SB1232

SECTION 1. The legislature finds that the pollution from cesspools harms the health of the State's people and water quality. There are more than eighty thousand cesspools across the State that discharge, in total, about fifty million gallons of wastewater into the State's groundwater every day. The legislature further finds that cesspools are antiquated, substandard systems that damage public health; pollute drinking water; and lower the water quality of streams, groundwater, nearshore marine areas, and the ocean. Cesspool pollution also harms public recreation and the precious coral reefs on which the State's economy, shoreline, fisheries, and native species depend. The United States Geological Survey estimates that the State's reefs provide flood protection to six thousand eight hundred people and averts $836,000,000 in damages to property and economic activity annually.

The legislature further finds that to protect the public health and environment, cesspools must be replaced by connecting homes to sewage systems or, in areas that are too remote to be feasibly connected, upgraded with either individual on-site wastewater disposal systems or cluster wastewater treatment systems.

The legislature further finds that maintaining the purity of the State's water is a matter of statewide concern that falls under the legislature's power to enact laws pursuant to article XI, section 7, of the Hawaii State Constitution. To address the State's cesspool pollution, Act 125, Session Laws of Hawaii 2017, requires that all cesspools be upgraded or converted to a septic system or aerobic treatment unit system or connected to a sewerage system before January 1, 2050, with certain exemptions. Recognizing possible alternatives, Act 153, Session Laws of Hawaii 2022, amended the law to instead require that every cesspool in the State, excluding cesspools granted exemptions by the director of health, be upgraded or converted to a "director-approved wastewater system" or connected to a sewerage system. The legislature notes that it is critical that cesspool conversions be affordable for homeowners and government entities.

The legislature further finds that new and emerging wastewater technologies and management solutions may improve the public health and environment and better protect the State's fragile coral reefs at a more affordable cost than some traditional individual wastewater systems. Technologies that are reaching commercial scale for the first time include solutions for individual homes, multi-unit dwellings, apartment buildings, and entire communities. At neighborhood or municipal scale, these technologies could effectively treat sewage for entire communities at a lower cost than existing technology currently employed in the State.

The legislature also finds that new technologies must be tested in order to be certified by the department of health for use in the State. The university of Hawaii water resources research center could facilitate the department of health's certification process with its experience, guidance, and research regarding wastewater technologies. To carry out this task, the university of Hawaii water resources research center requires funding to establish a full-time coordinator position, cover administrative costs, and cover infrastructure and equipment costs necessary to conduct tests and analyses.

Accordingly, the purpose of this Act is to appropriate funds to the university of Hawaii to establish a three-year new wastewater technology testing pilot program.

SECTION 2. (a) There is established a three-year new wastewater technology testing pilot program within the university of Hawaii water resources research center.

(b) The university of Hawaii water resources research center shall coordinate with the university of Hawaii sea grant college program, college of engineering of the university of Hawaii, department of health, department of Hawaiian home lands, and appropriate county agencies to:

(1) Test new wastewater technology systems;

(2) Review and evaluate the affordability, feasibility, and efficiency of the treatment technologies;

(3) Document, validate, and summarize the various tests, research, and outcomes of each wastewater treatment works systems and individual wastewater systems; and

(4) Submit the results of each test to the department of health.

(c) The university of Hawaii water resources research center shall submit an interim report to the legislature no later than twenty days prior to the convening of the regular sessions of 2026 and 2027; provided that the university of Hawaii water resources research center shall also submit a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2028, detailing:

(1) Information on the new wastewater technology systems reviewed and tested, including test results;

(2) Recommendations on how to improve the efficiency of the pilot program;

(3) Whether the pilot program should be made permanent; and

(4) Any other recommendations that the university of Hawaii water resources research center deems appropriate.

(d) The new wastewater technology testing program shall cease to exist on June 30, 2028.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the implementation of the new wastewater technology testing pilot program.

The sums appropriated shall be expended by the university of Hawaii for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1232
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII