The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the House Committee on Energy and Environmental Protection on Jan. 30, 2025.
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Jan. 30, 2025, 9 a.m.
Hawaii State Capitol
Conference Room 325 and Videoconference
To: House Committee on Energy and Environmental Protection
Rep. Nicole Lowen, Chair
Rep. Amy Perruso, Vice Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: HB735 — RELATING TO WASTEWATER
Aloha Chair Lowen, Vice-Chair Perruso and other members of the Committee,
The Grassroot Institute of Hawaii supports HB735, which would allow septic systems to serve up to five bedrooms — regardless of the number of dwellings attached to it.
It would also allow new buildings with five bedrooms or less that are constructed in priority level 3 cesspool areas to be connected to existing cesspools, provided that the existing cesspools shall receive no more than 1,000 gallons of wastewater a day, and that the Department of Health can deny a permit to build on an existing cesspool if the new construction would affect water quality.
The underlying reason for this bill, which would sunset on June 30, 2030, is that Hawaii has a housing crisis, and while the state goal of converting all 88,000 cesspools to other wastewater treatment systems by 2050 is well-intentioned, it must be balanced against the need to facilitate the construction of more homes.
The 2022 report from the Cesspool Conversion Working Group noted that replacing a cesspool with a septic system, connecting to a sewer line, or converting to any other kinds of wastewater treatment technology would be a financial burden for 97% of Hawaii’s households. Even with a $10,000 tax rebate, conversion would be a financial burden to 85% of households.[1]
This is because cesspool conversion is expensive, with costs ranging from $9,000 to $60,000, depending on the property’s location and access to existing sewer lines.[2] For many homeowners in rural areas, the cost of converting a cesspool can make the construction of new housing units extremely difficult, if not impossible.
This was evidenced by the rebuilding after the August 2023 fires in Kula, Maui.[3] Many homeowners there were facing the hardship of upgrading their wastewater systems after losing their homes to the fires, until the Hawaii Department of Health issued guidance that generally exempted the rebuilds from the state’s cesspool-conversion mandate.[4]
The exemptions provided in this bill would allow homeowners with cesspools or septic systems to have up to five bedrooms connected to these systems. Federal rules state that cesspools can only be connected to one dwelling,[5] while the bill specifies that more than one dwelling could connect to septic so long as the total number of bedrooms does not exceed five.
The result would be more housing for Hawaii residents, which I’m sure you would agree would be a good thing.
Please advance HB735.
Thank you for the opportunity to testify.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
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[1] “Cesspool Conversion Working Group Final Report to the Regular Session Legislature pursuant to Act 170 Session Laws Hawaii of 2019,” Hawaii Department of Health, November 2022, p. 43.
[2] “Cesspool Conversions Finance Research: Summary Report,” Hawaii Department of Health, January 2021, p. 1.
[3] Colleen Uechi, “Rebuild of homes destroyed in Kula fire runs into costly wastewater upgrades,” Maui Now, Sept. 29, 2024.
[4] “DOH issues guidance for existing cesspool use in residential Kula,” Maui Now, Nov. 12, 2024.
[5] “Large-Capacity Cesspools,” U.S. Environmental Protection Agency, updated July 10, 2024.
