SB946 amends Hawaii’s wastewater discharge law to make clear that, after December 31, 2026, no person or treatment plant may discharge wastewater or raw sewage into state waters. The bill removes language that had singled out “treated” wastewater and instead applies the prohibition broadly to wastewater and raw sewage, while preserving the ability to use reclaimed or recycled water for beneficial purposes authorized by law.
The measure also deletes an existing exemption for treatment plants that use sewage to produce clean energy, while retaining the exception for persons or treatment plants that are in compliance with the chapter, applicable rules, or a permit or variance issued by the director. It further confirms that the prohibition does not override federal law and does not affect preexisting rights, duties, penalties, or proceedings that arose before the act’s effective date.
Impact
The bill would amend section 342D-50.5 of the Hawaii Revised Statutes, expanding and clarifying the state prohibition on discharging wastewater or raw sewage into state waters. It directly affects treatment plants, wastewater operators, and any other dischargers subject to the statute, and it narrows prior statutory language by removing the clean-energy sewage-use exemption. The bill leaves intact lawful reclaimed-water uses and compliance-based exceptions tied to permits, variances, and environmental regulations.
Sentiment
The available voting record shows strong support for the bill at each committee stage, with unanimous 3-0 votes in the Senate Health and Human Services Committee and the Senate Agriculture and Environment Committee, followed by a unanimous 13-0 vote in Senate Ways and Means. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant opposition. Overall, the bill appears to have been viewed favorably as a clarifying and strengthening wastewater-control measure.
Contention
The main policy issue embedded in the bill is the removal of the exemption for treatment plants that use sewage to produce clean energy, which could affect facilities relying on that pathway. Another point of potential concern is the broadened scope of the discharge ban to explicitly include treatment plants and all wastewater, though the bill preserves compliance and permit-based exceptions. Because no discussion transcripts are available, any disagreement appears limited or not captured in the provided record, and the unanimous committee votes suggest little visible contention.