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Panel narrows wastewater bill language, adds 'persons' back; one member votes no in protest of ocean discharge
Summary
The committee amended SP946 SD2 HD1 (wastewater management) to reinstate the word "persons" after members worried striking it might narrow enforcement; the bill passed with one 'no' vote and will go forward with an HD2 incorporating that change.
Deputy Director Bob Schmidt of the Maui County Department of Environmental Management testified in support of the wastewater management measure (SP946 SD2 HD1) and said Maui is expanding recycled R-1 distribution to reduce injection wells.
During questioning, Representative Bellotti raised concerns that striking the word "person" from statutory language could be overly broad or could narrow enforcement, asking whether the chapter in question specifically targets treatment facilities. Schmidt said the bill focuses on treatment plants and that existing law (including federal Clean Water Act principles) inform enforcement, but he deferred legal interpretation to the Department of Health.
Members debated the scope and potential unintended effects of removing the word. Representative Iwamoto said reinstating "persons" narrows the bill to focus on treatment facilities; the committee agreed to restore "persons" and pass the bill with that HD change.
Representative Shimizu said she would vote no as a protest against continued ocean discharge of treated effluent. The bill passed with an HD amendment to restore "persons"; the committee noted the no vote from Representative Shimizu.
Why it matters: the language change clarifies whether prohibitions apply broadly to any "person" or are meant to target treatment facilities — an ambiguity with enforcement and policy consequences. Maui officials also noted efforts to expand reclaimed water use as an alternative to ocean discharge.
Ending: The committee passed SP946 with an HD amendment reinstating "persons" and forwarded the bill for further consideration along with the record of the no vote.
