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II
119th CONGRESS
2d Session
S. 5578
IN THE SENATE OF THE UNITED STATES

September 29, 2026

Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Federal Water Pollution Control Act to establish the Hawaiian Islands Program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Hawaiian Islands Program

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

127. Hawaiian Islands Program

(a) Definitions

In this section:

(1) Director

The term Director means the director of the Office appointed under subsection (b)(3)(A).

(2) Management conference

The term management conference means the management conference convened pursuant to subsection (c)(1).

(3) Office

The term Office means the office required under subsection (b)(2).

(4) Program

The term Program means the Hawaiian Islands Program established under subsection (b)(1).

(5) Responsible management entity

The term responsible management entity means an organization consisting of diverse stakeholders with technical, managerial, and financial capacity to operate and maintain viable decentralized wastewater systems within the jurisdiction of the organization.

(6) Small-capacity cesspool

The term small-capacity cesspool means an underground sanitary waste system that—

(A)

is connected to 1 single-family residence and serves no other structures; and

(B)

receives only residential sanitary waste.

(b) Program

(1) Establishment

The Administrator shall establish in the Environmental Protection Agency a program, to be known as the Hawaiian Islands Program, to address holistic clean water issues that are distinct due to the unique geographies, ecosystems, and climates in the State of Hawaii by providing funding and research assistance.

(2) Location

The Program shall have an office in the State of Hawaii.

(3) Director
(A) Appointment

The Office shall have a director, to be appointed by the Administrator.

(B) Duties

The Director shall—

(i)

conduct or commission studies determined necessary for strengthened implementation of the comprehensive action plan under subsection (d);

(ii)

coordinate the funding, research, and planning programs authorized under this section;

(iii)

develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of the watersheds and coastal waters in the State of Hawaii;

(iv)

convene the management conference and provide administrative and technical support to that management conference;

(v)

collect and make available to the public (including on a publicly accessible website) publications and other information that the management conference determines to be appropriate with respect to the environmental quality of the watersheds and coastal waters of the State of Hawaii;

(vi)

monitor the progress made toward meeting the goals, actions, and schedules included in the comprehensive action plan under subsection (d), including through the implementation and support of monitoring systems for the ecological health and water quality conditions of the watersheds and coastal waters of the State of Hawaii; and

(vii)

convene conferences and meetings for legislators from the government of the State of Hawaii, including subdivisions of the State of Hawaii, for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restoration of the watersheds and coastal waters of the State of Hawaii and the implementation of the comprehensive action plan under subsection (d).

(4) Staffing

The Director may hire such additional personnel as may be necessary to carry out the duties of the Director under paragraph (3).

(c) Management conference

(1) In general

The Director shall, in consultation with the State of Hawaii, convene a management conference to develop the comprehensive action plan under subsection (d).

(2) Membership

The management conference shall be composed of—

(A)

Federal, State, and local government stakeholders and nonprofit organizations in the State of Hawaii with proven expertise in wastewater and drinking water systems infrastructure, watershed restoration and aquifer water quality protection, coastal wetlands research, and aquatic resource management, as determined by the Director, in consultation with the State of Hawaii; and

(B)

stakeholders from Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)) with proven expertise in relevant traditional ecological knowledge, as determined by the Director, in consultation with the State of Hawaii.

(d) Comprehensive action plan

(1) In general

Not later than 3 years after the date of enactment of this section, the management conference shall, in consultation with the State of Hawaii, develop a comprehensive action plan that identifies and prioritizes needs for the State of Hawaii, including—

(A)

conversions of small-capacity cesspools, with a focus on converting small-capacity cesspools that pose the greatest risk to human and environmental health;

(B)

environmental remediation to restore and improve aquifer water quality and recharge rates of the watersheds and coastal waters of the State of Hawaii, including with respect to groundwater contamination caused by failing wastewater systems; and

(C)

coastal wetlands monitoring, research, and management—

(i)

to reduce pollution and erosion;

(ii)

to conserve native flora and fauna, including aquatic species, with a focus on endemic species and the habitats of those flora and fauna; and

(iii)

to mitigate damage from coastal flooding.

(2) Revision

The management conference shall revise the comprehensive action plan developed under paragraph (1) not less frequently than once every 5 years.

(e) Annual priority list

Beginning after the management conference finalizes the first comprehensive action plan under subsection (d), the management conference shall annually compile a priority list, consistent with the comprehensive action plan, identifying and prioritizing projects, activities, and studies to be carried out using amounts made available to carry out this section.

(f) Projects, activities, and studies

The Director may provide funding through cooperative agreements, grants, interagency agreements, contracts, or other funding mechanisms to Federal, State, or local agencies, special districts, responsible management entities, public or nonprofit agencies, and other public or private entities, institutions, and organizations for projects, activities, and studies identified on the annual priority list under subsection (e).

(g) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2028 through 2032.

(2) Limitation

Of the amounts made available under paragraph (1) each fiscal year, not more than 4 percent may be used for administrative purposes to carry out this section.