SenateS. 5578119th Congress

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

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5578 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5578

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

_______________________________________________________________________

                   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:

``SEC. 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.''.
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