RELATING TO CESSPOOLS.

HB1749

HOUSE OF REPRESENTATIVES

H.B. NO.

1749

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to cesspools
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1
.
�
Section
342D-72, Hawaii Revised Statutes, is amended to read as follows:

����
"
�342D-72
�
Cesspools;
mandatory upgrade, conversion, or connection.
�
(a)
�

Before January 1, 2050, every cesspool in the State, excluding cesspools
granted exemptions by the director of health pursuant to subsection (b), shall
be:

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(1)
�
Upgraded or
converted to a director-approved wastewater system; or

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(2)
�
Connected to a
sewerage system.

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(b)
�

The director of health may grant exemptions from the requirements of
subsection (a) to property owners of cesspools that apply for an exemption and
present documentation showing a legitimate reason that makes it infeasible to
upgrade, convert, or connect the cesspools.
�

For the purposes of this subsection, a legitimate reason shall include
but not be limited to:

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(1)
�
Small lot size;

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(2)
�
Steep topography;

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(3)
�
Poor soils; or

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(4)
�
Accessibility
issues.

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(c)
�
The department shall adopt rules pursuant to
chapter 91 to:

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(1)
�
Ensure
cesspools categorized as priority level 1 or priority level 2 by the cesspool
prioritization tool are prioritized in any efforts undertaken by the department
to assist with cesspool upgrade, conversion, and connection; provided that the
cesspool prioritization tool shall be updated as determined by the department;
and

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(2)
�
Provide guidance
on cesspool upgrade, conversion, and connection to property owners.

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[
(c)
]
(d)
�
As used in this section[
,
"cesspool"
]
:

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"Cesspool"
means an
individual wastewater system consisting of an excavation in the ground whose
depth is greater than its widest surface dimension, that receives untreated
wastewater, and retains or is designed to retain the organic matter and solids
discharged into it, but permits the liquid to seep through its bottom or sides
to gain access to the underground geographic formation.

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"Cesspool prioritization
tool" means the most current version of the geographic information system tool
known as the Hawai
ʻ
i
Cesspool Prioritization Tool, developed by the university of Hawaii, that displays
the prioritization level of each cesspool in the State.
"

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SECTION
2
.
�
Section
508D-15, Hawaii Revised Statutes, is amended to read as follows:

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"
�508D-15
�
Notification required; ambiguity.
�
(a)
�

When
residential
real property lies within:

����
(1)
�
The boundaries of
a special flood hazard area
as officially designated on flood maps promulgated by the National
Flood Insurance Program of the Federal Emergency Management Agency for the
purposes of determining eligibility for emergency flood insurance programs;

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(2)
�
The boundaries of the noise exposure area
shown on maps prepared by the department of transportation in accordance with
Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14
C.F.R. part 150), for any public airport;

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(3)
�
The
boundaries of the Air Installation Compatible Use Zone of any Air Force, Army,
Navy, or Marine Corps airport as officially designated by military authorities;

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(4)
�
The
anticipated inundation areas designated on the department of defense's
emergency management tsunami inundation maps; or

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(5)
�
The
sea level rise exposure area as designated by the Hawaii climate change
mitigation and adaptation commission or its successor,

subject to the availability of maps that designate
the five areas by tax map key (zone, section, parcel), the seller shall include
the material fact information in the disclosure statement provided to the buyer
subject to this chapter.
�
Each county
shall provide, where available, maps of its jurisdiction detailing the five
designated areas specified in this subsection.
�

The maps shall identify the properties situated within the five
designated areas by tax map key number (zone, section, parcel) and shall be of
a size sufficient to provide information necessary to serve the purposes of
this section.
�
Each county shall provide
legible copies of the maps and may charge a reasonable copying fee.

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(b)
�

When residential real property lies adjacent to the shoreline, the
seller shall disclose all permitted and unpermitted erosion control structures
on the parcel, expiration dates of any permitted structures, any notices of
alleged violation associated with the parcel, and any fines for expired permits
or unpermitted structures associated with the parcel.

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(c)
�
Beginning January 1, 2027, when real property
contains a cesspool, the seller shall provide a cesspool disclosure form, to be
developed by the department of health and real estate commission, to the buyer,
who shall provide written acknowledgment of the cesspool disclosure form before
the execution of a real estate purchase contract.

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Any person who violates this subsection
shall be fined not more than $ ;
provided that failure to provide the cesspool disclosure form to a buyer shall
not be deemed a violation of this subsection if the seller makes a good faith
examination of relevant department of health and county records and mistakenly
concludes that the real property does not contain a cesspool.

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[
(c)
]
(d)
�
When it is questionable whether residential
real property lies within any of the designated areas referred to in subsection
(a) due to the inherent ambiguity of boundary lines drawn on maps of large
scale, the ambiguity shall be construed in favor of the seller; provided that a
good faith effort has been made to determine the applicability of subsection
(a) to the subject real property.

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[
(d)
]
(e)
�
Except as required under subsections (a)[
,
(b), and (c)
]
to (d)
and section 508D-3.5, the seller shall have no
duty to examine any public record when preparing a disclosure statement.
"

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SECTION 3.
�
No later than November 1, 2026, the
department of health and real estate commission shall develop a standardized
cesspool disclosure form that:

����
(1)
�
Informs a buyer of
whether the residential real property is served by a cesspool, septic system,
or sewer;

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(2)
�
Informs a buyer of
the location of the cesspool, if known; and

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(3)
�
Includes a
statement in no less than fourteen-point font as follows:

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"PURSUANT TO SECTION
342D-72, HAWAII REVISED STATUTES, ANY CESSPOOL THAT HAS NOT BEEN GRANTED AN EXEMPTION
BY THE DIRECTOR OF HEALTH IS REQUIRED TO BE UPGRADED OR CONVERTED TO A
DIRECTOR-APPROVED WASTEWATER SYSTEM OR CONNECTED TO A SEWERAGE SYSTEM BEFORE
JANUARY 1, 2050.
�
CONSULT THE DEPARTMENT
OF HEALTH FOR ADDITIONAL GUIDANCE REGARDING CESSPOOL UPGRADE, CONVERSION, AND
CONNECTION TIMELINES AND ANY AVAILABLE FINANCING RESOURCES."

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SECTION 4.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 to update the Hawai
ʻ
i Cesspool Prioritization
Tool.

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The sum appropriated shall be
expended by the university of Hawaii for the purposes of this Act.

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SECTION 5.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 7.
�
This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Cesspools;
Prioritization; Cesspool Disclosure Form; Penalties; Department of Health; Real
Estate Commission; Appropriation

Description:

Requires
the Department of Health to adopt rules to prioritize priority level 1 and
priority level 2 cesspools in any efforts undertaken to assist with cesspool
upgrade, conversion, and connection and provide guidance to property owners.
�
Requires and appropriates funds for the Hawai
ʻ
i Cesspool Prioritization Tool to be
updated as determined by the Department of Health.
�
Beginning 1/1/2027, requires sellers to
provide buyers with a cesspool disclosure form before the execution of a real
estate purchase contract.
�
Requires the
Department of Health and Real Estate Commission to develop a standardized
cesspool disclosure form by 11/1/2026.
�

Establishes penalties.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.