What the law says
Act 125 (2017), now Hawaiʻi Revised Statutes section 342D-72, says that before January 1, 2050, every cesspool in the state must be either upgraded or converted to a wastewater system approved by the Director of Health, or connected to a sewer system.
The statute defines a cesspool as an excavation deeper than it is wide that takes untreated wastewater and lets the liquid seep into the ground through its bottom or sides.
Exemptions
The Director of Health may grant an exemption to an owner who applies and shows a legitimate reason that makes conversion infeasible. The law lists small lot size, steep topography, poor soils and accessibility issues as examples. An exemption is not automatic. You have to apply and document it.
Priority areas
The deadline is the same for everyone, but the state ranks some cesspools as higher priority because of their risk to drinking water, streams and the ocean. See Is my cesspool a priority?
What changed in 2026
- New loan fund. HB 1618 was signed in July 2026 as Act 204. It created a Cesspool Conversion Revolving Loan Fund run by the Hawaiʻi Green Infrastructure Authority. See financing.
- Bills that did not become law. Bills to bring back a cesspool tax credit (HB 2079) and to require a standard cesspool disclosure form in home sales (HB 1749) were introduced in 2026. Their measure pages do not show them becoming law, so check the Legislature's site for the latest.
Why act before 2050
Many owners convert sooner because of a home sale, a failing cesspool, a renovation that needs permits, or to use financing while it is available. A quote and site evaluation tell you what your property needs.
Sources: HRS 342D-72; Governor news release, July 2026; HB 1618 (2026); HB 2079; HB 1749