Hawaii legislation · 2026 Regular Session
Hawaii HB1749: Relating to Cesspools.
Status: Passed one chamber, April 20, 2026
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.
What the bill says
A bill FORAN ACT RELATING TO CESSPOOLS. SECTION I. Section 508D-I5, Hawaii Revised Statutes, is amended to read as ambiguity[--]; cesspools. (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; (2) The boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Re.
From the engrossed text:
A BILL FORAN ACT RELATING TO CESSPOOLS. SECTION I. Section 508D-I5, Hawaii Revised Statutes, is amended to read as ambiguity[--]; cesspools. (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; (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; (3) The boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps 2026-1842 HB1749 SDl SMA.docx iniiiiiiiiiiiiiiiiiiiiHiiiiiiiiiliiiiiiiiHi Page H.B. NO. -- airport as officially designated by military authorities; (4) The anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps; or (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 …