Cesspool Conversion Law Update In Hawaii

Kona Home Team (LUVA LLC) Lance Owens (RB-24133), 2024 Real Estate Expert - Hawaii Island (Kona Home Team (luva llc)) • March 31, 2023

Nobody wants to be swimming in an ocean of full of wastewater, so let's take a look at what to expect in 2023 with several of the cesspool bills bouncing around still. here is an update on a couple that will have the greatest effect on homeowners:

SB428: Requires each county to develop a comprehensive integrated wastewater management plan and financial strategy. Requires each county to submit its respective plan and financial strategy to the Legislature. This bill was deferred but it will be introduced as a "resolution" which will achieve the same end results

SB426: Requires priority level 1 cesspools to be upgraded, converted, or connected before 1/1/2035, with certain exceptions, and priority level 2 cesspools to be upgraded, converted, or connected before 1/1/2040, rather than before 1/1/2050. Specifies that no penalty or other assessment for any violation shall constitute a lien on the real property and no seizure of property shall be authorized for any violation.

We fondly refer to this bill as the "Paper Tiger". Despite numerous modifications, the latest version renders it unenforceable. As a result, I doubt it will gain any traction among legislators. I have volunteered to explain the potential impacts on home sales and lending several times, but have not received any significant response. I have first-hand experience in selling homes during the shutdown of gang cesspools and understand the implications of non-compliance with environmental regulations. I would be happy to offer guidance on developing a bill that is actually effective. Please feel free to contact me.

On a positive note, I recently participated in an interview with the Grassroot Institute of Hawaii. In the interview, I discuss a few reasons why the current bills are ineffective and suggest better alternatives. ( SEE SLIDES BELOW TO UNDERSTAND VIDEO BETTER)

Posted by

Lance Owens RB-24133
808.936.8383

LUVA Real Estate | 75-240 Nani Kailua #8, Kailua Kona, HI 96740
REALTOR® / BROKER-IN-CHARGE • Residential homes, Condos, Land, Agricultural/ Equestrian/Large Acreage
Hawaii Association of REALTORS® (HAR)
2025 President 2023/24 State RPAC Chair
2023 HARLA Graduate
National Association of REALTORS® (NAR)
2023-25 Director 2024-25 RPAC Participation Council Safety Advisory Committee Region 13 Leadership
NAR Designations
AWHD (At Home With Diversity) | PSA ( Pricing Strategy Advisor)
West Hawaii Association of REALTORS® (WHAR)
2023 REALTOR® of the Year 2018/2022 President