Act 125 Homeowner Guide

Kauaʻi Homeowner Guide To Act 125 And Cesspool Conversion

Act 125 requires Hawaiʻi cesspools to be upgraded, converted, or connected to sewer before 2050 unless an exemption applies. For Kauaʻi homeowners, the practical next step is to verify official records, understand the property's priority and constraints, and talk with the right professionals before assuming cost, timeline, or eligibility for any funding program.

Plain language

What Act 125 Means In Plain Language

Hawaiʻi Act 125 was passed in 2017 and requires cesspools to be replaced, upgraded, converted, or connected to sewer before 2050 unless an exemption applies. The statewide goal is to reduce cesspool pollution and prioritize upgrades based on public health and environmental risk.

The 2050 deadline

What The 2050 Deadline Does And Does Not Mean

The 2050 deadline is a statewide requirement, not a promise that every property can wait until the last minute. Some properties may face earlier action because of permitting, sale, construction, wastewater system failure, priority status, or project-specific agency requirements. Homeowners should verify current requirements with official sources before making decisions.

Earlier triggers

When Upgrades May Be Required Sooner

  • A wastewater system fails or becomes unsafe
  • A building, ADU, sale, refinance, or permit process triggers review
  • Official agency review requires system changes
  • The property is in a higher-priority or sensitive area
  • The owner chooses to plan before the final statewide deadline
  • Funding or reimbursement timing creates a practical reason to move earlier

Related reading: cesspool conversion excavation and what affects cesspool conversion cost on Kauaʻi.

Priority and risk

How To Check Priority And Risk

The Hawaiʻi Cesspool Prioritization Tool is a useful starting point for understanding relative risk and priority, but it should not replace official agency guidance. Property owners should use it alongside DOH records, County and State resources, and qualified professional advice.

Official questions

Who To Contact For Official Wastewater Questions

On Kauaʻi, wastewater and individual wastewater system questions should be confirmed with the Kauaʻi District Health Office Wastewater Branch and appropriate qualified professionals. Kauaʻi County's Wastewater Division states that it does not regulate cesspools or septic tanks and directs owners to the State Department of Health Kauaʻi Branch for that information.

For an overview of the services we provide, see cesspool conversion and septic excavation and site preparation.

Before an estimate

What Information Helps Before A Site-Work Estimate

  • Property address or TMK if available
  • Known cesspool or septic location
  • DOH records, cesspool card, septic as-built, or prior wastewater paperwork
  • Photos of access, slope, drainage, and work areas
  • Known utility, well, waterway, structure, or driveway constraints
  • Whether an engineer, wastewater professional, plumber, or designer is already involved
  • Timeline pressure, permit activity, sale/refinance concerns, ADU plans, or building plans

See our process and how to choose a cesspool conversion contractor on Kauaʻi.

Funding history

Funding History And Act 204 (2026)

Act 204 (2026) created a state revolving loan fund at the Hawaiʻi Green Infrastructure Authority. Rules are still being written and no applications are open yet.

Funding and reimbursement programs can change. Kauaʻi County's Residential Cesspool Conversion Grant Program page currently states that the application period is closed. Past State and County materials described reimbursement and grant programs, but homeowners should always check current official sources before assuming eligibility, timing, or coverage.

More on this: grants and tax credits and our resources index.

FAQ

Act 125 FAQ

When do Hawaiʻi cesspools need to be upgraded?

Act 125 requires Hawaiʻi cesspools to be upgraded, converted, or connected to sewer before 2050 unless an exemption applies. Check current State and DOH sources for details that apply to a specific property.

What can make an upgrade happen before 2050?

System failure, construction, permitting, property sale, agency review, higher-priority location, or owner timing can all create reasons to address a cesspool before the final deadline.

Where can I check my property’s priority?

The Hawaiʻi Cesspool Prioritization Tool can help homeowners understand relative risk and priority. Official records and requirements should still be confirmed with the appropriate agencies and professionals.

Who regulates septic and cesspools on Kauaʻi?

Wastewater questions should be confirmed with the Kauaʻi District Health Office Wastewater Branch and appropriate qualified professionals. Kauaʻi County's Wastewater Division says it does not regulate cesspools or septic tanks.

Does funding cover the whole project?

Do not assume that funding is available or that it will cover the whole project. Program rules, eligibility, reimbursement requirements, and application periods can change. Act 204 (2026) created a new state revolving loan fund at the Hawaiʻi Green Infrastructure Authority, but that program is in early setup and no applications are open yet.

Need help understanding the site-work side?

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