RELATING TO STORMWATER MANAGEMENT SYSTEMS.

HB1232

HOUSE OF REPRESENTATIVES

H.B. NO.

1232

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to stormwater management systems
.

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

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SECTION 1.
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The
legislature finds that detention and retention ponds are meant to hold
stormwater.
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However, while detention and
retention ponds help manage stormwater and control flooding, mitigating risk
for these systems is critical in minimizing threats to public health and
safety.
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Hawaii's high drowning rate, the
second worst in the nation for residents and the highest for visitors,
necessitates joining other jurisdictions across the United States in developing
retention and detention pond safety programs.
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The urgency is made even greater by climate change which has created more
frequent and intense rainfall resulting in increased use of retention ponds,
which are designed to hold water year-round, and detention ponds, which remain
dry until a major rain.

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The legislature further finds that the
Hawai
ʻ
i Water Safety Plan, which was published
by the Hawaii Water Safety Coalition in 2025, provides several recommendations
to reduce drowning by improving safety regarding detention and retention ponds
in the State.

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The purpose of this Act is to ensure the
health, safety, and welfare of the citizens of the State by:

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(1)
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Prohibiting
counties from permitting or allowing retention and detention ponds to be
constructed except under certain conditions; and

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(2)
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Creating
a program for monitoring and inspection of detention and retention ponds to
increase safety and prevent drownings.

This Act
also recognizes Charlotte "Sharkey" Schaefers, the five-year-old girl
who drowned at a Pearl City naval housing complex while trying to save the life
of her childhood friend.

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SECTION 2.
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Chapter 46,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

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"
�46-
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Retention ponds and detention ponds;
construction; maintenance; requirements.
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Beginning
, , no county
shall permit or allow any retention pond or detention pond, as those terms are
defined in section 340E-B, to be constructed within that county unless the
developer or responsible person proposing the construction and maintenance of
the pond has a maintenance plan on file and files an affidavit with the
department of health agreeing to annual inspections by the department of
health.
"

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SECTION
3.
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Chapter 340E, Hawaii Revised
Statutes, is amended by adding a new part to be appropriately designated and to
read as follows:

"
Part .
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rainwater retention pond and detention pond
monitoring and inspection program

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340E-A
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Short title.
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This part may be cited as the "Charlotte
'Sharkey' Schaefers Inspection Law".

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340E-B
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Definitions.
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As used in this part, unless the context
otherwise requires:

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"Detention
pond" or "dry-retention system" means an area that is designed
to:

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(1)
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Hold stormwater until the effects of
percolation, evapotranspiration, or controlled release return the area to its
normally dry state; and

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(2)
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Dissipate inflowing stormwater within
seventy-two hours to accommodate a new volume of water.

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"Retention
pond" or "wet-detention system" means a permanent or
semi-permanent aquatic system that acts as a trap where pollutants picked up by
the initial surge of stormwater settle out before leaving the retention pond.

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340E-C
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Retention pond and detention pond;
maintenance; inspection.
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(a)
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The department shall establish a retention
pond and detention pond monitoring and inspection program to perform an annual
safety inspection of each retention pond and detention pond in the State built
after , , to
ensure that the operation of each retention pond and detention pond complies
with the requirements of this part and rules adopted by the department.

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(b)
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The department shall strive to inspect
retention ponds and detention ponds, to the greatest extent possible, before
and after major rain events.

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(c)
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Inspections shall ensure that retention ponds
and detention ponds meet the following safety requirements:

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(1)
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Proper vegetation management that acts as a
stabilizer and safety buffer for the structure;

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(2)
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Proper trash, debris, and litter removal;

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(3)
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Appropriate ground cover to ensure proper
infiltration and runoff and effective filtering of pollutants;

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(4)
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Appropriate accumulated sediment levels;

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(5)
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Appropriate fencing, signage, and ring buoys;

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(6)
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Proper gradual sloping that is not eroding and
causing destabilization at the embankments;

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(7)
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The presence of shelves or shallow areas
around the banks that allow people and animals to climb out of the water;

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(8)
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Design and building features that allow for
regular maintenance, access for inspections, removal of debris, and vegetation
management;

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(9)
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A maintenance plan on file by the owners or
operators of the retention pond or detention pond that includes design drawings
and operational records and addresses vegetation management, bank erosion and
stabilization, and trash, debris, litter, and sediment removal.
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The maintenance plan shall also address life
expectancy and a replacement timeline for outlet and inlet structures,
orifices, trash racks, and emergency spillways and comply with federal, state,
and county requirements; and

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(10)
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Other requirements as determined by the
department.

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(d)
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The following shall be exempt from the
maintenance plan and inspection requirements pursuant to this part:

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(1)
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Existing retention ponds and detention ponds
built before , ;
and

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(2)
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Golf courses, hotels, resort properties, or
other secured recreational areas; provided that the entities who own, control,
or manage such properties shall provide the department with proof of security
for its retention ponds or detention ponds.

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340E-D
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Rules; fines.
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The department shall adopt rules in
accordance with chapter 91 to carry out the purposes of this part.
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Violations of this part shall be subject to
administrative fines as determined by the department in accordance with rules."

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SECTION 4.
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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 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to establish four full-time
equivalent (4.0 FTE) inspector positions to inspect retention ponds and
detention ponds across the State pursuant to this Act; provided that one
inspector position shall be designated for each of the islands of Oahu, Hawaii,
and Kauai, and one inspector position shall be designated for the islands of
Maui, Molokai, and Lanai.

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The sums

appropriated shall be expended by the department
of health for the purposes of this Act.

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SECTION 5.
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In codifying the new sections added by
section 3 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION
6.
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New statutory material is
underscored.

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SECTION 7.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Retention
Ponds; Detention Ponds; Counties; Department of Health; Inspection;
Appropriation

Description:

Prohibits
counties from permitting or allowing retention and detention ponds to be
constructed
except under certain conditions.
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Requ
ires
the Department of Health to inspect retention and detention ponds statewide.
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Establishes certain safety requirements.
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Appropriates funds.

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