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HB1359
HOUSE OF REPRESENTATIVES
H.B. NO.
1359
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to flood MITIGATION
.
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 residential
flooding is a persistent issue across the State, exacerbated by aging
infrastructure, poor drainage, and increased rainfall due to climate
change.
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Flooding not only damages homes
but also disrupts access to communities, especially in neighborhoods with
private roads where drainage maintenance is often neglected.
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The purpose of this Act
is to address flooding in residential areas, including on private roads, by
establishing a grant program to improve drainage systems, support mitigation
measures, and provide resources for local communities and homeowners.
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SECTION
2.
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Chapter 179, Hawaii Revised Statutes,
is amended as follows:
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1.
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By designating sections 179-1 through 179-4
as part I and inserting a title before section 179-1 to read:
"
PART
I.
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GENERAL DUTIES
"
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2.
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By adding a new part to be appropriately
designated and to read as follows:
"
Part II.
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RESIDENTIAL drainage systems and flooding mitigation and assistance
grant program
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�179-
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Residential flood mitigation and assistance
grant program; established.
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(a)
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The board of land and natural resources shall
establish a grant program to:
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(1)
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Support counties and communities in
maintaining, repairing, and improving drainage systems in residential areas,
including private roads accessible to the public; and
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(2)
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Assist eligible homeowners to implement flood
mitigation measures.
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(b)
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The board shall develop standards, policies,
and procedures for the administration of the residential flood mitigation and
assistance grant program.
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�179-
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Residential drainage system grants;
eligibility
.
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(a)
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The board may award grants to a county,
homeowners' or planned community association, or group of property owners who
collectively manage or maintain a private road for maintenance, repair, and
improvement of residential drainage systems, including but not limited to:
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(1)
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Clearing and maintaining drainage ditches and
stormwater systems;
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(2)
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Repairing or upgrading existing drainage infrastructure;
and
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(3)
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Constructing new systems to reduce flooding
risks.
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(b)
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Requests for grants shall be submitted to the
board in accordance with administrative rules adopted by the board to
administer the grant program.
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Each
request shall, at a minimum, include:
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(1)
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The name of the county,
homeowners' or planned community association, or group of property owners requesting
grant funds;
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(2)
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The area or areas for which the grant is
requested;
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(3)
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Evidence of a
history of flooding impacting the road or nearby properties in the area or
areas for which the grant is requested;
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(4)
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If the grant is requested for a privately
maintained road, evidence that the road is accessible to the public; and
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(5)
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A declaration of commitment by the applicant
to maintain any improved drainage systems.
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(c)
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Each applicant for a grant shall provide proof that the applicant:
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(1)
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Has United States
citizenship or permanent United States resident alien status and is a resident
or domiciliary of the State at the time of application;
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(2)
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Complies with all
other federal, state, or county statutes, rules, or ordinances necessary to
conduct the activities or provide the services for which a grant is awarded;
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(3)
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Complies with all
applicable federal and state laws prohibiting discrimination against a person
on the basis of race, color, national origin, religion, creed, sex, age, sexual
orientation, or disability;
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(4)
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Agrees not to use
state funds for entertainment or lobbying activities;
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(5)
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Allows the board,
legislative committees and their staff, and the auditor full access to the
applicant's records, reports, files, and other related documents and
information for the purposes of monitoring, measuring the effectiveness of, and
ensuring the proper expenditure of the grant;
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(6)
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Satisfies any
other standards that may be required by the source of funding; and
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(7)
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Meets all other
standards prescribed in rules adopted by the board to implement the grants
awarded under this section.
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(d)
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Each applicant who is awarded a grant
pursuant to this section shall provide a report to the board no later than one
year after the grant has been awarded and on an annual basis thereafter for as
long as the applicant has unexpended grant monies.
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The report shall include:
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(1)
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The number and location of projects funded;
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(2)
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The condition of the drainage systems cleared,
repaired, or upgraded; and
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(3)
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Plans for ongoing maintenance.
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(e)
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The board shall prepare any forms necessary
to meet the requirements of this section.
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�179-
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Residential flood mitigation assistance
grants; eligibility
.
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(a)
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The board may award grants to eligible
homeowners to implement flood mitigation measures, including but not limited:
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(1)
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Elevating homes or critical utilities;
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(2)
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Installing flood barriers, sump pumps, or
backflow prevention systems; and
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(3)
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Landscaping to improve water absorption and
redirect runoff.
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(b)
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Requests for grants shall be submitted to the
board in accordance with administrative rules adopted by the board to
administer the grant program.
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Each
request shall, at a minimum, include:
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(1)
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The name of the homeowner
requesting grant funds;
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(2)
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The location of the residence for which the
grant is requested; and
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(3)
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Evidence that the
residence is in a flood-prone area.
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(c)
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Each applicant for a grant shall provide proof that the applicant:
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(1)
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Has United States
citizenship or permanent United States resident alien status and is a resident
or domiciliary of the State at the time of application;
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(2)
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Complies with all
other federal, state, or county statutes, rules, or ordinances necessary to
conduct the activities or provide the services for which a grant is awarded;
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(3)
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Agrees not to use
state funds for entertainment or lobbying activities;
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(4)
�
Allows the board,
legislative committees and their staff, and the auditor full access to the
applicant's records, reports, files, and other related documents and
information for the purposes of monitoring, measuring the effectiveness of, and
ensuring the proper expenditure of the grant;
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(5)
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Satisfies any
other standards that may be required by the source of funding; and
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(6)
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Meets all other
standards prescribed in rules adopted by the board to implement the grants
awarded under this section.
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(d)
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The board shall prepare any forms necessary
to meet the requirements of this section.
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(e)
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No grant shall be awarded under this section
unless the applicant matches up to of the grant
awarded.
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�179-
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Public education and resources.
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The board shall develop and distribute
educational materials on residential flood prevention and mitigation
strategies, including:
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(1)
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Proper maintenance of private and public
drainage systems;
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(2)
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Use of permeable materials for driveways and
landscaping;
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(3)
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Emergency preparedness for flooding events;
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(4)
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Establishing and managing homeowners'
associations for private road maintenance; and
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(5)
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The availability of grants for residential
drainage systems and flood mitigation and assistance under this part.
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�179-
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Reporting.
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The board shall submit an annual report to
the legislature no later than twenty days prior to the convening of each
regular session, which shall include:
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(1)
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Number and location of projects funded;
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(2)
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Number of grants awarded for maintenance,
repair, and improvement of residential drainage systems;
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(3)
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Number of grants awarded to eligible
homeowners to implement flood mitigation measures; and
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(4)
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Any findings and recommendations, including
proposed legislation.
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�179-
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Rulemaking.
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The board may adopt rules pursuant to chapter 91 to effectuate the
purpose of this part."
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SECTION
3.
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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 implement the
grant program established by this Act.
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The sums
appropriated shall be expended by the
department of land and natural resources for the purposes of this Act.
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SECTION
4.
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New statutory material is
underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
DLNR;
Residential Flood Mitigation; Drainage Systems; Grants; Appropriation
Description:
Establishes
a grant program for drainage system maintenance and flood mitigation measures
in residential areas, to be administered by the Board of Land and Natural
Resources.
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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.