RELATING TO STORMWATER MANAGEMENT SYSTEMS.

Agriculture

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: HASHEM
Last action: 2026-02-25
Official status: The committee(s) on FIN recommend(s) that the measure be deferred.
Effective date: Not listed

Plain English Breakdown

The effective date in the bill text is July 1, 3000, not July 1, 2026 as mentioned in the candidate explanation.

Rules for Stormwater Management Systems

This bill changes the rules about stormwater management systems to exclude agricultural ponds and low-risk green infrastructure from certain regulations.

What This Bill Does

Changes existing laws so that agricultural ponds are not covered by stormwater retention pond regulations, even if they collect some stormwater.
Defines what 'low-risk green stormwater infrastructure' means and says it is also exempt from the same regulations.

Who It Names or Affects

Farmers who have ponds used mainly for agriculture, not just to manage stormwater.
People and organizations using low-risk green infrastructure like rain gardens or bioretention cells.

Terms To Know

Retention pond: A place designed to hold water during storms, allowing pollutants to settle before the water leaves.
Detention pond: An area that temporarily holds stormwater until it can safely drain away.
Low-risk green stormwater infrastructure: Systems like rain gardens or swales designed to manage stormwater in a way that is safe and helps the environment.

Limits and Unknowns

The bill does not specify what happens if an agricultural pond starts being used more for stormwater management than its original purpose.
It's unclear how counties will enforce these new rules or provide guidance to those affected by them.
The effective date of July 1, 2026, seems incorrect and might be a placeholder.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment exempts agricultural infrastructure and low-risk green stormwater infrastructure from the regulations covering retention ponds established by Act 281.

Exempts agricultural infrastructure, even if it receives incidental stormwater runoff, from the applicability of section 46-11.7, Hawaii Revised Statutes.
Exempts low-risk green stormwater infrastructure from the regulations covering retention ponds established by Act 281.

The amendment text does not specify how these exemptions will be enforced or monitored by the counties.

Bill History

2026-02-25 H
The committee(s) on FIN recommend(s) that the measure be deferred.
2026-02-23 H
Bill scheduled for decision making on Wednesday, 02-25-26 3:30PM in conference room 308 VIA VIDEOCONFERENCE.
2026-02-23 H
The committee(s) on FIN recommend(s) that the measure be deferred until 02-25-26.
2026-02-19 H
Bill scheduled to be heard by FIN on Monday, 02-23-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
2026-02-12 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and none excused (0).
2026-02-12 H
Reported from WAL (Stand. Com. Rep. No. 238-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
2026-02-03 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Poepoe, Woodson, Souza; Ayes with reservations: Representative(s) Iwamoto, Shimizu; Noes: none; and Excused: none.
2026-01-30 H
Bill scheduled to be heard by WAL on Tuesday, 02-03-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2026-01-26 H
Referred to WAL, FIN, referral sheet 1
2026-01-21 H
Introduced and Pass First Reading.
2026-01-20 H
Prefiled.

Official Summary Text

RELATING TO STORMWATER MANAGEMENT SYSTEMS.
Stormwater Management Systems; Agricultural Infrastructure; Low-Risk Green Stormwater Infrastructure; Counties
Exempts agricultural infrastructure and low-risk green stormwater infrastructure from regulations covering retention ponds. Defines agricultural infrastructure and low-risk green stormwater infrastructure. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1652

HOUSE OF REPRESENTATIVES

H.B. NO.

1652

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to stormwater management systems
.

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

����
SECTION 1.
�
The
legislature finds that Act 281, Session Laws of Hawaii 2025, addressed public
safety related to stormwater detention and retention systems.
�
Act 281 established section 46-11.7, Hawaii
Revised Statutes, to protect the health, safety, and welfare of the citizens of
the State by requiring the counties to regulate the permitting, construction, and
maintenance of retention and detention ponds and to conduct a survey of
existing retention and detention ponds.

����
The legislature further finds, however,
that section 46‑11.7, Hawaii Revised Statutes, should not apply to
agricultural ponds that may receive stormwater incidental to their other
purposes, or low-risk green stormwater infrastructure, so that use of these
ecologically beneficial stormwater management features is not discouraged.
�
Accordingly, the purpose of this Act is to
define agricultural ponds and low-risk green stormwater infrastructure and to
exclude them from the applicability of section 46-11.7, Hawaii Revised
Statutes.

����
SECTION
2
.
�
Section 46-11.7, Hawaii Revised Statutes, is
amended to read as follows:

����
"[
[
]
�46-11.7[
]
]
�
Retention
ponds and detention ponds; safety requirements.
�
(a)
�
This section shall be known and may be cited
as
"Sharkey's Law".

����
(b)
�
Beginning January 1, 2027, each county shall
adopt ordinances for the regulation of all retention ponds and detention ponds
located within the county's jurisdiction.
�

The ordinances adopted pursuant to this subsection shall include but not
be limited to:

����
(1)
�
Establishing a permitting process for
the construction of new retention ponds or detention ponds; and

����
(2)
�
Establishing safety requirements, which
shall include but not be limited to:

���������
(A)
�
Fencing that is at least four feet high
that fully encloses the retention pond or detention pond and allows access
through one or more secured, locked gates;

���������
(B)
�
Safety signage indicating "No
Swimming" and warning of sudden water level changes;

���������
(C)
�
Installation of life buoys at entry
points for emergency rescue;

���������
(D)
�
Proper maintenance of ground cover
surrounding the retention pond or detention pond, including mowing, weed
control, and debris removal; and

���������
(E)
�
Submission of maintenance plans by
property owners or managers to ensure ongoing safety and compliance.

����
(c)
�
This section shall not apply to [
retention
]
:

����
(1)
�
Retention

ponds and detention ponds built on golf courses, hotels, resort properties, or
other secured recreational areas; provided that the entities who own, control,
or manage such properties shall provide the counties with proof of sufficient
security measures for [
its
]
their
retention ponds and detention
ponds[
.
]
;

����
(2)
�
Agricultural
ponds, even if they receive incidental stormwater runoff; provided that the
receipt and treatment of stormwater is not the primary purpose of the agricultural
pond; or

����
(3)
�
Low-risk
green stormwater infrastructure.

����
(d)
�
For the purposes of this section:

����
"Agricultural
pond" means a pond, basin, or reservoir designed, constructed, and
operated primarily for agricultural water storage, irrigation, livestock
watering, aquaculture, or fire protection, and located on land zoned for
agricultural use or used for a farming operation as defined in section 165-2.

����
"Detention pond" means an area
that is designed to:

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

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

����
"Low-risk
green stormwater infrastructure" means a system designed for infiltration,
evapotranspiration, filtration, or water quality treatment of stormwater,
including but not limited to rain gardens, bioretention cells or basins,
infiltration trenches or basins, vegetated biofilters, and enhanced or
vegetated swales, that:

����
(1)
�
Drains
standing water within forty-eight hours following cessation of rainfall; and

����
(2)
�
Has
a maximum ponding water depth above the plated or media surface that does not
exceed twelve inches during the applicable design storm; or

����
(3)
�
Has
a maximum ponding water depth above the plated or media surface that does not
exceed eighteen inches during the applicable design storm if the system's side
slopes do not exceed a ratio of four horizontal to one vertical.

����
"Retention
pond" 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 system."

����
SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 4.
�

This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Stormwater
Management Systems; Agricultural Ponds; Low-Risk Green Stormwater
Infrastructure

Description:

Exempts
agricultural ponds and low-risk green stormwater infrastructure from
regulations covering retention ponds.
�

Defines agricultural ponds and low-risk green stormwater infrastructure.

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