REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO INCORPORATE INTO THEIR ASSESSMENT PROCESS THE POSSESSION OR ACTIVE SEEKING OF DAM LIABILITY INSURANCE BY PRIVATE DAM OWNERS.

SCR125

THE SENATE

S.C.R. NO.

125

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING the department of land and natural resources
to incorporate INTO THEIR ASSESSMENT PROCESS the possession or active seeking
of dam liability insurance by private dam owners
.

����
WHEREAS,
state dams, reservoirs, and spillways function as key agricultural components
to the overall environmental health of the State, providing conventional and
practical benefits that include water storage, the potential to integrate with
water delivery systems, erosion control, reductions in sediment loading,
wildfire management capabilities, and structures that can serve as a reserve
supply of potable water sources; and

����
WHEREAS, the
benefits of state dams, reservoirs, and spillways are often offset by increases
in compounding costs that are experienced by owners over time from more
expensive materials, shipping, manufacturing, and labor, which are considered
in excess of the existing operating expenses that owners must afford; and

����
WHEREAS,
access to capital to implement improvements is consistently out of reach for
private dam owners and further complicated by the fluctuation in the price of
goods and services due to economic shifts; and

����
WHEREAS, while
current dam and reservoir safety rules, regulations, guidelines, and laws move
in the direction of fulfilling several public safety initiatives, the
aggregation of these regulations are producing a significantly negative impact
that is latently observed and experienced solely by the private owners and
operators of existing dams who do not possess the reserve capital or funding
capability to satisfy every requirement; and

����
WHEREAS, Act
232, Session Laws of Hawaii 2024, established a special fund to receive funds
for the Dam and Appurtenance Improvement or Removal Grant Program and to
reappropriate the funds to financially assist owners of private dams to improve
or remove dams and appurtenances; and

����
WHEREAS, private
dam owners, nevertheless, face significant barriers to maintaining dams or
reservoirs in the interest of public safety, as they may not possess the
specialized knowledge, financial capacity, or ability to locate assessment
firms to conduct rigorous, unbiased risk assessments, leading to delayed
projects or inaccurate reporting; and

����
WHEREAS, the
Department of Land and Natural Resources is uniquely positioned to assess the
risks posed by dams, reservoirs, and spillways due to its access to technical
resources, comprehensive oversight capabilities, subject matter expertise, and
public safety mandates; and

����
WHEREAS, shifting
the burden of proof in risk assessments associated with dam ownership to the
Department of Land and Natural Resources would establish a multi-level
partnership between the State, the Department, and private dam owners to ensure
an equitable and efficient process where the safety of the State's
infrastructure and communities are prioritized by the most suitable entity;
now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the
Department of Land and Natural Resources is requested to:

����
(1)
�
Incorporate into their assessment process the
possession or active seeking of dam liability insurance by private dam owners,
as part of their valid mitigation measures, in conjunction with approved
modifications or repairs;

����
(2)
�
Relax any restrictions and stringent standards
on a dam or appurtenance upon verification of insurance coverage;

����
(3)
�
Consider a dam, reservoir, or appurtenance
safe absent engineering reports from a licensed engineer and a certified
hydraulic engineer that finds that the failure of the dam, reservoir, or
appurtenance will result in probable loss of human life; and

����
(4)
�
Not classify a dam as high hazard based only
on its engineering risk assessment results; and

����
BE IT FURTHER
RESOLVED that the Board of Land and Natural Resources and Department of Land
and Natural Resources are urged to, with regard to the Dam and Appurtenance
Improvement or Removal Grant Program:

����
(1)
�
Make publicly available the criteria developed
by the Department based on which grants are awarded;

����
(2)
�
Prescribe any other requirement or condition
for applicants to the Program in a fair, equal manner, based on reasonable and
justifiable grounds that are relevant to the purpose for which the grant is
awarded and communicated to the applicant in a clear, transparent, and
reasonable manner, with one copy in writing submitted to the applicant and
another made publicly available; and

����
(3)
�
Allow an applicant to seek clarification of
other requirements or conditions prescribed and to appeal the Board's determination
of the application pursuant to section 179D-7, Hawaii Revised Statutes; and

����
BE IT FURTHER
RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the
Chairperson of the Board of Land and Natural Resources.

OFFERED BY:

_____________________________

Report Title:
�

DLNR;
BLNR; Dam and Reservoir Safety; Inspections; Hazard Assessment; Hazard
Mitigation; Dam Liability Insurance; High Hazard; Burden of Proof; Dam and
Appurtenance Improvement or Removal Grant Program