Bill Text: HI HB1232 | 2025 | Regular Session | Introduced

---

Bill Title: Relating To Stormwater Management Systems.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2025-01-27 - Referred to WAL, JHA, FIN, referral sheet 4 [HB1232 Detail]

Download: Hawaii-2025-HB1232-Introduced.html

---

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:

 

     SECTION 1.  The legislature finds that detention and retention ponds are meant to hold stormwater.  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.  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.  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.

     The legislature further finds that the Hawaiʻi 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.

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

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

     (2)  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.

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

     "§46-     Retention ponds and detention ponds; construction; maintenance; requirements.  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."

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

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

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

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

     "Detention pond" or "dry-retention system" 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.

     "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.

     §340E-C  Retention pond and detention pond; maintenance; inspection.  (a)  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.

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

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

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

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

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

     (4)  Appropriate accumulated sediment levels;

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

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

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

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

     (9)  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.  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

    (10)  Other requirements as determined by the department.

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

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

     (2)  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.

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

     SECTION 4.  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.

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

     SECTION 5.  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.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  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.  Requires the Department of Health to inspect retention and detention ponds statewide.  Establishes certain safety requirements.  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.