Bill Text: HI SB3225 | 2022 | Regular Session | Introduced
Bill Title: Relating To Dam And Reservoir Safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-03-15 - The committee(s) on WAL recommend(s) that the measure be deferred. [SB3225 Detail]
Download: Hawaii-2022-SB3225-Introduced.html
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THE SENATE |
S.B. NO. |
3225 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to dam and reservoir safety.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that some plantation era reservoirs across the State, including locations on Maui county, are on lands sold by plantation landowners to developers. Following the sale, developers constructed subdivisions, often including dams and reservoirs within deeds to the homeowners or a homeowner's association.
However, the dams and reservoirs located on the subdivision are not properly maintained. During periods of extreme weather, the surrounding neighborhoods face significant risks from flooding. Despite potential hazards posed by the dams and reservoirs, the department of land and natural resources consider the dams and reservoirs to be privately owned and the responsibility of homeowners or homeowner's associations to maintain proper safety standards. Costly permits are required to conduct repairs or removal, which results in dams and reservoirs remaining in an unsafe state.
Therefore, the purpose of this Act is to include dams and reservoirs situated on lands prior to the construction of subdivisions in the board of land and natural resources' dam and reservoir safety program. Additionally, this Act appropriates funding for a two-year pilot project studying dam removal for counties with populations of less than two hundred thousand people.
SECTION 2. Section 179D-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The board shall administer the dam and reservoir safety program established by this chapter. In carrying out this chapter, the board shall cooperate, advise, consult, contract, and enter into cooperative agreements with the United States government or any of its agencies, other state agencies, and the county governments or any of their agencies. In the performance of its duties, the board shall:
(1) Establish by rules adopted under chapter 91, policies, requirements, or standards governing the design, construction, operation, maintenance, enlargement, alteration, repair, removal, and inspection of dams, reservoirs, and appurtenant works for the protection of life and property from structural failure of dams and reservoirs;
(2) Conduct investigations and collect data, including technological advances made in dam and reservoir safety practices elsewhere, as may be needed for the proper review and study of the various features of the design, construction, repair, removal, inspection, operation, maintenance, alteration, and enlargement of dams, reservoirs, and appurtenant works. The board may require submittal of reports of investigations from all owners;
(3) Conduct investigations and require reports from all owners to be made from time to time, including watershed investigations and studies, as may be necessary to keep abreast of developments affecting stream runoff and as required to facilitate its decisions;
(4) Be authorized to enter upon such private property of the dam or reservoir as may be necessary in making, at the owner's expense, any investigation or inspection required or authorized by this chapter. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the board or its agents;
(5) Require the owners to apply for, and obtain from the board written approval of plans and specifications on the construction of any new dam or reservoir or the enlargement of any dam or reservoir prior to commencement of any work;
(6) Require the owners
to file an application and secure the written approval of the board before
commencing the repair, alteration, or removal of a dam or reservoir, including
the alteration or removal of a dam or reservoir so that it no longer
constitutes a dam or reservoir as defined in this chapter[.]; provided
that for a homeowner association or owner of a single-family home on whose property
a dam or reservoir was situated at the time the association was established or at
the time of conveyance to the homeowner, respectively upon request to the board
by the homeowner association or the homeowner, the board shall prepare all studies
required to determine the health and safety issues arising from rain and possible
flooding of the surrounding area and safe removal or retirement of the dam or reservoir. Repairs shall not be deemed to apply to
routine maintenance not affecting the safety of the structure;
(7) Require owners to secure the written approval of the board to impound water;
(8) Require fees to cover a portion of the board's costs in carrying out the administration of dam and reservoir safety;
(9) Cooperate with all public and private agencies created for the purpose of enhancing dam and reservoir safety activities and training, assist these organizations and agencies in coordinating the use of their facilities, and participate in the exchange of ideas, knowledge, and data with these organizations and agencies;
(10) Consider dams and reservoirs as important water resources for the State that provide significant benefits to the general public, including irrigation for agriculture and other important uses, and acknowledge the need for dams and reservoirs to be consistently maintained and operated in a safe and feasible manner that sustains their roles as important water resources; provided that public safety concerns are addressed;
(11) Prepare, publish, and issue printed pamphlets, bulletins, or advisories, or conduct training as the board deems necessary for the dissemination of information to the public;
(12) Appoint and remove agents and employees, including hearing officers, specialists, and consultants, as necessary to carry out the purposes of this chapter, who may be engaged by the board without regard to the requirements of chapter 76;
(13) Catalog and maintain an inventory of all regulated dams and reservoirs in the State pursuant to this chapter without regard to chapter 91;
(14) Establish similar or consistent hazard potential classifications in conjunction with other applicable state or federal guidelines for all regulated dams and reservoirs in the State pursuant to this chapter without regard to chapter 91;
(15) Examine and approve or disapprove applications for approval of the construction, enlargement, repair, alteration, or removal of a dam or reservoir and applications for certificates of approval to impound;
(16) Order the suspension, revocation, or both, of any application approval or certificate of approval to impound for any act or failure to comply with this chapter or with any rules or orders adopted pursuant to this chapter, or with any of the conditions contained in or attached to the application approval or certificate of approval to impound;
(17) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life or public or private property, or for carrying out this chapter or rules issued under this chapter;
(18) Order the immediate cessation of any act that is started or continued without an application approval or certificate of approval to impound as required by this chapter;
(19) Enter private property and immediately take actions necessary to provide protection to life or property at the owner's expense, including removal of the dam or reservoir. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or gross negligence by the board or its agents;
(20) Recover from the owner, in the name of the State, the expenses incurred in taking any action required by the owner of the dam or reservoir in the same manner that debts are recoverable by law;
(21) Assess civil penalties for violation of this chapter or any rule or standard adopted or order issued by the board pursuant to this chapter;
(22) Place liens, as needed, on the owner's property, to be collected as delinquent taxes against the lands and property, if the owner neglects to pay any costs, expenses, or penalties chargeable to the owner under this chapter or any rule, order, or condition adopted, issued, or required under this chapter;
(23) With the assistance of the attorney general, institute and prosecute all court actions that may be necessary to obtain the enforcement of any order issued by the board in carrying out this chapter; and
(24) Take any and all other actions as may be necessary to carry out this chapter."
SECTION 3. The department of land and natural resources shall
conduct a two-year pilot program to study dam removal in any county with a population
of less than two hundred thousand persons and shall submit a report of its
findings and recommendations, including any proposed legislation, to the
legislature no later than twenty days prior to the convening of the regular
session of 2024.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $375,000 or so much thereof as may be necessary for fiscal year 2022-2023 for a two-year pilot program to study dam removal in counties with a population below two hundred thousand people.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Dam and Reservoir Removal; Studies; Board of Land and Natural Resources; Appropriation; Report
Description:
Requires the Board of Land and Natural Resources to
prepare all studies to determine the health and safety issues of flooding to surrounding
areas and safe removal or retirement of a dam or reservoir upon the request of
a homeowner association or homeowner of property where a dam or reservoir is
situated. Appropriates funds for a two-year
pilot program to study dam removal in counties with a population of less than two
hundred thousand people. Requires a report
to the legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
