HB 1233: RELATING TO STORMWATER MANAGEMENT SYSTEMS.

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:

     (1)  Ensure the health, safety, and welfare of the citizens of the State by requiring the counties to:

          (A)  Regulate the permitting, construction, and maintenance of retention and detention ponds, including establishing safety standards for retention and detention ponds; and

          (B)  Conduct a survey of existing retention and detention ponds statewide and provide a report to the legislature; and

     (2)  Appropriate funds as a grant-in-aid to the counties for these purposes.

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; safety requirements.  (a)  Beginning           ,     , each county shall adopt ordinances for the regulation of all retention 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 or detention ponds;

     (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 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 or detention pond, including mowing, weed control, and debris removal;

          (E)  Minimal use of pesticides and fertilizers on ground cover surrounding the retention or detention pond to prevent contamination of downstream waters;

          (F)  Installation of landscaped buffers to discourage entry by unauthorized individuals;

          (G)  Incorporation of emergency spillways to handle overflow situations; and

          (H)  Submission of maintenance plans by property owners or managers to ensure ongoing safety and compliance;

     (3)  Conducting inspections to ensure compliance with safety and maintenance regulations; and

     (4)  Maintaining a registry of all retention and detention ponds within the county and conducting periodic surveys to assess their condition.

     (b)  For the purposes of this section:

     "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 system."

     SECTION 3.  Each county shall conduct a survey of all existing retention and detention ponds located within its jurisdiction and 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 2026.

     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 for a grant-in-aid to the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, to conduct a survey of all existing retention and detention ponds located within its jurisdiction and adopt ordinances for the regulation of retention and detention ponds located within its jurisdiction.

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

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Retention Ponds; Detention Ponds; Regulation; Counties; Grant-in-Aid; Appropriation

Description:

Requires the counties to adopt ordinances for the regulation of retention and detention ponds.  Requires the counties to conduct a survey of existing retention and detention ponds and make a report to the Legislature.  Appropriates funds as a grant-in-aid to the counties.  Effective 7/1/3000.  (HD2)

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

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 requiring the counties to:

     (1)  Regulate the permitting, construction, and maintenance of retention and detention ponds, including establishing safety standards for retention and detention ponds; and

     (2)  Conduct a survey of existing retention and detention ponds statewide and provide a report to the legislature.

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; safety requirements.  (a)  Beginning           ,     , each county shall adopt ordinances for the regulation of all retention 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 or detention ponds;

     (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 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 or detention pond, including mowing, weed control, and debris removal;

          (E)  Minimal use of pesticides and fertilizers on ground cover surrounding the retention or detention pond to prevent contamination of downstream waters;

          (F)  Installation of landscaped buffers to discourage entry by unauthorized individuals;

          (G)  Incorporation of emergency spillways to handle overflow situations; and

          (H)  Submission of maintenance plans by property owners or managers to ensure ongoing safety and compliance;

     (3)  Conducting inspections to ensure compliance with safety and maintenance regulations; and

     (4)  Maintaining a registry of all retention and detention ponds within the county and conducting periodic surveys to assess their condition.

     (b)  For the purposes of this section:

     "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 system."

     SECTION 3.  Each county shall conduct a survey of all existing retention and detention ponds located within its jurisdiction and 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 2026.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

Retention Ponds; Detention Ponds; Regulation; Counties

Description:

Requires the counties to adopt ordinances for the regulation of retention and detention ponds.  Requires the counties to conduct a survey of existing retention and detention ponds and make a report to the Legislature.  (HD1)

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

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;

     (2)  Creating safety requirements for Hawaii's rainwater retention and detention ponds; and

     (3)  Require the department of health to conduct a survey of existing retention and detention ponds statewide.

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; safety 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 follows the safety requirements pursuant to part     of chapter 340E, has a maintenance plan on file, and files an affidavit with the department of health agreeing to annual and other warranted rain-related 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 safety

     §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; safety requirements.  (a)  Each retention pond and detention pond shall comply with the following safety requirements:

     (1)  Fencing that is at least four feet high and that encloses the pond and allows access by one or more locked gates;

     (2)  Safety signage that is placed at the entry to the secured and locked gate, including signage that indicates "No Swimming" and that water levels may rise suddenly in the event of rain;

     (3)  Life buoys installed at the entry to the secured and locked gate to allow for ease of rescue if someone is struggling in the pond;

     (4)  Regular mowing and weed control to maintain adequate ground cover to ensure that it does not interfere with proper infiltration and runoff and effective filtering of pollutants;

     (5)  The minimal use of pesticides and fertilizers to minimize entry into the pond and subsequent downstream waters;

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

     (7)  Installation of a landscaped buffer to discourage people and pets from entering the pond;

     (8)  Appropriate accumulated sediment levels;

     (9)  Unless building codes or stormwater regulations require otherwise, a side slope ratio of five-to-one or flatter;

    (10)  A buffer of at least one hundred feet surrounding the pond to separate the pond from schools, child care facilities, homes, parks, athletic fields, or housing projects; provided that a buffer of no less than twenty-five feet shall apply for trails and sidewalks;

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

    (12)  Inclusion of emergency spillways to allow for safe overflow in cases where the storage capacity of water is exceeded;

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

    (14)  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

    (15)  Other requirements as determined by the department.

     (b)  The following shall be exempt from the safety 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 shall be exempt from the safety requirements pursuant to this part; 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.  The department of health shall conduct a survey of all existing retention and detention ponds statewide and 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 2026.

     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.

Report Title:

Retention Ponds; Detention Ponds; Safety Requirements; Department of Health; Counties

Description:

Prohibits counties from permitting or allowing retention or detention ponds to be constructed except under certain conditions.  Establishes safety requirements for retention and detention ponds statewide.  Requires the department of health to conduct a survey of existing retention and detention ponds statewide.

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

STAND. COM. REP. NO.  575

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1233

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 1233, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"

begs leave to report as follows:

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

     (1)  Regulate the permitting, construction, and maintenance of retention and detention ponds, including establishing safety standards for retention and detention ponds; and

     (2)  Conduct a survey of existing retention and detention ponds statewide and provide a report to the Legislature.  

     Your Committee received testimony in support of this measure from the Keiki Injury Prevention Coalition; Hawaiian Lifeguard Association; and eight individuals.  Your Committee received testimony in opposition to this measure from the Department of Facility Maintenance of the City and County of Honolulu and one individual.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that drowning is the number one cause of death for children between the ages of one and fifteen in the State.  Your Committee further finds that retention and detention ponds, while essential for stormwater management, pose serious risks to public health and safety due to their potential for sudden water level changes and deep standing water.  Improperly maintained and unregulated retention and detention ponds are particularly dangerous for young children, who are unaware of the risks they pose.  Your Committee believes that regulating the construction and permitting of retention and detention ponds, including the establishment of minimum safety standards, is necessary to ensure the health and safety of residents and visitors.

     Your Committee notes the testimony from the Department of the Attorney General, which states that this measure requires the counties to administer a new regulatory program for retention and detention ponds, but does not contain an appropriation to the counties for this purpose.  Such cost sharing is a requirement under Article VIII, section 5 of the Hawaii State Constitution.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting an appropriation as a grant-in-aid to the counties for an unspecified amount;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1233, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1233, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Health,

STAND. COM. REP. NO.  197

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1233

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1233 entitled:

"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"

begs leave to report as follows:

     The purpose of this measure 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;

     (2)  Creating safety requirements for Hawaii's rainwater retention and detention ponds; and

     (3)  Require the Department of Health to conduct a survey of existing retention and detention ponds statewide.

     Your Committee received testimony in support of this measure from the Keiki Injury Prevention Coalition; Hawaii Water Safety Coalition; Hawaiian Lifeguard Association; Hawai‘i Lodging & Tourism Association; and numerous individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that retention and detention ponds, while essential for stormwater management and flood control, pose significant safety risks, especially to children, due to their potential for sudden water level changes and deep standing water.  The State's high drowning rate, particularly among residents and visitors, underscores the need for stronger safety measures around these water retention systems.  Your Committee recognizes the concerns raised in testimony by the Department of Health that conducting safety inspections, surveying existing storm water retention and detention ponds, and developing safety requirements fall outside the function and capability of the Department and that the counties would be better positioned to carry out these tasks.

     Accordingly, your Committee has amended this measure by:

     (1)  Requiring the counties, rather than the Department of Health, to establish safety standards and conduct periodic inspections of retention and detention ponds;

     (2)  Requiring the counties, rather than the Department of Health, to conduct a survey of existing retention and detention ponds statewide and provide a report to the Legislature; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1233, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1233, H.D. 1, and be referred to your Committee on Health.

Respectfully submitted on behalf of the members of the Committee on Water & Land,