HB 1652: Stormwater Management Systems; Agricultural Infrastructure; Low-Risk Green Stormwater Infrastructure; Counties

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 (Act 281), 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 infrastructure 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 infrastructure 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 infrastructure, even if it receives incidental stormwater runoff; provided that the receipt and treatment of stormwater is not the primary purpose of the agricultural infrastructure; or

     (3)  Low-risk green stormwater infrastructure.

     (d)  For the purposes of this section:

     "Agricultural infrastructure" 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 planted or media surface that does not exceed:

          (A)  Twelve inches during the applicable design storm if the system's side slopes exceed a ratio of four horizontal to one vertical; or

          (B)  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, 3000.

Report Title:

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

Description:

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)

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 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.

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.

STAND. COM. REP. NO.  238-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1652

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1652 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to exempt agricultural ponds and low-risk green stormwater infrastructure from regulations covering retention ponds and detention ponds.

     Your Committee received testimony in support of this measure from the American Council of Engineering Companies of Hawaii; Hawaiʻi Farm Bureau; Hawaiʻi Food+ Policy; Hawaiʻi Reef and Ocean Coalition; and five individuals.  Your Committee received testimony in opposition to this measure from the Alex & Duke De Rego Foundation; Drowning Research and Injury Prevention Policy Institute; and numerous individuals.  Your Committee received comments on this measure from the Hawaiian Lifeguard Association and Everybody Swim LLC.  

     Your Committee finds that after the enactment of Act 281, Session Laws of Hawaii 2025, there has been concern that agricultural ponds, whose primary purpose is irrigation, livestock watering, aquaculture, or fire protection, could be unintentionally swept into a regulatory framework designed for stormwater detention facilities.  Your Committee further finds that the use of agricultural ponds and low-risk green stormwater infrastructure, which are ecologically beneficial stormwater management features, should not be discouraged.  Your Committee also finds that this measure provides an important and reasonable clarification of the existing law.

     Your Committee has amended this measure by:

     (1)  Replacing the term "agricultural pond" with the term "agricultural infrastructure";

     (2)  Changing its 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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1652, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1652, H.D. 1, and be referred to your Committee on Finance.

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