SB 1221: Counties; Retention Ponds; Detention Ponds; Regulation; Survey; Report
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-25
Current Status:
In Progress
(2025-07-03: Act 281, on 07/03/2025 (Gov. Msg. No. 1384).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Beginning 1/1/2027, 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 submit a report to the Legislature. (CD1)
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. Effective 7/1/3000. (HD3)
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)
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. (HD1)
Prohibits counties from permitting or allowing retention and detention ponds to be constructed except under certain conditions. Establishes safety requirements for retention and detention ponds statewide. Requires the Department of Land and Natural Resources to inspect retention and detention ponds statewide. Requires a report to the Legislature. Establishes positions. Appropriates moneys. Effective 5/13/2040. (SD2)
Prohibits counties from permitting or allowing retention and detention ponds to be constructed except under certain conditions. Establishes safety requirements for retention and detention ponds statewide. Requires the Department of Land and Natural Resources to inspect retention and detention ponds statewide. Requires a report to the Legislature. Establishes positions. Appropriates funds. Effective 5/13/2040. (SD1)
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.
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THE SENATE |
S.B. NO. |
1221 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 3 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 submit 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) 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 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 retention ponds and detention ponds.
(d) For the purposes of this section:
"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.
"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. 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 upon its approval.
Report Title:
Counties; Retention Ponds; Detention Ponds; Regulation; Survey; Report
Description:
Beginning 1/1/2027, 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 submit a report to the Legislature. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1221 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 3 |
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A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 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.
(b) This section shall not apply to 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 retention ponds and detention ponds.
(c) For the purposes of this section:
"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.
"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. 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, 3000.
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. Effective 7/1/3000. (HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1221 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 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;
(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;
(E) Minimal use of pesticides and fertilizers on ground cover surrounding the retention pond 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 ponds and detention ponds within the county and conducting periodic surveys to assess the conditions of the ponds.
(b) For the purposes of this section:
"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.
"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. 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, adopt ordinances, and for the regulation of retention ponds 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.
|
THE SENATE |
S.B. NO. |
1221 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1221 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the Hawaii 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;
(3) Creating a program for the monitoring and inspection of detention and retention ponds to increase safety and prevent drownings; and
(4) Requiring the department of land and natural resources to conduct a survey of existing retention and detention ponds statewide.
This Act also recognizes Charlotte "Sharkey" Schaefers, a five‑year-old girl who drowned at a Pearl City naval housing complex while trying to save the life of her friend.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 12 to be appropriately designated and to read as follows:
"CHAPTER
rainwater retention pond and detention pond safety
§ -1 Short title. This chapter may be cited as the "Charlotte 'Sharkey' Schaefers Inspection Law".
§ -2 Definitions. As used in this chapter:
"Department" means the department of land and natural resources.
"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.
"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 retention pond.
§ -3 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 any vegetation 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 removal of trash, debris, and litter;
(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 removal of trash, debris, litter, and sediment. 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 section:
(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 these properties shall provide the department with proof of security for its retention ponds or detention ponds.
§ -4 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 chapter 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 removal of trash, debris, and litter;
(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 removal of trash, debris, litter, and sediment. 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 section:
(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 these properties shall provide the department with proof of security for its retention ponds or detention ponds.
§ -5 Rules; fines. The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter. Violations of this chapter shall be subject to administrative fines as determined by the department in accordance with rules."
SECTION 3. 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; county; prohibited; maintenance. 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 under section 340E-C and files an affidavit with the department of land and natural resources agreeing to annual and other warranted rain-related inspections by the department of land and natural resources."
SECTION 4. The department of land and natural resources 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. 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 two full-time equivalent (2.0 FTE) positions within the department of land and natural resources for the purposes of this Act.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on May 13, 2040.
Report Title:
DLNR; Counties; Retention Ponds; Detention Ponds; Safety Requirements; Inspection; Report; Positions; Appropriations
Description:
Prohibits counties from permitting or allowing retention and detention ponds to be constructed except under certain conditions. Establishes safety requirements for retention and detention ponds statewide. Requires the Department of Land and Natural Resources to inspect retention and detention ponds statewide. Requires a report to the Legislature. Establishes positions. Appropriates moneys. Effective 5/13/2040. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1221 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STORMWATER MANAGEMENT SYSTEMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the Hawaii 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;
(3) Creating a program for the monitoring and inspection of detention and retention ponds to increase safety and prevent drownings; and
(4) Requiring the department of land and natural resources to conduct a survey of existing retention and detention ponds statewide.
This Act also recognizes Charlotte "Sharkey" Schaefers, a 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; county; prohibited; maintenance. 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 under section 340E-C and files an affidavit with the department of land and natural resources agreeing to annual and other warranted rain-related inspections by the department of land and natural resources."
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:
"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.
"Department" means the department of land and natural resources.
"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 any vegetation 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 removal of trash, debris, and litter;
(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 removal of trash, debris, litter, and sediment. 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 section:
(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 these properties shall provide the department with proof of security for its retention ponds or detention ponds.
§340E-D 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 removal of trash, debris, and litter;
(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 removal of trash, debris, litter, and sediment. 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 section:
(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 these properties shall provide the department with proof of security for its retention ponds or detention ponds.
§340E-E 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 land and natural resources 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. 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 two full-time equivalent (2.0 FTE) positions within the department of land and natural resources for the purposes of this Act.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 6. 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 7. New statutory material is underscored.
SECTION 8. This Act shall take effect on May 13, 2040.
Report Title:
DLNR; Counties; Retention Ponds; Detention Ponds; Safety Requirements; Inspection; Report; Positions; Appropriations
Description:
Prohibits counties from permitting or allowing retention and detention ponds to be constructed except under certain conditions. Establishes safety requirements for retention and detention ponds statewide. Requires the Department of Land and Natural Resources to inspect retention and detention ponds statewide. Requires a report to the Legislature. Establishes positions. Appropriates funds. Effective 5/13/2040. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1221 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to stormwater management systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
"§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.
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INTRODUCED BY: |
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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.
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Date
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Status
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| Jul 3, 2025 | Act 281, on 07/03/2025 (Gov. Msg. No. 1384). |
| Jul 3, 2025 | Act 281, 07/03/2025 (Gov. Msg. No. 1384). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: Senator(s) Ihara, McKelvey. Noes, 0 (none). Excused, 0 (none). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 126) as amended in (CD 1). |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 126). |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Hashem, Lamosao, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Tarnas. |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Wakai, Hashimoto, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 24, 2025 | Conference Committee Meeting will reconvene on Friday 04-25-25 9:35AM in conference room 229. |
| Apr 23, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-24-25 9:45AM in conference room 229. |
| Apr 22, 2025 | Received notice of Senate conferees (Sen. Com. No. 860). |
| Apr 22, 2025 | Senate Conferees Appointed: Wakai Chair; Hashimoto, Kanuha Co-Chairs; Fevella. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 754). |
| Apr 17, 2025 | House Conferees Appointed: Hashem, Tarnas, Lamosao Co-Chairs; Shimizu. |
| Apr 10, 2025 | Received notice of disagreement (Sen. Com. No. 779). |
| Apr 10, 2025 | Senate disagrees with House amendments. |
| Apr 10, 2025 | Received from House (Hse. Com. No. 674). |
| Apr 8, 2025 | Passed Third Reading as amended in HD 3 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate. |
| Apr 4, 2025 | Forty-eight (48) hours notice Tuesday, 04-08-25. |
| Apr 4, 2025 | Reported from FIN (Stand. Com. Rep. No. 2012) as amended in HD 3, recommending passage on Third Reading. |
| Apr 2, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 31, 2025 | Bill scheduled to be heard by FIN on Wednesday, 04-02-25 3:30PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 21, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5). |
| Mar 21, 2025 | Reported from JHA (Stand. Com. Rep. No. 1460) as amended in HD 2, recommending referral to FIN. |
| Mar 18, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Mar 14, 2025 | Bill scheduled to be heard by JHA on Tuesday, 03-18-25 2:15PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Holt, Iwamoto, Ward excused (4). |
| Mar 14, 2025 | Reported from WAL (Stand. Com. Rep. No. 1265) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 11, 2025 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Belatti, Ichiyama, Morikawa, Poepoe, Shimizu, Souza; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 1 Excused: Representative(s) Woodson. |
| Mar 7, 2025 | Bill scheduled to be heard by WAL on Tuesday, 03-11-25 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to WAL, JHA, FIN, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 277) in amended form (SD 2). |
| Mar 4, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from WAM (Stand. Com. Rep. No. 925) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 20, 2025 | The committee(s) on WAM will hold a public decision making on 02-26-25 10:03AM; Conference Room 211 & Videoconference. |
| Feb 11, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 11, 2025 | Reported from EIG/HHS (Stand. Com. Rep. No. 221) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Feb 6, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 4 Aye(s): Senator(s) Wakai, Chang, DeCoite, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Richards. |
| Feb 6, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, Hashimoto, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Aquino, Keohokalole. |
| Jan 31, 2025 | The committee(s) on EIG/HHS has scheduled a public hearing on 02-06-25 3:00PM; Conference Room 016 & Videoconference. |
| Jan 27, 2025 | Referred to EIG/HHS, WAM. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 8, 2025 | Third Reading | House Floor |
Passed |
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| Apr 2, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
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| Mar 18, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 11, 2025 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
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| Feb 6, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Energy and Intergovernmental Affairs |
Passed |
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| Feb 6, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Council for Native Hawaiian Advancement | ** Support | |
| Hawaii Water Safety Coalition | ** Support | |
| Hawaiian Lifeguard Association | ** Support | |
| Hawaiʻi Lodging & Tourism Association | ** Support | |
| Keiki Injury Prevention Coalition | ** Support | |
| Kokua Council | *** Support | Mar 11, 2025 |
| Waikiki Neighborhood Board | ** Support |
CONFERENCE COMMITTEE REP. NO. 126
Honolulu, Hawaii
, 2025
RE: S.B. No. 1221
S.D. 2
H.D. 3
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1221, S.D. 2, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to require each county to:
(1) Adopt ordinances regulating certain retention ponds and detention ponds; and
(2) Conduct a survey of existing retention and detention ponds and submit a report to the Legislature prior to the Regular Session of 2026.
Your Committee on Conference 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. Your Committee on Conference notes that the State has no existing laws governing the maintenance of detention and retention ponds. This measure seeks to prevent tragedies like the untimely death of Charlotte "Sharkey" Schaefer, a five-year-old girl who drowned in a detention pond while trying to save the life of her friend, by requiring the counties to adopt regulations on the construction and permitting of retention and detention ponds, including the establishment of minimum safety standards.
Your Committee on Conference has amended this measure by:
(3) Making it effective upon its approval; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1221, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1221, S.D. 2, H.D. 3, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ MARK J. HASHEM Co-Chair |
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____________________________ GLENN WAKAI Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ TROY N. HASHIMOTO Co-Chair |
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____________________________ RACHELE LAMOSAO Co-Chair |
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____________________________ DRU KANUHA Co-Chair |
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STAND. COM. REP. NO. 2012
Honolulu, Hawaii
, 2025
RE: S.B. No. 1221
S.D. 2
H.D. 3
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred S.B. No. 1221, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require the counties to adopt ordinances for the regulation of retention and detention ponds, conduct a survey of existing retention and detention ponds, and submit a report to the Legislature; and
(2) Appropriate funds as a grant-in-aid to the counties to conduct the survey and regulate retention and detention ponds.
Your Committee received testimony in support of this measure from the Waikiki Neighborhood Board; Hawaiian Lifeguard Association; Council for Native Hawaiian Advancement; Keiki Injury Prevention Coalition; Hawaiʻi Lodging & Tourism Association; Hawaii Water Safety Coalition; and numerous individuals.
Your Committee has amended this measure by:
(1) Removing the requirement that county ordinances include retention pond and detention pond safety requirements regarding:
(A) The use of pesticides and fertilizers on surrounding ground cover;
(B) The installation of landscape buffers;
(C) The incorporation of emergency spillways; and
(D) The inspection and registry requirements;
(2) Exempting retention ponds and detention ponds built on golf courses, hotels, resort properties, or other secured areas from these regulations if the property managers provide proof of sufficient security measures for their ponds;
(3) Removing the appropriation to the counties; and
(4) 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 Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1221, S.D. 2, H.D. 3.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
STAND. COM. REP. NO. 1460
Honolulu, Hawaii
, 2025
RE: S.B. No. 1221
S.D. 2
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 Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1221, S.D. 2, 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:
(1) Require the counties to adopt ordinances to regulate retention and detention ponds, including establishing a permitting process for the construction of new ponds and safety standards for ponds;
(2) Require the counties to conduct a survey of existing retention and detention ponds statewide and submit a report to the Legislature; and
(3) Appropriate funds as a grant-in-aid to the counties.
Your Committee received testimony in support of this measure from the Waikiki Neighborhood Board; Keiki Injury Prevention Coalition; Hawaii Water Safety Coalition; Council for Native Hawaiian Advancement; Hawaiʻi Lodging & Tourism Association; and numerous individuals. Your Committee received comments on this measure from one individual.
Your Committee finds that retention and detention ponds, while essential for managing stormwater runoff, can become dangerous due to sudden water level fluctuations and deep standing water. Without proper maintenance or safety regulations, these ponds pose a significant hazard, especially to young children who may unknowingly enter unsafe areas. This measure implements stricter oversight on the design and permitting of these ponds, including the adoption of safety standards, to reduce drowning risks and better protect Hawaii's children and communities.
Your Committee has amended this measure by:
(1) Clarifying that the grant-in-aid to the counties are additionally for the regulation of retention ponds and detention ponds located within their jurisdiction; and
(2) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 1221, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 1265
Honolulu, Hawaii
, 2025
RE: S.B. No. 1221
S.D. 2
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 S.B. No. 1221, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Prohibit counties from permitting or allowing retention and detention ponds to be constructed, except under certain conditions;
(2) Creating safety requirements for retention and detention ponds in the State and a program for monitoring and inspecting retention and detention ponds for compliance with the safety requirements; and
(3) Requiring the Department of Land and Natural Resources to conduct a survey of existing retention and detention ponds statewide.
Your Committee received testimony in support of this measure from the Waikiki Neighborhood Board; Keiki Injury Prevention Coalition; Hawaii Lodging & Tourism Association; and numerous individuals. Your Committee received comments on this measure from the Department of Land and Natural Resources; Hawaii Community Development Authority; and Hunt Development Group, LLC.
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 these ponds pose. Your Committee believes that regulating the construction and permitting of retention and detention ponds, including the establishment of minimum safety standards, will help save the lives of our keiki and is necessary to ensure the health and safety of all residents and visitors.
Your Committee notes that during decision making, your Committee inadvertently announced that it intended to replace the contents of this measure with the contents of H.B. No. 1232 (Regular Session of 2025), which is the companion to this measure but did not receive a hearing in the House. However, your Committee intended to replace the contents of this measure with the contents of H.B. No. 1233, H.D. 2 (Regular Session of 2025), a substantially similar measure that was previously passed by your Committee.
Accordingly, your Committee has amended this measure by:
(1) Deleting its contents and inserting the contents of H.B. No. 1233, H.D. 2, a measure that:
(A) Requires the counties to adopt ordinances to regulate retention and detention ponds, including establishing a permitting process for the construction of new ponds and safety standards for ponds;
(B) Requires the counties to conduct a survey of existing retention and detention ponds statewide and submit a report to the Legislature; and
(C) Appropriates funds as a grant-in-aid to the counties for these purposes;
(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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1221, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ MARK J. HASHEM, Chair |
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STAND. COM. REP. NO. 925
Honolulu, Hawaii
RE: S.B. No. 1221
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 1221, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"
begs leave to report as follows:
The purpose and intent of this measure is to ensure the safe management of stormwater systems.
Specifically, the measure:
(1) Establishes safety requirements for retention and detention ponds;
(2) Requires the Department of Land and Natural Resources to establish a retention pond and detention pond monitoring and inspection program;
(3) Prohibits counties from permitting or allowing the construction of retention and detention ponds, except under certain conditions;
(4) Requires the Department of Land and Natural Resources to conduct a survey of existing retention and detention ponds statewide; and
(5) Appropriates moneys to establish two full-time equivalent (2.0 FTE) positions within the Department of Land and Natural Resources for the purposes of the measure.
Your Committee received written comments in support of this measure from the Waikiki Neighborhood Board, Hawaiian Lifeguard Association, Hawaii Water Safety Coalition, and numerous individuals.
Your Committee received written comments on this measure from the Department of Land and Natural Resources.
Your Committee recognizes that unlike other jurisdictions across the United States, Hawaii lacks laws that govern the maintenance of detention and retention ponds, which can be hazardous when they are not sufficiently regulated. Your Committee believes that this measure proposes standards that will promote public safety and reduce threats to public health.
Your Committee has amended this measure by:
(1) Establishing certain new statutory provisions within Title 12, Hawaii Revised Statutes, which generally falls under the purview of the Department of the Land and Natural Resources, rather than within chapter 340E, Hawaii Revised Statutes, which falls under the purview of the Department of Health; and
(2) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1221, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 221
Honolulu, Hawaii
RE: S.B. No. 1221
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Energy and Intergovernmental Affairs and Health and Human Services, to which was referred S.B. No. 1221 entitled:
"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Prohibit counties from permitting or allowing retention and detention ponds to be constructed except under certain conditions;
(2) Require the Department of Health to monitor and inspect retention and detention ponds statewide to increase safety and prevent drownings; and
(3) Appropriate funds for the establishment of four full‑time equivalent (4.0 FTE) inspector positions to inspect retention ponds and detention ponds across the State.
Your Committees received testimony in support of this measure from twelve individuals.
Your Committees received comments on this measure from the Department of Health.
Your Committees find that detention and retention ponds, when properly maintained, help manage stormwater and control flooding by holding a permanent pool of water. Your Committees recognize that Hawaii has the highest drowning rate in the nation for visitors and the second highest drowning rate in the nation for residents. Your Committees also find that the State has no existing laws governing the maintenance of detention and retention ponds. Your Committees recognize that with the more frequent and intense rainfall caused by climate change, the construction and use of detention and retention ponds has increased as well. Therefore, your Committees believe that the State should join other jurisdictions across the United States in developing retention and detention pond safety programs, minimizing threats to public health and safety and preventing tragedies like the untimely death of Charlotte "Sharkey" Schaefer, a five-year old girl who drowned in a detention pond while trying to save the life of her childhood friend.
Your Committees note concerns from the Department of Health that the development of safety requirements and safety inspections are beyond its functions and capabilities. Your Committees further recognize that the Department of Land and Natural Resources has related expertise and experience in these matters as it inspects dams and reservoirs statewide. Your Committees note that Senate Bill No. 1222, Regular Session of 2025, is a substantially similar measure that also prohibits counties from permitting or allowing retention or detention ponds to be constructed except under certain conditions. Your Committees conclude that certain language in Senate Bill No. 1222 is preferable because it establishes safety requirements and requires a survey of all existing retention and detention ponds statewide.
Accordingly, your Committees have amended this measure by:
(1) Requiring a responsible person proposing the construction and maintenance of a retention or detention pond to file an affidavit with the Department of Land and Natural Resources;
(2) Requiring the Department of Land and Natural Resources, rather than the Department of Health, to establish a monitoring and inspection program to perform annual safety inspections of each retention and detention ponds statewide built after an unspecified date;
(3) Inserting language to require the Department of Land and Natural Resources to conduct a survey of all existing retention and detention ponds statewide and to submit a report to the Legislature;
(4) Amending language to establish and fund two full‑time equivalent (2.0 FTE) positions within the Department of Land and Natural Resources to conduct the inspections;
(5) Inserting an effective date of May 13, 2040, to encourage further discussion; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Energy and Intergovernmental Affairs and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1221, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1221, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Energy and Intergovernmental Affairs and Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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________________________________ GLENN WAKAI, Chair |
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Date
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Testimony PDF
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| Apr 2, 2025 | SB1221_HD2_TESTIMONY_FIN_04-02-25_.PDF |
| Mar 18, 2025 | SB1221_HD1_TESTIMONY_JHA_03-18-25_.PDF |
| Mar 11, 2025 | SB1221_SD2_TESTIMONY_WAL-PBS_03-11-25_.PDF |
| Feb 26, 2025 | SB1221_SD1_TESTIMONY_WAM_02-26-25_.PDF |
| Feb 6, 2025 | SB1221_TESTIMONY_HHS-EIG_02-06-25_.PDF |
Discussed in Hearing
3MIN
Conference Committee
1MIN
Conference Committee
6MIN
House Standing Committee on Finance
5MIN
House Standing Committee on Judiciary & Hawaiian Affairs
11MIN
House Standing Committee on Public Safety
11MIN
House Standing Committee on Water & Land
6MIN
Senate Standing Committee on Agriculture and Environment
6MIN
Senate Standing Committee on Health and Human Services
Bill Author
