SCR 125: REQUESTING the department of land and natural resources to incorporate INTO THEIR ASSESSMENT PROCESS the possession or active seeking of dam liability insurance by private dam owners.

THE SENATE	S.C.R. NO.	125
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING the department of land and natural resources to incorporate INTO THEIR ASSESSMENT PROCESS the possession or active seeking of dam liability insurance by private dam owners.

 

 

     WHEREAS, state dams, reservoirs, and spillways function as key agricultural components to the overall environmental health of the State, providing conventional and practical benefits that include water storage, the potential to integrate with water delivery systems, erosion control, reductions in sediment loading, wildfire management capabilities, and structures that can serve as a reserve supply of potable water sources; and

 

     WHEREAS, the benefits of state dams, reservoirs, and spillways are often offset by increases in compounding costs that are experienced by owners over time from more expensive materials, shipping, manufacturing, and labor, which are considered in excess of the existing operating expenses that owners must afford; and

 

     WHEREAS, access to capital to implement improvements is consistently out of reach for private dam owners and further complicated by the fluctuation in the price of goods and services due to economic shifts; and

 

     WHEREAS, while current dam and reservoir safety rules, regulations, guidelines, and laws move in the direction of fulfilling several public safety initiatives, the aggregation of these regulations are producing a significantly negative impact that is latently observed and experienced solely by the private owners and operators of existing dams who do not possess the reserve capital or funding capability to satisfy every requirement; and

 

     WHEREAS, Act 232, Session Laws of Hawaii 2024, established a special fund to receive funds for the Dam and Appurtenance Improvement or Removal Grant Program and to reappropriate the funds to financially assist owners of private dams to improve or remove dams and appurtenances; and

 

     WHEREAS, private dam owners, nevertheless, face significant barriers to maintaining dams or reservoirs in the interest of public safety, as they may not possess the specialized knowledge, financial capacity, or ability to locate assessment firms to conduct rigorous, unbiased risk assessments, leading to delayed projects or inaccurate reporting; and

 

     WHEREAS, the Department of Land and Natural Resources is uniquely positioned to assess the risks posed by dams, reservoirs, and spillways due to its access to technical resources, comprehensive oversight capabilities, subject matter expertise, and public safety mandates; and

 

     WHEREAS, shifting the burden of proof in risk assessments associated with dam ownership to the Department of Land and Natural Resources would establish a multi-level partnership between the State, the Department, and private dam owners to ensure an equitable and efficient process where the safety of the State's infrastructure and communities are prioritized by the most suitable entity; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to:

 

     (1)  Incorporate into their assessment process the possession or active seeking of dam liability insurance by private dam owners, as part of their valid mitigation measures, in conjunction with approved modifications or repairs;

 

     (2)  Relax any restrictions and stringent standards on a dam or appurtenance upon verification of insurance coverage;

 

     (3)  Consider a dam, reservoir, or appurtenance safe absent engineering reports from a licensed engineer and a certified hydraulic engineer that finds that the failure of the dam, reservoir, or appurtenance will result in probable loss of human life; and

 

     (4)  Not classify a dam as high hazard based only on its engineering risk assessment results; and

 

     BE IT FURTHER RESOLVED that the Board of Land and Natural Resources and Department of Land and Natural Resources are urged to, with regard to the Dam and Appurtenance Improvement or Removal Grant Program:

 

     (1)  Make publicly available the criteria developed by the Department based on which grants are awarded;

 

     (2)  Prescribe any other requirement or condition for applicants to the Program in a fair, equal manner, based on reasonable and justifiable grounds that are relevant to the purpose for which the grant is awarded and communicated to the applicant in a clear, transparent, and reasonable manner, with one copy in writing submitted to the applicant and another made publicly available; and

 

     (3)  Allow an applicant to seek clarification of other requirements or conditions prescribed and to appeal the Board's determination of the application pursuant to section 179D-7, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

DLNR; BLNR; Dam and Reservoir Safety; Inspections; Hazard Assessment; Hazard Mitigation; Dam Liability Insurance; High Hazard; Burden of Proof; Dam and Appurtenance Improvement or Removal Grant Program