HB1810

SECTION 1. Chapter 179D, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§179D-A Dam and reservoir repair revolving fund. (a) There is established a dam and reservoir repair revolving fund into which shall be deposited:

(1) Appropriations by the legislature;

(2) Interest and fees collected by the department under this chapter; and

(3) Payments made on loans from the fund.

(b) Moneys in the fund shall be used by the board for the following purposes::

(1) Implementing emergency measures pursuant to section 179D-B; or

(2) Making dam repair loans to owners of dams or reservoirs with plans and specifications for the alteration, repair, or removal of dams and reservoirs that have been approved by the board.

§179D-B Emergency measures. (a) When the board determines, through investigation or inspection of a dam or reservoir, that there is an imminent danger to public safety and that repairs, breaching of the dam, or other actions are immediately necessary to alleviate the danger, the board shall direct the owner to immediately initiate the emergency measures necessary or the board may initiate the emergency measures to ensure public safety.

(b) Emergency measures shall be made at the owner's expense. When emergency measures are initiated by the board, the board may use moneys from the fund, for which the owner shall reimburse the fund in lump sum or through installment payments as agreed to by the board.

§179D-C Dam and reservoir repair loans. (a) The board may make loans from the dam and reservoir repair revolving fund to owners of dams or reservoirs with an application and plans and specifications and for the alteration, repair, or removal of dams and reservoirs as approved by the board. Loans granted by the board shall be for a term of not more than twenty years.

(b) Loans under this section shall bear interest at the following rates:

(1) For loans with a term of not more than five years, the interest rate shall be two per cent per year;

(2) For loans with a term of more than five years but less than ten years, the interest rate shall be four per cent per year; and

(3) For loans with a term of more than ten years, the interest rate shall be six per cent per year.

(c) An owner securing the written approval of the board for the alteration, repair, or removal of a dam or reservoir may submit an application to the board for a loan from the dam and reservoir repair revolving fund. The board shall make loans from the dam and reservoir repair revolving fund based upon the availability of funds."

SECTION 2. Section 179D-3, Hawaii Revised Statutes, is amending by adding a new definition to be appropriately inserted and to read as follows:

""Fund" means the dam and reservoir repair revolving fund."

SECTION 3. Section 179D-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§179D-6[]] General powers and duties of the board of land and natural resources. The board of land and natural resources shall administer the dam safety program established by this chapter. In carrying out this chapter, the board shall cooperate with the United States government or any of its agencies, other state agencies, and the county governments or any of their agencies. In the performance of its duties the board shall:

(1) Establish by rules, adopted under chapter 91, such policies, requirements, or standards governing the design, construction, operation, maintenance, enlargement, alteration, repair, removal, and inspection of dams, reservoirs, and appurtenant works for the protection of life and property from structural failure of dams and reservoirs;

(2) Conduct investigations and the collection of data, including technological advances made in safety practices elsewhere, as may be needed for the proper review and study of the various features of the design, construction, repair, removal, and enlargement of dams, reservoirs, and appurtenant works. The board may require submittal of reports of investigations from all owners;

(3) Conduct investigations and require reports from all owners to be made from time to time, such as watershed investigations and studies, as may be necessary to keep abreast of developments affecting stream runoff and as required to facilitate its decisions;

(4) Be authorized to enter upon such private property of the dam or reservoir as may be necessary in making any investigation or inspection required or authorized by this chapter. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the board or its agents;

(5) Require the owners to apply for, and obtain from the board, written approval of plans and specifications [~~on the construction~~] for the:

(A) Construction of any new dam or reservoir or the enlargement of any dam or reservoir prior to commencement of any work;

(B) Alteration, repair, or removed of dams and reservoirs;

(6) Require the owners to file an application and secure the written approval, of the board before commencing the repair, alteration or removal of a dam or reservoir, including the alteration, or removal of a dam so that it no longer constitutes a dam or reservoir as defined in this chapter. Repairs shall not be deemed to apply to routine maintenance not affecting the safety of the structure;

(7) Require filing fees by rules to accompany each application as required under the provisions of this chapter[.];

(8) Make loans from the dam and reservoir repair revolving fund for the alteration, repair, or removal of dams and reservoirs as necessary; and

(9) Make expenditures for emergency measures initiated by the board from the dam and reservoir repair revolving fund pursuant to section 179D-B."

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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to be deposited into the dam and reservoir repair revolving fund, established pursuant to section 179D-A.

SECTION 5. There is appropriated out of the dam and reservoir repair revolving fund the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the purposes of the dam and reservoir repair revolving fund pursuant to chapter 179D.

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 1 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1810
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII