HB652 HD2

SECTION 1. On March 14, 2006, just before dawn, Ka Loko dam on the island of Kaua‘i breached. Almost four hundred million gallons of water crashed down from the Ka Loko reservoir into Kilauea bay, taking trees, cars, buildings, and human lives with it. Tragically, seven people lost their lives that morning in the flood. The legislature finds that this was a great human tragedy and an ecological disaster that must never be repeated.

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

(1) Establishing a dam safety special fund for monitoring and enforcing the safety of dams and reservoirs throughout the state; and

(2) Making an appropriation for the dam safety special fund.

SECTION 2. Chapter 179D, Hawaii Revised Statutes, is amended by adding a new section to read as follows:

"§179D- Dam safety special fund. (a) There is established, in the department, the dam safety special fund, which shall be administered by the board. The following shall be deposited into the dam safety special fund:

(1) Appropriations by the legislature;

(2) Fees and administrative charges collected under this chapter or any rule adopted thereunder;

(3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;

(4) Moneys derived from public or private sources to benefit dam safety;

(5) Moneys collected in full or partial satisfaction of liens created by subsection (b);

(6) Any moneys collected from the sale of retail items by the department relating to dam safety;

(7) Any other moneys collected pursuant to this chapter or any rules adopted thereunder; and

(8) Moneys derived from interest, dividends, or other income from other sources.

(b) The board may expend moneys from the dam safety special fund for the following purposes or subject to the following provisions:

(1) Conducting investigations, research, and collection of data, including technological advances made in dam safety practices elsewhere;

(2) Conducting monitoring and inspection programs and activities, or enforcement;

(3) Preparation and dissemination of information to the public concerning activities authorized under this chapter;

(4) Staff and dam owner training and educational activities;

(5) Employing any necessary remedial measures to protect persons and property in accordance with this chapter;

(6) Any other purposes to administer the dam safety program under this chapter or any rule adopted thereunder, including funding permanent or temporary positions who may be appointed without regard to chapter 76;

(7) Providing coordination assistance to the proper state or county agency(s) to control any dam, reservoir, and appurtenances during an emergency until they have been rendered safe or the emergency has been terminated;

(8) The costs and expenses of the coordination, assistance, control, regulation, abatement, and inspection provided by this chapter, including costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall be considered prior and superior to all other mortgages, liens, or encumbrances of record even if those other mortgages, liens, or encumbrances were filed before the lien pursuant to this paragraph becomes due; and

(9) Liens pursuant to paragraph (8) may be perfected and foreclosed in advance of construction, enlargement, repair, alteration, or removal or after completion of the construction, enlargement, repair, alteration, or removal. If perfected in advance, the lien shall be perfected by the filing of an affidavit of the board setting forth the estimate of the costs of construction, enlargement, repair, alteration, or removal within the county in which the dam is located in the same manner as prescribed for mechanic's liens. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in that amount against all property of the owner. If the actual cost of construction, enlargement, repair, alteration, or removal exceeds the estimated cost, the board may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction, enlargement, repair, alteration, or removal at completion, the board shall file an amended affidavit at completion. If a lien is perfected in advance and the construction, enlargement, repair, alteration, or removal is not commenced within two years from the date of perfection, the lien shall be void. The board shall file a satisfaction of lien upon payment of the costs of construction, enlargement, repair, alteration or removal by the owner."

SECTION 3. 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 safety special fund.

SECTION 4. There is appropriated out of the dam safety special 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 to carry out the purposes of the dam safety special fund.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	652
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII