SB3207

SECTION 1. House concurrent resolution no. 261, H.D. 1 (2006) requested the department of health, with the assistance of the department of land and natural resources and the department of facilities maintenance of the city and county of Honolulu, to report to the legislature on the relationship between the various Kailua waterways, including the Kaelepulu pond, and the water quality and natural resources of Kailua beach and Kailua bay. This system consists of interconnected brackish estuarine waters, including Kawainui stream, Hamakua marsh, Kaelepulu canal, Kaelepulu pond, and Kaelepulu wetlands.

In the 1960s, the United States Army Corps of Engineers directed the natural flow to the Kawainui stream to be blocked by the construction of the flood control levee in order to reduce the threat of flooding to Kailua town. The city and county of Honolulu manages the Kawainui stream and Kaelepulu canal for drainage and flood control. The Hamakua wetlands is managed for endangered Hawaiian waterfowl habitat by the department of land and natural resources. The Kaelepulu pond and Kaelepulu wetland are private property, by virtue of their historical standing as a Hawaiian fish pond and a habitat for at least three endangered native Hawaiian waterfowl. While it is private land, both the State and the city and county of Honolulu dump runoff into Kaelepulu pond, as well as other waterways, including Kailua beach, Kailua bay, Hamakua marsh, and Kawainui marsh.

The Kailua waterways are listed on the State's clean water Act 303(d) list of impaired waters as not meeting water quality standards for nutrients, turbidity, and bacteria load. As a result, the Kailua waterways are presently being studied by the department of health. Since the time of the removal of the natural water flow from Kawainui marsh, the large majority of the water entering the Kailua waterways does so through storm drains under main separate storm sewer system four. Water flows from the Kailua waterways across the sand berm at Kailua beach and adversely impacts the quality of the near shore waters. The near shore waters are predominantly used for resident and tourist recreation.

The department of health's 2008 report to the legislature lists eleven reasonable approaches that may improve the water quality and natural resources of the estuary system and its residual impact on the beaches and waters in Kailua bay.

The purpose of this Act is to appropriate funds to address water quality and other issues facing Kailua waterways as follows:

(1) For the department of land and natural resources to implement three of the eleven aforementioned approaches; and

(2) For the department of transportation to plan, design, and construct measures to address water quality, siltation, and other waterway problems described in this Act.

SECTION 2. The department of land and natural resources shall:

(1) Conduct an engineering study and an environmental assessment for the preliminary design and specification of measures to restore adequate water flow from Kawainui marsh to Kawainui stream using siphons, tunnels, pumps, or other appropriate measures;

(2) Conduct a study to maximize the efficiency of the monthly stream mouth opening procedures as well as, improved procedures to respond to threats of flooding due to a blocked canal mouth. This study shall track the effluent plume from the stream mouth and elucidate the fate of state standard water quality parameters, such as turbidity, nutrients, and bacteria, within Kailua bay recreational waters; and

(3) Design and implement measures to reduce the amount of polluted runoff delivered to Kaelepulu pond by redesigning and restoring the function of the Keopu flood basin, which receives waters from main separate storm sewer system four, and report to the legislature on those measures.

All studies and report directed by this section shall be transmitted to the legislature not later than twenty prior to the convening of the regular session of 2009.

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 2008-2009 for the department of land and natural resources for the purposes described in section 2 of this Act.

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

SECTION 4. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the department of transportation to plan, design, and construct measures to address water quality, siltation, and other waterway problems mentioned in this Act; provided that the department of transportation shall:

(1) Work in consultation with the department of health, the department of land and natural resources, and the city and county of Honolulu; and

(2) Request that the city and county of Honolulu match any funds expended for these purposes considering the city and county of Honolulu contributes to the road run‑off into the Kailua waterways.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3207
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII