STAND. COM. REP. NO. 268-08
Honolulu, Hawaii
, 2008
RE: H.B. No. 2823
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Fourth State Legislature
Regular Session of 2008
State of Hawaii
Sir:
Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 2823 entitled:
"A BILL FOR AN ACT RELATING TO DAM SAFETY,"
begs leave to report as follows:
The purpose of this bill is to limit the liability of owners, controllers, and operators of dams or reservoirs for personal injury or property damage from:
(1) Water escaping from the dam or reservoir;
(2) The failure or partial failure of the dam or reservoir, unless caused by the owner; and
(3) Allowing the inflow to the dam or reservoir to pass through it and into a natural stream below the reservoir.
This bill also provides insurance requirements for dam and reservoir owners.
Kamehameha Schools testified in support of this bill. The Maui County Farm Bureau supported this measure with amendments. The Department of Land and Natural Resources and Consumer Lawyers of Hawaii opposed this bill. The Hawaii Farm Bureau Federation provided comments.
Your Committee has amended this bill by:
(1) Extending the application of the limitation of liability to the transmission systems and irrigation systems associated with the dam or reservoir; and
(2) Making technical, nonsubstantive amendments for style, clarity, and consistency.
As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2823, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2823, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,
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____________________________ KEN ITO, Chair |
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