STAND. COM. REP. NO. 1462

Honolulu, Hawaii

RE:    S.R. No. 18

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committees on Energy and Environment and Commerce and Consumer Protection, to which was referred S.R. No. 18 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH TO IMPLEMENT A STATEWIDE RAINWATER DETENTION AND RETENTION POND SAFETY PROGRAM,"

beg leave to report as follows:

     The purpose of this measure is to request the Department of Health to implement a statewide rainwater detention and retention pond safety program to:

     (1)  Encourage and assist developers or persons responsible for constructing or maintaining a retention pond, detention pond, or catchment area pond to adopt a maintenance and inspection plan to ensure adequate safety;

     (2)  Encourage installation of chain link or see-through fencing and signage to deter children from playing and congregating around or near these ponds or drainage areas; and

     (3)  Develop retention pond, detention pond, and catchment area pond safety components in the Department of Health's curriculum.

     Testimony in support of the measure was submitted by twelve individuals.  Written testimony presented to your Committees may be reviewed on the Legislature's website.

     Your Committees find that, although retention and detention ponds can be effective for stormwater management and flood control, they can also pose risks to public health, safety, and welfare.  It is critical that the Department of Health help to protect the health and safety of Hawaii's citizens, especially children, by implementing a statewide rainwater detention and retention pond safety program.  This program will encourage and assist developers or other persons responsible for the construction and maintenance of a rainwater drainage system to adopt a maintenance and inspection plan and to consider adequate safety provisions, such as the installation of fencing and signage to deter children from playing or congregating around or near those ponds.  A program like this could have prevented the tragic and heartbreaking death of Charlotte "Sharkey" Schaefers.

     Your Committees have amended this measure by making technical, nonsubstantive amendments for clarity and style.

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Commerce and Consumer Protection that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 18, as amended herein, and recommend its adoption in the form attached hereto as S.R. No. 18, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Commerce and Consumer Protection,

____________________________ ROSALYN H. BAKER, Chair

____________________________ MIKE GABBARD, Chair