HB384.DOC

SECTION 1. Hawaii has the highest rate of drowning in the country at an annual average of almost two and one-half victims for every one hundred thousand residents who drown in the State's ocean waters, lakes, dams and reservoirs, rainwater retention and detention ponds, flood waters, swimming pools, spas, and private homes. The rate more than doubles when including visitor statistics, making it the nation's riskiest destination in terms of water safety.

Hawaii's keiki are the most vulnerable to drowning, which in this State, and nine others, is the leading cause of death among children aged fourteen and younger. Among children under age five, drowning accidents in swimming pools are the leading cause of injury and death, while Hawaii's older keiki are more vulnerable to drowning in the ocean, lakes, ponds, dams and reservoirs, rainwater catchments, as well as retention ponds.

Retention ponds are meant to hold storm water, and rainwater catchments are similarly used to harvest runoff rainwater. Unregulated and poorly maintained rainwater retention ponds pose a serious health and safety risk, particularly to Hawaii's children because these ponds are often mistaken for recreational bodies of water. Risks may be lowered by clearly marking these rainwater retention ponds with hazard and warning signs that prohibit swimming and water sports. The American Academy of Pediatrics and the Consumer Product Safety Commission have recommended fencing to protect children from circumventing adult supervision, and the State's injury prevention panel have recommended four-sided isolation fencing for residential pools to isolate them from the house or yard.

A statewide rainwater retention pond safety program, including rules that balance the importance of regulating rainwater retention ponds with proper safeguards to ensure public safety, with the assurance of compliance by all public agencies and private sector builders and developers may be appropriate at this time.

The department of health is the logical agency to incorporate a water safety program in its overall water safety curriculum that:

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

(2) Encourages installation of chain link or see-through fencing and signage and other appropriate safety features to deter children from playing and congregating around or near these ponds or drainage areas.

The purpose of this Act is to establish a task force in the department of health to investigate and examine the advisability of expanding its water safety curriculum to include measure to protect the public against the dangers of retention ponds.

SECTION 2. There is established in the department of health a temporary water safety task force to be comprised of the following officials or their designated representative:

(1) The director of health, as chair of the task force;

(2) The attorney general;

(3) The chairperson of the board of land and natural resources;

(4) The president of the Hawaii State Association of Counties;

(5) The mayor of the city and county of Honolulu;

(6) The mayor of the county of Maui;

(7) The mayor of the county of Kauai;

(8) The mayor of the county of Hawaii; and

(9) The executive director of the Consumer Lawyers of Hawaii.

(b) The responsibilities of the task force shall be to:

(1) Collect data and determine the advisability of limiting or defining liability to landowners from persons injured on their land, where the land is made available for the retention of flood waters and runoff;

(2) Determine minimum safety requirements for the development and maintenance of retention ponds, including but not limited to proper borders, fencing, landscaping, sloping, and warning signs;

(3) Determine the need for a periodic retention pond inspection program in the department of health or the department of land and natural resources and develop budget projections for such a program; and

(4) Consider any other relevant matters pertaining to the safety of retention ponds,

provided that retention ponds or other water hazards located on golf courses shall not be included within the responsibility of the task force.

(c) The task force shall submit its findings, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

(d) The task force shall cease to exist on June 30, 2010.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	384
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII