STAND. COM. REP. NO.  575

 

Honolulu, Hawaii

                , 2025

 

RE:   H.B. No. 1233

      H.D. 2

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Madame:

 

     Your Committee on Health, to which was referred H.B. No. 1233, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO STORMWATER MANAGEMENT SYSTEMS,"

 

begs leave to report as follows:

 

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

 

     (1)  Regulate the permitting, construction, and maintenance of retention and detention ponds, including establishing safety standards for retention and detention ponds; and

 

     (2)  Conduct a survey of existing retention and detention ponds statewide and provide a report to the Legislature.  

 

     Your Committee received testimony in support of this measure from the Keiki Injury Prevention Coalition; Hawaiian Lifeguard Association; and eight individuals.  Your Committee received testimony in opposition to this measure from the Department of Facility Maintenance of the City and County of Honolulu and one individual.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that drowning is the number one cause of death for children between the ages of one and fifteen in the State.  Your Committee further finds that retention and detention ponds, while essential for stormwater management, pose serious risks to public health and safety due to their potential for sudden water level changes and deep standing water.  Improperly maintained and unregulated retention and detention ponds are particularly dangerous for young children, who are unaware of the risks they pose.  Your Committee believes that regulating the construction and permitting of retention and detention ponds, including the establishment of minimum safety standards, is necessary to ensure the health and safety of residents and visitors.

 

     Your Committee notes the testimony from the Department of the Attorney General, which states that this measure requires the counties to administer a new regulatory program for retention and detention ponds, but does not contain an appropriation to the counties for this purpose.  Such cost sharing is a requirement under Article VIII, section 5 of the Hawaii State Constitution.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Inserting an appropriation as a grant-in-aid to the counties for an unspecified amount;

 

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1233, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1233, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

 

____________________________

GREGG TAKAYAMA, Chair