STAND. COM. REP. NO. 925

Honolulu, Hawaii

RE: S.B. No. 1221

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1221, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to ensure the safe management of stormwater systems.

Specifically, the measure:

(1) Establishes safety requirements for retention and detention ponds;

(2) Requires the Department of Land and Natural Resources to establish a retention pond and detention pond monitoring and inspection program;

(3) Prohibits counties from permitting or allowing the construction of retention and detention ponds, except under certain conditions;

(4) Requires the Department of Land and Natural Resources to conduct a survey of existing retention and detention ponds statewide; and

(5) Appropriates moneys to establish two full-time equivalent (2.0 FTE) positions within the Department of Land and Natural Resources for the purposes of the measure.

Your Committee received written comments in support of this measure from the Waikiki Neighborhood Board, Hawaiian Lifeguard Association, Hawaii Water Safety Coalition, and numerous individuals.

Your Committee received written comments on this measure from the Department of Land and Natural Resources.

Your Committee recognizes that unlike other jurisdictions across the United States, Hawaii lacks laws that govern the maintenance of detention and retention ponds, which can be hazardous when they are not sufficiently regulated. Your Committee believes that this measure proposes standards that will promote public safety and reduce threats to public health.

Your Committee has amended this measure by:

(1) Establishing certain new statutory provisions within Title 12, Hawaii Revised Statutes, which generally falls under the purview of the Department of the Land and Natural Resources, rather than within chapter 340E, Hawaii Revised Statutes, which falls under the purview of the Department of Health; and

(2) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1221, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair