SB1221 HD2

SECTION 1. The legislature finds that detention and retention ponds are meant to hold stormwater. However, while detention and retention ponds help manage stormwater and control flooding, mitigating risk for these systems is critical in minimizing threats to public health and safety. Hawaii's high drowning rate, the second worst in the nation for residents and the highest for visitors, necessitates joining other jurisdictions across the United States in developing retention and detention pond safety programs. The urgency is made even greater by climate change, which has created more frequent and intense rainfall resulting in increased use of retention ponds, which are designed to hold water year-round, and detention ponds, which remain dry until a major rain.

The legislature further finds that the Hawaiʻi Water Safety Plan, which was published by the Hawaii Water Safety Coalition in 2025, provides several recommendations to reduce drowning by improving safety regarding detention and retention ponds in the State.

The purpose of this Act is to:

(1) Ensure the health, safety, and welfare of the citizens of the State by requiring the counties to:

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

(B) Conduct a survey of existing retention and detention ponds statewide and provide a report to the legislature; and

(2) Appropriate funds as a grant-in-aid to the counties for these purposes.

This Act also recognizes Charlotte "Sharkey" Schaefers, the five-year-old girl who drowned at a Pearl City naval housing complex while trying to save the life of her childhood friend.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Retention ponds and detention ponds; safety requirements. (a) Beginning , each county shall adopt ordinances for the regulation of all retention ponds and detention ponds located within the county's jurisdiction. The ordinances adopted pursuant to this subsection shall include but not be limited to:

(1) Establishing a permitting process for the construction of new retention ponds or detention ponds;

(2) Establishing safety requirements, which shall include but not be limited to:

(A) Fencing that is at least four feet high that fully encloses the retention pond or detention pond and allows access through one or more secured, locked gates;

(B) Safety signage indicating "No Swimming" and warning of sudden water level changes;

(D) Proper maintenance of ground cover surrounding the retention pond or detention pond, including mowing, weed control, and debris removal;

(E) Minimal use of pesticides and fertilizers on ground cover surrounding the retention pond or detention pond to prevent contamination of downstream waters;

(F) Installation of landscaped buffers to discourage entry by unauthorized individuals;

(G) Incorporation of emergency spillways to handle overflow situations; and

(H) Submission of maintenance plans by property owners or managers to ensure ongoing safety and compliance;

(3) Conducting inspections to ensure compliance with safety and maintenance regulations; and

(4) Maintaining a registry of all retention ponds and detention ponds within the county and conducting periodic surveys to assess the conditions of the ponds.

(b) For the purposes of this section:

"Detention pond" means an area that is designed to:

(1) Hold stormwater until the effects of percolation, evapotranspiration, or controlled release return the area to its normally dry state; and

(2) Dissipate inflowing stormwater within seventy-two hours to accommodate a new volume of water.

"Retention pond" means a permanent or semi-permanent aquatic system that acts as a trap where pollutants picked up by the initial surge of stormwater settle out before leaving the system."

SECTION 3. Each county shall conduct a survey of all existing retention and detention ponds located within its jurisdiction and submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for a grant-in-aid to the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, to conduct a survey of all existing retention and detention ponds located within its jurisdiction, adopt ordinances, and for the regulation of retention ponds and detention ponds located within its jurisdiction.

The sums appropriated shall be expended by the counties for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	1221
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2