SB1064 SD1

SECTION 1. The legislature finds that some plantation era reservoirs across the State, including locations on Maui county, are on lands sold by plantation landowners to developers. Following the sale, developers constructed subdivisions, often including dams and appurtenances, including reservoirs and spillways, within deeds to the homeowners or a homeowner's association.

However, many dams and appurtenances located on subdivisions are not properly maintained. During periods of extreme weather, the surrounding neighborhoods face significant risks from flooding. Despite potential hazards posed by the dams and appurtenances, the department of land and natural resources considers these dams and appurtenances to be privately owned and the responsibility of homeowners or homeowner's associations to maintain proper safety standards. Costly permits are required to conduct repairs or removal, which results in dams and appurtenances remaining in an unsafe state.

Therefore, the purpose of this Act is to:

(1) Establish a dam and appurtenance improvement or removal grant program to provide private dam or appurtenance owners with funds for plans, design, construction, and equipment used to improve or remove deficient dams and appurtenances as determined by the department of land and natural resources; and

(2) Establish a dam and appurtenance improvement or removal revolving fund to deposit appropriations from the legislature for the dam and appurtenance improvement or removal grant program.

SECTION 2. Chapter 179D, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

"§179D- Dam and appurtenance improvement or removal grant program. (a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams in the State.

(b) The dam and appurtenance improvement or removal grant program shall provide funding to private dam owners for plans, design, construction, and equipment that is used to improve or remove deficient dams and appurtenances as determined by the department.

(c) Grants awarded under the program shall not exceed $ . All awards shall be approved by the board prior to disbursement and shall be subject to conditions imposed by the board.

(d) The department may award grants based on criteria that shall be developed by the department. Applicants shall meet the following requirements:

(1) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;

(2) The applicant shall be the owner of a regulated dam or appurtenance that has been determined to have one or more deficiencies; provided that priority shall be given to dams or appurtenances rated to be in poor or unsatisfactory condition;

(3) The applicant shall indicate on the application that the proposed plans, design, construction, and equipment shall be intended for remediation or removal of the dam or appurtenance;

(4) If the applicant is an organization, the entity shall:

(A) Be licensed to conduct business in the State of Hawaii; and

(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflict of interest situations;

(5) The applicant shall comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law;

(6) The grant shall not be used for purposes of entertainment or perquisites;

(7) All activities and improvements undertaken with funds received shall comply with applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules;

(8) The applicant shall agree to make available to the department all records the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;

(9) The applicant shall establish, to the satisfaction of the department, that sufficient funds are available for the completion of plans, design, and construction, or equipment needed for the purpose for which the grant is awarded; and

(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe.

§179D- Dam and appurtenance improvement or removal revolving fund. (a) There is established within the state treasury a revolving fund to be known as the dam and appurtenance improvement or removal revolving fund, which shall be administered by the department and into which shall be deposited appropriations from the legislature for the dam and appurtenance improvement or removal grant program.

(b) Moneys from the fund shall be expended by the department to support the awarding of grants under the dam and appurtenance improvement or removal grant program for eligible private dam and appurtenance owners."

SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the dam and appurtenance improvement or removal revolving fund.

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 2023-2024 as one-time seed funding to be deposited into the dam and appurtenance improvement or removal revolving fund.

SECTION 5. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be expended under program ID Department of Land and Natural Resources – Prevention of Natural Disasters (LNR810), for operating expenses and the establishment of two full-time equivalent (2.0 FTE) positions in the department of land and natural resources, to include the following:

(1) One planner position; and

(2) One accountant position.

The sums appropriated in sections 3, 4, and 5 of this Act shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1064
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII