CONFERENCE COMMITTEE REP. NO. 126

Honolulu, Hawaii

, 2025

RE: S.B. No. 1221

S.D. 2

H.D. 3

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1221, S.D. 2, H.D. 3, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to require each county to:

(1) Adopt ordinances regulating certain retention ponds and detention ponds; and

(2) Conduct a survey of existing retention and detention ponds and submit a report to the Legislature prior to the Regular Session of 2026.

Your Committee on Conference 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. Your Committee on Conference notes that the State has no existing laws governing the maintenance of detention and retention ponds. This measure seeks to prevent tragedies like the untimely death of Charlotte "Sharkey" Schaefer, a five-year-old girl who drowned in a detention pond while trying to save the life of her friend, by requiring the counties to adopt regulations on the construction and permitting of retention and detention ponds, including the establishment of minimum safety standards.

Your Committee on Conference has amended this measure by:

(1) Designating the statutory language that requires each county to adopt ordinances regulating certain retention ponds and detention ponds as "Sharkey's Law";

(2) Specifying that each county shall adopt ordinances regulating certain retention ponds and detention ponds beginning January 1, 2027;

(3) Making it effective upon its approval; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1221, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1221, S.D. 2, H.D. 3, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ MARK J. HASHEM Co-Chair	____________________________ GLENN WAKAI Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ TROY N. HASHIMOTO Co-Chair
____________________________ RACHELE LAMOSAO Co-Chair	____________________________ DRU KANUHA Co-Chair