Hawaii 2024 Regular Session

Hawaii Senate Bill SB3258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	THE SENATE S.B. NO. 3258 THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO DAM AND RESERVOIR SAFETY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 3258 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to dam and reservoir safety. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 3258
4		-	THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2024
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		3258
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13	13		THIRTY-SECOND LEGISLATURE, 2024
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		relating to dam and reservoir safety.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 179D-31, Hawaii Revised Statutes, is amended to read as follows: "§179D-31 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 owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department. (c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board. (d) The department [may] shall award grants based on criteria that shall be developed by the department. The criteria developed by the department under this section shall be made publicly available. (e) Each applicant 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 entity other than an individual, the applicant shall: (A) Be licensed to conduct business in the State; and (B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest; (5) The applicant shall agree to 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 applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites; (7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules; (8) The applicant shall agree to make available to the department all records that 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; provided that the grant amount shall be included among the calculation of sufficient funds; and (10) The applicant shall comply with other requirements or conditions as the department or board may prescribe[.]; provided that: (A) The board shall prescribe other requirements or conditions in a manner that is consistent with the principles of fairness and equal treatment; (B) The additional requirements and conditions prescribed by the department or board shall be: (i) Based on reasonable and justifiable grounds and relevant to the purpose for which the grant is awarded; (ii) Communicated to the applicant in a clear, transparent, and reasonable manner; and (iii) Readily available to the applicant in writing, with one copy submitted to the applicant and another made publicly available; and (C) The applicant may seek clarification of the additional requirements or conditions prescribed. (f) The applicant may appeal the board's determination of its application in accordance with section 179D-7." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect ~~on July 1, 2050~~.
	47	+	PART I SECTION 1. 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- Inspections; risk assessment; risk mitigation; insurance coverage; burden of proof; high hazard. (a) In conducting investigations pursuant to this part, the department shall: (1) Consider whether an owner has or is in the process of obtaining insurance coverage that: (A) Subjects the dam, reservoir, or appurtenance to reclassification; and (B) Mitigates the risks associated with the dam, reservoir, or spillway. (b) The department shall have the burden of proof to establish that a dam, reservoir, or appurtenance is a high hazard dam, reservoir, or appurtenance. (c) Any finding that a dam, reservoir, or appurtenance is a high hazard shall be supported by: (1) An engineering report from a licensed engineer of the department that finds that the failure of the dam, reservoir, or appurtenance will result in probable loss of human life; and (2) An engineering study or report from a certified hydraulic engineer that considers: (A) Distances, including the distance to potentially threatened residences and properties; (B) Natural water courses; (C) Percolation rates of the soil; and (D) A realistic assessment that the failure of the dam, reservoir, or appurtenance will result in probable loss of human life. (d) The department shall assume any dam, reservoir, or appurtenance to be safe absent the documents required under subsection (c). (e) The department shall relax any restrictions and stringent standards on a dam, reservoir, or appurtenance; provided that the owner verifies valid insurance coverage that meets the conditions of subsection (a)." PART II SECTION 2. Section 179D-31, Hawaii Revised Statutes, is amended to read as follows: "§179D-31 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 owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department. (c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board. The board shall consider any existing insurance policy in its assessment of risks associated with a dam. (d) The department [may] shall award grants based on criteria that shall be developed by the department. The criteria developed by the department under this section shall be made publicly available. (e) Each applicant 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 entity other than an individual, the applicant shall: (A) Be licensed to conduct business in the State; and (B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest; (5) The applicant shall agree to 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 applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites; (7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules; (8) The applicant shall agree to make available to the department all records that 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; provided that the grant amount shall be included among the calculation of sufficient funds; and (10) The applicant shall comply with other requirements or conditions as the department or board may prescribe[.]; provided that: (A) The board shall prescribe other requirements or conditions in a manner that is consistent with the principles of fairness and equal treatment; (B) The additional requirements and conditions prescribed by the department or board shall be: (i) Based on reasonable and justifiable grounds and relevant to the purpose for which the grant is awarded; (ii) Communicated to the applicant in a clear, transparent, and reasonable manner; and (iii) Readily available to the applicant in writing, with one copy submitted to the applicant and another made publicly available; and (C) The applicant may seek clarification of the additional requirements or conditions prescribed. (f) The applicant may appeal the board's determination of its application in accordance with section 179D-7." PART III SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49		-	SECTION 1. Section 179D-31, Hawaii Revised Statutes, is amended to read as follows:
	49	+	PART I
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	51	+	SECTION 1. Chapter 179D, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:
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	53	+	"§179D- Inspections; risk assessment; risk mitigation; insurance coverage; burden of proof; high hazard. (a) In conducting investigations pursuant to this part, the department shall:
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	55	+	(1) Consider whether an owner has or is in the process of obtaining insurance coverage that:
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	57	+	(A) Subjects the dam, reservoir, or appurtenance to reclassification; and
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	59	+	(B) Mitigates the risks associated with the dam, reservoir, or spillway.
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	61	+	(b) The department shall have the burden of proof to establish that a dam, reservoir, or appurtenance is a high hazard dam, reservoir, or appurtenance.
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	63	+	(c) Any finding that a dam, reservoir, or appurtenance is a high hazard shall be supported by:
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	65	+	(1) An engineering report from a licensed engineer of the department that finds that the failure of the dam, reservoir, or appurtenance will result in probable loss of human life; and
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	67	+	(2) An engineering study or report from a certified hydraulic engineer that considers:
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	69	+	(A) Distances, including the distance to potentially threatened residences and properties;
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	71	+	(B) Natural water courses;
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	73	+	(C) Percolation rates of the soil; and
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	75	+	(D) A realistic assessment that the failure of the dam, reservoir, or appurtenance will result in probable loss of human life.
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	77	+	(d) The department shall assume any dam, reservoir, or appurtenance to be safe absent the documents required under subsection (c).
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	79	+	(e) The department shall relax any restrictions and stringent standards on a dam, reservoir, or appurtenance; provided that the owner verifies valid insurance coverage that meets the conditions of subsection (a)."
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	81	+	PART II
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	83	+	SECTION 2. Section 179D-31, Hawaii Revised Statutes, is amended to read as follows:
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51	85		"§179D-31 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.
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53	87		(b) The dam and appurtenance improvement or removal grant program shall provide funding to owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department.
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55		-	(c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board.
	89	+	(c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board. The board shall consider any existing insurance policy in its assessment of risks associated with a dam.
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57	91		(d) The department [may] shall award grants based on criteria that shall be developed by the department. The criteria developed by the department under this section shall be made publicly available.
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59	93		(e) Each applicant shall meet the following requirements:
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61	95		(1) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;
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63	97		(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;
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65	99		(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;
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67	101		(4) If the applicant is an entity other than an individual, the applicant shall:
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69	103		(A) Be licensed to conduct business in the State; and
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71	105		(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest;
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73	107		(5) The applicant shall agree to 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;
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75	109		(6) The applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites;
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77	111		(7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules;
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79	113		(8) The applicant shall agree to make available to the department all records that the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;
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81	115		(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; provided that the grant amount shall be included among the calculation of sufficient funds; and
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83	117		(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe[.]; provided that:
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85	119		(A) The board shall prescribe other requirements or conditions in a manner that is consistent with the principles of fairness and equal treatment;
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87	121		(B) The additional requirements and conditions prescribed by the department or board shall be:
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89	123		(i) Based on reasonable and justifiable grounds and relevant to the purpose for which the grant is awarded;
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91	125		(ii) Communicated to the applicant in a clear, transparent, and reasonable manner; and
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93	127		(iii) Readily available to the applicant in writing, with one copy submitted to the applicant and another made publicly available; and
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95	129		(C) The applicant may seek clarification of the additional requirements or conditions prescribed.
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97	131		(f) The applicant may appeal the board's determination of its application in accordance with section 179D-7."
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99		-	~~SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.~~
	133	+	PART III
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101		-	SECTION 3. ~~This Act shall take effect on July 1,~~ ~~2050~~.
	135	+	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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103		-	Report Title: DLNR; BLNR; Dam and Reservoir Safety; Dam and Appurtenance Improvement or Removal Grant Program Description: Establishes additional requirements for the Department of Land and Natural Resources and Board of Land and Natural Resources regarding the Dam and Appurtenance Improvement or Removal Grant Program. Takes effect 7/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	137	+	SECTION 4. This Act shall take effect upon its approval.
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	141	+	INTRODUCED BY: _____________________________
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	143	+	INTRODUCED BY:
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	145	+	_____________________________
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	151	+	Report Title: DLNR; BLNR; Dam and Reservoir Safety; Inspections; Risk Assessment; Risk Mitigation; Dam Insurance; High Hazard; Burden of Proof; Dam and Appurtenance Improvement or Removal Grant Program; Oversight Description: Requires the Department of Land and Natural Resources (DLNR) to: (1) consider certain insurance coverage in conducting safety inspections relating to dam and reservoir safety; (2) to relax any restrictions and stringent standards on a dam or appurtenance upon verification of certain insurance coverage; and (3) assume that a dam, reservoir, or appurtenance is safe absent certain documents. Places the burden of proof on DLNR to find that a dam, reservoir, or appurtenance is high risk. Establishes additional requirements for DLNR and Board of Land and Natural Resources regarding the Dam and Appurtenance Improvement or Removal Grant Program. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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111	159		Report Title:
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113		-	DLNR; BLNR; Dam and Reservoir Safety; Dam and Appurtenance Improvement or Removal Grant Program
	161	+	DLNR; BLNR; Dam and Reservoir Safety; Inspections; Risk Assessment; Risk Mitigation; Dam Insurance; High Hazard; Burden of Proof; Dam and Appurtenance Improvement or Removal Grant Program; Oversight
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117	165		Description:
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119		-	~~Establishes additional requirements for~~ the Department of Land and Natural Resources and Board of Land and Natural Resources regarding the Dam and Appurtenance Improvement or Removal Grant Program. ~~Takes effect 7/1/2050. (SD1)~~
	167	+	Requires the Department of Land and Natural Resources (DLNR) to: (1) consider certain insurance coverage in conducting safety inspections relating to dam and reservoir safety; (2) to relax any restrictions and stringent standards on a dam or appurtenance upon verification of certain insurance coverage; and (3) assume that a dam, reservoir, or appurtenance is safe absent certain documents. Places the burden of proof on DLNR to find that a dam, reservoir, or appurtenance is high risk. Establishes additional requirements for DLNR and Board of Land and Natural Resources regarding the Dam and Appurtenance Improvement or Removal Grant Program.
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127	175		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.