House Water & Land Committee advances detention-pond safety, public-land audit and military-lease scrutiny; several bills pass or deferred

The House Committee on Water and Land met Feb. 4 in Conference Room 325 at the State Capitol and advanced several measures touching public safety, land accounting and lease enforcement.

Chair Mark Hashem convened the meeting, and committee members heard extended public testimony on HB1233, a bill modeled on the Hawaii Water Safety Plan that would require safety standards for retention and detention ponds; HB1358, which would fund and expand the Public Land Trust (PLT) working group’s inventory and auditing work; and HB491, which would tighten standards on state land leases and was discussed at length in connection with long-standing concerns about military leases on ceded lands.

Why it matters: lawmakers and witnesses said the bills address issues with immediate public-safety and fiscal consequences — from hidden drowning hazards near playgrounds to longstanding disagreements over how much revenue the state’s management of public trust lands owes the Office of Hawaiian Affairs (OHA) and whether leases, including military leases, are enforced consistently.

Detention and retention ponds (HB1233) Allison Schaeffer, a parent who testified in support, described the death of her 5‑year‑old daughter at a clogged detention pond and urged the committee to adopt statewide safety standards. "The developers in our community knew that the drain pipe in this detention pond was 89% clogged," Schaeffer said, describing how the clog turned a low area into a deep, fast hazard and noting the pond reached "over 6 feet deep in places." She said her family later received a $2,000,000 wrongful‑death settlement.

Kirsten Hermstead, executive director of the Hawaiian Lifeguard Association, told the committee the bill would extend the statewide water‑safety plan beyond ocean drownings to include ponds, pools and other freshwater hazards. "This bill is an important step forward in reducing drownings and aquatic injuries in Hawaii," Hermstead said, citing state drowning statistics and demographic disparities for Hawaiians and Pacific Islanders.

Committee action: the committee adopted a chair amendment that shifts permitting, inspection and registry duties to counties while keeping statewide safety standards and a reporting requirement. The amendment also phases in requirements and directs a county survey of existing ponds and a report back to the Legislature.

Public land trust audit and OHA claims (HB1358) Stacy Ferreira, CEO of the Office of Hawaiian Affairs, urged passage of HB1358 and described longstanding gaps in the state’s PLT inventory and accounting. Ferreira noted Act 226 (2022) raised annual PLT payments to OHA from $15.1 million to $21.5 million but said audits funded by OHA indicate much larger potential receipts. Citing an OHA‑funded NNK CPA audit, Ferreira said the audit found $394 million in gross receipts in 2016 and estimated $78.9 million owed to OHA for that year; adjusting for inflation, she said, would put the 2025 equivalent near $98.2 million.

Sherry Broder, an attorney who said she helped draft the constitutional provision creating OHA, told the committee the PLT working group is well‑positioned to help produce an independent inventory and accounting of ceded and submerged lands and related revenues.

Committee action: the committee voted to advance HB1358 with an HD1 and recommended an appropriation in the committee report to fund an independent inventory/audit process. The bill’s draft language and testimony emphasize third‑party review and expanded reporting requirements.

Public land leases and military leases (HB491) HB491 would require public‑land lessees to be entities in good standing with the State. Kalahoe Hawaii and other community groups testified in support, focusing on the military’s impact on cultural and environmental resources at Pohakuloa and elsewhere. Testimony recounted litigation in which a judge had ordered the state to require military compliance with lease terms; witnesses said the state later appealed that ruling.

Don Chang, chair of the Board of Land and Natural Resources (DLNR), told the committee DLNR enforces lease terms under Chapter 171, HRS, but acknowledged the agency’s authority and enforcement tools are limited by the terms of older leases issued in the 1960s. He said DLNR has begun annual monitoring in response to litigation and that while termination of military leases had not occurred, the department recognizes it "could do better" at oversight.

Committee action: the committee passed HB491 with amendments designed to clarify enforcement standards and to direct follow‑up on vendor‑compliance mechanisms; the committee also asked staff to explore a broader vendor‑compliance portal to cross‑check outstanding debts or compliance issues across state agencies.

Other notable hearings and votes - HB867 (recreational facilities): disability advocates and the Disability and Communication Access Board urged replacing the term "special needs" with "accessible" and recommended focusing requirements on new or renovated playgrounds and explicitly including wheelchair‑accessible swings. The committee adopted an amendment to require accessible equipment when playground equipment is replaced and to update terminology.

- HB878 (landfills): testimony included community speakers urging expanded buffers and worker groups urging no change; the committee voted to advance the bill with amendments that increase buffer considerations. Members recorded several reservations; committee discussion noted equity and siting concerns.

- HB316 (Green Jobs Youth Corps): DLNR, Kupu and conservation groups described the program’s training and placement outcomes. Kupu reported that roughly 150 people are employed annually through the program and that program leverage and match funds expand its impact. The committee advanced the measure and placed a $6 million annual amount in the committee report to support the program.

- HB1138 (ocean user safety): the bill would accelerate a board rulemaking stream for new marine technologies and temporary restrictions. Testimony from e‑foil and water‑sports users and from DLNR’s Division of Boating and Ocean Recreation focused on the need to balance fast adoption of safety rules with due process. After extensive public comment the committee deferred HB1138 to allow further work with stakeholders.

Votes at a glance - HB1233 (detention/retention ponds): Passed with amendments (county permitting, phased requirements; registry and inspection duties added). - HB867 (recreational facilities — accessible playgrounds): Passed with amendments (terminology change to "accessible," phased replacement requirement; some members recorded reservations). - HB1358 (Public Land Trust working group / independent inventory): Passed with HD1; committee report includes appropriation to support a third‑party inventory and audit. - HB491 (public land leases / good‑standing requirement): Passed with amendments; committee directed follow‑up on vendor‑compliance portal options. - HB878 (landfills / buffer zones): Passed with amendments; several members recorded no votes or reservations. - HB316 (Green Jobs Youth Corps): Passed with amendments; committee report includes $6 million to support the program. - HB1138 (ocean user safety / interim rule process): Deferred for further stakeholder work. - Several other measures on shoreline management, beach restoration, historic‑property tax credits and related administrative bills were advanced with technical amendments or deferred; the committee listed recommended technical fixes and later‑date effective dates in committee reports.

What’s next: the committee advanced numerous bills to subsequent action with technical amendments or committee‑report appropriations noted on the record. The chair said several measures will be revised and returned for further consideration.

Ending: The committee adjourned after completing votes and making referrals; the record shows a mix of bipartisan support and several members recording reservations on measures that raise equity or enforcement concerns.