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Heated testimony on HB 16‑52 spotlights drowning prevention and green infrastructure tradeoffs
Summary
Witnesses clashed over HB 16‑52, which would exempt some green stormwater and agricultural ponds from fencing rules in last year's Act 281 ("Sharkey's law"); safety advocates warned the bill could weaken child‑safety protections while engineers and farm groups said clarified depth criteria would allow needed green infrastructure.
The committee heard extended, often emotional testimony on HB 16‑52, which would change safety requirements that were adopted after a fatal drowning and are now codified in Act 281. Kirsten Hermstead, executive director of the Hawaiian Lifeguard Association, testified in opposition and urged the committee not to create broad exemptions. "This bill proposes to exempt certain water management features from the safety protections that were provided under Sharkey's law," she said, and warned that removing safeguards "misses an opportunity to protect children, developers, and the state from foreseeable and preventable harm."
Janice Marsters, testifying for the American Council of Engineering Companies of Hawaii, urged clarifications so green stormwater infrastructure (GSI) can be implemented without undermining child safety: "We feel this bill balances safety while imposing strict limits on water depth," she said, adding that many GSI features are designed to be shallow and infiltrate within 48 hours. Family members of Charlotte Sharkey Schaeffer spoke against the bill. Lisonbee Schaeffer recounted the 2004 drowning and said fencing alone after the fact did not prevent later hazards: "Open water without barriers invites tragedy," she testified.
Supporters including the Hawaii Farm Bureau and engineering groups advocated exemptions for agricultural ponds used primarily for irrigation and for shallow, well‑designed GSI features. Committee members pressed about maintenance and enforcement; opponents warned that shallow features can flood after storms if not maintained. The chair announced a recommendation to pass HB 16‑52 with technical amendments and an HD 1, and the committee recorded the recommendation to pass with reservations noted by some members.
