Bill Text: HI HB1431 | 2015 | Regular Session | Introduced
Bill Title: Water; Public Trust Uses; Counties; Audit
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2015-02-02 - Referred to WAL, FIN, referral sheet 6 [HB1431 Detail]
Download: Hawaii-2015-HB1431-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1431 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public trust uses of water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii constitution adopts the public trust doctrine as a fundamental principle of constitutional law. Article XI, section 7 of the Hawaii constitution emphasizes the State's obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people. The legislature finds that the public trust doctrine applies to all water resources in the State and protects four categories of use: maintenance of waters in their natural state; domestic water use, particularly provision of adequate drinking water; water supporting the exercise of native Hawaiian and traditional and customary rights; and the use by and reservations of water for the beneficiaries of the Hawaiian Homes Commission Act of 1920, as amended.
The Hawaii Supreme Court has affirmed the counties' affirmative duty, as political subdivisions of the State, to examine public trust uses of water in the planning for and allocation of water resources and to protect public trust uses whenever feasible. Kauai Springs, Inc. v. Planning Commission of the County of Kauai, 133 Haw. 141, 172-173 (Feb. 28, 2014).
The legislature finds that the four county boards and departments of water supply are the largest water developers and distributors in each respective county and are clearly bound to make decisions in accordance with both constitutional and judicial mandates that have outlined the duties of the State to protect public trust uses of water. However, the legislature further finds that the counties have responded inconsistently to their public trust responsibilities.
The purpose of this Act is to require the auditor to perform an audit of each county board or department of water supply to determine how each is fulfilling its affirmative duty to protect public trust uses of water in their planning and decision making, especially with regard to water supporting the exercise of native Hawaiian and traditional and customary rights and the use by and reservations of water for the beneficiaries of the Hawaiian Homes Commission Act.
SECTION 2. The auditor shall conduct a comprehensive management audit of the county of Kauai department of water, city and county of Honolulu board of water supply, county of Maui department of water supply, and county of Hawaii department of water supply, for fiscal year 2014-2015. The audit shall focus on but not be limited to existing policies, administrative rules, and planning documents and whether they demonstrate the affirmative duty of the respective counties to protect the public trust uses of water especially with regard to water supporting the exercise of native Hawaiian and traditional and customary rights and the use by and reservations of water for the beneficiaries of the Hawaiian Homes Commission Act of 1920, as amended.
SECTION 3. The auditor shall submit a report with findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2016.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Water; Public Trust Uses; Counties; Audit
Description:
Requires the auditor to conduct an audit to determine how each county board or department of water supply is fulfilling its duty to protect public trust uses of water in its planning and decision making.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
