Bill Text: HI HB548 | 2022 | Regular Session | Introduced
Bill Title: Relating To The County Boards Of Water Supply.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB548 Detail]
Download: Hawaii-2022-HB548-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
548 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to the county boards of water supply.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that article XII, section 2, of the Hawaii State Constitution states in part that "[t]he State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out." This obligation held by the State is also held by the counties, which are, under article VIII of the Hawaii State Constitution, political subdivisions of the State.
The legislature further finds that the lack of available water has been and remains a significant barrier to the State's ability to faithfully carry out Hawaiian homes projects. The county boards and departments of water supply have no administrative rules or policies for differentiating and prioritizing the development and provision of water for Hawaiian homes projects when compared to other State or even private projects and, therefore, some counties have treated the department of Hawaiian home lands like any other developer.
The legislature further finds that working with the department of Hawaiian home lands, the commission on water resource management has set some ground water and surface water reservations for Hawaiian homes projects on Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii islands, and continues to set additional reservations in partial fulfillment of the requirements of section 174C-101(a), Hawaii Revised Statutes.
The legislature also finds that this necessary action by the commission on water resource management will result in being nothing more than the noting of numbers on paper unless the counties as political subdivisions of the State, and particularly their boards and departments of water supply, fulfill their legal obligations to faithfully take actions within their powers to fulfill the Hawaiian Homes Commission Act in spirit and practice.
The purpose of this Act is to clarify requirements on the county boards of water supply to fulfill the constitutional mandate.
SECTION 2. Chapter 54, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§54- County boards of water supply; obligation to
the department of Hawaiian home lands. (a) Before June 30 of each year, each board of
water supply shall transmit to the department of Hawaiian home lands an
accounting of all water credits held by the county for all of their respective systems.
The department of Hawaiian home lands
shall inform the counties by no later than September 30 of each year the number
of credits it requires for its uses under section 221 of the Hawaiian Homes
Commission Act, 1920, as amended. The
boards shall reserve those credits for the use of the department of Hawaiian
home lands and not allocate them to any other user unless the department of
Hawaiian home lands surrenders those credits.
(b) In the negotiation of any water development,
water credit, or similar agreement, the counties shall not withhold any water
developed by the department of Hawaiian home lands for the board of water
supply's own use and allocation, but shall instead credit the department of
Hawaiian home lands the full amount of credits justified by the water
development.
(c) Each board of water supply shall develop policies
that, in cases of water shortage, require reductions in nonpublic trust uses of
water to occur before reductions of other uses, including the uses on Hawaiian
home lands under section 221 of the Hawaiian Homes Commission Act, 1920, as amended.
(d) No later than July 30, 2022, each board of
water supply shall apply for water leases of any waters they develop or have in
their system emanating from state lands under section 171-58.
(e) This section shall apply to the boards of water
supply
and the counties notwithstanding any provisions
in a county
charter or ordinance to the contrary."
SECTION 2. Section 54-12, Hawaii Revised Statutes, is amended to read as follows:
"§54-12
Board of water supply. (a) If a county does not have an existing board
of water supply, there shall be a board of water supply for each county
consisting of seven members of whom five shall be nominated, and by and with
the advice and consent of the council, appointed by the mayor[,one]; provided
that:
(1) One of whom shall be the state district
engineer of the state department of transportation [and one];
(2) One of whom shall be the chief engineer
of the respective county[.]; and
(3) At least one of whom shall represent the interests
to be served by the allocation of water for current and foreseeable development
and use of Hawaiian home lands as set forth in section 221 of the Hawaiian Homes
Commission Act, 1920, as amended.
(b) No employee or officer of any county shall be eligible to serve as a board member, except as otherwise provided herein.
(c) The members of the board shall serve without pay, but shall be reimbursed for their reasonable expenses incurred in the discharge of their duties as members of the board.
(d) The term of office of each appointed member of the board shall be five years from the date of the member's appointment; provided that of the initial members one shall be appointed for a term to expire on January 1, 1963; one for a term to expire on January 1, 1964; one for a term to expire on January 1, 1965; one for a term to expire on January 1, 1966; and one for a term to expire on January 1, 1967. Any vacancy occurring on the board shall be filled in accordance with the foregoing provisions for the unexpired portion of the term concerned."
SECTION 4. Section 54-52, Hawaii Revised Statutes, is amended to read as follows:
"§54-52
Appointment. (a) The eight appointive members of the board of
water supply shall be appointed by the chairperson of the council of the
county, with the approval of the council[.]; provided that at least two
of the eight members shall represent the interests to be served by the allocation
of water for current and foreseeable development and use of Hawaiian home lands
as set forth in section 221 of the Hawaiian Homes Commission Act, 1920, as amended. The chairperson shall likewise designate the
chairperson of the board of water supply from among the appointive
members. The members of the board shall
serve without pay, but shall be reimbursed for their reasonable expenses. Each member of the board shall be, at the time
of the member's appointment, an elector of the county of Hawaii and shall have
been such for at least three years next preceding the member's
appointment. Any member of the board may
be removed from office by the chairperson of the council of the county, with
the approval of the council.
(b)
Membership of the board shall include
four members who are residents of the district of North or South Hilo; provided
that at least one of the four members shall represent the interests to be served
by the allocation of water for current and foreseeable development and use of Hawaiian
home lands as set forth in section 221 of the Hawaiian Homes Commission Act, 1920,
as amended; provided further that one of the four members shall be the
person who for the time being shall be the legal incumbent of the office of the
chief engineer of the department of public works of the county. In addition, one member shall be a resident
of the district of North Kona or South Kona, one member shall be a resident of
the district of North Kohala or South Kohala, one member shall be a resident of
the district of Hamakua, one member shall be a resident of the district of
Puna, and one member shall be a resident of the district of Kau[.]; provided
that at least one of these five members shall represent the interests to be served
by the allocation of water for current and foreseeable development and use of Hawaiian
home lands as set forth in section 221 of the Hawaiian Homes Commission Act, 1920,
as amended.
(c) The term of office of the appointive members of the board shall be five years from and after the date of their respective appointments. Any vacancy occurring on the board shall be filled by appointment. The one appointed to fill the vacancy shall serve only for the unexpired term of the person whom the appointive member succeeds. Officers and employees of the county of Hawaii shall not be eligible for appointive membership on the board."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
County Boards of Water Supply; Department of Hawaiian Home Lands
Description:
Requires county boards of water supply to provide an accounting of water credits to and to reserve credits for the department of Hawaiian home lands. Requires boards to develop policies that reduce nonpublic trust uses before other uses in cases of emergency. Requires boards to apply for leases for water from state lands. Designates a certain number of board members to represent interests for water allocation on Hawaiian home lands.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
