HB 1923: Residential Utilities; Public Disclosure; Building Permitting; County Boards of Water Supply

A BILL FOR AN ACT

RELATING TO RESIDENTIAL HOUSING UTILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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-     Service availability for residential dwellings.  (a)  The board of water supply shall publish on its website maps of its service areas that:

     (1)  Reflect the availability of domestic water service for new residential dwelling construction or expansions of existing residential dwellings proposed for at least one to four housing units per parcel in residentially zoned areas;

     (2)  Include general descriptions regarding any limitations to the availability of domestic water service as a result of source, storage, or distribution deficiency; provided that:

          (A)  Parcel-by-parcel information shall not be required;

          (B)  Utility assets shall not need to be specified; and

          (C)  Geographically identified areas shall be consistent with the detail in general plan maps developed under section 46-4; and

     (3)  Include sufficient supporting analysis explaining the deficiency or other limitation in paragraph (2) that disallows a service connection.

     (b)  The maps shall be published on the website of the board of water supply no later than January 1, 2029, and updated no less than annually thereafter.

     (c)  The board of water supply may add a disclaimer stating that the map data is preliminary and is not the actual permit determination on water availability.

     (d)  For parcel owners where maps identify water availability, the board of water supply shall create a process on its website to request a conditional clearance based on maps confirming that water is available for a parcel.  Any clearance positively confirming water service shall be honored if a building permit is submitted by the parcel owner within at least ninety days of board determination.

     (e)  The board of water supply may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  Chapter 54, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§54-     Service availability for residential dwellings.  (a)  The board of water supply shall publish on its website maps of its service areas that:

     (1)  Reflect the availability of domestic water service for new residential dwelling construction or expansions of existing residential dwellings proposed for at least one to four housing units per parcel in residentially zoned areas;

     (2)  Include general descriptions regarding any limitations to the availability of domestic water service as a result of source, storage, or distribution deficiency; provided that:

          (A)  Parcel-by-parcel information shall not be required;

          (B)  Utility assets shall not need to be specified; and

          (C)  Geographically identified areas shall be consistent with the detail in general plan maps developed under section 46-4; and

     (3)  Include sufficient supporting analysis explaining the deficiency or other limitation in paragraph (2) that disallows a service connection.

     (b)  The maps shall be published on the website of the board of water supply no later than January 1, 2029, and updated no less than annually thereafter.

     (c)  The board of water supply may add a disclaimer stating that the map data is preliminary and is not the actual permit determination on water availability.

     (d)  For parcel owners where maps identify water availability, the board of water supply shall create a process on its website to request a conditional clearance based on maps confirming that water is available for a parcel.  Any clearance positively confirming water service shall be honored if a building permit is submitted by the parcel owner within at least ninety days of board determination.

     (e)  The board of water supply may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Residential Utilities; Public Disclosure; Building Permitting; County Boards of Water Supply

Description:

Requires county boards of water supply to publicly disclose through their website service connection availability for residential permitting and construction.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to residential housing utilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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-     Service availability for residential dwellings.  (a)  The board of water supply shall publish on its website geographic information systems reference maps of its service areas that:

     (1)  Reflect the availability of domestic water service for new residential dwelling construction or expansions of existing residential dwellings in residentially zoned areas;

     (2)  Include with specificity any limitations to the availability of domestic water service as a result of source, storage, or distribution deficiency; and

     (3)  Include sufficient supporting analysis explaining the deficiency or other limitation in paragraph (2) that disallows a service connection.

     (b)  The maps shall be published on the website of the board of water supply no later than July 1, 2027, and updated not less than annually thereafter.

     (c)  If a parcel owner disagrees with any map or analysis published by the board of water supply, the parcel owner may appeal the decision under section 91-9.  Each parcel determination shall be considered an agency decision for purposes of chapter 91.

     (d)  Residential building permit applicants and related permitting agencies may rely upon the most recent applicable map."

     SECTION 2.  Chapter 54, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§54-     Service availability for residential dwellings.  (a)  The board of water supply shall publish on its website geographic information systems reference maps of its service areas that:

     (1)  Reflect the availability of domestic water service for new residential dwelling construction or expansions of existing residential dwellings in residentially zoned areas;

     (2)  Include with specificity any limitations to the availability of domestic water service as a result of source, storage, or distribution deficiency; and

     (3)  Include sufficient supporting analysis explaining the deficiency or other limitation in paragraph (2) that disallows a service connection.

     (b)  The maps shall be published on the website of the board of water supply no later than July 1, 2027, and updated not less than annually thereafter.

     (c)  If a parcel owner disagrees with any map or analysis published by the board of water supply, the parcel owner may appeal the decision under section 91-9.  Each parcel determination shall be considered an agency decision for purposes of chapter 91.

     (d)  Residential building permit applicants and related permitting agencies may rely upon the most recent applicable map."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Residential Utilities; Public Disclosure; Building Permitting; County Boards of Water Supply

Description:

Requires county boards of water supply to publicly disclose through its website service connection availability for residential permitting and construction.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  141-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1923

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 1923 entitled:

"A BILL FOR AN ACT RELATING TO RESIDENTIAL HOUSING UTILITIES,"

begs leave to report as follows:

     The purpose of this measure is to require county boards of water supply to publicly disclose on their respective website service connection availability for residential permitting and construction.

     Your Committee received testimony in support of this measure from Hawaiʻi Association of REALTORS; Hawaiʻi YIMBY; and Housing Hawaiʻi's Future.  Your Committee received testimony in opposition to this measure from the Honolulu Board of Water Supply and Department of Water Supply of the County of Hawaiʻi.

     Your Committee finds that uncertainty around water service availability has increasingly delayed residential permitting and created confusion for property owners, builders, and permitting agencies.  Your Committee further finds that applicants frequently receive inconsistent or outdated information regarding water system limitations, leading to avoidable appeals, stalled construction timelines, and added development costs.

     Your Committee notes the various concerns raised in testimony by the Honolulu Board of Water Supply and Department of Water Supply of the County of Hawaiʻi.  Your Committee has worked with the pertinent stakeholders to ensure their concerns are addressed in this measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Replacing the term "geographic information systems reference maps" with just "maps";

     (2)  Clarifying that the maps must reflect water availability for developments proposed for at least one to four housing units per parcel;

     (3)  Clarifying that the maps must include general descriptions of certain information, rather than specific information, with certain exceptions;

     (4)  Extending the date when the boards of water supply are required to publish the maps on their websites;

     (5)  Deleting language that would have authorized:

          (A)  A parcel owner to appeal if the owner disagrees with any map or analysis published by the applicable board of water supply; and

          (B)  Residential building permit applicants and permitting agencies to rely on the most recent applicable map;

     (6)  Authorizing the boards of water supply to add a disclaimer regarding map data;

     (7)  Requiring the boards of water supply to create a process to request a conditional clearance where maps identify water availability;

     (8)  Authorizing the boards of water supply to adopt rules;

     (9)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (10) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1923, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1923, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Housing,