SB 145: RELATING TO DECLARATION OF WATER SHORTAGE AND EMERGENCY.

A BILL FOR AN ACT

relating to declaration of water shortage and emergency.

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

     SECTION 1.  The legislature finds that the commission on water resource management must formulate water shortage plans and adopt a reasonable system of permit classification through rulemaking to properly plan for future water shortages and provide stakeholders an opportunity to participate in the process.  With such plans and permit classifications, future restrictions on water use would be applied uniformly and individual users would know in advance their relative priority during periods of water shortage.

     The legislature further finds that the commission on water resource management should have the ability to adopt water shortage plans, permit classifications, and criteria outside of water management areas and should apply these plans to well and stream diversion works owners and operators.  As recent droughts have revealed, water shortages and emergencies can occur quickly.  In 2024, all islands experienced drought conditions, and many areas suffered from severe to extreme drought.  Therefore, it is necessary to ensure effective and transparent planning for water shortages within and outside of designated water management areas.

     Accordingly, the purpose of this Act is to amend the conditions, manner, and areas in which the commission on water resource management can declare and provide notice of water shortages and emergencies.

     SECTION 2.  Section 174C-62, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-62[]]  Declaration of water shortage.  (a)  The commission shall, by rule, formulate a plan for implementation during periods of water shortage.  As a part of the plan, the commission shall, by rule, adopt a reasonable system of permit classification according to source of water supply, method of extraction or diversion, use of water, or a combination thereof.

     (b)  The commission[, by rule,] may declare that a water shortage exists within all or part of an area, whether within or outside of a water management area, when insufficient water is available to meet the requirements of the permit system or when conditions are such as to require a temporary reduction in total water use within the area to protect water resources from serious harm.  The commission shall publish, by rule, a set of criteria for determining when a water shortage exists[.], including but not limited to impacts and effects of the climate crisis.

     (c)  In accordance with the plan adopted under subsection (a), the commission may impose such restrictions on one or more classes of permits and outside of management areas on well and stream diversion works owners and operators as may be necessary to protect the water resources of the area from serious harm and to restore them to their previous water quantity or chloride level condition.

     [(d)  A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by rule by the commission.

     (e)] (d)  When a water shortage is declared, the commission shall cause a notice [thereof] of the water shortage to be published in a prominent place in a newspaper of general circulation throughout the area[.] and on the commission's website.  The notice shall be published each day for the first week of the shortage and once a week [thereafter] for four months, followed by monthly publications until the declaration is rescinded.  The notice shall remain on the commission's website until the declaration is rescinded.  Publication of [such] the notice shall serve as notice to all water users in the area of the condition of water shortage.

     [(f)] (e)  The commission shall cause each permittee in the area to be notified by regular mail and, if the permittee's electronic mail address is known, by electronic mail of any change in the conditions of the permittee's permit, any suspension [thereof,] of the permittee's permit, or of any other restriction on the use of water for the duration of the water shortage.

     [(g)] (f)  If an emergency condition arises due to a water shortage within any area, whether within or outside of a water management area, and if the commission finds that the restrictions imposed under subsection (c) are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, municipal, agricultural, or other reasonable uses, the commission may issue orders reciting the existence of such emergency and requiring that such actions as the commission deems necessary to meet the emergency be taken, including but not limited to apportioning, rotating, limiting, or prohibiting the use of the water resources of the area.  Any party to whom an emergency order is directed may challenge such an order but shall immediately comply with the order, pending disposition of the party's challenge.  The commission shall give precedence to a hearing on such challenge over all other pending matters."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Commission on Water Resource Management; Water Shortage and Emergency; Declaration; Notice

Description:

Amends the conditions, manner, and areas in which the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies.

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. 952

Honolulu, Hawaii

RE:    S.B. No. 145

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 145 entitled:

"A BILL FOR AN ACT RELATING TO DECLARATION OF WATER SHORTAGE AND EMERGENCY,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the conditions, manner, and areas in which the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Honolulu Board of Water Supply, Climate Change and Health Working Group, and one individual.

     Your Committee received testimony in opposition to this measure from the Land Use Research Foundation of Hawaii and Hawaiʻi Farm Bureau.

     Your Committee finds that as an island state, Hawaiʻi has a finite amount of water resources.  However, factors such as climate change and aging water infrastructure can lead to water shortages, impacting thousands of customers.  As recent prolonged drought events have created a greater demand for water, the State must have the ability to determine appropriate access to water resources during a critical emergency.  Therefore, this measure takes a proactive approach to water conservation through greater flexibility in determining a declaration of water shortage and emergency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 145 and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 293

Honolulu, Hawaii

RE:    S.B. No. 145

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.B. No. 145 entitled:

"A BILL FOR AN ACT RELATING TO DECLARATION OF WATER SHORTAGE AND EMERGENCY,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the conditions, manner, and areas in which the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that currently, Hawaii Revised Statutes prevents the Commission on Water Resource Management (Commission) from declaring a water shortage in non-designated water management areas.  Your Committee further finds that the Commission should have the ability to adopt water shortage plans, permit classifications, and criteria outside of water management areas and should apply these plans to well and stream diversion works owners and operators.  As recent droughts have demonstrated, water shortages and emergencies can occur quickly.  This measure will provide the Commission with the flexibility necessary to respond to conditions anywhere in the State that threaten the State's water supplies when issuing water shortage declarations.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 145 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water and Land,