SB 2240: Land Use Commission; Commission on Water Resources Management; District Boundary Amendment
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-06
Current Status:
Failed
(2026-03-12: Referred to WAL, JHA, referral sheet 17)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires anyone asking the Land Use Commission to change a district boundary to get a written statement from the Commission on Water Resources Management about current water availability in the hydrologic unit(s) where the land sits and give that statement to the Land Use Commission. It applies to petitions for conservation lands, lands designated or proposed as important agricultural lands, and lands larger than fifteen acres.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires any petitioner for a district boundary amendment to obtain certification from the Commission on Water Resources Management that enough water is available for the project needs without causing harm to the relevant aquifers and provide that certification to the Land Use Commission.
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THE SENATE |
S.B. NO. |
2240 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H‑38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Upon proper filing of a petition pursuant to subsection (a), the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
(c) Before the filing of any petition for a district boundary amendment, the petitioner shall submit to the land use commission a written statement from the commission on water resources management on current water availability in the hydrologic unit or units where the parcel is located.
For the purposes of this subsection, "hydrologic unit" has the same meaning as defined in section 174C-3.
[(c)]
(d) Any other provision of law to
the contrary notwithstanding, notice of the hearing together with a copy of the
petition shall be served on the county planning commission and the county
planning department of the county in which the land is located and all persons
with a property interest in the land as recorded in the county's real property
tax records. In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings, and public notice shall
be given at least once in the county in which the land sought to be
redistricted is situated as well as once statewide at least thirty days in
advance of the hearing. The notice shall
comply with section 91-9, shall indicate the time and place that maps showing
the proposed district boundary may be inspected, and further shall inform all
interested persons of their rights under subsection [(e).] (f).
[(d)]
(e) Any other provisions of law
to the contrary notwithstanding, [prior to] before the hearing of
a petition, the commission and its staff may view and inspect any land [which]
that is the subject of the petition.
[(e)]
(f) Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection[.]:
(1) The petitioner, the office of planning and sustainable development, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change;
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention;
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention;
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted; provided that the commission or its hearing officer, if one is appointed, may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that:
(A) The position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and
(B) The admission of additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied may appeal the denial to the circuit court pursuant to section 91-14; and
(5) The commission, pursuant to chapter 91, shall
adopt rules governing the intervention of agencies and persons under this
subsection. The rules shall [without
limitation] establish[:] without limitation:
(A) The information to be set forth in any application for intervention;
(B) The limits within which applications shall be filed; and
(C) Reasonable filing fees to accompany applications.
[(f)]
(g) Together with other witnesses
that the commission may desire to hear at the hearing, [it] the
commission shall allow a representative of a citizen or a community group
to testify who indicates a desire to express the view of [such] the
citizen or community group concerning the proposed boundary change.
[(g)]
(h) Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with [such] the
representations, the commission shall issue and serve upon the party bound by
the condition an order to show cause why the property should not revert to its
former land use classification or be changed to a more appropriate
classification. [Such] The
conditions, if any, shall run with the land and be recorded in the bureau of
conveyances.
[(h)]
(i) No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and
205-17. Six affirmative votes of the
commission shall be necessary for any boundary amendment under this section.
[(i)]
(j) Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14[,]; provided that the court may
also reverse or modify a finding of the commission if [such] the
finding appears to be contrary to the clear preponderance of the evidence.
[(j)]
(k) At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change. The commission may but shall not
be required to approve [such] the stipulations based on the
evidence adduced."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Land Use Commission; Commission on Water Resources Management; District Boundary Amendment
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2240 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H‑38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Upon proper filing of a petition pursuant to subsection (a), the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
(c) Before the filing of any petition for a district boundary amendment, the petitioner shall submit to the land use commission a written statement from the commission on water resources management on current water availability in the hydrologic unit or units where the parcel is located.
For the purposes of this subsection, "hydrologic unit" has the same meaning as defined section 174C-3.
[(c)]
(d) Any other provision of law to
the contrary notwithstanding, notice of the hearing together with a copy of the
petition shall be served on the county planning commission and the county
planning department of the county in which the land is located and all persons
with a property interest in the land as recorded in the county's real property
tax records. In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings, and public notice shall
be given at least once in the county in which the land sought to be
redistricted is situated as well as once statewide at least thirty days in
advance of the hearing. The notice shall
comply with section 91-9, shall indicate the time and place that maps showing
the proposed district boundary may be inspected, and further shall inform all
interested persons of their rights under subsection [(e).] (f).
[(d)]
(e) Any other provisions of law
to the contrary notwithstanding, [prior to] before the hearing of
a petition, the commission and its staff may view and inspect any land [which]
that is the subject of the petition.
[(e)]
(f) Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection[.]:
(1) The petitioner, the office of planning and sustainable development, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change;
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention;
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention;
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted; provided that the commission or its hearing officer, if one is appointed, may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that:
(A) The position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and
(B) The admission of additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied may appeal the denial to the circuit court pursuant to section 91-14; and
(5) The commission, pursuant to chapter 91, shall adopt rules governing the intervention of agencies and persons under this subsection. The rules shall without limitation establish:
(A) The information to be set forth in any application for intervention;
(B) The limits within which applications shall be filed; and
(C) Reasonable filing fees to accompany applications.
[(f)]
(g) Together with other witnesses
that the commission may desire to hear at the hearing, [it] the
commission shall allow a representative of a citizen or a community group
to testify who indicates a desire to express the view of [such] the
citizen or community group concerning the proposed boundary change.
[(g)]
(h) Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with [such] the
representations, the commission shall issue and serve upon the party bound by
the condition an order to show cause why the property should not revert to its
former land use classification or be changed to a more appropriate
classification. [Such] The
conditions, if any, shall run with the land and be recorded in the bureau of
conveyances.
[(h)]
(i) No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and
205-17. Six affirmative votes of the
commission shall be necessary for any boundary amendment under this section.
[(i)]
(j) Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14[,]; provided that the court may
also reverse or modify a finding of the commission if [such] the
finding appears to be contrary to the clear preponderance of the evidence.
[(j)]
(k) At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change. The commission may but shall not
be required to approve [such] any stipulations based on the
evidence adduced."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Land Use Commission; Commission on Water Resources Management; District Boundary Amendment
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2240 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to land use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H‑38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Upon proper filing of a petition pursuant to subsection (a) the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
(c) Prior to the filing of any petition for a district boundary amendment, the petitioner shall receive certification from the commission on water resources management that sufficient water is available for the project needs without causing harm to the relevant aquifers and submit that certification to the commission.
[(c)]
(d) Any other provision of law to
the contrary notwithstanding, notice of the hearing together with a copy of the
petition shall be served on the county planning commission and the county
planning department of the county in which the land is located and all persons
with a property interest in the land as recorded in the county's real property
tax records. In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings, and public notice shall
be given at least once in the county in which the land sought to be
redistricted is situated as well as once statewide at least thirty days in
advance of the hearing. The notice shall
comply with section 91-9, shall indicate the time and place that maps showing
the proposed district boundary may be inspected, and further shall inform all
interested persons of their rights under subsection [(e)] (f).
[(d)]
(e) Any other provisions of law
to the contrary notwithstanding, prior to hearing of a petition the commission
and its staff may view and inspect any land [which] that is the
subject of the petition.
[(e)]
(f) Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection.
(1) The petitioner, the office of planning and sustainable development, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change;
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention;
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention;
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted; provided that the commission or its hearing officer, if one is appointed, may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that:
(A) The position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and
(B) The admission of additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied may appeal the denial to the circuit court pursuant to section 91-14; and
(5) The commission, pursuant to chapter 91, shall adopt rules governing the intervention of agencies and persons under this subsection. The rules shall without limitation establish:
(A) The information to be set forth in any application for intervention;
(B) The limits within which applications shall be filed; and
(C) Reasonable filing fees to accompany applications.
[(f)]
(g) Together with other witnesses
that the commission may desire to hear at the hearing, it shall allow a
representative of a citizen or a community group to testify who indicates a
desire to express the view of [such] the citizen or community
group concerning the proposed boundary change.
[(g)]
(h) Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with [such] the
representations, the commission shall issue and serve upon the party bound by
the condition an order to show cause why the property should not revert to its
former land use classification or be changed to a more appropriate
classification. [Such] The
conditions, if any, shall run with the land and be recorded in the bureau of
conveyances.
[(h)]
(i) No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and
205-17. Six affirmative votes of the
commission shall be necessary for any boundary amendment under this section.
[(i)]
(j) Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14, provided that the court may also reverse or
modify a finding of the commission if [such] that finding appears
to be contrary to the clear preponderance of the evidence.
[(j)]
(k) At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change. The commission may but shall not
be required to approve [such] stipulations based on the evidence
adduced."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Land Use Commission; Commission on Water Resources Management; District Boundary Amendment
Description:
Requires any petitioner for a district boundary amendment to obtain certification from the Commission on Water Resources Management that enough water is available for the project needs without causing harm to the relevant aquifers and provide that certification to the Land Use Commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Mar 12, 2026 | Referred to WAL, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 195) in amended form (SD 2). |
| Mar 10, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3010) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 23, 2026 | The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 20, 2026 | Reported from WLA (Stand. Com. Rep. No. 2510) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 13, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 4 Aye(s): Senator(s) Lee, C., Inouye, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Chang. |
| Feb 6, 2026 | The committee(s) on WLA deferred the measure until 02-13-26 1:00PM; CR 224 & Videoconference. |
| Feb 3, 2026 | The committee(s) on WLA has scheduled a public hearing on 02-06-26 1:00PM; CR 224 & Videoconference. |
| Jan 26, 2026 | Referred to WLA, JDC. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 14, 2026 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 13, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water, Land, Culture and the Arts |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Department of Land and Natural Resources | *** Support | Feb 27, 2026 |
| Food+ Policy | *** Support | Feb 27, 2026 |
| Maui Chamber of Commerce | ** Against | |
| Office of Planning and Sustainable Development | *** Support | Feb 27, 2026 |
STAND. COM. REP. NO. 3010
Honolulu, Hawaii
RE: S.B. No. 2240
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2240, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
begs leave to report as follows:
The purpose and intent of this measure is to require any petitioner for a district boundary amendment to obtain a written statement from the Commission on Water Resources Management on water availability in the hydrologic unit or units where the parcel is located and provide that certification to the Land Use Commission.
Your Committee finds that aquifers and groundwater in the State are extremely vulnerable to depletion, mismanagement, and contamination. Your Committee further finds that additional coordination between the Commission on Water Resource Management and the Land Use Commission is necessary for successful projects that involve water use. Therefore, this measure will modernize petition standards and ensure that water availability information is clearly incorporated into decision-making for district boundary amendments.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
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. 2240, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2240, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2510
Honolulu, Hawaii
S.D. 1
President of the Senate
Thirty-Third State Legislature
State of Hawaii
Sir:
Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2240 entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
begs leave to report as follows:
The purpose and intent of this measure is to require any petitioner for a district boundary amendment to obtain certification from the Commission on Water Resources Management that enough water is available for the project needs without causing harm to the relevant aquifers and provide that certification to the Land Use Commission.
Your Committee received testimony in support of this measure from the Hawaiʻi Food+ Policy and one individual.
Your Committee received testimony in opposition to this measure from the Maui Chamber of Commerce.
Your Committee received comments on this measure from the Department of Land and Natural Resources and Office of Planning and Sustainable Development.
Your Committee finds that ground water is a finite resource, that is threatened by contamination or damage to aquifers and the negative impacts of climate change. Because of these challenges, your Committee believes the Commission on Water Resource Management must update standards for petitions to amend district boundaries in order to fulfill its main purpose of upholding the Public Trust Doctrine. This measure better accounts for the drier future expected in the State and will support the access to safe, clean, and drinkable water for the people of the State.
Your Committee acknowledges the recommendations raised in testimony by the Department of Land and Natural Resources and the Office of Planning and Sustainable Development that the "certification" required in this measure should be clarified to avoid implying a legal duty or guarantee regarding water availability and impacts to aquifers, and that "hydrologic unit" is a more general term that would encompass both ground and surface water resources. Amendments to this measure are therefore necessary to adopt these recommendations.
Accordingly, your Committee has amended this measure by:
(1) Deleting language that would have required any petitioner for a district boundary amendment to obtain certification from the Commission on Water Resources Management that enough water is available for the project needs without causing harm to the relevant aquifers and provide that certification to the Land Use Commission;
(2) Specifying that, before the filing of any petition to the Land Use Commission for a district boundary amendment, the petitioner shall submit a written statement from the Commission on Water Resource Management on current water availability in the hydrologic unit or units where the parcel is located;
(3) Inserting a definition of "hydrologic unit" to have the same meaning as defined in section 174C-3, Hawaii Revised Statutes;
(4) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2240, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2240, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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Date
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Testimony PDF
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| Feb 27, 2026 | SB2240_SD1_TESTIMONY_JDC_02-27-26_.PDF |
| Feb 6, 2026 | SB2240_TESTIMONY_WLA_02-06-26_.PDF |
Discussed in Hearing
36SEC
Senate Standing Committee on Judiciary
42SEC
Senate Standing Committee on Water, Land, Culture and the Arts
13MIN
Senate Standing Committee on Water, Land, Culture and the Arts
15SEC
Senate Standing Committee on Water, Land, Culture and the Arts
Bill Author
Bill Co-Author(s):
