SB 3 Hawaii Senate · 2025 Regular Session

RELATING TO WATER.

Summary
Establishes a public trust purpose for the Commission on Water Resource Management. Allows the Commission on Water Resource Management to retain independent counsel. Repeals the First Deputy to the Chairperson of the Commission on Water Resource Management. Establishes the Executive Director of the Commission on Water Resource Management. Administratively attaches the Commission on Water Resource Management to the Department of Land and Natural Resources. Authorizes members of the Commission on Water Resource Management to be eligible to serve as chairperson. Requires the Chairperson of the Board of Land and Natural Resources and Director of Health to serve as ex officio voting members ineligible to serve as chairperson. Authorizes entities to whom an emergency order is directed to challenge the order under certain conditions. Clarifies the notification requirements and contents of declarations of water shortages. Establishes fines. Makes conforming amendments. Effective 7/1/2050. (SD1)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2025 Last action Feb 12, 2025
Maddy AI version diff · 1 comparison

What changed between versions

SB3 → SB3_SD1 · 9 edits
MAJOR
This bill fundamentally restructures the Commission on Water Resource Management (CWRM) by establishing a public trust purpose for water management, creating a new Executive Director position to replace the First Deputy, and attaching the commission administratively to the Department of Land and Natural Resources. It also significantly increases penalties for water violations and clarifies emergency order procedures.
Scope change
The bill expands the commission's authority to prioritize public trust purposes in water permit applications and adds the Department of Land and Natural Resources as the administrative home for the commission.
DEFINITION

Added a new definition of 'public trust purpose' that prioritizes maintaining water in its natural state, Native Hawaiian traditional practices, domestic water uses, and Hawaiian home land reservations.

REQUIREMENT

Replaced the First Deputy to the Chairperson position with a new Executive Director position, changing appointment authority to the commission itself rather than the chairperson.

Requires the commission to prioritize public trust purpose applications over other water permit applications in its review process.

Changed the commission's composition by adding the Chairperson of the Board of Land and Natural Resources and Director of Health as ex officio voting members who cannot serve as chairperson.

Established a requirement that at least one commission member have expertise in traditional Hawaiian water resource management techniques.

ENFORCEMENT

Increased maximum fines for water violations from $5,000 to $60,000 per violation and clarified that each day a violation continues constitutes a separate offense.

Allows entities to challenge emergency orders from the commission under specific conditions, requiring the commission to give precedence to these hearings.

ELIGIBILITY

Added the Executive Director of CWRM to the list of state officials who are prohibited from representing clients before the legislature for one year after leaving office.

TECHNICAL

Changed the effective date of the bill from January 2025 to July 1, 2050.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
5
Feb 12, 2025
Committee
Reported from WTL/PSM (Stand. Com. Rep. No. 376) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
upper
Feb 3, 2025
Upper · Passed
The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 3 Aye(s): Senator(s) Elefante, Wakai, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Fukunaga, Rhoads.
upper
Feb 3, 2025
Upper · Passed
The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 5 Aye(s): Senator(s) Inouye, Elefante, Chang, McKelvey, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Jan 31, 2025
Upper · Passed
The committee(s) on WTL/PSM has scheduled a public hearing on 02-03-25 1:05PM; Conference Room 229 & Videoconference.
upper
Jan 16, 2025
Committee
Referred to WTL/PSM, JDC/WAM.
upper
Jan 15, 2025
Introduced
Introduced and passed First Reading.
upper
Jan 8, 2025
Introduced
Pending Introduction.
upper
5 primary · 1 co-sponsor

Sponsors