Hawaii 2024 Regular Session

Hawaii Senate Bill SB2955 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 2955 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to infrastructure. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 2955
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	2955
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2024
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to infrastructure.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that dams and reservoirs form a critical part of Hawaii's infrastructure, providing numerous benefits upon which the State's communities depend. In addition to storing and delivering a reliable source of water for agriculture, assisting with flood control during large storms, mitigating erosion, reducing sediment runoff to nearshore ocean reefs, and storing drinking water, dams and reservoirs play a crucial and often overlooked role -- providing water for fire suppression. The legislature further finds that the continued availability and operation of dams and reservoirs are extremely important for food and water sustainability and public health and safety. By capturing storm water that would otherwise rush to the ocean, reservoirs help recharge the State's groundwater aquifers, which are a primary source for much of Hawaii's drinking water. Providing renewable energy through the use of hydropower is also another significant community benefit derived from dams and reservoirs. The purpose of this Act is to establish a dam and reservoir working group to ensure and enhance the continued availability and operation of dams and reservoirs in the State. SECTION 2. (a) There is established a dam and reservoir working group, to be placed within the office of planning and sustainable development for administrative purposes only. (b) The dam and reservoir working group shall consist of the following members: (1) The director of the office of planning and sustainable development or the director's designee, who shall serve as the chairperson of the working group; (2) The chairperson of the board of land and natural resources or the chairperson's designee; (3) The chairperson of the board of agriculture or the chairperson's designee; (4) The deputy for water resource management of the commission on water resource management or the deputy's designee; (5) One representative of the Hawaii emergency management agency, who shall be appointed by the governor; (6) One representative of the emergency management agency of each county, who shall be appointed by the respective mayor; (7) One representative of the board or department of water supply of each county, who shall be appointed by the respective mayor; (8) One representative of the fire department of each county, who shall be appointed by the respective mayor; (9) One representative of the Hawaii Cattlemen's Council, who shall be invited by the president of the senate; (10) One representative of the Hawaii Farm Bureau, who shall be invited by the speaker of the house of representatives; (11) One representative of the Land Use Research Foundation of Hawaii, who shall be invited by the president of the senate; (12) Two owners of dams and reservoirs regulated by the department of land and natural resources, to be invited by the president of the senate; and (13) Two current or potential agricultural users of water from reservoirs, to be invited by the speaker of the house of representatives. Any vacancy in the working group shall be filled in the manner provided for the initial appointment or invitation. (c) The dam and reservoir working group shall: (1) Review applicable state laws, administrative rules, and operational policies as well as studies relating to dams and reservoirs; (2) Determine the current and potential uses of each of the one hundred twenty-seven dams and reservoirs throughout the State that are regulated by the department of land and natural resources; (3) Determine the appropriate state or county entity to own, operate, and maintain the government-owned and department of land and natural resources-regulated dams and reservoirs, based on current and potential uses; (4) Develop criteria for prioritizing public investments in dams and reservoirs; (5) Prioritize dams and reservoirs by county, based on agreed-upon criteria; (6) Develop a policy framework for expending public funds to remediate or decommission dams and reservoirs; (7) Develop a ten-year dam and reservoir financial and management plan to address priority dams and reservoirs by county; and (8) Prepare and propose appropriate legislation to implement the dam and reservoir financial and management plan. (d) The dam and reservoir working group shall submit a report of its findings and recommendations, including any proposed legislation, amendments to rules, policy modifications, or other actions, to the legislature no later than sixty days prior to the convening of the regular session of 2026. (e) The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. (f) The dam and reservoir working group shall cease to exist on June 30, 2026. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to support the work of the dam and reservoir working group; provided that the appropriation shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation that are unencumbered as of June 30, 2026, shall lapse as of that date. The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act. SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 5. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that dams and reservoirs form a critical part of Hawaii's infrastructure, providing numerous benefits upon which the State's communities depend. In addition to storing and delivering a reliable source of water for agriculture, assisting with flood control during large storms, mitigating erosion, reducing sediment runoff to nearshore ocean reefs, and storing drinking water, dams and reservoirs play a crucial and often overlooked role -- providing water for fire suppression.
50	50
51	51	The legislature further finds that the continued availability and operation of dams and reservoirs are extremely important for food and water sustainability and public health and safety. By capturing storm water that would otherwise rush to the ocean, reservoirs help recharge the State's groundwater aquifers, which are a primary source for much of Hawaii's drinking water. Providing renewable energy through the use of hydropower is also another significant community benefit derived from dams and reservoirs.
52	52
53	53	The purpose of this Act is to establish a dam and reservoir working group to ensure and enhance the continued availability and operation of dams and reservoirs in the State.
54	54
55	55	SECTION 2. (a) There is established a dam and reservoir working group, to be placed within the office of planning and sustainable development for administrative purposes only.
56	56
57	57	(b) The dam and reservoir working group shall consist of the following members:
58	58
59	59	(1) The director of the office of planning and sustainable development or the director's designee, who shall serve as the chairperson of the working group;
60	60
61	61	(2) The chairperson of the board of land and natural resources or the chairperson's designee;
62	62
63	63	(3) The chairperson of the board of agriculture or the chairperson's designee;
64	64
65	65	(4) The deputy for water resource management of the commission on water resource management or the deputy's designee;
66	66
67	67	(5) One representative of the Hawaii emergency management agency, who shall be appointed by the governor;
68	68
69	69	(6) One representative of the emergency management agency of each county, who shall be appointed by the respective mayor;
70	70
71	71	(7) One representative of the board or department of water supply of each county, who shall be appointed by the respective mayor;
72	72
73	73	(8) One representative of the fire department of each county, who shall be appointed by the respective mayor;
74	74
75	75	(9) One representative of the Hawaii Cattlemen's Council, who shall be invited by the president of the senate;
76	76
77	77	(10) One representative of the Hawaii Farm Bureau, who shall be invited by the speaker of the house of representatives;
78	78
79	79	(11) One representative of the Land Use Research Foundation of Hawaii, who shall be invited by the president of the senate;
80	80
81	81	(12) Two owners of dams and reservoirs regulated by the department of land and natural resources, to be invited by the president of the senate; and
82	82
83	83	(13) Two current or potential agricultural users of water from reservoirs, to be invited by the speaker of the house of representatives.
84	84
85	85	Any vacancy in the working group shall be filled in the manner provided for the initial appointment or invitation.
86	86
87	87	(c) The dam and reservoir working group shall:
88	88
89	89	(1) Review applicable state laws, administrative rules, and operational policies as well as studies relating to dams and reservoirs;
90	90
91	91	(2) Determine the current and potential uses of each of the one hundred twenty-seven dams and reservoirs throughout the State that are regulated by the department of land and natural resources;
92	92
93	93	(3) Determine the appropriate state or county entity to own, operate, and maintain the government-owned and department of land and natural resources-regulated dams and reservoirs, based on current and potential uses;
94	94
95	95	(4) Develop criteria for prioritizing public investments in dams and reservoirs;
96	96
97	97	(5) Prioritize dams and reservoirs by county, based on agreed-upon criteria;
98	98
99	99	(6) Develop a policy framework for expending public funds to remediate or decommission dams and reservoirs;
100	100
101	101	(7) Develop a ten-year dam and reservoir financial and management plan to address priority dams and reservoirs by county; and
102	102
103	103	(8) Prepare and propose appropriate legislation to implement the dam and reservoir financial and management plan.
104	104
105	105	(d) The dam and reservoir working group shall submit a report of its findings and recommendations, including any proposed legislation, amendments to rules, policy modifications, or other actions, to the legislature no later than sixty days prior to the convening of the regular session of 2026.
106	106
107	107	(e) The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
108	108
109	109	(f) The dam and reservoir working group shall cease to exist on June 30, 2026.
110	110
111	111	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to support the work of the dam and reservoir working group; provided that the appropriation shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation that are unencumbered as of June 30, 2026, shall lapse as of that date.
112	112
113	113	The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
114	114
115	115	SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:
116	116
117	117	(1) The appropriation made in this Act is necessary to serve the public interest; and
118	118
119	119	(2) The appropriation made in this Act meets the needs addressed by this Act.
120	120
121	121	SECTION 5. This Act shall take effect on July 1, 2024.
122	122
123	123
124	124
125	125	INTRODUCED BY: _____________________________
126	126
127	127	INTRODUCED BY:
128	128
129	129	_____________________________
130	130
131	131
132	132
133	133
134	134
135	135	Report Title: Dam and Reservoir Working Group; Appropriation; Expenditure Ceiling Description: Establishes a dam and reservoir working group to ensure and enhance the continued availability and operation of dams and reservoirs in the State and consider their role in drought mitigation and the maintenance of a dependable water supply. Appropriates funds. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
136	136
137	137
138	138
139	139
140	140
141	141	Report Title:
142	142
143	143	Dam and Reservoir Working Group; Appropriation; Expenditure Ceiling
144	144
145	145
146	146
147	147	Description:
148	148
149	149	Establishes a dam and reservoir working group to ensure and enhance the continued availability and operation of dams and reservoirs in the State and consider their role in drought mitigation and the maintenance of a dependable water supply. Appropriates funds.
150	150
151	151
152	152
153	153
154	154
155	155
156	156
157	157	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.