| 47 | | - | 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 the owners and operators of wells and stream diversion works. 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] or outside of the water management 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. (c) A water shortage declaration issued pursuant to subsection (b) shall expire after ninety days; provided that the commission may extend the duration of a water shortage declaration if the commission determines that the continuance of a water shortage declaration is necessary after reviewing the appropriate criteria and hydrologic conditions. [(c)] (d) In accordance with the plan adopted under subsection (a), the commission may impose [such] restrictions on one or more classes of permits and on the owners and operators of wells and stream diversion works that are located outside of water management areas 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[.]; provided that a water usage restriction imposed by the commission pursuant to this subsection shall not exceed twenty per cent of the permittee's or owner and operator's last reported monthly water usage; provided further that the commission shall consider a permittee's or owner and operator's monthly water usage to be zero if the permittee or owner and operator has not reported water usage within the twelve months before the date that a water shortage declaration is issued. [(d) A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by rule by the commission.] (e) 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, and once a month thereafter 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) 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) The commission shall: (1) Maintain a list of the name and postal address and email address of any person who requests notification of a water shortage declaration; and (2) Send by certified mail or email a copy of a notice of a water shortage declaration to persons on the list maintained pursuant to paragraph (1) whenever a water shortage is declared. [(g)] (h) 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)] (d) 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] the 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 on July 1, 2040. |
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| 47 | + | 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 the owners and operators of wells and stream diversion works. 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] or outside of the water management 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. (c) A water shortage declaration issued pursuant to subsection (b) shall expire after ninety days; provided that the commission may extend the duration of a water shortage declaration if the commission determines that the continuance of a water shortage declaration is necessary after reviewing the appropriate criteria and hydrologic conditions. [(c)] (d) In accordance with the plan adopted under subsection (a), the commission may impose [such] restrictions on one or more classes of permits and on the owners and operators of wells and stream diversion works that are located outside of water management areas 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[.]; provided that a water usage restriction imposed by the commission pursuant to this subsection shall not exceed twenty per cent of the permittee's or owner and operator's last reported monthly water usage; provided further that the commission shall consider a permittee's or owner and operator's monthly water usage to be zero if the permittee or owner and operator has not reported water usage within the twelve months before the date that a water shortage declaration is issued. [(d) A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by rule by the commission.] (e) 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, and once a month thereafter 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) 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) The commission shall: (1) Maintain a list of the name and postal address and email address of any person who requests notification of a water shortage declaration; and (2) Send by certified mail or email a copy of a notice of a water shortage declaration to persons on the list maintained pursuant to paragraph (1) whenever a water shortage is declared. [(g)] (h) 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] the 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 on July 1, 2040. |
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