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HB510
HOUSE OF REPRESENTATIVES
H.B. NO.
510
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to declaration of water shortage and emergency
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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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.
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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.
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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.
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Therefore, it is necessary to ensure effective and transparent planning
for water shortages within and outside of designated water management areas.
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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.
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SECTION 2.
�
Section 174C-62, Hawaii Revised Statutes,
is amended to read as follows:
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"
[
[
]
�17
4C-62[
]
]
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Declaration of
water shortage
.
�
(a)
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The commission shall
, by rule,
formulate a plan for
implementation during periods of water shortage.
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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.
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(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.
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(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.
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[
(d)
�
A declaration of water shortage and any measures adopted pursuant
thereto may be rescinded by rule by the commission.
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(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.
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Publication of [
such
]
the
notice shall serve as notice to all water users in the area of the
condition of water shortage.
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[
(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.
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[
(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.
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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.
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The commission shall give precedence to a
hearing on such challenge over all other pending matters.
"
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SECTION 3.
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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.
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.