Report Title:

Agriculture, Molokai Irrigation System Water Users Advisory Board

 

Description:

To expand and modify the Molokai Irrigation System Water Users Advisory Board to include seats for a kupuna homestead farmer user and the District Supervisor of the Molokai District Office of the Department of Hawaiian Home Lands voting as an ex officio member.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1010

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO AGRICULTURE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  In recent years, the Hawaii department of agriculture has renewed its commitment to work closely with the Molokai irrigation system water users advisory board (board) and to carefully consider the wishes of the board in its own decision-making.  As a demonstration of this commitment, the department of agriculture and the board held a series of community meetings which led to the development of a "roadmap to improvement" that identifies tasks that the board expects the department of agriculture to complete.  Similarly, the state auditor's February 2008 financial and management audit of the Molokai irrigation system included a number of recommendations that the auditor expects the department of agriculture to complete or "consider" in order to improve the operation of the Molokai irrigation system.  All of the priorities in the "roadmap" have been completed as have most of the recommendations in the audit and the purpose of this Act is to address the recommendation in the state audit that the department of agriculture "Define homestead farmer as it relates to the advisory board to remove any appearance of impropriety;" and to "Consider adding additional homestead farmer seat(s) and develop procedural guidelines on how seats are filled."  The board and the department of agriculture agreed that they would work together to find a fair and equitable way to increase homesteader representation on the board while ensuring that the board continues to represent a broad cross-section of all responsible water users.

     SECTION 2.  Section 167-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Homestead farmer user" means an individual who meets the requirements set forth in the department of Hawaiian home lands rules, specifically sections 10-3-2 and 10-3-24, and who is farming on lands that are owned by the department of Hawaiian home lands and served by the Molokai irrigation system.

     "Kupuna homestead farmer user" means an individual who is a fair-minded, elder homesteader possessing knowledge, wisdom, and experience, widely respected within the Molokai native Hawaiian community, and residing on a homestead parcel with a Molokai irrigation system water meter.  The individual shall be a former or current farmer who is working or has worked in the agricultural industry on Molokai."

     SECTION 3.  Section 167-23, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§167-23[]]  Molokai irrigation system water users advisory board; establishment; meetings.  (a)  There is established a Molokai irrigation system water users advisory board, consisting of seven members including a chairperson, all of whom are to be appointed by the governor under section 26-34. 

The [advisory board] seven appointed members shall [consist of six members, as follows:] be comprised of:

     (1)  A homestead farmer user on Molokai;

     (2)  A nonhomestead farmer user on Molokai;

     (3)  The designee (by name rather than office) of the Molokai Farm Bureau;

     (4)  The designee (by name rather than office) of Hikiola Cooperative, Inc.;

     (5)  The designee (by name rather than office) of the Molokai-Lanai soil and water conservation district; and

     (6)  [The designee (by name rather than office) of the department of Hawaiian home lands.A kupuna homestead farmer user on Molokai whose nomination has been recommended by the commissioner for Molokai of the department of Hawaiian home lands and approved for submittal to the Governor by majority vote of all homesteaders then serving on the advisory board; and

     (7)  The district supervisor of the Molokai district office of the department of Hawaiian home lands shall serve as an ex officio voting member.

     The members of the advisory board shall serve without compensation, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.  For administrative purposes, and pursuant to section 26-35, the advisory board shall be placed within the department of agriculture.

     (b)  The advisory board shall meet with the department of agriculture at least six times each year.  The meetings shall be held on Molokai, whenever possible.

     (c)  Four members of the board shall constitute a quorum at any meeting.  No member of the board shall be qualified to act in matters directly involving a company or organization of which the board member is an officer, director, member, or full-time employee, or to which the board member is indebted.

     (d)  The advisory board's duties and responsibilities shall be to advise the department on matters of concern to all of the users of the system, to provide support for improvements to the irrigation facilities, to participate in the long-range planning of the system, and to act as liaison between all of the users and the department."

     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, 2009.

 

INTRODUCED BY:

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By Request