HOUSE OF REPRESENTATIVES

H.B. NO.

2671

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SUSTAINABILITY.

 

 

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

 


PART I

     SECTION 1.  Pursuant to Act 181, Session Laws of Hawaii 2011, the University of Hawaii public policy center, in consultation with the office of planning, submitted a report to the legislature identifying the progress made in implementing the sustainability guidelines and principles set forth in Act 181, and making recommendations for legislation or other action to facilitate their full implementation.

     The major recommendations made by the University of Hawaii public policy center in response to Act 181, Session Laws of Hawaii 2011, include:

     (1)  Convening the Hawaii statewide sustainability partnership, a statewide network of state, county, private sector, and community organizations; and

     (2)  Appropriating funds to the office of planning to support development of statewide sustainability, measures of accountability, including benchmarks, indicators, data, and data sources.

     SECTION 2.  Hawaii statewide sustainability partnership. (a)  The office of planning may convene the Hawaii statewide sustainability partnership.

     (b)  The Hawaii statewide sustainability partnership shall consist of eleven members as follows:

     (1)  The director of the office of planning or the director's designee;

     (2)  A representative from each of the four counties to be appointed by the mayor of each county;

     (3)  A representative of the University of Hawaii public policy center with a degree or certificate in urban sustainability or a related field to be appointed by the president of the University of Hawaii;

     (4)  A representative from the Land Use Research Foundation of Hawaii;

     (5)  A representative from the Building Trades Council;

     (6)  A representative from the Hawaii Farm Bureau Federation;

     (7)  A representative appointed by the president of the senate; and

     (8)  A representative appointed by the speaker of the house of representatives.

     (c)  The Hawaii statewide sustainability partnership shall:

     (1)  Design and organize a collaborative public-private entity that shall be responsible for coordinating the implementation of sustainability guidelines and priorities;

     (2)  Determine key indicators for measuring sustainability and establish benchmarks for measuring short-term and long-term progress;

     (3)  Translate the sustainability principles set forth in Act 181, Session Laws of Hawaii 2011, into clear objectives, specific actions, and accountability measures; and

     (4)  Coordinate sustainability progress among the State and the counties, including data collection, analysis, and reporting of accountability measures.

     (d)  Members of the Hawaii statewide sustainability partnership shall not be compensated, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (e)  Any law to the contrary notwithstanding, the meetings of the Hawaii statewide sustainability partnership may be conducted by telephone or videoconference.

     (f)  The Hawaii statewide sustainability partnership shall submit to the legislature a report of its findings and recommendations, including a specific finding as to whether water allocations are sufficient to support agriculture in the State of Hawaii to achieve sustainability, no later than twenty days prior to the convening of the 2013 regular session. 

     (g)  The office of planning shall submit to the legislature no later than twenty days prior to the convening of the 2013 regular session, a report which shall include an account of the office's efforts to effectuate the purposes of this Act and any recommended policy changes needed to effectuate the purposes of this Act.

PART II

     SECTION 3.  The legislature has often recognized that diversified and economically viable agricultural activities are fundamental to the State's self-sufficiency and sustainability.  Yet, the legislature finds that decisions rendered by the Hawaii supreme court have the effect of undermining the State's self-sufficiency and sustainability goals by not affording adequate water resources for agricultural activities.

     In the Matter of Water Use Permit Applications, 9 P.3d 409 (2000), hereafter Waiahole I, in discussing the public trust doctrine, the Hawaii supreme court stated that "the water resources trust also encompasses a duty to promote the reasonable and beneficial use of water resources in order to maximize their social and economic benefit to the people of this state," and noted that Article XI, section 1 of the state constitution provides that the State "shall promote the development and utilization of [water] resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State." Id. at 451.  In identifying public trust uses, however, the Hawaii supreme court failed to include water for agriculture as a public trust use; however the court did not declare that agriculture is not a public trust use, either.

     The provisions of the State Water Code, chapter 174C, Hawaii Revised Statutes, which was enacted in 1987 and which the Hawaii supreme court has subsequently deemed inartfully drafted in Koolau Agriculture Co., Ltd. v. Commission on Water Resource Management, 927 P.2d 1367 (1996), was premised on a balancing of water needs, rather than on a system of priorities, and accordingly does not provide sufficient legislative guidance on the establishment of priorities for water usage.  This combination of the failure of the Hawaii supreme court to cite water for agriculture as a public trust use and the resulting ambiguities and vagueness of the State Water Code, in light of the court's decision, has resulted in a categorical interpretation by some parties, including some state agencies, that providing water for agriculture is not as important as providing water for domestic uses, traditional and customary native Hawaiian rights, conservation of the resource, or uses by the department of Hawaiian home lands, which are public trust uses named by the Hawaii supreme court.  The legislature recognizes, however, that adequate water supplies are crucial to maintaining a diversified and economically viable agricultural industry, for preserving agricultural lands, and for achieving agricultural self-sufficiency.  In other words, providing adequate water for agricultural activities is a key component to meeting the State's goals of self-sufficiency and sustainability.

     The Hawaii supreme court noted that public trust uses are not static, but evolve over time.  Waiahole I, 9 P.3d at 448, 550.  The importance of agriculture to this State has long been recognized and the people of Hawaii raised this recognition of the importance of agriculture to constitutional status in 1978 with the adoption of Article XI, section 3 of the state constitution.  Today, with the State's focus on sustainability and self-sufficiency, the State's commitment to agriculture must be reaffirmed as it is in the state constitution, including by recognizing that providing adequate water for agriculture is a public trust use on par with domestic uses, uses for traditional and customary native Hawaiian rights, for conservation of the resource, and for uses by the department of Hawaiian home lands.

     SECTION 4.  Section 226-108, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§226-108[]]  Sustainability.  (a)  Priority guidelines and principles to promote sustainability shall include:

     (1)  Encouraging balanced economic, social, community, and environmental priorities;

     (2)  Encouraging planning that respects and promotes living within the natural resources and limits of the State;

     (3)  Promoting a diversified and dynamic economy;

     (4)  Encouraging respect for the host culture;

     (5)  Promoting decisions based on meeting the needs of the present without compromising the needs of future generations;

     (6)  Considering the principles of the ahupuaa system; and

     (7)  Emphasizing that everyone, including individuals, families, communities, businesses, and government, has the responsibility for achieving a sustainable Hawaii.

     (b)  It shall be a policy of the State, through its programs, authorities, and resources to make adequate provision of water resources for agricultural activities in furtherance of the State's self-sufficiency and sustainability.  Water for such agricultural activities shall be deemed a public trust use."

PART III

     SECTION 5.  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 2012-2013 to convene the Hawaii statewide sustainability partnership and to support development of statewide sustainability measures of accountability.

     The sum appropriated shall be expended by the office of planning for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2012.



 

Report Title:

Sustainability; State Planning; Appropriation

 

Description:

Authorizes the office of planning to convene a statewide sustainability partnership, develop sustainability guidelines, establish benchmarks for measuring sustainability progress, and coordinate sustainability progress made by the State and counties.  Makes appropriation.  Effective July 1, 2012  (HB2671 HD1) 

 

 

 

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