The Maui News

WAILUKU–A proposed resolution that would add language to the 2025 Hawai’i State Association of Counties Legislative Package in defining the public trust purposes of the Commission on Water Resource Management moved forward during a Maui County Council meeting on Friday, Sept. 13.

Resolution 24-130, titled “Approving for inclusion in the 2025 Maui County Council Legislative Package a State Bill relating to the commission on water resource management,” lays out a recommendation and a path to legislatures that aims to require the commission, in acting upon water use permit applications, to prioritize applications for public trust purposes.

The resolution carried seven suggested changes to state water legislation including, defining the public trust purposes of the Commission on Water Resource Management (“Commission”) and requiring the commission, in acting upon water use permit applications, to prioritize applications for public trust purposes. The second change would be to allow the Commission to retain independent legal counsel. The third would be to repeal the position of deputy to the chairperson of the commission and establish the position of Executive Director of the commission. The fourth would be to amend the composition of the commission and administratively attach it to the Department of Land and Natural Resources. The fifth authorizes entities to challenge an emergency order of the commission under certain conditions. The sixth establishes fines for certain water use offenses. The seventh amends the commission’s authority to declare water emergencies and issue orders to address them and declare water shortages and related notice requirements

Two county council members voted against the resolution, with three voting in favor of passage.

County Council Chair, Alice Lee, and Vice-Chair Yuki Lei Sugimura, voted no on the proposal. Lee represents the Wailuku, Waihe’e, and Waikapū district, and Sugimura, chair of the Budget, Finance, and Economic Development Committee holds the council seat for the upcountry district.

“I think it’s a very important recommendation and needs a larger discussion within the legislature, “ Sugimura said. “I do not support this as is. And so, therefore, if this comes up in the legislative session, I will do research and understand what the issues are.”

Keani Rawlins-Fernandez, chair of the Efficiency Solutions and Circular Systems, representing Molokai, spoke passionately about why she voted in support of the resolution.

“This is an important piece of legislation. This was legislation that moved in this year’s legislative session and had a lot of strong support by our water advocates. Water is a public trust resource, and the more we can give community control over the corporations that control a lot of the water, the better off our community as a whole will be.”

Shane Sinenci, Chair of the Water Authority, Social Services, and Parks Committee, and council member representing the East Maui district, along with Nohelani U’u-Hodgins, chair of the Government, Relations, Ethics, and Transparency Committee, representing the Makawao, Ha’ikū, Pā’ia district, also voted in support of the resolution. Tom Cook also voted in support.

Two council members–Tamara Paltin and Tasha Kama–were absent from the meeting, leaving five members total present on Friday.

Later in the meeting, several passionate residents and a county park employee testified on the use of pesticides in county parks. This came when the council discussed Bill 130 and 131 near the end of the two hour meeting.

Bill 131 is an ordinance amending a section of the Maui County Code relating to pesticide and fertilizer use on county property.

Bill 71 and Bill 72 relate to prohibiting the use of pesticides and fertilizers on county property, unless otherwise stated in a section of the bill. There are some exceptions listed within the bills, such as the use of pesticides to control insects or invasive species whose introduction does harm, but for the most part that decision changed the way park maintenance was occurring on the island.

Bill 131 aims to amend a part of the ordinance under its exclusions, making the ordinance not apply to property subject to any state executive order that is not managed or controlled by the county, county agricultural parks, or county property used for agricultural purposes, county parks with grass playing surfaces, including soccer fields, flag football fields, softball fields, baseball fields, and rugby fields, and the Waiehu Municipal Golf Course.

In response, several individuals from the public testified in regards to the bill.

Michael Mendiola, the county parks beautification manager said, they have few vendors they can go through that meet the requirement for the county ordinance, and it’s been hard keeping up with maintenance and children’s games are getting canceled due to safety concerns.

“We’re not asking for the whole park, we’re asking for specific areas that are ending up being problems after two years of using these specific products that we have,” Mendiola said.

County Council Chair Alice Lee said there was confusion and misinformation regarding the bill Friday, and that the topic required further discussion, deferring the resolution to be considered at the Agriculture, Diversification, Environment, and Public Transportation Committee for further consideration.

In total the council heard 10 resolutions, six bills, and seven total committee reports for first reading throughout the meeting Friday. The council took action on 15 agenda items out of the 23 total they heard throughout the day.

The council adopted a first reading of Bill 122, that will appropriate $3.5 million from the carryover water savings fund to the Department of Water supply for the purchase of seven portable generators and a quonset hut for storage.

Bill 133, passed by the council on Friday, will allow for an intergovernmental agreement with the U.S. Geological Survey, Pacific Islands Water Science Center, and the United States Department of the Interior for a cooperative water resource monitoring program.

Tom Cook moved to waive the rules of the council in the requirement of a committee referral regarding Bill 133.

“Members, this intergovernmental agreement begins on October 1, 2024,” Cook said. “We held discussion on this matter in yesterday’s WAI (Water and Infrastructure) committee meeting. And so the committee referral may not be necessary.”

Seven members voted to waive the rules of the council in Bill 133 and the bill was passed on first reading.

“Bill 133 will allow the Department of Water Supply to participate in the U.S. Geological Survey’s (USGS) Cooperative Water Resource Monitoring Program,” Cook said.

Cook added that all of the data collected in the program will be publicly available via the USGS’s national water information database.