HB405 makes a broad set of changes to Hawaii’s water law, centered on the Commission on Water Resource Management (CWRM) and the state water code. The bill would require CWRM to prioritize water permit applications for public trust purposes before other applications, and it would clarify the commission’s public trust responsibilities. It also expands CWRM’s authority to declare water emergencies, establish water-shortage rules, and issue emergency orders to apportion, rotate, limit, or prohibit water use when water quantity or quality threatens public health, safety, and welfare.
The bill restructures CWRM’s leadership and membership. It repeals the current deputy-to-the-chairperson position and replaces it with an executive director appointed by and serving at the pleasure of the commission, with annual performance evaluation requirements. It also changes the commission’s composition by revising appointment procedures and adding the chief executive officer of the Office of Hawaiian Affairs to the nominating committee, while preserving voting ex officio participation by the chair of the Board of Land and Natural Resources and the director of health or designee. In addition, the bill allows CWRM to retain independent legal counsel, updates ethics restrictions to cover the new executive director position, and authorizes hearings and challenges for emergency orders under specified conditions.
HB405 would amend multiple provisions of chapter 174C, Hawaii Revised Statutes, and related ethics and legal-services statutes. It would expand CWRM’s statutory powers, create new procedural requirements for permit processing and water-shortage notices, increase enforcement authority, and substantially raise water-law penalties from a maximum of $5,000 to up to $60,000 per violation, with each day of a continuing violation treated as a separate offense. The bill would also change how the commission is staffed and governed by replacing the deputy position with an executive director and by revising appointment and conflict-of-interest rules tied to that office.
The bill appears to be framed positively as a water-management and public-trust measure, with the stated goals of improving accountability, protecting water resources, and responding to climate-related stress and housing needs. Its title and description suggest it is part of a Maui County Council package, indicating local policy interest in stronger water governance. No committee transcripts or votes were provided, so there is no recorded floor or committee debate in the supplied materials to show broader support or opposition.
The main points of potential contention are the scope of CWRM’s expanded authority and the size of the penalty increases. Stakeholders concerned about water rights, permit applicants, or regulated users may object to prioritizing public trust applications, the commission’s emergency powers, and the ability to impose substantial fines for violations or continuing offenses. The restructuring of the commission and the move to an executive director model may also draw scrutiny from those focused on governance, appointment authority, and independence. On the other hand, supporters are likely to emphasize stronger public-trust protections, faster emergency response, and more effective enforcement of water conservation rules.