SB3 makes a broad set of changes to Hawaii’s water governance framework, centered on the Commission on Water Resource Management (CWRM). It establishes an explicit “public trust purpose” for the commission and requires water use permit applications for public trust purposes to be heard first and separately from other applications. The bill also defines public trust purpose to include maintaining waters in their natural state, Native Hawaiian traditional and customary practices, domestic uses, and water for Hawaiian home lands.
The measure restructures CWRM’s leadership and membership. It replaces the existing first deputy to the chairperson with an executive director appointed by and serving at the pleasure of the commission, sets annual performance review requirements for that position, and allows the commission to retain independent legal counsel. It also revises the commission’s composition so that the chairperson of the Board of Land and Natural Resources and the director of health, or designee, serve as ex officio voting members but are no longer eligible to chair the commission, while other commission members may be selected as chairperson.
SB3 also changes enforcement and emergency authority under the state water code. It authorizes parties subject to an emergency water order to challenge the order, but they must comply while the challenge is pending, and the commission must prioritize the hearing. The bill expands and clarifies water shortage procedures by requiring published criteria that include climate crisis impacts, adding website and mail notice requirements, and detailing how restrictions may be imposed during shortages or emergencies.
The bill increases penalties for water code violations substantially, replacing the prior fine range with fines of up to $60,000 per violation and treating each day of a continuing violation as a separate offense. It also covers failures to obtain permits, comply with permit conditions, and comply with standardized water audit requirements. Conforming amendments update attorney-employment rules and post-employment restrictions to reflect the new executive director position and CWRM’s status.
Overall, the bill appears to have been received favorably in committee, passing both the Senate Water and Land Committee and the Senate Public Safety, Intergovernmental and Military Affairs Committee unanimously and moving forward on second reading with amendments. The available record shows no committee transcript debate, so the main points of support and opposition are inferred from the bill’s structure: it emphasizes stronger public trust protections, more independent commission leadership, and tougher enforcement, while potential areas of contention include the larger fines, the expanded commission authority, and the governance changes affecting BLNR and the Department of Health’s roles.
SB3 would amend multiple provisions of chapter 174C, Hawaii Revised Statutes, governing the state water code and the Commission on Water Resource Management. It would create new statutory definitions and duties, revise the commission’s leadership structure, alter appointment and chairmanship rules, authorize independent counsel, expand emergency-order challenge procedures, and substantially increase civil and administrative penalties for water-related violations. It also makes conforming changes to state ethics and attorney-employment statutes to account for the new executive director role and the commission’s authority to employ counsel.
The bill’s committee history suggests strong support at the early stage of the legislative process, with unanimous passage in both referred Senate committees and no recorded dissent in the available vote summaries. The bill’s framing emphasizes stewardship, climate resilience, Native Hawaiian water rights, and accountability, indicating a generally favorable policy sentiment around stronger water management protections. Because there are no transcript excerpts, there is no direct record of floor or committee objections, but the bill’s significant structural and penalty changes likely invite scrutiny as it advances.
The most likely points of contention are the bill’s substantial increase in fines, the expansion of CWRM’s authority during shortages and emergencies, and the governance changes that reduce the chair role of the Board of Land and Natural Resources while making the director of health an ex officio voting member without chair eligibility. Another possible area of debate is the shift to an executive director appointed by the commission and the authorization for the commission to retain independent legal counsel, which may raise questions about independence, oversight, and administrative control. The bill’s prioritization of public trust purposes and Native Hawaiian customary uses may also be debated by water users seeking greater access for other uses, including development and housing-related projects.