Report Title:

Waimanalo Watershed Authority


Establishes the Waimanalo Watershed Authority.


H.B. NO.









relating to the waimanalo watershed.



SECTION 1. The legislature finds that the Waimanalo and Inaoli streams, and other bodies of water in the Waimanalo area have caused serious damage to property in the past and threaten to cause further damage to property in the future. Pollution resulting from periodic flooding, combined with continuous agricultural and urban runoff has had serious negative consequences on the Waimanalo watershed's water quality and water ecology. The freshwater streams of Waimanalo and the whole marine ecology of Waimanalo bay have been affected. The source of pollution includes chemical compounds from pesticides and herbicides applied upstream, the mishandling of household and industrial hazardous waste products, and silt and sediment runoff from poorly managed streambeds and surrounding flood-plain areas.

In 1998, the department of health's environmental planning office conducted a water body assessment that identified Waimanalo stream as suffering "severe impairment" of water quality and being one of Hawaii's four most seriously polluted bodies of water.

The purpose of this Act is to create the Waimanalo watershed authority to restore and protect the purity of Waimanalo's watershed and waters.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:


WaimanaLo watershed authority

-1 Definitions. As used in this chapter:

"Authority" means the Waimanalo watershed authority established in section -2.

-2 Waimanalo watershed authority; establishment. (a) There is established the Waimanalo watershed authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department of land and natural resources for administrative purposes. The authority shall be responsible for protecting Waimanalo's watershed and waters.

(b) The authority shall consist of five public voting members. Five members shall be appointed by the governor for staggered terms pursuant to section 26-34; provided that one member shall be a resident of the Waimanalo area. The chairperson of the board of land and natural resources shall be an ex-officio nonvoting member.

(c) A majority of members shall constitute a quorum and the concurrence of a majority of all members shall be necessary to make any action of the authority valid.

(d) All members shall continue to hold office until their respective successors have been appointed and qualified. Except as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions.

(e) The authority shall appoint the executive director who shall be the chief executive office. The authority shall set the salary of the executive director, who shall serve at the pleasure of the authority and shall annually elect the chairperson and vice chairperson from among its members.

(f) The members of the authority appointed under subsection (b) shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

-3 Powers. Excepts as otherwise limited by this chapter, the authority may:

(1) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(2) Make and alter by-laws for its organizations and internal management;

(3) Make rules with respect to its projects, operations, properties, and facilities, which shall be in conformance with chapter 91;

(4) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(5) Arrange or contract for the services of a qualified person or persons to ensure the continued maintenance and cleanliness of the Waimanalo watershed; and

(6) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter."

SECTION 3. 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 2003-2004 to enable the Waimanalo watershed authority to restore and protect Waimanalo's watershed and waters.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2003.