STAND. COM. REP. NO. 1138

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1372

       H.D. 2

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Agriculture, to which was referred H.B. No. 1372, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC UTILITIES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the definition of "public utility" to exclude any person who provides water solely to agricultural activities.

 

     Your Committee received testimony in support of this measure from the Department of Agriculture.  Your Committee received comments on this measure from the Office of Hawaiian Affairs.

 

     Your Committee finds that Hawaii's fresh water resources have always been considered part of the public trust, to be managed and administered for the public benefit rather than for private gain and the State, through its agencies, has an affirmative duty to uphold this trust and to ensure that private entities are not allowed to unduly benefit from one of Hawaii's most precious natural resources.  Your Committee questions whether the amendment proposed by this measure is necessary or appropriate; therefore, your Committee finds that this issue requires further study.

 

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting its contents and inserting language that requires the Department of Agriculture to establish a working group to study the feasibility of excluding any person who provides water solely to agricultural activities from the definition of "public utility" as used in chapter 269, Hawaii Revised Statutes;

     (2)  Inserting language that outlines the working group membership;

     (3)  Inserting language that requires the working group to report to the Legislature no later than twenty days prior to the convening of the Regular Session of 2016;

     (4)  Inserting an effective date of upon approval; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1372, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1372, H.D. 2, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

 

Respectfully submitted on behalf of the members of the Committee on Agriculture,

 

 

 

________________________________

RUSSELL E. RUDERMAN, Chair