STAND. COM. REP. NO. 234

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1275

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health, to which was referred S.B. No. 1275 entitled:

 

"A BILL FOR AN ACT RELATING TO IRRIGATION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Clarify that the Board of Agriculture has the power to acquire property by eminent domain for the construction and maintenance of water facilities that convey, distribute, and transmit water for agricultural uses, but not for domestic use; and

 

     (2)  Amend the definition of "public utility" in chapter 269, Hawaii Revised Statutes, to include the production, conveyance, transmission, delivery, or furnishing of water for human consumption.

 

     Your Committees received testimony in support of this measure from the Department of Agriculture; Board of Water Supply, City and County of Honolulu; Hawaii Farm Bureau; East Kauai Water Users' Cooperative; Maui County Farm Bureau; Hawaii Cattlemen's Council, Inc.; Land Use Research Foundation of Hawaii; Kalepa Koalititon; Saiva Siddhanta Church; Ponoholo Ranch, Limited; MauiGrown Coffee, Inc.; and four individuals.  Your Committees received testimony in opposition to this measure from one individual.  Your Committees received comments on this measure from the Department of Commerce and Consumer Affairs Division of Consumer Advocacy and Public Utilities Commission.

 

     Your Committees find that there are many non-potable water systems across the State that provide non-potable water for agricultural purposes.  There is concern that Public Utilities Commission regulations intended for privately owned utilities may be applied to state-owned agricultural irrigation systems already overseen by the State's Commission on Water Resource Management.  Your Committees find that this measure clarifies state law in alignment with policies currently followed by the Department of Agriculture and Public Utilities Commission.  

 

     Your Committees have amended this measure by:

 

     (1)  As recommended by the Consumer Advocate:

 

          (A)  Deleting the proposed addition of "for human consumption" to the definition of "public utility"; and

 

          (B)  Clarifying that "public utility" excludes any person who controls, operates, or manages plants, facilities, or projects developed pursuant to chapter 167, Hawaii Revised Statutes, for conveying, distributing, and transmitting non-potable or irrigation water; and

 

     (2)  As recommended by the City and County of Honolulu Board of Water Supply, clarifying that exclusions from the definition of "public utility" shall not be construed to apply to any board of water supply managing, controlling, and operating the water works of the county for the purpose of supplying water to the public in the county.

 

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1275, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1275, S.D. 1, and be referred to your Committees on Judiciary and Labor and Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health,

 

________________________________

ROSALYN H. BAKER, Chair

 

________________________________

MIKE GABBARD, Chair