STAND. COM. REP. NO. 658

Honolulu, Hawaii

, 2023

RE: H.B. No. 1101

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 1101 entitled:

"A BILL FOR AN ACT RELATING TO STORMWATER FEES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Exempt state departments that maintain and operate stormwater management systems that are interconnected to a county stormwater system from county stormwater user fees; and

(2) Prohibit a county from denying services to the State or state departments or agencies by reason of nonpayment of user fees.

Your Committee received testimony in support of this measure from the Department of Transportation; Matson Navigation Company, Inc.; and Hawaii Harbor Users Group. Your Committee received testimony in opposition to this measure from the Council Member representing District 5 of the City and County of Honolulu, Department of Facility Maintenance of the City and County of Honolulu, NAIOP Hawaii, Building Owners and Managers Association of Hawai‘i, and Hawai‘i Community Foundation. Your Committee received comments on this measure from the Tax Foundation of Hawaii.

Your Committee finds that several state departments, including the Department of Transportation, are responsible for the management of stormwater management systems that connect to a municipal county system. Your Committee further finds that the City and County of Honolulu's stormwater management system is connected to and uses the Department of Transportation's system. The Department of Transportation currently allows the City and County of Honolulu to discharge stormwater at various points in its system at no cost or expense to the City.

This measure clarifies that counties may not charge a state department a fee related to maintaining a stormwater system if that department is responsible for the maintenance and operation of a stormwater management system that connects to a county stormwater system. This clarification will prevent any extra costs related to stormwater system management and promote coordination between agencies.

Your Committee has amended this measure by:

(1) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1101, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1101, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

LINDA ICHIYAMA, Chair