STAND. COM. REP. NO. 322-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2703

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 2703 entitled:

"A BILL FOR AN ACT RELATING TO THE ADMINISTRATION OF THE COMMISSION ON WATER RESOURCE MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to improve the administration and operations of the Commission on Water Resource Management by:

(1) Replacing the position of Deputy to the Chairperson of the Commission on Water Resource Management with the position of Executive Officer, to be appointed and managed by the Commission;

(2) Authorizing the Commission on Water Resource Management to retain independent legal counsel;

(3) Making the Chairperson of the Board of Land and Natural Resources an ex officio member of the Commission on Water Resource Management and providing that the Commission must elect a chairperson from among its non ex officio members; and

(4) Requiring the Commission on Water Resource Management and Department of Land and Natural Resources to establish procedures and safeguards to avoid conflicts of interest.

Your Committee received testimony in support of this measure from the Sierra Club of Hawaiʻi; Hui o Nā Wai ʻEhā; Council for Native Hawaiian Advancement; Native Hawaiian Legal Corporation; Protect Kahoʻolawe ʻOhana; and numerous individuals. Your Committee received testimony in opposition to this measure from the Department of the Attorney General. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that this measure would better enable the members and staff of the Commission on Water Resource Management to implement the State Water Code in the public interest.

Your Committee has amended this measure by:

(1) Clarifying that the Executive Officer of the Commission on Water Resource Management shall be appointed by and serve at the pleasure of the Commission;

(2) Requiring the Commission on Water Resource Management to develop and document annual goals and performance measures for the Executive Officer that authorize the Commission to annually evaluate the Executive Officer's work to ensure compliance by the Commission with statutory and constitutional requirements and achievement of its statutory and constitutional purposes;

(3) Requiring the Commission on Water Resource Management to evaluate and document the evaluation of the Executive Officer's performance annually, or more frequently upon the request of at least four members of the Commission, based on annual goals, performance measures, and other relevant criteria;

(4) Changing its effective date to June 29, 3000, to encourage further discussion; and

(5) 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. 2703, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2703, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

LINDA ICHIYAMA, Chair