Bills Proposed To Include
Water
Assessment In General
Plan
Landmark
draft bills address water as a public trust, prohibit development
projects without a long-term reliable source of water, and make
large agribusinesses accountable for water diversion and usage.
J.M.
Buck
WAILUKU-
Councilmember Dain Kane introduced a package of draft bills to
the County Council addressing Maui County's most critical water
problems—long-term water sources in relation to development,
water as a public trust, water conservation, and diversion or
waste of stream water by private interests. We have published
these groundbreaking draft bills in their entirety.
A
draft bill entitled "A Bill For An Ordinance To Require A
Water Element in the General Plan" requires that the county's
water supply, demand, and quality be addressed in regards to further
growth on Maui.
"Academic
commentators and public officials from across the nation have
increasingly recognized the importance of including a water element
in general plans, helping to ensure that water and land use planning
are consistent and integrated," Kane stated in his written
address to the County Council. "The benefit of having a water
element in Maui County's General Plan appears obvious to me."
The
draft bill directly ties in another one that will create an ordinance
to "prohibit development projects that do not have a long-term,
reliable source of water."
The
bill proposes an amendment to section 18.04.020 of the Maui County
Code relating to General Provisions.
If
accepted, Subsection 2.80B.030(E) of the Maui County
Code will be amended to read as follows:
"The
general plan shall be developed after input from state and County
agencies and the general public, and shall be based on sound policy
and information. The general plan shall: indicate desired population
and physical development patterns for each island and region within
the County; address the unique problems and needs of each island
and region; explain the opportunities and the social, economic,
and environmental consequences related to potential developments;
and set forth the desired sequence, patterns, and characteristics
of future developments.
The
general plan shall identify objectives to be achieved, and priorities,
policies, and implementing actions to be pursued with respect
to population density, land use maps, land use regulations, transportation
systems, public and community facility locations, water and sewage
systems, visitor destinations, urban design, and other matters
related to development. The general plan shall also identify the
vision, principles, goals, and policies for the County and for
each island.
In
addition, the general plan shall include the following elements:
island-wide land use strategies for Lanai, Maui, and Molokai;
water element; implementation program; milestones; and technical
plans and studies.
1.
Island-wide land use strategies for Lanai, Maui, and Molokai.
[2.80B.030]
a. Vision statement. The vision statement for
each island shall reference the island's economy, land use patterns,
environmental and cultural resources, and social environment.
b. Managed and directed growth plan. The managed
and directed growth plan for each island shall describe existing
and future land use patterns and planned growth for the twenty
year planning period and include a discussion on how these patterns
are consistent with and support the vision, principles, goals,
and policies of the County and the island. For the island of Maui,
the managed and directed growth plan shall include a map that
delineates urban and rural growth areas, consistent with, and
illustrative of, the general plan's vision, principles, goals,
and policies.
c. Action plan. The action plan for each island shall identify specific programs, projects,
and regulations that will need to be developed over the twenty-year
planning period to implement the island's vision, principles,
goals, and policies. This element shall include a general schedule
and identify implementing agencies and persons.
2. Water element. The water element shall assess and discuss water supply, demand,
and quality.
3.
Implementation program. The implementation program shall include
a capital improvement element, a financial element, and an implementation
schedule.
a. Capital improvement element. The capital improvement
element shall describe regional infrastructure systems and regional
public facilities and services that will be needed over the twenty-year
planning period.
b. Financial element. The financial element shall
describe a fiscally sound financial program for identified actions
and capital improvements. This element shall be broken into a
twenty-year financial plan, a ten-year financial plan, and a five-year
financial plan. Preparation of the County's annual operating budget
and capital program, respectively developed pursuant to sections
3.04.030 and 3.04.040 of this code, shall implement the general
plan to the extent practicable.
c. Implementation schedule. The implementation
schedule shall identify and numerically prioritize specific actions,
the implementation actions' commencement and completion dates,
the lead implementation agency or person, the estimated implementation
cost, and the anticipated funding source or sources.
[3]4.
Milestones. The general plan shall contain specific milestones
designed to measure progress in the implementation of the general
plan's vision, principles, goals, and policies. In assessing each
milestone, due consideration shall be given to federal, state,
and County economic, demographic, and other significant quality-of-life
indicators.
[4]5.
Technical plans and studies. The technical plans and studies
shall include a socioeconomic forecast, an infrastructure study,
and an additional resource study.
a. Socio-economic forecast. The socioeconomic
forecast shall include twenty-year forecasts of resident and de
facto population; age distribution; job growth by industry; migration;
income; housing demand, labor demand, and unemployment; and average
visitor census, visitor arrivals, visitor expenditures, and other
relevant data about visitors. The data shall be analyzed assuming
at least two different rates of population and economic growth.
The data shall be provided for the County as a whole, by island,
and by community plan area. At least every two years, the director
of planning shall propose a new socio-economic forecast, which
shall be processed as a non-decennial amendment to the general
plan pursuant to this chapter, unless the forecast is included
as part of the director of planning's proposed decennial revisions
to the general plan.
b. Infrastructure study. The infrastructure study
shall assess the adequacy, limitations, and opportunities relating
to physical infrastructure, including public facilities, water
systems, health care systems, and telecommunications systems.
In particular, for each assessed component of physical infrastructure,
the study shall assess future system requirements and costs based
on the following population projections over the twenty-year planning
period; national or local planning standards; a baseline inventory
of current capacity; and existing capacity deficits or excesses
relating to national or other appropriate standards.
c.
Additional resource study. The additional resource study shall
assess additional resources, including environmental, historic,
cultural, educational, scenic, and significant view plane resources.
This
ordinance shall take effect upon its approval."
A
bill to amend Title 14 of the Maui County Code by adding a two-section
new chapter would establish the County's water conservation policy.
The new chapter, if accepted, will read:
"Chapter
14.03 Water Conservation.
14.03.005 Policy statement. The County's
policy is to promote water conservation. The Council finds
and declares:
A.
Water is a valuable natural resource that should always be used
wisely and managed as a public trust.
B.
Unrestricted water use for nonessential needs may endanger the
adequacy of the County's water supply for essential needs.
C.
A water-conservation plan is essential to preserve water resources
and to reduce the risk and severity of water shortages. Such a
plan will significantly reduce the long- and short-term consumption
of water, thereby preserving available water for the future requirements
of the County, while minimizing the hardship caused to the general
public. The enactment of a water-conservation plan is further
necessary in order to preserve the public peace, health, and safety.
14.03.010
Water-conservation plan.
A.
Within 180 days of this ordinance's enactment, the Board of Water
Supply shall transmit to the Council proposed elements of a water-conservation
plan. The proposed elements shall include water-use regulations
relating to outdoor watering, leak detection and prevention, and
water reuse.
B.
Within 180 days of the Board of Water Supply's transmittal required
by subsection A, the Council shall enact a water-conservation
plan by ordinance.
C.
Within 180 days of the ordinance required by subsection B and
at least twice per year thereafter, the Board of Water Supply
shall transmit a report on the effectiveness of and may proposed
amendments to the water-conservation plan.
D.
Within 180 days of any further amendment to the water-conservation
ordinance required by subsection B, the Board of Water Supply
shall transmit a report on the effectiveness of and proposed amendments
to the water-conservation plans.
This ordinance shall take effect upon its approval."
And
finally, Kane has laid on the table a draft bill establishing
water use standards and mandating regular water usage reports
from private entities such as A&B and Wailuku Agribusiness.
Despite both of these companies' protests to the press that they
have recently been submitting water usage reports, the County
Council has found that the minimal information both have provided
to be inadequate. The acceptance of this proposal is crucial,
as it is pivotal to insuring that our precious water resources
are not squandered.
Applauded
by native taro farmers, EarthJustice and environmentalists,
this final bill in the package reads as follows:
SECTION
1. The Council finds that the County's ability to monitor
and manage water resources in the public interest is impeded by
unreported withdrawals and diversions of water by private parties
and unregulated construction of private water systems. Therefore,
the purpose of this ordinance is to require private parties to
report withdrawals and diversions of water and the construction
of private water systems.
SECTION
2. Chapter 2.90A, Maui County Code, Statutes, is amended
by adding a new section to be appropriately designated and to
read as follows:
Section 2.90A.050
Reports of use. Whenever a declaration of water use
is required to be submitted to the commission pursuant to Section
174C-26, Hawaii Revised Statutes, the same declaration is also
required to be simultaneously submitted to the department.
The director shall annually report to the council and the mayor
on water uses in the county, including a summary of declarations
required by this section.
SECTION
3. Chapter 2.90A, Maui County Code, Statutes, is amended
by adding a new section to be appropriately designated and to
read as follows:
Section
2.90A.060 Private water systems.
Private water systems shall be constructed and maintained
in compliance with this code, the state water code, and the department's
legally effective rules, if any."
SECTION
4. Chapter 2.90A, Maui County Code, Statutes, is amended
by adding a new section to be appropriately designated and to
read as follows:
Section 2.90A.070
Administrative enforcement. If the director of public
works determines that any person has violated any provision of
this chapter, the director may have the person served, by mail
or personal delivery, with a notice of violation and order pursuant
to this chapter:
A.
Contents of the notice of violation. The notice shall include
at least the following information:
1.
Date of the notice;
2.
The name and address of the person noticed;
3.
The section number of the provision that has been violated;
4.
The nature of the violation; and
5.
The location and time of the violation.
B.
Contents of the order.
1.
The order may require the person to do any or all of the following:
a.
Cease and desist from the violation;
b.
Correct the violation at the person's own expense before a date
specified in the order;
c.
Pay a civil fine not to exceed $1,000 in the manner, at the place,
and before the date specified in the order; and
d. Pay a civil fine not to exceed $1,000 per day for each day
in which the violation persists, in the manner and at the time
and place specified in the order.
2.
The order shall advise the person that the order shall become
final thirty days after the date of its mailing or delivery.
The order shall also advise that the director's action may be
appealed to the board of variances and appeals.
C.
Effect of order; right to appeal. The provisions of the
order issued by the director under this section shall become final
thirty days after the date of the mailing or delivery of the order.
The person may appeal the order to the board of variances and
appeals as provided for in this code. However, an appeal
to the board of variances and appeals shall not stay any provision
of the order.
D.
Collection of unpaid civil fines. In addition to any other
procedures for the collection of civil fines available to the
County by law or rules of the court, the County may add unpaid
civil fines as herein defined to any County taxes, fees, or charges
except for residential water or sewer charges.
E.
Judicial enforcement of order. The director may institute
a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section.
Where the civil action has been instituted to enforce the civil
fine imposed by the order, the director need only show that the
notice of violation and order were served, that a civil fine was
imposed, the amount of the civil fine imposed, and that the fine
imposed has not been appealed in a timely manner nor paid."
SECTION
5. This ordinance shall take effect upon its approval."
The
focus on smart growth as opposed to urban sprawl is apparent in
Kane's draft bills. With the lens of the Iao Aquifer gaining more
salinity with each passing month because of an inability to "recharge"
itself due to private diversion of the streams of Na Wai Eha,
coupled with the fact that Maui County is growing faster than
our fragile ecosystem and infrastructure can handle, Kane's bill
package is hailed as a blessing by many.
"Prudent
water conservation can be an important means of protecting Maui
County's environment, economy, and public health," said Kane.
"Therefore, it is imperative that the Council, in consultation
with the Board of Water Supply, enact and regularly update a water-conservation
plan."
Kane
cites the work of Ellen Hanak of the Public Policy Institute of
California and other researchers as a basis for his interest in
conservation legislation.
"Studies
show conservation is a cost-effective way to essentially generate
new water source," Kane said.
EarthJustice attorney Kapua Sproat
testified in a previous County Council meeting that the bill requiring
private commercial entities such as A&B to report water usage
would provide county officials " the information and tools
to make informed planning and zoning decisions."
"With common sense legislation
aimed at gathering accurate data and establishing clear standards
for water users, we can reach consensus in Maui County,"
Kane stated in a recent press release. "Developers and other
major water users, concerned members of the public and the Department
of Water Supply can cooperatively work toward the common goal
of preserving our most precious natural resource."
