Bill Text: HI SB2661 | 2014 | Regular Session | Amended
Bill Title: Water Resources Management; Underground Water; Hawaiian Home Lands
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2014-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2661 Detail]
Download: Hawaii-2014-SB2661-Amended.html
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THE SENATE |
S.B. NO. |
2661 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNDERGROUND WATER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 174C-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The following shall be deposited into the water resource management fund:
(1) Appropriations by the legislature to the water resource management fund;
(2) All fees and administrative charges collected
under this chapter or any rule adopted thereunder[;], except Hawaiian
home lands water permit fees collected pursuant to section 174C-61(b);
(3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;
(4) Moneys derived from public and private sources to benefit water resource protection and management;
(5) Any moneys collected from the sale of retail items by the department related to water resources;
(6) Any other moneys collected pursuant to chapter 174C; and
(7) Moneys derived from interest, dividend, or other income from the above sources."
SECTION 2. Section 174C-61, Hawaii Revised Statutes, is amended to read as follows:
"[[]§174C-61[]]
Fees. (a) The commission shall promulgate a schedule of
application and permit fees[.] to be charged in addition to the
Hawaiian home lands water permit fee pursuant to subsection (b). The fees
shall be used to defray the administrative costs of the permit systems
established under this chapter. A public agency shall not be subject to the
payment of any fees.
(b) An annual Hawaiian home lands water permit fee in the amount of $ shall be assessed to any person or entity, except a public agency, that is issued a permit pursuant to this chapter to withdraw, divert, impound, or consumptively use any water beneath the surface of any lands with the status of Hawaiian home lands pursuant to section 204 of the Hawaiian Homes Commission Act, 1920, as amended."
SECTION 3. Section 213, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (e) to read as follows:
"(e) Hawaiian home operating fund. The interest transferred from the Hawaiian home loan fund, all Hawaiian home lands water permit fees collected pursuant to section 174C-61(b), Hawaii Revised Statutes, all moneys received by the department from any other source, and moneys transferred from the Hawaiian home receipts fund, shall be deposited into the Hawaiian home operating fund. The moneys in this fund, without the prior written approval of the governor, shall be available:
(1) For construction and reconstruction of revenue-producing improvements intended to serve principally occupants of Hawaiian home lands, including acquisition or lease therefor of real property and interests therein, such as water rights or other interests;
(2) For payment into the treasury of the State of such amounts as are necessary to meet the interest and principal charges for state bonds issued for such revenue-producing improvements;
(3) For operation and maintenance of such improvements constructed from such funds or other funds;
(4) For the purchase of water or other utilities, goods, commodities, supplies, or equipment needed for services, or to be resold, rented, or furnished on a charge basis to occupants of Hawaiian home lands; and
(5) For appraisals, studies, consultants (including architects and engineers), or any other staff services including those in section 202(b) required to plan, implement, develop, or operate these projects.
The moneys in this fund may be supplemented by other funds available for or appropriated by the legislature for the same purposes. In addition to such moneys, this fund, with the approval of the governor, may be supplemented by transfers, made on a loan basis from the Hawaiian home loan fund for a period not exceeding ten years; provided that the aggregate amount of such transfers outstanding at any one time shall not exceed $500,000.
In addition, moneys of this fund shall be made available with the prior written approval of the governor for offsite improvements and development necessary to serve present and future occupants of Hawaiian home lands; for improvements, additions, and repairs to all assets owned or leased by the department excluding structures or improvements that the department is obligated to acquire under section 209; for engineering, architectural, and planning services to maintain and develop properties; for such consultant services as may be contracted for under this Act; for purchase or lease of necessary equipment; for acquisition or lease of real property and interest therein; and for improvements constructed for the benefit of beneficiaries of this Act and not otherwise permitted in the various loan funds or the administration account."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Water Resources Management; Underground Water; Hawaiian Home Lands
Description:
Establishes a Hawaiian home lands water permit fee. Requires the fee to be deposited into the Hawaiian home operating fund. Takes effect 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
