SUPPORT SB2002 SD2: Free the Water Commission

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March 14 Update

SB2002 SD2 would address longstanding structural issues that have allowed special interests to unduly influence the Water Commission and its staff as they work to implement the Water Code, and uphold the public trust in wai. From Red Hill, to Lahaina, to West Hawaiʻi Island, we have seen the Water Commission’s work appear to be stifled, delayed, or even punished time and again by those with close ties to the Governor’s office, which directs both the Commission’s chair AND its legal counsel. Among other important provisions, this measure would require the Commission to choose its own chair and allow it to retain its own attorney, as well as establish clear performance standards that can protect its staff from arbitrary retaliation for simply doing their job. This bill has a hearing on Tuesday, March 17, at 9am in conference room 411 by the House Water & Land Committee (to be broadcast live on Youtube here).

Please take a moment to testify on this measure and to ask your friends and networks to do the same! Sample testimony and testimony instructions below.  

Sample Testimony for SB2002 SD2

Aloha Chair Hashem, Vice Chair Morikawa, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT SB2002 SD2, to enable the Water Commission and its staff to implement the Water Code in an objective and consistent manner.

This bill would provide the Water Commission with a level of independence similar to that enjoyed by the Honolulu Board of Water Supply (HBWS), which has allowed HBWS to take critical actions to protect our drinking water resources even in the face of opposition by politically powerful entities, such as the U.S. military and its contractors. As our future water and food security, environmental and cultural integrity, economy, and social fabric may all hinge on consistent and objective water management, the long-recommended amendments proposed by this measure may be more important now more than ever before.

This measure addresses political vulnerabilities with the Water Commission’s governance structure that have been of significant concern for over 30 years now. Currently, a Governor appointee - the Board of Land and Natural Resources Chairperson - chairs the Water Commission and dictates its agenda. In addition, another Governor appointee, the Attorney General, is the sole provider of legal advice to the Water Commission. Both of these appointees have considerable power over the actions and decisions of the Water Commission and its staff. Accordingly, those with influence over our Governors, including powerful corporate and military-related interests, can substantially interfere and have interfered with the work of the Commission, through their political appointees.

By requiring the Commission to choose its own Chair, retain its own legal counsel, and select its own executive director, this measure will provide important layers of independence necessary for the objective management of our water resources, as otherwise required by the Water Code, constitution, and public trust. These provisions, as well as a staff performance review process to ensure an objective, apolitical basis for staff employment decisions, would also allow Commission staff to fulfill their constitutional and statutory obligations without fear of political retribution.   

In addition, I support this measure’s authorization of meaningful fines for water code violations, based on a careful assessment of the circumstances of each case; such authority is critical to protecting the public interest from deep pocket water code violators who could easily shrug off the Commission’s current maximum daily fine.   

Finally, I also support the inclusion of an appointee of the Office of Hawaiian Affairs’ CEO in the Water Commission Nominating Committee, especially given the Commission’s historical disregard of Native Hawaiian water rights in its decisionmaking. Such an appointee will ensure that the nominating committee considers prospective commissioners’ understanding of Hawaiian water rights in making recommendations to the Governor.

Accordingly, I respectfully urge the Committee to PASS this measure. Mahalo nui for the opportunity to testify. 

Sincerely, 
[Your Name]

Testimony instructions

  1. Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).

  2. Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.

  3. Enter "SB2002" where it says "Enter Bill or Measure."

  4. Input your information, select “SUPPORT”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!

    Note: Virtual testimony option may be disabled 24 hours before the hearing.

  5. If you are testifying via Zoom, be sure to review these instructions (page 4).

  6. Spread the word!

March 5 Update

SB2002 SD1 passed out of the Senate Judiciary and Ways and Means Committees on March 4. This measure would protect the Water Commission and its staff from undue influence or intimidation by politically connected special interests, such as luxury real estate developers, multinational investment firms, or the US military. 

Mahalo nui to the 72 individuals and organizations who submitted testimony in support and special thanks to Chairs Rhoads and Dela Cruz and Vice Chairs Gabbard and Moriwaki for passing this measure.⁠

March 2 Update

SB2002 SD1, the “Free the Water Commission” bill, has a hearing on Wednesday, March 4, at 10:35 a.m. in room 211 before the Senate Judiciary and Ways and Means Committees. Submit testimony as soon as possible.

Sample Testimony for SB2002 SD1

Aloha Chair Rhoads, Chair Dela Cruz, Vice Chair Gabbard, Vice Chair Moriwaki, and Committee Members,

My name is ______ and I STRONGLY SUPPORT SB2002 SD1, to allow the Water Commission and its staff to implement the Water Code without fear of political interference or retribution.

With increasingly severe droughts and ever more revelations about new drinking water contamination threats, our need for careful, objective, and fair decisionmaking over Hawaiʻi’s increasingly scarce water resources has never been more evident. 

Unfortunately, from responding to the ongoing aquifer contamination underlying the Navy’s Red Hill Facility, to issuing water use permits being pursued by both luxury “gentlemen farm” developers and bona fide kalo farmers, major upcoming water decisions by the Water Commission will be fraught with the risk of undue influence by powerful and politically connected special interests. 

Now more than ever, we must act to mitigate this risk, starting with the unilateral control that the Governor’s office can exert over the Commission and its work.

This bill would address political vulnerabilities that have allowed powerful special interests to unduly interfere with the work of the Commission and its staff, since its very inception. Currently, a Governor appointee - the Board of Land and Natural Resources Chairperson - chairs the Water Commission and dictates its agenda. In addition, the Attorney General, who is also appointed by the Governor, is the sole provider of legal advice to the Water Commission. Both of these appointees have considerable power over the Water Commission and its staff. Accordingly, those with influence over the Governor, such as corporate water hoarders and military water polluters, can substantially interfere and have interfered with the work of the Commission, through the Governor’s political appointees.

By requiring the Commission to choose its own Chair, select its own executive director, and retain its own legal counsel, this measure will provide important layers of political insulation necessary for the objective management of our water resources, as otherwise required by the Water Code, constitution, and public trust. These provisions, as well as a staff performance review process to ensure an objective, apolitical basis for staff employment decisions, would also allow Commission staff to fulfill their constitutional and statutory obligations without fear of retribution.   

In addition, I support this measure’s authorization of meaningful fines for water code violations, based on a careful assessment of the circumstances of each case; such authority is critical to protecting the public interest from deep pocket water code violators who could easily shrug off the Commission’s current maximum daily fine.   

Finally, I also support the inclusion of an appointee of the Office of Hawaiian Affairs in the Water Commission Nominating Committee, especially given the Commission’s historical disregard of Native Hawaiian water rights in its decisionmaking. Such an appointee will ensure that the nominating committee considers prospective commissioners’ understanding of Hawaiian water rights in making recommendations to the Governor for new commissioners.

Accordingly, I respectfully urge the Committees to PASS this measure. Mahalo nui for the opportunity to testify. 

Sincerely, 
[Your Name]

Testimony instructions

  1. Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).

  2. Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.

  3. Enter SB2002" where it says "Enter Bill or Measure."

  4. Input your information, select “SUPPORT”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. No verbal testimony will be taken for SB2002.

  5. Spread the word!

Bill Background & Info

SB2002, to free the Water Commission from undue political influence, is being heard by the Senate Water, Land, Culture and the Arts and Public Safety and Military Affairs Committees this Wednesday, February 4 at 3:01pm in room 016 (watch online here). Please take a moment now to submit written testimony and provide verbal testimony on Wednesday if can! 

What SB2002 does:

SB2002 would protect the Water Commission and its staff from the influence of opportunistic and politically connected special interests, allowing them to implement the state Water Code in the public’s interest, and without fear of political retribution. The bill would also allow the Water Commission to hold water code violators accountable with meaningful fines. Moreover, it would provide for a member of the nominating committee for new Water Commissioners to be appointed by the Office of Hawaiian Affairs’ CEO, ensuring that the committee takes into account the unique Hawaiian rights and interests that have been historically ignored or undermined by Commission decisions.

Why this is important:

First, this bill would address political vulnerabilities that could allow powerful corporate interests to unduly influence the critically important work of the Water Commission. Currently, the Commission’s Chair is a member of the Governor’s cabinet, as is its legal counsel, the Attorney General. Both individuals have considerable power over the Water Commission and its staff, and both answer directly to the Governor. As a result, powerful interests who have the Governor’s ear could substantially interfere with the Commission’s implementation of the Water Code, and the Public Trust Doctrine. 

This bill would accordingly allow Commission members to decide amongst themselves who among their volunteers should serve as their Chair, and would further allow the entire Commission to choose an “executive director” as the lead Commission staff person. Annual performance reviews for the executive director would ensure that any employment decisions are based on a documented and objective assessment of their performance, rather than political opportunism or retribution. Finally, the Commission would be able to hire their own legal counsel, rather than rely on the Governor-serving Attorney General.

Second, this bill would authorize the Water Commission to impose meaningful fines against those who could otherwise over pump our aquifers and drain our streams dry with impunity – notwithstanding the law or the needs of the community. The current $5,000 daily fine the Commission is authorized to levy is wholly insufficient to hold multinational corporations - or the Department of Defense - accountable if and when their water code violations impact priority public needs, including for affordable housing. Without the increased fines authorized under this measure, millions of gallons of water per day could be illegally monopolized by deep pocket entities for a fraction of a cent per gallon in penalties, harming our precious water resources, and the houses, schools, farms, small businesses, and others that rely on them.

Finally, this bill would allow the Office of Hawaiian Affairs’ CEO to appoint a member of the Water Commission Nominating Committee, to help in its nomination of new commissioners; this change would ensure that the committee recognizes the importance of the unique Native Hawaiian water rights and interests that have been historically ignored or undermined by Commission decisions.

Sample testimony

Aloha Chairs Lee and Fukunaga, Vice Chair Inouye, and members of the Senate Water, Land, Culture and the Arts and Public Safety and Military Affairs Committees,

My name is ______ and I STRONGLY SUPPORT SB2002, to enable the Water Commission and its staff to implement the Water Code without fear of political retribution.

This bill would address political vulnerabilities that have allowed powerful special interests to unduly interfere with the work of the Commission and its staff. Currently, a Governor appointee - the Board of Land and Natural Resources Chairperson - chairs the Water Commission and dictates its agenda. In addition, the Attorney General, who is also appointed by the Governor, is the sole provider of legal advice to the Water Commission. Both of these appointees have considerable power over the Water Commission and its staff. Accordingly, those with influence over the Governor, including corporate water hoarders, can substantially interfere and have interfered with the work of the Commission, through his political appointees.

By requiring the Commission to choose its own Chair, select its own executive director, and retain its own legal counsel, this measure will provide important layers of political insulation necessary for the objective management of our water resources, as otherwise required by the Water Code, constitution, and public trust. These provisions, as well as a staff performance review process to ensure an objective, apolitical basis for staff employment decisions, would also allow Commission staff to fulfill their constitutional and statutory obligations without fear of political retribution.   

In addition, I support this measure’s authorization of meaningful fines for water code violations, based on a careful assessment of the circumstances of each case; such authority is critical to protecting the public interest from deep pocket water code violators who could easily shrug off the Commission’s current maximum daily fine.   

Finally, I also support the inclusion of an appointee of the Office of Hawaiian Affairs’ CEO in the Water Commission Nominating Committee, especially given the Commission’s historical disregard of Native Hawaiian water rights in its decisionmaking. Such an appointee will ensure that the nominating committee considers prospective commissioners’ understanding of Hawaiian water rights in making recommendations to the Governor for new commissioners.

Accordingly, I respectfully urge the Committees to PASS this measure. Mahalo nui for the opportunity to testify. 

Sincerely, 
[Your Name]

Testimony instructions

  1. Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.

  3. Enter "SB2002" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!

    Note: Virtual testimony option may be disabled 24 hours before the hearing.

  5. If you are testifying via Zoom, be sure to review these instructions (page 4)

  6. Spread the word!