SUPPORT SB2002: Free the Water Commission
/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 does SB2002 do?
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 is this needed?
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
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "SB2002" where it says "Enter Bill or Measure."
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.
If you are testifying via Zoom, be sure to review these instructions (page 4)
Spread the word!