Water and Infrastructure Committee Meeting - December 17, 2025

The Water and Infrastructure Committee convened on December 17, 2025, to hear testimony and deliberate on Bill 158, which proposes repealing Chapter 14.06A and establishing a new Chapter 14.06B to consolidate water conservation policies, water shortage declarations, and enforcement provisions. The Department of Water Supply presented a comprehensive overview aimed at protecting Maui's scarce water resources, addressing rising chloride levels, and offsetting capital costs for new water sources through conservation measures.

Consent Calendar

• N/A

Public Comments & Testimony

• His Highness Kawau (Kingdom Hawaii Government): Expressed opposition to the concept of water conservation under the current government, framing water rights as a sovereignty issue tied to historical grievances against the United States; stated that water is a resource belonging to the Kingdom, not the current county.
• JC Law: Expressed strong support for the bill and acknowledged the cultural importance of water conservation in Hawaiian history; noted the upcoming Year of the Fire Horse and potential for social justice changes.
• Kynashiki (Nishiki): Expressed full support for prioritizing water conservation for affordable housing; argued that county control of West Maui water resources is necessary to build 4,000 new units; advocated for a defined hierarchy of water uses with Hawaiian homelands having priority; supported amending plumbing codes to allow recycled water for toilet flushing in multifamily facilities.
• Casey Lamb (LED Corps Maui): Expressed full support for the bill; highlighted the necessity of integrating water conservation into design standards like LEED and SITES programs; emphasized the use of native drought-tolerant landscaping and smart irrigation to reduce consumption by 20-40%.
• David Good (LED Corps Maui/Upcountry Resident): Expressed support for the bill but recommended amendments including mandatory in-unit water monitoring for multifamily/commercial properties, extending water-efficient landscape requirements to single-family lots over half an acre and small agricultural lots, and clarifying definitions to include "canoe plants."
• Brendan Kennedy: Expressed support for the bill; advocated for expanding recycled (R1) water use to single-family homes via HOA-managed systems.
• Jim Langford: Expressed support for exploring technical solutions like atmospheric water generation and 3D printed basins as supplements to conservation, though not directly on the bill's text.

Discussion Items

Water Conservation Policies & Statistics

• Director Stoffelbean presented that the current water usage is 40 million gallons per day; conservation measures could save 10 million gallons daily, equating to $200 million in avoided capital costs.
• Outdoor Watering Restrictions: Proposed prohibition of sprinkler use between 9 a.m. and 5 p.m., with exceptions for drip irrigation, newly installed landscapes, and recycled water use.
• Leak Management: Committee members and staff discussed requiring repairs of private leaks within 30 days and the installation of smart meters, noting a potential 15% reduction in water use.
• Pool Covers: Director Stoffelbean expressed support for requiring pool covers but noted the logistical difficulty for existing pools; suggested a 30-day unused threshold for existing pools and immediate requirements for new construction.
• Commercial & Hotel Engagement: The Department confirmed ongoing engagement with hotels and resorts; members discussed the effectiveness of tiered water pricing in encouraging conservation.

Legislative Amendments & Clarifications

• Title Change: Members agreed to remove "and control of water use during water shortage" from the chapter title to reflect that permanent conservation measures apply at all times, not just during shortages.
• Definition of Water Efficient: An amendment was proposed and passed to define xeriscaping as utilizing "water efficient native, canoe, or non-invasive plants."
• Submetering: Member Paulton moved to encourage, "where appropriate," the installation of in-unit submetering for new commercial and multifamily properties; the motion passed as a non-mandatory encouragement.
• Shortage Percentages: An amendment was adopted to clarify that water shortage reduction goals (10%, 20%, 30%) are based on "current use" rather than an undefined baseline.
• Notification Methods: An amendment was made to replace "newspaper of general circulation" with "media of general circulation" and change "published" to "posted" to allow for flexibility in public notices (e.g., websites, social media).
• Wind Speed Enforcement: Member Paulton proposed a specific wind speed limit (30 mph) for avoiding spray irrigation; the Committee adjusted the language from "must" to "should" and set the wind threshold at 30 miles per hour to aid enforceability.
• Property Types: An amendment was adopted to extend water-efficient irrigation and landscape requirements to single-family lots over half an acre and agricultural lots under five acres (non-farm portions), pending administrative rule clarification.
• Pool Covers (Amendment by Member Johnson): An amendment was passed requiring pool covers for private swimming pools when not in use during the day.
  • Phasing: Established a one-year exemption for existing properties, with a specific deadline of March 1, 2027, to allow for compliance.
  • Scope: Clarified that the requirement applies to all properties within the DWS jurisdiction, noting that pool covers for new pools are mandatory, while existing pools are subject to complaint-based enforcement unless a building permit is sought.
  • Exceptions: Public safety and repair activities remain exceptions; hotels are noted as likely exempt due to daily usage, though they are not explicitly excluded from the text.
• Effective Date: An amendment was passed to set the ordinance's effective date to March 1, 2026, to allow the Department of Water Supply time to develop necessary administrative rules.

Key Outcomes

• Motion to Substitute: The Committee voted to substitute Bill 158 with the proposed CD1 version, incorporating all discussed amendments.
• Motion to Amend Title: Passed, changing the chapter title to simply "Water Conservation" to remove the limitation to water shortage periods.
• Motion to Amend Definitions: Passed, clarifying "water efficient" to explicitly include "non-invasive plants."
• Motion to Amend Incentives: Passed, encouraging in-unit submetering for new commercial and multifamily developments.
• Motion to Amend Shortage Baselines: Passed, defining reduction percentages based on "current use."
• Motion to Amend Notification: Passed, changing notification requirements from "newspaper" to "media" and "published" to "posted."
• Motion to Amend Wind Restrictions: Passed, setting spray irrigation restrictions to "should be avoided or delayed" when average wind speeds exceed 30 mph.
• Motion to Amend Property Coverage: Passed, expanding irrigation requirements to include single-family lots >0.5 acres and ag lots <5 acres (non-farm portion).
• Motion to Amend Pool Covers: Passed, making pool covers mandatory for use during the day when vacant or unused for 30 days, with a compliance deadline of March 1, 2027.
• Motion to Set Effective Date: Passed, delaying the effective date of the ordinance to March 1, 2026.
• Final Recommendation: The Committee unanimously voted to recommend passage of Bill 158 (2025) on first reading, as amended, for further consideration by the full Council.