Water and Infrastructure Committee Meeting - December 17, 2025
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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.
Meeting Transcript
Will the water and infrastructure committee meeting of December 17th, 2025, please come in order. It is 9 06 a.m. Um may I ask all participants to silence any noise making equipment. I'm your chair Tom Cook. Members for the Sunshine Law, please identify by name who, if anyone, is in the room, vehicle, or workplace with you today, exclusive of minors. I would also like the department representatives who have joined online to please also turn on your cameras when it's your turn to speak. Now I'd like to introduce the committee members. Good morning, Chair, and Merry Christmas. And aloha and good morning, Member Palton. Aloha Kakahiaka Kaku. You got the and Mary Krishmi. And thanks for bringing the spirit. Um Chair Alice Lee. Good morning, uh Chair Cook. I'm home alone in my workspace, except I have my little three-month-old kitty with me. Her name is Jill Nolison Lee. Um morning, member. Um member Molly. Good morning, Member Rollins Fernandez. They're currently at the Molokai District office, and it sounds like uh baby jail takes after her mom. Good morning, member uh Johnson on Lanae. Aloha and Merry Christmas. I'm alone on my side of the office, and there's no testifiers here at the nine district office. Thank you. Good. And good morning, member uh Nohi Ulani U Hodges. Good morning, Chair, good morning, everyone. I'm alone in my car right now, and I will be joining you folks shortly. Aloha, Member Senancy. No testifiers in honor. And from the Department of Water Supply, I would like to welcome Director Stuffelbean. Good morning, Chair. And uh Planning Program Administrator, Eva Blumenstein. Good morning, Chair members. And from our corporation counsel, Deputy Corporation Council Caleb Rowe. Good morning, Chair. From our OCS committee staff, our hard working staff, I want to thank and welcome Koni Hurdle, Jared Pasqual, Maria Leone, Carla Makata, and Lee Lee Dening. Please see the last page of the agenda for information on meeting connectivity. Members, if there are no objections, I'd like to take testimony after receiving opening comments on Y 18. Thank you. Thank you, members. Let's begin. Bill 158 repels the existing chapter 14.06A and establishes a new chapter 14.6.06 B, which consolidates and updates water conservation policies, water shortage declarations, enforcement provisions, and best management practices. The bill also makes conforming amendments to the subdivision ordinance to ensure that the new developments incorporate water savings landscape design, irrigation, and conservation measures. Enforcement provisions are consolidated within Chapter 14.06B, including penalties, appeals, and service shutoff authority. The committee transmitted written questions to the Department of Water Supply on Bill 158. Responses from the department have been received and are included on Granicus as items 4 and 7. The proposed CD1 version attached as Granicus number 10 clarifies definitions, updates outdoor watering schedules, strengthens leak detection and water waste provisions, and establishes staged water shortage response measures. The department has a presentation, so without objections, we will take testimony after the presentation. Thank you, Chair.
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