Water and Infrastructure Committee Meeting - August 3, 2026: Bill 1 Amending Water Availability Policy on Subdivision Construction Plans

The Water and Infrastructure Committee of the Maui County Council met on August 3, 2026, at 1:35 p.m. to consider Bill 1 (2026), which would allow the Department of Water Supply to review subdivision construction plans concurrently with other departments before written verification of a long-term water supply is obtained. The committee heard public testimony, deliberated, and voted to defer the bill for further review by the Board of Water Supply.

Public Comments & Testimony

• Leilani Pulmano (Pacific Rimland) testified in support, stating that the bill streamlines processing while still requiring water verification before final approval. She noted her familiarity with subdivisions and that the bill allows concurrent review.
• Lucien Denet (private citizen, former staff for Councilmember Michelle Anderson) testified in opposition, expressing concern that changing "shall" to "may" in Section 14.12.040 creates uncertainty and weakens the "show me the water" ordinance. She questioned whether the Board of Water Supply had reviewed the July 28 amendment summary form and recommended earlier verification rather than later.
• Travis Liggett testified, but his testimony focused on unrelated concerns about water quality and health risks; he was redirected to the agenda item. He expressed skepticism about routing new water into non-compliant systems.
• Dr. John Helly (individual, not representing the Board of Water Supply) urged the committee to file or defer Bill 1. He argued that the Department of Water Supply already has administrative authority to re-sequence workflow, that the bill lacks evidence of time savings, and that it may interfere with the director's statutory authority over water sufficiency determinations. He noted the Board of Water Supply's May 21, 2026 letter was absent from agenda materials.
• Albert Perez (former county employee) testified in opposition, stating that changing "shall" to "may" makes the requirement less clear, the department already has discretion to prioritize, and the bill could waste staff time on projects without water.
• A representative from the Royal Patent Kingdom of Hawaii testified, asserting that all lands in Hawaii are royal patented and that subdivisions without title verification violate state law.
• Stacey Alapai testified, asking for deferral to allow all relevant entities to review the July 28 amendment. She stated the bill appears "half-baked" and urged keeping the teeth in the "show me the water" ordinance.

Discussion Items

• Chair Tom Cook introduced Bill 1, explaining its purpose is to allow concurrent plan review without changing final water verification requirements. The proposed CD1 version from July 28, 2026, restores written verification language in Section 14.12.040 and adds a new subsection stating that verification must not delay the Director's review.
• Department of Water Supply Chief Engineer James Jensen stated the department can operate either way and views the bill as a council policy decision. He noted that the department typically reviews in order received but can prioritize; the bill would require review of projects without water, which is now supported by review fees in place since July 1, 2026.
• Councilmember Tamara Paltin questioned the legal difference between "shall" and "may" and requested that the Board of Water Supply review the new amendment. She also asked about prioritization of projects with water versus affordable housing.
• Councilmember Gabe Johnson expressed concern that the bill could interfere with the department's ability to prioritize projects that have water (e.g., affordable housing, West Maui recovery), and noted that the department already has that discretion. He agreed with Dr. Helly that the bill may not achieve its stated goal.
• Councilmember Yuki Lei Sugimura noted that the bill would codify current good practice and prevent future administrations from shelving projects without water. She supported deferral for further review.
• Councilmember Keani Rawlins-Fernandez asked whether the bill should be sent back to the Board of Water Supply and whether planning's concerns about Native Hawaiian water rights should be incorporated. Director of Water Supply clarified that public trust considerations are already in code (Section 14.06A.010).
• Councilmember Shane Sinenci was excused.
• Councilmember Nohelani Uʻu-Hodgins asked for a process diagram of subdivision review from the Department of Water Supply and requested that the Board of Water Supply review the new ASF. She questioned which projects the bill would help, given that affordable housing is already exempt.
• Councilmember Alice Lee supported the bill's intent to expedite subdivisions, noting that delays increase housing costs. She supported further review by the Board of Water Supply.
• Councilmember Kauanoe Batangan supported transmitting the bill to the Board of Water Supply with a statement of need, noting that while the department has authority to re-sequence, that hasn't always been practice. He opposed codifying prioritization, calling it an administrative matter.

Key Outcomes

• The committee voted to defer Bill 1 (2026) and transmit the proposed CD1 version (as amended by the July 28, 2026 Amendment Summary Form) to the Board of Water Supply for further review and comment.
• The transmittal will include a request to change the word "may" back to "shall" in Section 14.12.040, as Corporation Counsel stated the terms are functionally equivalent but "shall" provides greater clarity for the public.
• The transmittal will also request that the Board of Water Supply clarify its prioritization process for reviewing subdivision construction plans, particularly regarding projects with versus without confirmed water availability, affordable housing, and other public trust priorities. This information is to be provided for transparency, not necessarily for codification.
• The committee also requested that the Department of Water Supply provide a subdivision review process PowerPoint that was presented to the Board of Water Supply.
• The meeting adjourned at 3:33 p.m.