Maui County Water and Infrastructure Committee Meeting - August 31, 2026

The Water and Infrastructure Committee of the Maui County Council met on August 31, 2026, at 1:37 p.m. via Teams and in-person in Wailuku. The committee considered two agenda items: Bill 97 (2026) authorizing an intergovernmental agreement with the Department of Hawaiian Home Lands (DHHL) for development of Waiohuli Wells, and Resolution 26-123 seeking a two-year waiver from county pesticide restrictions for targeted herbicide use on county roadways. Both items received public testimony and extensive discussion. Bill 97 was recommended for passage on first reading (7-0). Resolution 26-123 was deferred for further discussion.

Public Comments & Testimony

• Bill 97: The first testifier, representing the Royal Patent Kingdom of Hawaii, questioned DHHL's authority to develop lands outside crown lands, stating that heirs of royal patent lands have not been contacted. The second testifier (anonymous by phone) expressed general support for DHHL and the Department of Water Supply, trusting the water department more than other county offices, but noted uncertainty about the use of “Hawaiian” labels.
• Resolution 26-123: Jesse Law testified remotely, stating he initially opposed herbicide use but recognized the difficulty of managing vegetation with limited resources. He suggested community organizations could help maintain roadways instead of relying solely on the county. A second testifier, identifying as a representative of the Kingdom of Hawaii, strongly opposed the resolution, calling the county and state “murderers” and asserting that Hawaii is not part of America.

Discussion Items – Bill 97 (Waiohuli Wells Intergovernmental Agreement)

The committee received a presentation from DHHL project manager Elijah Davidson, who explained the project would develop three wells in Waiohuli to provide 1.728 million gallons per day (MGD) for DHHL beneficiaries. Advanced water credits would allow 39.5% of DHHL's needs to be met immediately, supporting over 2,800 residential units. The Department of Water Supply (DWS) supported the bill, noting the agreement would expedite housing for beneficiaries and add customers to the DWS system.

Councilmembers asked about source credits vs. advanced water credits, operating cost liabilities, chloride levels, and force majeure clauses. Chair Tom Cook raised a concern about language in Section 5 vs. Section 1.03; DWS clarified that “for its own use” allows flow adjustments without violating use restrictions. An amendment was offered to remove the specific gallon figure (1,728,000) from the source credits clause, making credits equal to the operating capacity of the wells. Both DWS and DHHL agreed. The amendment passed 7-0, and the main motion (as amended) passed 7-0. Member Alice Lee expressed reservations but voted yes. The item will move to the full council.

Discussion Items – Resolution 26-123 (Herbicide Waiver for County Roadways)

DPW Director Jordan Molina presented the waiver request, which would allow limited, targeted use of herbicides (glyphosate and others) on pavement cracks, guardrails, signs, and intersections where non-chemical methods have proven ineffective. The waiver is for up to two years. Molina cited public safety hazards from overgrown vegetation and noted that manual removal requires crews to work six days a week.

Councilmembers raised concerns about the lack of specific location maps (except for seven intersections), proximity to water bodies, potential risk to children and the environment, and the fact that the county had purchased steam equipment and hired extra staff after the 2021 pesticide ban. Some members suggested trying cinnamon-based herbicides on small cracks or using steam on sidewalks. Member Tamara Paltin proposed a shorter waiver period (six months), and Member Keani Rawlins-Fernandez noted the waiver application did not include plans for soil health or a clear exit strategy. Several members indicated they could support limited applications for specific intersections but not a blanket waiver. Chair Cook recommended deferral for further discussion and clarification. No objections, and the item was deferred.

Key Outcomes

• Bill 97 (2026): Recommended for passage on first reading, as amended. Vote: 7 ayes, 0 noes (Members Nohelani Uʻu-Hodgins and Yuki Lei Sugimura excused). The amendment removed the specific gallon-per-day figure from the source credits clause, making credits equal to total operating capacity of the three wells.
• Resolution 26-123: Deferred without objection. The committee requested more specific location maps (including for East Maui) and further evaluation of alternative methods, such as cinnamon-based herbicides and steam treatment, before reconsideration.