The “Water Availability” Bill (“show me the water”) discussion is coming up again 9am this Tuesday, February 28. Water Resources Committee, 8th fl County Blding in Wailuku. Pleaase come or submit testimony at:
mailto:wr.committee@mauicounty.us item no. is WR-8
STATUS: A variety of amendments had been proposed to the Bill. No updated version of the bill is posted online, indicating amendments that have already been accepted or rejected by the WR committee. This is confusing to the public. Please be aware that the Water Availability bill is not holding up affordable housing because it ALREADY exempts:
- 100 % affordable residential housing projects
- Infill projects of 10 units on contiguous lots in developed areas
- Public or quasi public projects (schools library, police station etc)
- Residential workforce housing units developed by a “qualified housing provider” (Hale Mahaolu, etc)
Four amendments are listed in the Feb 28 agenda for discussion. A brief review follows for your comments. Talking points are attached if you want more info.
BRIEF ANALYSES OF PROPOSED AMENDMENTS for 2/28 meeting:
Amendment 1. Revised definition of “infill” added to Bill, leaves out requirements that avoid loopholes To encourage smart growth, 10 units or less urban “infill” projects were exempted from the current Water Availability Rule. “Infill” was clearly defined in previous version of the bill to be “within areas that are already developed in the Central and West Maui water service areas.” Amendment 1 proposes to remove this important definition of “already developed areas” allowing “infill” to mean andy 10 unit development anywhere there’s zoning!! The amendment’s open-ended language is likely to create a big loophole. SUPPORT a clear definition of infill. Here’s how the definition should read:
“Infill development” means a project composed of ten or fewer residential dwelling units on one or more contiguous vacant parcels within already developedareas in the service area of the departments’ central Maui water system or west Maui water system.”
Amendment 2. Delete water source development agreements with “private clients” from Water Availability Bill: Bad Idea! The Committee should leave the existing language as is. Basically, the existing Water Availability Bill language gives the county an oportunity to have an engineering report to review regarding the water sources they are discussing a private developer providing. This should be seen as desirable. The County needs to base decisions about the reliability of private water sources on good data. Don’t take away this safeguard.
Amendment 3. Requires Council review of Chapter 14.12, MCC (The Water Availability Bill), every two years First it was proposed to “sunset” or expire” the whole Water Availability Bill after two years!! Now the idea is to set up a “review”. No standards are given by which to “review the bill.” Another unneeded “amendment”. In fact, this bill can be amended at any time the County’s water supply improves.
Amendment 4. Requires Water Availability Bill compliance at the end, not the beginning of the subdivision review process. This change could be tricky, but is very supported by developers. In a nutshell, a developer wouldn’t need to submit an engineeering study approved by Dept of Health varifying a viable water supply when they first submit their subdivision plans. Instead, the plans go through the whole review process with no specific information re: water supply until subdivision plans are submitted for final review. What happens if the landowner invests substantial time and energy in the project, but there’s no water available? This could create a lot of pressure to make hasty decisions about water resources we have seen in the past.
————————————————————— Exact language of meeting agenda: WR-8 WATER AVAILABILITY DESCRIPTION: The Committee is in receipt of the following: 1. County Communication 11-306, from Councilmember Michael P. Victorino, transmitting a draft bill to amend Title 14, Maui County Code (“MCC”), relating to the County’s water availability policy. 2. Correspondence dated December 27, 2011, from the Chair of the Committee, transmitting a proposed bill entitled “A BILL FOR AN ORDINANCE RELATING TO THE WATER AVAILABILITY POLICY”. The purposes of the proposed bill are to (1) amend section 14.01.040, MCC, by adding a definition for infill development;
(2) delete water source development agreements with private entities from the applicability and scope of Chapter 14.12; (3) require Council review of Chapter 14.12, MCC, every two years; and (4) require written verification of a long-term reliable supply of water at final subdivision approval pursuant to Section 18.20.180, MCC, rather than at construction plan approval pursuant to Section 18.20.160.
STATUS: The Committee may consider whether to recommend passage of the proposed bill on first reading, with or without revisions. The Committee may also consider the filing of County Communication 11-306 and other related action.
Amendment 1. Revised definition of “infill” added to Bill, leaves out requirements that avoid loopholes To encourage smart growth, 10 units or less urban “infill” projects were exempted from the current Water Availability Rule. “Infill” was clearly defined in previous version of the bill to be “within areas that are already developed in the Central and West Maui water service areas.” Amendment 1 proposes to remove this important definition of “already developed areas” allowing “infill” to mean andy 10 unit development anywhere there’s zoning!! The amendment’s open-ended language is likely to create a big loophole. SUPPORT a clear definition of infill. Here’s how the definition should read:
“Infill development” means a project composed of ten or fewer residential dwelling units on one or more contiguous vacant parcels within already developedareas in the service area of the departments’ central Maui water system or west Maui water system.”
Amendment 2. Delete water source development agreements with “private clients” from Water Availability Bill: Bad Idea! The Committee should leave the existing language as is. Basically, the existing Water Availability Bill language gives the county an oportunity to have an engineering report to review regarding the water sources they are discussing a private developer providing. This should be seen as desirable. The County needs to base decisions about the reliability of private water sources on good data. Don’t take away this safeguard.
Amendment 3. Requires Council review of Chapter 14.12, MCC (The Water Availability Bill), every two years First it was proposed to “sunset” or expire” the whole Water Availability Bill after two years!! Now the idea is to set up a “review”. No standards are given by which to “review the bill.” Another unneeded “amendment”. In fact, this bill can be amended at any time the County’s water supply improves.
Amendment 4. Requires Water Availability Bill compliance at the end, not the beginning of the subdivision review process. This change could be tricky, but is very supported by developers. In a nutshell, a developer wouldn’t need to submit an engineeering study approved by Dept of Health varifying a viable water supply when they first submit their subdivision plans. Instead, the plans go through the whole review process with no specific information re: water supply until subdivision plans are submitted for final review. What happens if the landowner invests substantial time and energy in the project, but there’s no water available? This could create a lot of pressure to make hasty decisions about water resources we have seen in the past.
————————————————————— Exact language of meeting agenda: WR-8 WATER AVAILABILITY DESCRIPTION: The Committee is in receipt of the following: 1. County Communication 11-306, from Councilmember Michael P. Victorino, transmitting a draft bill to amend Title 14, Maui County Code (“MCC”), relating to the County’s water availability policy. 2. Correspondence dated December 27, 2011, from the Chair of the Committee, transmitting a proposed bill entitled “A BILL FOR AN ORDINANCE RELATING TO THE WATER AVAILABILITY POLICY”. The purposes of the proposed bill are to (1) amend section 14.01.040, MCC, by adding a definition for infill development;
(2) delete water source development agreements with private entities from the applicability and scope of Chapter 14.12; (3) require Council review of Chapter 14.12, MCC, every two years; and (4) require written verification of a long-term reliable supply of water at final subdivision approval pursuant to Section 18.20.180, MCC, rather than at construction plan approval pursuant to Section 18.20.160.
STATUS: The Committee may consider whether to recommend passage of the proposed bill on first reading, with or without revisions. The Committee may also consider the filing of County Communication 11-306 and other related action.