Report Title:

Molokai Irrigation System

Description:

Makes Molokai irrigation system water users advisory board a governing board.  Increases number of members of the board.  Allows nomination from Molokai homestead stakeholder organizations.  Establishes the Molokai irrigation special fund for the purpose of repair and maintenance of the Molokai irrigation system.  (SD1)

THE SENATE	S.B. NO.	1705
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO the MOLOKAI IRRIGATION SYSTEM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 167, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§167‑   Molokai irrigation system special fund. (a)  There is established in the state treasury the Molokai irrigation system special fund into which shall be deposited:

(1) Fifty-five per cent of the receipts and revenues collected from the users fees of the Molokai irrigation system; provided that the remaining balance of the receipts and revenues collected from the users fees of the Molokai irrigation system shall be deposited into the irrigation system revolving fund created in section 167-22; and

(2) All legislative appropriations to the Molokai irrigation system special fund.

(b)  The Molokai irrigation system special fund shall be administered by the department of agriculture.  Moneys in the special fund shall be expended for repair and maintenance of Molokai irrigation system."

     SECTION 2.  Section 167-23, Hawaii Revised Statutes, is amended to read as follows:

"[[]§167-23[]] Molokai irrigation system [water users advisory] governing board; establishment; meetings.  (a)  There is established a Molokai irrigation system [water users advisory] governing board, to be appointed by the governor under section 26-34.  The [advisory] governing board shall consist of [six] eleven members, as follows:

     (1)  [A] Four homestead farmer [user] users on Molokai[;], to be appointed by the governor from a list of nominees submitted by the Hoolehua Homesteaders Association, Molokai Homestead Farmers Alliance, and Hoolehua Homestead Agriculture Association;

     (2)  [A] Two nonhomestead farmer [user] users on Molokai;

     (3)  The designee (by name rather than office) of the Molokai Farm Bureau;

     (4)  The designee (by name rather than office) of Hikiola Cooperative, Inc.;

     (5)  The designee (by name rather than office) of the Molokai-Lanai soil and water conservation district; [and]

     (6)  The designee (by name rather than office) of the department of Hawaiian home lands[.]; and

(7) Designee of the department of agriculture.

     The members of the [advisory] Molokai irrigation system governing board shall select a chairperson and serve without compensation, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.  The terms of the members shall be for four years.  For administrative purposes, and pursuant to section 26-35, the [advisory] Molokai irrigation system governing board shall be administratively placed within the department of agriculture.

     (b)  The [advisory] Molokai irrigation system governing board shall meet with the [department] board of agriculture at least [six] four times each year.  The meetings shall be held on Molokai, whenever possible[.] and be subject to chapter 92.

     The [advisory] Molokai irrigation system governing board's duties and responsibilities shall be to [advise the department on matters of concern to the users of the system,] manage the Molokai irrigation system, to provide support for improvements to the irrigation facilities, to participate in the long-range planning of the system, and to act as liaison between the users and the department."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2007.