Report Title:

Agricultural Water Rates; Public Utilities Commission

Description:

Establishes a process for just and reasonable water rates for farming operations with PUC oversight, but excludes the water supplier from the definition of a "public utility."

THE SENATE	S.B. NO.	3154
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to water rates.

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

     SECTION 1.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269-    Establishment of water rates for farming operations. (a)  The rate payable by a farming operation to the supplier of water shall be established by agreement between the farming operation and the supplier, subject to approval by the public utilities commission; provided that if the farming operation and the supplier fail to reach an agreement for the rate, or if the agreed upon rate is disapproved by the commission, the commission shall establish a just and reasonable rate for the water supplier to the farming operation.

(b)  The suppliers of water to farming operations shall be excluded from coverage of the term "public utility" as defined in section 269-1.

(c)  As used in this section, "farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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