HR122

WHEREAS, South Maui has been hit by five major floods causing significant damage and two once in century floods in the last 3 years in part due to the degradation of Kīhei’s historical wetlands; and

WHEREAS, these floods put citizens’ lives directly at stake by closing roads and access to and by emergency medical personnel and aid; and

WHEREAS these floods put emergency responders’ lives directly at stake, leading to tragedies including the death of Maui County firefighter Tre’ Evans-Dumaran (2023), whilst responding to flooding emergencies; and

WHEREAS, Kīhei is a critical revenue generating source that needs protection; and

WHEREAS, greening efforts to reduce flooding are effective at making greenbelts for fire mitigation; and

WHEREAS, wildfires and flooding can both be prevented by greening the area surrounding Kīhei, reducing plant destruction by deer and providing recycled R1 water to grow mosses and plants that prevent erosion and act as firebreaks; and

WHEREAS, these measures in conjunction with retention ponds can reduce flooding and wildfire risk, effectively saving lives, property, and generating revenue; and

WHEREAS, Hawaiʻi’s surface water quality standards apply to wetlands: (i) Hawaiʻi’s Water Code Chapter 174C-3 defines “water” or “waters of the State” as “any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground;” (ii) the Hawaiʻi Water Code Chapter 174C-3 explicitly protects wetlands as part of stream systems; (iii) it is the Policy of the County of Maui Chapter 19.47.020 that wetlands be restored or protected beyond what is required by the Clean Water Act, Coastal Zone Management Act, or any other law, and all discretionary permits issued by the County must be consistent with this policy; and

WHEREAS, anchialine pools have unique and often rare ecosystems and species, several of which are in South Maui; and

WHEREAS, without protections, anchialine pools and other wetlands may be at risk for development or degraded habitat, and it is financially prudent to protect and prevent degraded wetlands because, due to the State’s stringent land use laws, it is incredibly difficult and cost-prohibitive to maintain or restore degraded wetlands; and

WHEREAS, the boundaries of wetlands are determined by the presence of two or more of the three wetland indicators ((i) hydrophytic vegetation, (ii) the presence of hydric soils, and (iii) evidence of hydrology) listed in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and the 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Hawaiʻi and Pacific Islands Region; and

WHEREAS, much of Kīhei has all three above wetland indicators; and

WHEREAS, Kīhei’s wetlands directly receive stream, storm, and urban runoff, and these wetlands act as a necessary filter before this water reaches the ocean, without such filtering high levels of sediments damage coral reefs, aquatic life, and recreational usage; and

WHEREAS, restoration and net gain of wetlands enhances wildfire and drought resilience, reduces the magnitude of flooding events, and provides valuable habitat for a variety of flora and fauna, all of which are of vital importance to Maui; and

WHEREAS, fire and flooding in Maui is further exacerbated by the invasive axis deer population over-grazing native plants; and

WHEREAS, compared to native plants, invasive forest plants tend to be more fire-prone, do not absorb as much water, and are less likely to latch onto the soil, causing higher flooding and fire risk; and

BE IT RESOLVED by the House of Representatives that there should be created a Hawaiʻi State Department of Land and Natural Resources Division of Agricultural Resources policy calling for a net gain in wetlands; and

BE IT FURTHER RESOLVED that there should be created a Hawaiʻi State policy calling for Department of Land and Natural Resources protection and/or restoration of anchialine pools; and

BE IT FURTHER RESOLVED that there should be substantive funding to mitigate fire and flood risk in South Maui; and

BE IT FURTHER RESOLVED that Kīhei wetlands shall be prioritized over development concerns where feasible; and

BE IT FURTHER RESOLVED that funds shall be prioritized for purchasing land parcels solely for restoration and habitat protection purposes; and

BE IT FURTHER RESOLVED the replanting of native plants that are vital to preventing flooding and fire disasters shall be prioritized on Maui, and shall be done so in areas and ways so that they are protected from imminent destruction by axis deer and other hazards, particularly around streambanks and wetland banks to prevent erosion and purify water; and

BE IT FURTHER RESOLVED that further measures shall be taken to control the invasive axis deer population in Maui, including furthering current fencing and ungulate control efforts and hunting incentives; and

BE IT FURTHER RESOLVED that to further axis deer hunting incentives and to better feed Maui and all of Hawaiʻi, the County of Maui, Hawaiʻi Department of Land and Natural Resources, Hawaiʻi Department of Agriculture, and the State of Hawaiʻi shall engage in proactive efforts to make U.S. Department of Agriculture inspections and U.S. Department of Agriculture butchers more accessible, feasible, and affordable for hunters to utilize in order to sell venison; and

BE IT FURTHER RESOLVED that these efforts by the Count of Maui, Hawaiʻi Department of Land and Natural Resources, Hawaiʻi Department of Agriculture, and the State of Hawaiʻi shall aim to model other state programs that process meat and distribute it to the community (for example, in Pennsylvania’s Hunters Sharing the Harvest program, hunters bring a kill to any one of a network of deer processors who then put venison into the food bank system – this program donates over 100k lbs. of venison to over 5k food banks); and

BE IT FURTHER RESOLVED that the lands available for hunting axis deer on Maui should be expanded where possible – private owners should continue to be incentivized to allow axis deer hunts on private lands through programs such as the Hawaiʻi Department of Land and Natural Resources Landowner Incentive Program, and fiscal support for such programs shall be prioritized; and

BE IT FURTHER RESOLVED that Mesonet and CWRM hydrologic data services are of utmost importance to track, understand, and predict fires and flooding on Maui and throughout Hawaiʻi, and should continue to be funded and supported so disastrous events can be anticipated, mitigated, and/or planned for when unavoidable.

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to : Governor Josh Green, Hawaiʻi Department of Land and Natural Resources Chairperson Dawn Chang, Hawaiʻi Department of Health Director Kenneth Fink, Hawaiʻi Department of Agriculture Chairperson Sharon Hurd, County of Maui Mayor Richard Bissen, County of Maui Department of Public Works Director Jordan Molina, County of Maui Council Chair Alice Lee, County of Maui Vice Chair Yuki Lei Sugimura, County of Maui Presiding Officer Pro Tempore Tasha Kama, and County of Maui Councilmembers Tom Cook, Gabe Johnson, Tamara Paltin, Keani Rawlins-Fernandez, Shane Sinenci, and Nohelani Uʻu-Hodgins.

	OFFERED BY:	_____________________________

Report Title:

Fire and Flood Mitigation

HOUSE OF REPRESENTATIVES	H.R. NO.	122
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII