SB2803

SECTION 1. The legislature finds that the Kohala ditch, completed in 1906, is an integral component of Hawaii's agricultural infrastructure and has played a crucial role in providing water for agricultural activities in the North Kohala region of Hawaii island. The Kohala ditch is a lifeline for the surrounding community, providing a reliable source of water for domestic use and supporting the growth of vibrant and sustainable agricultural practices. The agricultural sector in the region has been a cornerstone of the local economy, fostering economic growth, providing jobs, and contributing to the State's food security and economic diversification. A well‑maintained Kohala ditch ensures the sustained productivity of local farms, preserving and enhancing the economic viability of agriculture in the region.

The legislature further finds that in 2006, a 6.7 magnitude earthquake in Kiholo Bay damaged the Kohala ditch system, causing the flow of water to stop and adversely impacting farmers, ranchers, businesses, the community, and the entire State. The legislature responded by appropriating $500,000 for emergency repairs in conjunction with a $2,000,000 appropriation by the United States Congress for general repairs. The expenditure of state and federal appropriations was vital in restoring the Kohala ditch, which became operational again in late 2010. Since then, the Kohala ditch has been periodically inoperative and threatened by flash flooding that has caused ditch infrastructure failures and water restrictions.

The legislature recognizes that the Kohala ditch has historical and cultural significance beyond its utility as a water resource. The Kohala ditch represents the enduring relationship between the community and the land, and serves as a testament to the innovation and resourcefulness of those who designed and built it. By investing in the continued maintenance and refurbishment of the Kohala ditch, the State recognizes the economic benefits derived from a robust agricultural industry, including job creation, revenue generation, and the promotion of local businesses. The refurbishment of the Kohala ditch also aligns with the State's commitment to environmental stewardship by ensuring the efficient use of water resources and reducing the environmental footprint associated with alternative water supply solutions.

Accordingly, the purpose of this Act is to:

(1) Place the responsibility of routine maintenance, repair, and refurbishment of the Kohala ditch with the department of agriculture to ensure the Kohala ditch's proper functioning and efficiency;

(2) Require the department of agriculture to develop and implement a comprehensive plan for the maintenance and refurbishment of the Kohala ditch;

(3) Require the department of agriculture to submit an annual report to the legislature detailing the progress and expenditures related to the maintenance and refurbishment of the Kohala ditch; and

(4) Appropriate moneys for the inspection, repair, and maintenance of the Kohala ditch.

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§141- Kohala ditch program. (a) The department of agriculture shall be responsible for the routine maintenance and repair of the Kohala ditch.

(b) The department of agriculture shall:

(1) Develop and implement a comprehensive plan for the routine maintenance of the Kohala ditch. The plan shall:

(A) Include a schedule for regular inspections, necessary repairs, and upgrades to follow best practices and standards for safety and efficiency; and

(B) Be developed in collaboration with the surrounding community and relevant agencies and stakeholders, including farmers, ranchers, businesses, and other users of the Kohala ditch; and

(2) Submit an annual report to the legislature detailing maintenance and repairs to the Kohala ditch, and related expenditures. The report shall include an assessment of the current condition of the Kohala ditch, a summary of completed maintenance activities, and recommendations for any further improvements. The report shall be submitted to the legislature no later than twenty days prior to the convening of each regular session."

SECTION 3. The department of agriculture, in collaboration with relevant agencies and stakeholders, shall develop a comprehensive plan for the refurbishment of the Kohala ditch. The plan shall include an assessment of the current condition of the ditch, a summary of improvements and repairs to be made, and a breakdown of costs for the refurbishment.

The department shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025.

SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reason for exceeding the general fund expenditure ceiling is that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to inspect, repair, and maintain the Kohala ditch, including clearing vegetation, repairing leaks, and updating aging components in conformance with the two plans required by sections 2 and 3 of this Act.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2803
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII