Hawaii residents are disappointed that the Aloha State’s lawmakers ended the legislative session without advancing a bill to strengthen the independence of the state’s Water Commission.

The bill’s demise comes at a critical time. The Hawaii Supreme Court recently determined that Attorney General Anne Lopez and the state Board of Land and Natural Resources (BLNR) made baseless allegations against a judge’s decision regarding East Maui streams.

Meanwhile, a citizens group known as the Red Hill Community Representative Initiative (CRI) has been advocating for the legislation since significant water contamination affected roughly 93,000 residents in and around Joint Base Pearl Harbor-Hickam in 2021. 

Marti Townsend, a resident and chair of the CRI, denounced the legislature for failing to advance the bill. 

“From the … decades-long foot-dragging in implementing legally required stream protections in East Maui, to the bald-faced lies about a lack of water for firefighting on Maui,” Townsend said. “Powerful special interests have pulled political strings to override the public interest for far too long,”

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Maui

On August 8, 2023, Lahaina, a historic town on Maui Island, fell victim to the deadliest wildfire in modern U.S. history. The blaze ravaged the community, reducing it to ashes, claiming the lives of over 100 individuals and displacing over 5,000 residents. 

Last month, the Hawaii Supreme Court ruled that the Attorney General and BLNR attempted to exploit the aftermath of the Lahaina fire by submitting false accusations regarding a judge’s decision for East Maui streams.  

The court determined that their submitted statements, aimed at increasing stream water diversion by Alexander & Baldwin, a former plantation now a real estate investment trust, were so evidently lacking in merit that they suggested bad faith.

“It seems that the BLNR tried to leverage the most horrific event in state history to advance its own interests,” according to the court’s decision. 

Despite the submission of over 500 pages of written testimony in favor of the bill, Lopez and DLNR chair Dawn Chang stood as the sole voices who opposed it.

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Red Hill 

In November 2021, a water contamination incident struck the facility catering to approximately 93,000 residents in and around Joint Base Pearl Harbor-Hickam.

In response to numerous reports of illnesses among local families who consumed the tainted water, the Pentagon announced plans in March 2022 to close Red Hill permanently.

Despite these actions, concerns persist among residents about water quality. Many continue to report symptoms akin to those experienced during the 2021 contamination, including rashes, headaches, heartburn, and fatigue.

A former Navy veteran, Lacey Quintero, told USA Today that they believe the Navy is aware that the Red Hill water is still contaminated and is misleading the public by claiming it is safe to drink.

What would the bill have done?

At its core, this bill aimed to minimize political interference in resource management decisions. It proposed empowering the Hawaiʻi Commission on Water Resource Management with the authority to select its own attorney and Chairperson, roles currently under gubernatorial control. 

Additionally, it sought to protect Commission staff from arbitrary disciplinary actions, a concern brought to light by the departure of a former water deputy following the Maui wildfires. 

The bill would have also established dedicated commission staff and a special fund to manage federal funding allocated for the cleanup of the Red Hill contamination. 

Just before the sessions ended, State House and Senate Conferences agreed to defer the bill. In an interview with Spectrum News, Sen. Lorraine Inouye (D), chair of the Senate Committee on Water and Land, expressed her frustration.

“I am greatly disappointed in the outcome on (the bill) despite agreement between both legislative bodies that this bill is urgently needed and very important—not just for Red Hill but also for Lahaina,” Inouye said.

Jeremy Yurow is a politics reporting fellow based in Hawaii for the USA TODAY Network. You can reach him at JYurow@gannett.com or on X, formerly Twitter @JeremyYurow