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Debate over giving the water commission independent counsel intensifies; AG urges caution
Summary
SB 2002 drew sharp division: the Attorney General warned the proposed independent-counsel language conflicts with the AG's constitutional role while water advocates and OHA pressed for Seawarm independence and stronger enforcement powers.
SB 2002 (Seawarm / Commission on Water Resource Management reform) was one of the hearing's longest items and exposed a clear split between the Attorney General's office and water-policy advocates.
Deputy Attorney General Alyssa Kaul testified in opposition to the bill's provision that would allow the commission to hire counsel independent of the AG. Kaul argued the state constitution and statutes designate the Attorney General as the state's chief legal officer and said a two-tier waiver process (section 28-8.3) already exists if an agency believes it needs outside counsel. "The centralized model helps with a couple different things," she said, citing consistency and subject-matter expertise across state government.
Supporters including the Department of Hawaiian Home Lands (Oriana Leao), the Honolulu Board of Water Supply (Ernie Lau), Justice Isaac Moriwaki and multiple water managers and advocates argued the commission needs independence, stronger enforcement tools and the option to obtain dedicated legal expertise for complex water, public-trust and enforcement matters. Ernie Lau supported the bill but cautioned about heavy penalty increases proposed in one section; Justice Moriwaki said the bill would help the commission be more professional and better able to protect water as a constitutional public trust.
DLNR deputy director Kira Kahane acknowledged the bill's goals but stressed that structural changes alone would not solve staffing and operational constraints, and recommended attention to resources, hiring and administrative capacity if the bill advances.
Committee members asked clarifying questions about the waiver process, whether the AG's office had historically declined representation, and how a transition to an executive director or different leadership model would affect current staff. The AG reiterated the existence of the outside-counsel waiver process that involves AG review and the governor's concurrence; supporters said the bill aims to reduce that multi-step barrier and give the commission more timely options.
The committee deferred SB 2002 for further work and asked staff and agencies to discuss operational transitions and potential amendments.
