BOARD OF WATER SUPPLY
COUNTY OF MAUI
MINUTES OF RULES COMMITTEE MEETING
WEDNESDAY, JULY 21, 2004




Held at the Kahului Shopping Center,
65 West Kaahumanu Avenue, Unit 29
Kahului, Maui, Hawaii.

Present:	Sally Raisbeck, Ralph Johansen, Ken Okamura
Absent:		Mike Victorino, alternate; Michele McLean, alternate

CALL TO ORDER by Sally Raisbeck at 3:10 pm in the Board of Water Supply Meeting Room.  
The first 45 minutes were audiotaped; then, due to Sally's error the taping was not continued.

APPROVAL OF MINUTES	none

PUBLIC TESTIMONY	none

UNFINISHED BUSINESS

Discussion of Water Meter Issuance Rule for the Upcountry Water System, Title MC-16, 
Chapter 106

16-106-07.  The Committee again considered 16-106-07, Exceptions to regulations.  We 
realized we had been too hasty last time; that the "board" reference should not be changed to 
"Director".  The exception noted applies to "applicants using source credits developed....by 
agreement with the board pursuant to subsection 16-108-11(c)..…".  That appropriately applies 
to past history when the board had that authority.  (i.e. this is a grandfather clause.)  Perhaps 
adding the phrase "prior to December 5, 2002" is needed.

Ambiguity arises because some of us read the language as authorizing current and future 
exceptions of this type, and the board no longer has that authority.  This paragraph needs to be 
clarified.

Sally thought perhaps we need to know how many such agreements exist, Ken thought it outside 
the Committee scope, possibly the BWS would want to know.

Ralph wanted a definition of source credit, as to whether it was a dollar credit or a gallon credit.  
Credit defined at 16-108-2, can be either or both.

A policy decision needs to be made as to whether the priority list rules still do not apply to 
this class of applicant, and who now has or should have the authority to make this type of 
agreement.

16-106-08.  The committee again considered 16-106-08, Waiver or modification.  Waivers are 
allowed if strict application is unfair, situation is unique, and waiver will not be detrimental to 
others.  We left previous recommendation intact, i.e. change "board" to "Director with approval 
by two-thirds of the Board".

OTHER MATTERS
Ralph pointed out the great convenience of having a machine index of the Rules, similar to the 
index provided for the BWS transcripts.  The 1977 portion is not on the computer, needs to be 
retyped.

ACTION ITEMS
Ralph will pursue actions necessary to get a machine index of all the Rules.
We need input from the Director, Ed Kushi, or Jacky Takakura about interpretations of these 
sections.

NEXT MEETING	August 5, 2004.

ADJOURNMENT	4:40 pm

Minutes taken by Sally Raisbeck