BOARD OF WATER SUPPLY
COUNTY OF MAUI
MINUTES OF RULES COMMITTEE MEETING
THURSDAY, AUGUST 5, 2004




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

Present:  Sally Raisbeck, Ralph Johansen, Michael Victorino (alternate)
Absent:   Kenneth Okamura, Michele McLean (alternate)

HANDOUTS:   Minutes of July 15, 2004

CALL TO ORDER by Sally Raisbeck at 11:07 am in the BWS meeting room at Kahului 
Shopping  Center.   The meeting was audiotaped.

APPROVAL OF MINUTES.  Mike Victorino moved to approve the minutes of July 15, 2004  
seconded by Ralph Johansen.  Approved.

PUBLIC TESTIMONY:	none

UNFINISHED BUSINESS:

Continue review of Board functions in present Department Rules.  Discussion.  Focus on 
Chapter 106, Water Meter Issuance Rule for Upcountry Water System

Indexing.  Board secretary, Cathy Howard, has completely retyped the current Rules,  
(thank you Cathy!) making the entire text (except for deleted sections) available on the 
computer.  Ralph Johansen has requested that the text be indexed (by machine), which will 
enormously simplify the task of locating references to different subjects or sections that are 
scattered through the rules.  Cathy will ask the court stenographer who does the BWS transcripts 
for a quote on doing the job, which apparently requires special software.  Mike indicated that if 
the price is reasonable, he will ask the Department for the funds required.

Definitions.  The Committee agreed that most definitions should be located in one place, 
although some may be more "localized" and could be located with the particular section 
involved.  Sally will gather together all current definition sections and collate them.

Rules changes proposed in 2002.  Cathy will mail the Committee copies of the rules 
changes proposed in 2002.  They were proposed in order to make the Rules conform to the new 
Water System Standards 2002, since there were some conflicts.  The changes were intended to 
go out to Public Hearing in February 2003, but could not because of the uncertainty about who 
could change the rules.

Water System Standards 2002.  Sally will ask for copies for the Committee.

Chapter 106, word-by-word.
16-106-03.   Point of adequacy definition needed.  "On site improvements" is quite confusing, 
also "as required by the department" is not well-based. "Premises" needs better definition, 
clarify, also a redundant  "includes". ' Change to:  "Priority list" means the list of premises 
compiled in the order received....'  ,is better than current.  We need a copy of the legal notice 
Nov. 2, 1994.  "for applicants denied additional water service"  modifies what?
16-106-04.
Ralph says (b) (60-day rule) contains 'grandfathering' and 'detrimental reliance'  conditions.
	Translation:  the rule became effective on 10/4/02.  On that date, applicants who were not 
on the priority list,  and who had "received assurances"  prior to 11/2/94,  or  who "have any  pre-
existing rights" (what rights?) had 60 days to pay for or reserve (until about 12/4/02).  Did this 
create 2 lists?
(1) the priority list and (2) the people who had 60 days to establish their right? the rule then 
refers to subsection 16-108-9(b), which gives an applicant who is not ready for water service the 
right to reserve an allocation for two years.  Ralph's question:  why doesn't this apply to those on 
the priority list?  Sally question:  have all those on the 60-day list received reservations or 
meters? did they ever get put onto the priority list?  After that 60 day period, all applications 
from people in that category would go to bottom of priority list?
(c)  Downsizing meters.  Another group, those who wanted to downsize from one large meter to 
multiple small meters were given 60 days to apply.  After that go to "their place on priority list"
(d)  Why didn't people ON priority list, unable to accept service, get a reservation for 2 years, 
like the people in (b), instead of being kicked off the list?

16-106-05.  applicant "shall be notified in writing etc."  Notified of what?
Given 30 days to complete and deliver application -- but they are already on the list???  Very 
confusing.  No reference to 16-108-9(b), i.e. they don't get two years if they cant accept service. 
Consensus was the word-by-word review was worthwhile, since it located areas that are quite 
confusing and ambiguous.

OTHER MATTERS

Sunshine Law Workshop in October.  The state is planning a workshop for county 
agencies on the Sunshine Law in October, on Oahu.  Mike indicated he thought BWS members 
should attend.

ACTION ITEMS
	Cathy to get quote on machine indexing of Rules
	Cathy mail to committee Proposed Rule Changes 2002
	Sally collate all definitions so far
	Sally to get copies of the 2002 Standards
	Copy of the legal notice Nov. 2, 1994 (Cathy, Sally)

NEXT MEETING	August 12, 2004, at 3 pm.  Continue with Chapter 106, Subchapter 3.

ADJOURN at 1.55 pm.

Minutes taken by Sally Raisbeck