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HomeMy WebLinkAboutMIN LAAC 2026/09/15 (2024-2026) DRAFT Committee on Legislative Approvals and Acquisitions 31't Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 15, 2026 CALL TO The regular meeting of the Committee on Legislative Approvals and ORDER: Acquisitions was called to order at 11:08 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member (via videoconference from Kona) Mr. Holeka Goro Inaba,Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder,Member Ms. Ashley L. Kierkiewicz, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following,individuals registered to comment on Bills 186 and 187 (Comm. 1025), and'cameforward when called by the Chair: Donald Thomas —, Alex Lancaster Michelle Stefanik Matt Chalker David Foster E. Kalani Flores CHR. KIMBALL: Mr. Clerk, if you would read in Resolution 632-26, please. LAAC-31 September 15,2026 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 186: AMENDS THE STATE LAND USE DISTRICT BOUNDARIES MAP BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL TO URBAN AT WAIKOLOA, SOUTH KOHALA, HAWAI`I, COVERED BY A PORTION OF TAX MAP KEY: 6-8-002:016 Postponed: September 1, 2026 (Note: There is a motion by Council Member Hustace, seconded by Council Member Kierkiewicz, to recommend passage of Bill 186 on first reading.) and Bill 187: AMENDS SECTION 25-8-14 (WAIKOLOA VILLAGE DISTRICT ZONE (Draft 2) MAP), ARTICLE 8, CHAPTER'25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESIDENTIAL AND AGRICULTURAL— 1 ACRE (RA-IA) AND OPEN (0) TO MULTIPLE- FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5), FAMILY AGRICULTURAL— 1 ACRE (FA-IA), AGRICULTURAL— 10 ACRES (A-l0A), AND OPEN (0) AT WAIKOLOA, SOUTH KOHALA, HAWAI`I, COVERED BY A PORTION OF TAX MAP.KEY: 6-8-002:016 (Applicant: Waik6loa Green LLC) (Area:, 14:868 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map for the requested change of zone, which would allow the applicant to develop a 400-unit multiple-family housing complex with a clubhouse and related improvements. The property is located`'at the southeast side of Pua Melia Street, approximately 810 feet south of its intersection with Waik6loa Road. Reference: Comm. 1025.6 Intr. by: Council Member Kimball (B/R) Postponed: September 1, 2026 (Note: There is a motion by Council Member Hustace, seconded by Council Member Kierkiewicz, to recommend passage of Bill 187 on first reading.) (Note: Comm. 1025.8 from Council Member Holeka Goro Inaba, Comm. 1025.9 and Comm. 1025.10 from Council Member Heather L. Kimball dated September 14, 2026; and Comm. 1025.11 from Council Member James E. Hustace dated September 5, 2026 were circulated.) MR. HENRICKS: Because both motions are on the floor, you have to make a declaration of which motion is actually on the floor right now. Page 2 LAAC-31 September 15,2026 CHR. KIMBALL: Thank you, Mr. Clerk. To that end, I'm going to suggest that we start with Bill 187 as the main content bill. And we'll start by asking the applicant and their representatives to come up. I know that you've shared some information with the County Council. So, if you want to share any of that, I'll let you kick us off. Change Order As directed by the Chair and with no object from the Council Members, the of Business: the following item was taken out of order. (Note: At this time, Waik6loa Green Planning Consultants Jon Yoshimura and Daniel Popkin came,forward to address the members of the Committee.) MR. YOSHIMURA: Good morning, Committee Chair Kimball,Council Chair Inaba and Members of the Council. Thank you for giving us this opportunity to come back before you. Before I'begin, I want to apologize for my,abrupt departure at our last meeting. I had a return flightthat tried the whole day to change, and I couldn't. My wife was also off island, and I had two dogs that were unchaperoned at my house, and I had to get back to them. We're really grateful for the time you gave our project and for the opportunity to answer questions during our last meeting. I also want to let you know that we recently loss a very important member or our Waik6loa Green team. Kanani Aton,has been with us practically from Day one. She's joining the County of HaWai`i to work on Hurricane Lala relief. We wish her all the best andxeally thank her for her exceptional work. I think it's importart'to start by saying this is not the same project that you considered,last time. The comments suggesting that our projected water use would threaten the health of the Waimea Aquifer forced us to re-evaluate our proposal. We discovered actually the question that was posed by Council Member Kaneali`i-Kleinfelder. He said, are you folks really going to need that amount of water. We looked at that; we talked to our engineers about it. And they confirmed we overestimated the water use. We made a mistake. We have a new detailed Will=Serve letter from the Hawaii Water Company that projects 362,000 gallons of water a day, usage at full build-out. And that's a 72 percent reduction from the 1.29 million that we initially estimated. We had that old designation, 1.29 million for more than a year, and it sort of sat on a shelf. And water was not a question at the time that we were concerned with. So, we were very comfortable with the fact that we had this water that could be available to us. Page 3 LAAC-31 September 15,2026 This adjustment and new water conservation measures that we're agreeing to will insure that Waik6loa Green's impact to the Waimea Aquifer is within applicable standards. Danny will have a more detailed presentation. But it's important to know that, at the outset, that our water plans have significantly changed. Danny and I have been close friends for more than 50 years, and you know, at this stage in our life, Waik6loa.Green is more than just a development to us. We wanted it to be something that'everybody can be proud of, particularly, the Big Island community. And we want it to be a model community that will serve Waik6loa families long after we're gone. The idea is basically,pretty simple. Give working families,ma place to live close to where they work; give residents a path towards homeownership; produce and distribute food locally; preserve ecologically`significant land;generate renewable energy, and make a meaningful contribution to the Waikoloa. community. This is not a luxury development. We have approximately 400 rental homes, including our 135 affordable housing obligation; more than 200 agricultural home sites where families can build a multi-generational home. Grow food and put down roots. A food hog',that connects local growers and food entrepreneurs with local families and markets. We're putting real resources behind those commitments. Waik6loa Green will contribute approximately $10 million in Fair Share contributions. And we're donating five prime acres on Waik6loa Road for the County that they could use for various uses, including a community center, athletic facilities, future school site possibly, or a resilient center for emergency relief. We're also preserving approximately 111 acres in perpetuity in partnership with the Waik6loa Dry Forest initiative with public access trails, environmental education for kids, and restoration of the Native Dry Land Forest. This easement will adjoin'and add to the 400 acres already under their supervision and protection. We have more than 200 acres for a renewable solar energy projects. The conservation easement and the renewable energy plans together account for more than 300 acres, all of which will not have a water demand. So, when we call this Waik6loa Green, we really mean it. This is about living, working, growing, and raising a family in the same community. At this time, I'm going to ask Danny to address the water issue. Danny. CHR. KIMBALL: Before you go ahead, can I have you introduce yourselves for the record. Page 4 LAAC-31 September 15,2026 MR. YOSHIMURA: Sorry, my name is Jon Yoshimura. I'm with Waik6loa Green. MR. POPKIN: Hello Council, my name is Danny Popkin. Thank you so much for having us back again, and thank you for your public service. I realized after the last meeting, what you all do and how hard this work is. And how we have the community entering suggestions about this project.,And Jon and I really take this to heart. We spent four years in this community talking to a lot of people. We have met with Waik6loa Village Association many times talking about our project as well as Waik6loa safety advocates. We've met with many Council Members here tonight. We met with prior Council Members; we met with Tim Richards; we met with two Mayors. We've met with a lot of folks to'come up with a plan that Jon and I feel is a really integrated intentional plan that'is.special. And that's really,I think, the big picture for us. And of course, we have this issue that came up at the last meeting about water, and we'll address that'shortly. Jon went through all the reasons that we think this project's special. One other one just to add is that the Waikal6a Dry Forest initiative; I don't know if you know all of them, but they're an amazing organization that literally abuts our property: They now control an easement from the Village Association, 400 acres of land. As Mr. Flores said, the actual apparent trail area that goes through was in a gulch'on our property; and the 111 acres is that area that we're preserving as an open space as a conservation easement. And our partnership with Waik6loa Pry Forestinitiative is one inhere they'll steward the land; they'll reforest it. We've been big supporters of them since the day we showed up here. They've been here doing this fot I think, almost 15 to 20 years. I don't know if you know, but they have an after-school program where they have 60 kids come there to learn about environmental education; Hawaii cultural issues about the plants and the land and respecting it. And every year, I talk to Tenn Lawson. They have approximately 700 school kids that come there on field trips. So, one of the biggest things that we thought was so important was to align and adjoin our property with that. Give them the 111 acres to control. And we feel that integrating the community together with these homes and apartments, which will have a rent-to-home program; so that people can hopefully start to own their properties; maybe move into a one-acre lot. As Jon said, be a Page 5 LAAC-31 September 15,2026 multi-generational family and have a plot for gardening and perhaps raise an animal or two. Just feels like it all ties together so well. And we spent a lot of to time thinking about that. As you know, this process is different than what's I'm used to. As I said to you last time, my whole life I've spent restoring, rehabilitating buildings so they don't go into a dumpster. Jon and I joked, we've been environmentalists since the `70s when we first met. We take it seriously. When'the articles call us water hogs, we took that very seriously. So, we'll talk today about that was a big mistake that was made on that water estimate, One of the interesting things about the process here is that%we have about 30-plus conditions on our approval. And this is almost Like Jon and I been in high school for four years with some tough professors. Andwe're hoping if we gained support tonight with an approval we're going to go off with foul years of college. And we have a lot of hard work to do over the next four years to get this project hopefully built because there are a lot of approvals and conditions that have been put on this project and proper ones that we appreciate. One of the conditions that we've talked to Coincil Member Hustace about is water conservation. And there's an U.S. EPA (United States Environmental Protection Agency)program that is'called WaterSerse. And WaterSense is a program that mandates not only low-Mush toilets, shower heads, sinks, washing machines; but sensors on your pipes that come in. I have it on my phone. I use it for i y house. It tells you not only if there's a massive leak, but when there's drips. And this program has a minimum of 30 percent savings in water conservation. So our hope is that your 362,000'gallons a day will reduce down to 250 if that is successful. And the HOA'(Homeowners Association), CC&Rs (Covenants, Conditions, and,Restrictions), and conditions that we'll have on all the units will guarantee that they'll be great water conservation savings on this property. So, we're very proud of that, and I think that's certainly important part of what we need to do. And thank you for the last meeting, because we were asked to study this; come back to you and do whatever we can to change it. The Condition B in our approval; and there's 30 plus conditions and things we have to go through after this meeting if we become successful. Condition B is a very important one. It basically says, if there's no water, there's no development. What that really means is that Jon and I are totally at risk from the day of approval to whenever these projects are built. That if the State; if CWRM (Commission on Water Resource Management) were to put this project into designation, we would have to line up and argue that our project is maybe better than another one; better than a luxury resort, a golf course, and what have you. Page 6 LAAC-31 September 15,2026 We think, at that point, if that were the case, and hope that doesn't happen. We've talked to three hydrologists; one of which was Don Thomas. He's here on his own time. He's an academic; he's studied this his whole life, and some others. That there possibly is more water than the 16 million gallons a day sustainable yield. And that will be something that CWRM, I'm sure sill study and declare that in 2019. I'm sure that will continue. But Condition B in our approval, which is what we're here to talk about, our approval, literally says that if there's no water, we don't get'a CL (Casual Leave); we don't get plan approval. So, we're atrisk for that. We also have a Will Serve letter from Hawaii Water Service, which is a very important part of our approval process, which Jon and I have been working on for over a year. Jeff Darrow's team that's been extremely great: But also, very challenging. I mean we've beenthrough a number of iterations and worked with them to me sure we got this application right. But Condition B says that if you don't have water,you don't get it. And Hawaii Water Service is a requirement of our application. We have a Will Serve letter. We happen to have it with the 12 million gallons. We now have it with the 300. So, they have plenty of water in this tariff district that we're in to supply water for us. And if we need to,talk about that further, we can. So, that's part of our study. At the end of the day, if Chair Inaba asked to bring Mr. Scheuer here, and we have folks if need to get into that sort of round table discussion about CWRM and the greater global issues of the aquifer. And certainly, they're very important. And,I appreciate so much learning so much about it in the last two weeks.' Butin any humble opinion, I think the issue at hand is that we do have a Will Serve letter from awaii Water Service. We're 100 percent at risk under Conditon,B, that is We don't get it, we can't do it. So, that's something that maybe could be considered. I think that's pretty much the end of my thing. And I thank everybody for being here. 1R. YOSHIMURA: Before I close, I do want to acknowledge the Waik6loa Wildfire Safety Associates. You know, we didn't talk about fire until now. I think our position has always been that the best thing we can do to prevent a problem is to be responsible landowners. And from day one, we have tried to do that. We've worked with the DOT (Department of Transportation) to widen and improve fire breaks on our property. We've worked with Waik6loa Dry Forest Initiative to create new fire breaks. Page 7 LAAC-31 September 15,2026 Some of the fire breaks, I think, were cited by the Fire Department as being very helpful in preventing a spread of the last fire we had, maybe two or three months ago. There has been significant movement on the Kamakoa Egress. Within the last couple of months, the State and the County had come to some sort of agreement. They're moving forward with that. The right of entry on private properties has been resolved. And we've been told that the egress will be completed by the end of the year. So, you know, we're here to help. We're going to try to do whatever we can to get the community safe. Add some emergency routes. And we commit to our Wildfire Safety Associates people. We've been talking to them, and it's been very civil. We want to help them. We believe in whatthey are saying, and we're going to do our best to support them. And. again, I think by being responsible landowners, that's probably the number one thing we can do. You know, I'd like to share, I think in the packet, we have this graphic here, Waik6loa Green Community Benefits. I'd justlike.to, again, reiterate, you know, we're going to provide affordable workforce housing; one-acre agricultural homesteads; $10 million in Fair Share contributions; five acres of land to the County, a food,Hub; renewable energy development; public access to more than 100 acres of open space including trail and environmental resource protection. There's also been a number of testimonials that has been shared with you. And I just want to read very briefly from some of them. Alec Sou, President of Alou Farms, which operates on both Oahu and Kauai writes that the fact that this project is designed to put all of this in a single community alongside workforce housing, who will be the Hub's most immediate customers reflects the sophistication about'how food economies actually work. And I do not see that in'the development proposals. Rosearin Freitas of the Building Industry Association of Hawaii says, Waik6loa Green will providernuch needed workforce housing in South Kohala helping to create housing opportunities close to major employment centers. The addition of approximately 400 multi-family units represents a meaningful investment in the region's housing supply and supports efforts to retain the local workforce that is essential to the area's economy. Finally, comments from Jeri Lawson, who is the Executive Director of Waik6loa Dry Forest Initiative, Waik6loa Green's approach to development in Waik6loa if forward thinking and demonstrates a commitment to community that we haven't experienced with other developers. I'm really sorry, we didn't have a chance to talk to Mr. (Kalani) Flores; and really didn't have a chance to meet him till recently. These are the kind of people that we have tried to reach out and meet with as many people as possible. Page 8 LAAC-31 September 15,2026 We're also known people; known quantities. So, we ask people who have concerns or interests to please let us know. Unfortunately, the way we found out is through articles that drop a day before our hearings, and we're not able to sufficiently prepare for it. CHR. KIMBALL: I'm going to interrupt you right there, because I want to keep us moving. So, can we maybe stick to anything that's new information. I appreciate all of your outreach efforts. But I'd like to get into our deliberation again. Thank you. MR. YOSHIMURA: I'll just close with this final saying. Danny and I have spent years trying to create something special. Holistically, an integrated, sustainable community that will make Waik6loa stronger for generations to come and provide needed local regional housing. We're asking for your support so, we can finally get to work and,"build it. Thank you. CHR. KIMBALL: Thank you. Mr. Pipan,you have something? Again, keep your comments succinct and to novel material. (Note: At this time, Planning Consultant John Pipan came forward to address the members of the Committee.) MR. PIPAN: Thank you, Committee Chair Kimball, Vice Chair Onishi, and Members of the Council. John Pipan, Planning Consultant here today assisting Waik6l6a Orden. Wanted to touch on some public testimony points that were made. Mr. Flores brought up environmental review under HRS 343 (Hawai`i Revised Statutes). There are no triggers in our project. We've gone over this backwards, forwards, and inside out with the Planning Department. None of the alleged'triggers actually applied to this project. We do have a potential historic trail on the property, has been documented in the public record. The,June 5t' letter from Na Ala Hele Trails. We're happy to be workingwth them to fine exactly the location; survey, and preserve the trail. It appears to coincide with the I I I acres of open space that we've already baked into the rezone proposal. No use is proposed of that land. Similarly, it is a historic site but it is not on the National or Hawaii register of Historic Places, Which is what that trigger relates to. Then, thirdly, the power generating facilities as a trigger in HRS 343 are for fossil fuel power generating facilities, which obviously, that's not what we're talking about. So, none of these triggers apply or are not proposing to use State or County lands or funds; historic sites, or anything of the sort. And again, we've gone over this at length with the Planning Department. With respect to the Department of Education (DOE), I reached out to them. I spoke with representatives of DOE yesterday. They were finishing up their Page 9 LAAC-31 September 15,2026 letter, which they said they had essentially no concerns. But they were going to update us on the capacity and forecast for schools in the area. And we spoke to Council Member Hustace about this at length too. It's a complicated picture. But we are expecting today to receive those comments from DOE. No concerns from their prospective as they spoke to me on the phone about it. Just some updates. Similarly, I discussed with CWRM staff, their potential presence at today's meeting, virtually. They said they would work on it; see to it; reach out to Council Member Inaba. Since, I believe, if I recall real quickly, the request came from him. They wanted to make that connection. I ra not sure if they were able to fit it into their schedules. So, we have been diligently at work and look forward to discussing and your questions About the project- Thank you. CHR. KIMBALL: Thank you, Mr. Pipan. Right now, I'm going to pass it over to Chair Inaba who submitted a communication with another presentation. Why don't we take that up first, and then we'll go into deliberations. MR. INABA: Thank you. I just want to make sure. So, regarding the water concerns, have you folks shared your updates on'that? MR. PIPAN: We have experts here that can further add to the conversation. And we'd like to see this presentation as well. And their testimony may still be relevant, Their answers to questions that come up may still be relevant. MR. INABA Okay, so you folks are fine to proceed with this presentation? MR. YOSHIMLTRA: That's entirely up to you, Council Chair. MR. INABA My question is do you folks feel like you've addressed the water component as part of your introductions? MR. YOSHIMURA: Yes, we do. But just in case, you want to have a wider discussion: We have some people here who can speak to that. MR. INABA: Okay, thank you. So, in our packets and for those joining the meeting, we have Communication 1025.8 submitted by Dr. Scheuer. And he's in chambers today. So, I'm going to ask you to come forward at this time and give us.A brief overview of the water source here. It sounds like the applicant has brought folks to talk about water. So, we just want to make sure we are getting a comprehensive non-biased opinion on the water use and the resources available in this area. Can you please start by introducing yourself? (Note: At this time, Kahalawai Consultant Jonathan Scheuer Ph.D came forward to address the members of the Committee.) Page 10 LAAC-31 September 15,2026 MR. SCHEUER: Aloha mai kakou Council Chair Inaba, Chair Kimball, Vice Chair Onishi, my name is Jonathn Likeke Scheuer. I was born and raised and reside on the island of Oahu for the last three decades or so. I have been working on issues at the intersection of water use and land use across the Hawaiian islands. MR. INABA: Okay, and can you briefly describe your professional background and expertise specifically related to land use zoning and water development. MR. SCHEUER: Sure. I hold a bachelors, masters,doctorate, all in environmental studies. I wrote my doctoral decertation on the Waiahole Water case and how Native Hawaiian claims and scientific information were adjudicated by the Water Commission and the Hawaii Supreme Court. In terms of the land use experience, I spent three years as one of the two Kona Moku representatives on the Oahu Island Burial Counsel. So, dealing with burials in the context of development of Kaka ako and rail. I spent eight years in the State Land Use Commission from 2014 to 2022; the last four years as the Chairperson. I teach and have taught Land Use law at the William S. Richardson School of Law. ., As an employee for the Office of Hawaiian Affairs and as a consultant for the Department of Hawaiian Home Lands, I've advised on land acquisition management and development. Regarding water management are designation, I was deeply involved in the designation of the Na Wai Eha Surface Water Management Area(SWMA) on Maui; the Lahaina Surface and Ground Management Area on the Island of Maui; the ungrantod desigpation�of the Keauhou Aquifer on this island as well as a pending,designation petition for the Waianae Aquifer on the Island of Oahu. MR. INABA: Thank you. Do you currently have or have you had any previous financial,professional, or consultant relationship with the applicant? MR. SCHEUER: None whatsoever. I know a couple of their subconsultants. MR—INABA: Have you been retained or compensated by Waik6loa Green regarding the matter before us today? MR. SCHEUER: No, not at all. I will note that I am a consultant to the Department of Hawaiian Home Lands, and I actually think that they probably have concerns being they have unfilled projects that draw water from the Waimea Aquifer or may draw from the Waimea Aquifer. But I bought my own ticket today and just here on my own time. Page 11 LAAC-31 September 15,2026 MR. INABA: Thank you. Just wanted to set the groundwork there. And can you please proceed with this brief presentation. Note: At this time, Mr. Scheuer provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http:Hhawaiicountygranicus.com. A copy of the presentation is made part of the record, see Comm. 1025.8.) MR. SCHEUER: Mahalo nui. MR. INABA: Thank you very much for thatcomprehensive presentation. Again, I did ask him to be here today to'provide a nonbiased expert opinion on water resources available in the area: And I understand that the applicants have sent up their own experts here as well. But if;anyone has questions, invite them to ask now in case he needs to head out, as he has to return back to 140nolulu. CHR. KIMBALL: Thank you, Council'Member. Council Member Hustace. MR. HUSTACE: I reserve the right as the maker of the motion to begin debate. CHR. KIMBALL: I will acknowledge your primacy in the debate process here as the maker of the motion. Go ahead Council Member Hustace. MR. HUSTACE: Thank you, Chair. First of all, I want to thank everyone who has continued to participate in the discussion. And I appreciate the time, residents, community organizations,the applicant, and agencies have taken to engage With these measures. Much of the testimony reflect the tension that I think we all recognize. Everyone needs housing including housing that local working families can afford: At the same time, residents are asking legitimate questions about whether growth can�,occur safely and responsibly, given Waik6loa's existing infrastructure challenges, wildfire risks, evacuation restraints, water resources, schools, and other community needs. I do not think these concerns are fundamentally opposed to one another. The question before us is whether growth can occur responsibly, with appropriate protection for the community, and appropriate mitigation of the impacts created by this development. I also think it's important to recognize that Bill 187 before us has changed significantly throughout this process. At our previous meeting, we adopted a new wildfire resilience condition requiring this development to achieve and maintain compliance with Firewise USA principles or an equivalent County approved wildfire resilience plan. Page 12 LAAC-31 September 15,2026 I believe that is an important and precedent setting step for Hawaii County because it expressly recognizes wildfire risks within a rezone approval and requires resilience to be incorporated into the design; and long-term maintenance of a new community from the outset. In an area we all know wildfire risk is significant,we should be thinking about defensible spaces, vegetation management, home hardening, emergency preparedness, and long-term maintenance while communities are being designed; not years to come when houses have already been built. I also want to be clear about what the condition does and does not accomplish. Those measures can reduce wildfire risks within the development, but they do not eliminate the Waik6loa broader,evaluation challenge. Those are separate but related responsibilities. I do recognize the request that additional development should notmove forward until a permanent second road is funded and constructed. I understand the basis for that position. I believe every long-standing regional infrastructure deficiency can automatically rbe assigned to one project, particularly where the proposed regional roadway is not directly connected or primarily serving that property. What I do believe is that appropriate as requiring this development to demonstrate that its residents can be safely accommodated; that its access emergency planning are appropriate; and that the impacts attributable to this development are adequately mitigated. At the same time, the County has the responsibility to continue advancing broader evaluation and transportation infrastructure that Waikdloa needs. We also adopted a stronger drainage and flood mitigation condition. That amendment reflects the information that we have now in the South Kohala Flood Study and requires greater consideration of upstream and off-site runoff, existing drainage patterns, downstream impacts, and appropriate mitigation as the project moves forward. L think there's an important principal there as well. When better information becomes available about the hazards facing the property or the surrounding community, our land use decisions should reflect that information. We also strengthened the affordable housing provisions. Affordable housing should not simply be something promised at the end of a long development timeline. They should move forward along with the rest of the rest of the proj ect. Page 13 LAAC-31 September 15,2026 Taken together, these amendments have materially strengthened Bill 187. They established clear and more enforceable expectations about wildfire resilience, flood mitigation, and affordable housing. They also demonstrate that the legislative process can respond meaningfully to community members' concerns rather than simply moving the proposal forward exactly as it was submitted. Throughout this process, my focus about finding a reasonable middle ground. Not by minimizing the concerns raised by residents,,but by identifying that we can appropriately address if it's rezoned and what requires broader County action. Hawaii has a significant housing and cost-of-living challenge. And I do believe we cannot simply say "no"'to every project that comes before us. At the same time, growth has to occur resp asibly. It is our responsibility to require that this project to address the impacts it creates; strengths and protections where appropriate; and continue to do our part as a County to address larger regional challenges in the community facing Waik6loa. I appreciate everyone taking the time to testify. I think many have ultimately asked us the same thing, that growth can be thoughtful; that safety and infrastructure matter. And the decisions we'make today leave Waik6loa stronger in the future. This is the standard that I have tried to apply throughout this process and the standard I will continue to apply. Motion to Amend. Mir. ustace moved to amend Bill 187 with the contents of Comm. 1025.11. Seconded by Ms. Galimba. CHR:KIMBALL:, On,the amendment. MR. HUSTACE: Thank you, Chair. As we discussed, and as we shared recently from testimony and the presentation,you know, water is the most significant issues raised during our previous discussion and has continued to be a major concern in the testimony that we received. Since our last meeting, the applicant has provided additional information, included an updated Will-Serve letter; revised, estimated reducing projected power water demand from approximately 1.29 million gallons a day to about 362,000 gallons per day. I appreciate the additional work that has gone into refining those numbers and identifying opportunities to reduce potable water use particularly for Ag and irrigation needs. Page 14 LAAC-31 September 15,2026 But regardless of that final demand number, I think there's a broader principal that is important for us to establish. When we approve significant new development, especially in a new area where water availability and sustainability are generally community concerns, I do think our responsibility ends with determining whether water can be supplied. We should also be seeking how effectively and efficiently that water will be sued. This amendment will require the applicant to prepare a permanent water conservation plan as the project develops. For the residential portion of the project, it establishes a goal of reducing projected potable water use by at least 30 percent compared to typical new residential construction using the EPA water sense specification for homes as that benchmark: It does not require a formal certification. The amendment also recognizes that agriculture and other non-residential water uses are different. And for those areas that emphasize efficiency and the use of alternative or non-potable water sources where'feasble and permitted. I want to emphasize that this amendment is not intended to resolve the larger questions surrounding the aquifer or sustainable yield. Those questions deserve their own technical discussion; And I'm grateful f6r the presentation here today. This amendment addresses something much more directly within the control of the applicant's How responsibly the water allocated for this development is used. Water is limited. It is precious, and conservation should not be something we try to add years later after a community has already been built. It should be incorporated into that design and operation of new development from the beginning. T also believe"this creates a useful standard for future projects, and we should not only ask whether a development has access to water. We should increasingly expect significant new development to demonstrate that conservation is built into its design. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Hustace. Alright folks, we are on the amendment here, so, any discussion. Council Member Onishi. MR. ONISHL Thank you, Madame Chair. I guess to the applicant about this amendment on agriculture. To my knowledge, you guys are going to be using a private firm that's providing water in the Waik6loa area. Okay, my understanding is they're cost per gallon is higher than the public County water system, correct? So, on the agricultural side, farmers need water. So, how are you folks going to deal with that? Page 15 LAAC-31 September 15,2026 MR. POPKIN: Thank you, Councilman. So, there's a couple answers to that. Of course, the 400-unit rental apartments don't have agriculture. We will, as part of our plan, have some community gardens that will have plots of land that we're going to manage. So, that people living in the apartments can grow some food, and you'll have drip irrigation. MR. ONISHL Basically, home use then? MR. POPKIN: Home use, like drip irrigation. MR. ONISHL You mentioned that you folks;were looking for also at production of farming, right? MR. POPKIN: So, the next part of the project is the 275 one-acre Ag lots. And my belief of those lots, which Jon and I believe it will like a family; hopefully, a multi-generational family will live in,a house like that and have a plot'. Remember, we're in a very difficult Class E,very poor soils in Waik6loa. It's really hard to grow anything. So,people would have to have raised beds and maybe do drip irrigation, something like that: You know, it's a difficult place to grow; certainly not a commercial grow operation. MR. ONISHL So, when you did your presentation.'you mentioned about farming; providing food for the communities. So, it's not like regular farm lands that is going to be used for acres of growing different vegetables or fruits. You're talking about individual families that are going to be growing their own food. And that's if they have the time to do it. Because if they're working on this or if they purchase a home, they're going to have to working maybe multiple jobs to pay for it, right? They're mortgage, right. And so, they might not even have time to do farming. So, I think when you do your presentation, it should be a little different. Because t felt that there was going to be production of tonnage or at least 100's of pounds'of food for them. Because you also mentioned that there was going to be food,Hub, right? And so, where was all that going to be produced? CHR. KIMBALL: Council Member Onishi, I just wanted to remind you, we're on"the amendment about water conservation. MR. ONISHL Yes, I know, but you're talking about the agricultural side of the water, right? Because then it doesn't make sense if it's just basically for home use. Okay, go ahead. MR. YOSHIMURA: So, with regard to the one-acre lots. The amount of water that we're committing to those one-acre lots, I think, 600 gallons a day. Is that what it is? That's 200 gallons more. Page 16 LAAC-31 September 15,2026 MR. ONISHL So,just about the farming part. That's all I'm worried about. Because you folks did your presentation about farming, producing food. But you didn't say for home use only, right? And then you said you were going to have this food Hub. MR. YOSHIMURA: So, generally speaking, the vast majority of these one-acre lots, I see them as having growing things outside their homes, much like a lot of us may do. I grow on my 8,000 square foot lot in Ewa Beach, okra, Japanese cucumbers, papayas, a lot of stuff. I have at least 10 things that I'm growing. And my water usage with my house andthe irrigation does not come to 600 gallons a month. If these people want to have a larger scale agriculture activity on their one-acre lot, we are going to try to work with Hawaii"Water Service to get access to non-potable water; recycled and slightly brackish water. We will make that available to these people who wantto grow more. There may be some people who want to say to a farmer, "Hey, I want you to take half of my lot and half of my neighbor's'lot, and we're going to let you farm our property." And we'll work with those people to get them adequate water as well. MR. ONISHL So, where is that in the documents that states you folks are going to be doing this? MR. YOSHIMURA: We didn't detail it in our documents, but this is the idea abouthow we would accomplish that. Generally speaking, 99 percent of the people are just going to be growing like maybe, Basil and Rosemary, right? So, the other people who want to grow more, we'll work with them to get them ron-potable water for irrigation. With regard to the food Hub, we plan to do aquaponics there, which basically, you use water. MR. ONIS I: Who's we? MR. YOSHIMURA: Us, who are going to develop the food Hub and work with the tenants to get their aquaponics. MR. HOPKIN: If I may, I just want to understand your question. We're not farming on the land. The food Hub does not produce food. It's possible that somebody could do hydroponics or aquaponics. If they do, it would be reversed osmosis, recycled water. And the food Hub is more a place like this gentleman Alex who has an oyster farm; could bring Page 17 LAAC-31 September 15,2026 oysters in it; have a place to store it and distribute it; Alum Farms who owns Kauai Shrimp. MR. ONISHL So, basically, it's not on your property. MR. HOPKIN: You can't grow on this property. It's very hard to do. MR. ONISHL That's why I'm saying, that's the way you made your presentation. MR. HOPKIN: Yes, I heard you, it's a little;over embellished. I understand. MR. ONISHL Thank you very much. ;I yield. CHR. KIMBALL: Thank you, Council Member Onishi. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Okay; Mr. Hustace, thank you for guiding the conversation very skillfully. Into our first amendment, I would have liked to have more time discussing the bill before jumping„into amendments. But here we are. With the amendment in front of me, and the way this was guided into the conversation, I appreciate the intent. I really can't see a reason to say, no, to this. But this doesn't even begin to really get into the details of water usage as presented by Mr. Scheuer about"10 minutes prior to where we are right now. So,however the Council wants to go with this, this should just be common sense. Build out any of those plans. I mean toilets are now low-flow; all the devices in our homes are low-flow. Soy appreciate the amendment. I don't think it does what really needs to be done in this discussion. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on the amendment? Seeing none, all those in favor please say, "aye." Any opposed? Actually, we'll have to do a roll call. Vote on Motion The motion to amend Bill 187 with the contents of to Amend: Comm. 1025.11 was carried by the following roll call vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi, Villegas, and Chair Kimball —8. Noes: Committee Member Kaneali`i-Kleinfelder— 1. Absent: None. Excused: None. Page 18 LAAC-31 September 15,2026 MR. HENRICKS: Motion carries, the bill is amended. CHR. KIMBALL: Thank you, Mr. Clerk. Alright, back to the main motion, further conversation. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Okay, kind of where I wanted to start at the bill's basis. Mr. Scheuer, are you in eating right now? Okay. Thank you to Chair Inaba and his staff for getting Mr. Scheuer lunch. Thank you for being here today. What I was going to say is, when this first started,just any planning decisions should ultimately,have your input. Given you background, and I'm serious because there's a number of things that stood out to me in the last discussion around water use. Most of which revolved around one person's experience on being on different portions of government and involvement in project. But none of which have the depth of experience that you have in sustainable yield, water use, land use, decision-making at the State and County levels; Supreme Court cases; water law, public doctrine. All of that which is the backbone of how to make water decisions in Hawaii County. You touched on a few things in your opening discussion that I wanted to revisit. The way that we are currently drawing on the aquifers, you pointed to two things that caught my attention. One,we don't have a very solid understanding of aquifer overlaying and water source beyond physical viewing of an area. Andthen, two, how those sources are being tapped and what their actual yield is. Can you circle back to those items. I mean,you heard that this project'has decreased their usage by about a million gallons`per day. Arid we just heard a very interesting discussion about defining what Ag is., wring that conversation, I saw Mr. Pipan shaking his head, no; and the two applicants shaking their heads, yes. So, I don't know if whether they're doing Ag ornot" So, it's confusing to say the least. But if you could, dive in a little bit deeper. Because I've heard from Mr. Nance; I've heard this over the years; the articles that were written that came out talked about other areas that are having projects that are sizable, including the recent one, the Waik6loa Land Company's thousand time shares, I think we approved notmore than four or five years ago. And I was just reminded that there's a number of projects that have the ability to draw huge amount of water from an unknown aquifer source or system. So, dive a little bit deeper on that, because I have an interest in this beyond just being mad at the Water Department for not following what I just heard from you as well. They've brought them in front of us in the past six months to ask the same questions, and got, we're working on it answers. Page 19 LAAC-31 September 15,2026 MR. SCHEUER: Thank you very much, Council Member. I have been fortunate to have a lot of different experiences in line and water use and really credit the people who trusted me in the communities that I was able to work with. So, it's not so much expertise of my own but things that folks from around Hawaii have been generous enough to share with me. So, the State significantly underfunds the Water Commission. They're doing their best in many ways as they can with insufficient staff and insufficient scientific knowledge. So, they've set up this overly simplified system for protecting ground water that I described to you. Itcertainly has its flaws. It is the system that we have right now. There's ways that we could do better. The gold standard is to actually do what we call numerical models, three- dimensional models often developed,by the U.S. Geological Survey that capture all the different ways that water move. Like it was done for the Island of Maui,get to the level of sophistication where they say, "If you put a well in at this spotand you pump it at this much, here's what's going to happen to the other wells; here's what's going to happen to waterflow to the coastby Helping limu beds or estuaries, all those things." That doesn't exist for this area. And,it doesn't exist for the entire state. It exists in a few areas. So, we have the system that we Have, and we have this designation process. So, the duties that ILbelieve this Council has at this particular point don't end with just'a Will-Serve letter. Because, exactly as you said, you were already aware thatthere's other water demands that are coming from the Waimea Aquifer. If they're tied to the Hawaii Service wells in this area, that's where they're coming from. So, there's the previous project at Waik6loa that you mentioned for the time shares. -There's the pending `Oili Farms, which I understand is mostly entitled from the existing original Mauna Kea Resort entitlement plus other things. DHHL (Department of Hawaiian Home Lands), which is a public trust use with a much more higher priority review has a number of unbuilt projects with the Waimea aquifer as well as the desire to get water from the Waimea aquifer to Kailapa rather than depending on the very expensive Kohala Ranch Water System. So, when you lump all those together plus any water credits, the Department of Water Supply is already committed to any water credits that Hawaii Water Service has permitted to, that number and the water code is called the authorized plan use. Page 20 LAAC-31 September 15,2026 So, what you really need to know is not how much water has been pumped now, which we said is 89.68 percent plus this project. What you want to know is what is being pumped now, plus what is authorized plan use; plus this project. The idea is somebody has been written water checks and they haven't all been cashed from the account. So,you can't just look at the account balance right now and say, we're good. Because we have this balance when there might be a whole bunch of other checks coming in that area going to draw on that. Does that respond to your question, Council Member? MR. KANEALI`I-KLEINFELDER: That's a great response. Okay, and then to Mr. Darrow. Somewhere in my memory banks, I remember the Council passing some form of the law that requires the Planning Department,when we consider projects like this, to bring us all of the other projects; or maybe it's a change of zone, but it's something that requires Planning to show us all of their projects' pending approval or have potential buildouts. (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Correct. Yes, it was introduced I believe, by Chair Inaba. And it is presented to the Planning Commissions. So, I'm sure it's part of your packet that was brought up. It's an,Excel list that'identifies all the surrounding projects and what the status is,if it's still active or if it's expired. MR. KANEALI`I-KLEINFELDER: I don't know where it is in what we have. MR. DARROW; I'll go and look it. MR. KANEALI`I-KLEINVELDER: Can you get that to each Council Member prior to our discussion coming up for the next hearing, if there is; or there will be no matter what'. Yeah, before the next hearing. MR. DARROW: Yeah, no problem. MR. KANEALI`I-KLEINFELDER: Thank you. So, back to you Mr. Scheuer. o, Jeffs we have this requirement at the Council that Mr. Inaba built in which shows us all of the proposed developments, full buildout that are coming. That overlapped with a 90 percent draw currently, or 89.68 or close to 90 percent, which is a trigger for the Water Commission, correct? MR. SCHEUER: Yes, it's one of the seven criteria for groundwater designation. Page 21 LAAC-31 September 15,2026 MR. KANEALI`I-KLEINFELDER: Another point I heard is the water use is hard to track currently, because that's just the wells that are pumping. It's that they have the ability to pump. We just don't know how much they're pumping right now. MR. SCHEUER: So, the figure that was reported in Environment Hawaii is reported pumping. So, there are wells that are not reporting, even though it's legally required. So, they may be pumping. That couldbe added on to the 89 percent. MR. KANEALI`I-KLEINFELDER: How did we get that information? MR. SCHEUER: It's up to the Water commission, the Commission on Water Resource Management to provide those reports. MR. KANEALI`I-KLEINFELDER: Chair,just a little bit of latitude. CHR. KIMBALL: I'm going to come back to you because you already spoke on the amendment. Let me give some other folks the opportunity to chime in. Council Member Vill6gas. MS. VILLEGAS: Yes, thank you so much. Thank you for being here Dr. Scheuer. I have to honestly say,thatthe slides brought me to tears, best case scenario. And when did they say this was. MR. SCHEUER: These were projections to the end of the century, so 2100. MS. VILLEGAS: Okay, that's devastating, 33 percent less water in our aquifer for my`grandchildren and great, great grandchildren. Highly alarming, quite frankly for myself. And that being the best case scenario. Your ability to take us through and look at history. How did we get here? What decisions have been;made that got us to this point. It's this allusive potential source of answers for how to make better decisions moving forward that I navigate sitting in this role and position. Thank ,you for explaining the authorized plan use. Because that is a statistic number, I know that I have been chasing for years and have yet to get an answer. Some of us were just in Maui for the Hawaii State Association of Counties Annual Conference. And just sitting here, and correct me if I'm wrong Chair Inaba, but the intent is, you know, we hear the term Maui n6 ka `oi, and all I can think is Maui n6 ka wai. And the legal, cultural, environmental, social challenges and crises that they have experienced based on some unfortunate decisions that were made historically there. Page 22 LAAC-31 September 15,2026 I have deep concerns growing up here. I love Maui. It's beautiful. Watched it be devastated by Short-Term Vacation Rentals and condos; and housing development opportunities. And it still displaced the locals. So, growing up here and on the west side and having seen that become a potential part of our journey. I'm just being honest with all of you; I have red flags with that. It is lovely to pencil a development that almost could be euphoric. But unless you're planning to manage every person's parcel and what and how they farm, I know that's not practical having been involved with Kohanaiki and pushed and negotiated to get as much as we could from the community, I'm concerned about your ability to really enforce the things you're talking about. I do, however, want to compliment you and Council Member Hustace on that amendment and your willingness to lean in and make all those changes that are available to you now. I also wish we were using a better system that could actually scientifically look at our water and put'a lot of this to rest: It's really unfortunate that our most prized resource, whoever controls development and wealth. Wealth creation, wealth management; also, could potentially contribute to the destruction of civilization on the Big Island if, as we know it, if we don't manage it. I know that we can,survive without every one of us owning our own home,but we cannot survive without access to fresh water. So, my deep,concern here is our capacity as an island when it comes to our aquifers. And the unanswered questions to no fault of you, gentlemen as developers and,coming to us with what I'd like to think is an authentic intention to bring f iousing; to bring a template of what's possible. It's unfortunate that it's happening at a time of critical mass of climate change and,the impacts to our weather patterns and our water security. And with that, I'll yield at this time. CHR. KIMBALL Thank you, Council Member Villegas. Council Member Galimba. MS. GALIMBA: Thank you. So, I just want to bring the Ka`u perspective to this. And that is,you can have a giant development with zero water, and it doesn't have any impacts on water resources because they have no water. So, you know, I think this is a better option. They're going to try and do water conservation. They're going to take care of people. They're going to have opportunities for folks, if they want to, participate in agriculture. And agriculture doesn't have to be real crops. It can be aquaponics and hydroponics, which basically, all of the serious agricultural is Page 23 LAAC-31 September 15,2026 now greenhouse aquaponics or hydroponics. It is not real crops. Because that just doesn't work anymore. So, I've begged my fellow Council Members to not make the perfect enemy of the good. This may not be the perfect project. You may have not thought everything through. But they thought a lot through, and it's a lot better for our people than living in Ocean View. Not putting Ocean View down, because those folks are something else. But I think it's good to have other options than to live without water, without schools, and with very little access to escape routes if Lava Zones 1 and 2 erupts. So, I think Waik6loa Green is a better option. Thanks. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair.-Yeah, so much here. You know, recently a few months ago, took the OHS . (Office of Hawaiian Affairs) training talking about the Public Trust Doctrine, which,I knew about to some extent, but it was really reinforcing. I'm just wondering, I see here iu Waik6loa Green in your resources page, you mention the Kauai Springs Case. And maybe Mr. Scheuer, you're a good person to ask this question. But how does what came out of the Kauai Springs case apply or potentially apply to the Waiko'loa Green project? I just want to really understand this and feel like I have all the information. Because this is a really,hard decision, I think, one;way or another. MR. SCHEUER: Mahalox Council Member. The Kauai Springs case was decided by Hawaii Supreme Court in February of 2014. So, the real simple background, there was a water bottler who took over an old plantation spring on the island of Kauai. And they were bottling water, mostly for offices and selling it: And they"Wanted to expand because business was good. So, they went to the Planning Commission. But then some community members came and said, "If you're going to be taking more and more water out cif here,we're concerned." So, they testified about that, and the Planning Commission said, "Yeah, that might be a concern in matters of public trust, and so we have some responsibilities." So, they turned first to the Water Commission and said, could you give us any input? And so, they didn't show up today. They sent a simple letter to the Kauai Planning Commission and said, oh, it's not a designated water area, we can't do anything, which was not the right thing to say. But that's what they said. Page 24 LAAC-31 September 15,2026 So, then the Planning Commission said, okay, we don't have any information. So, they asked the applicant to provide it, and the applicant said, "We don't think we need to provide any." The Planning Commission denied their permit request. They said listen, we think this is going to impact the public trust resource water if we approve this. We don't have the information needed to make our decision, so they denied it. The private company appealed. It went all the way to the Hawai`i Supreme Court. The Hawaii Supreme Court upheld the County of Kauai. They said, "No, actually, the Planning Commission did exactly,the correct thing." Then one of the things that was super useful that the court did was that,you know, there is a series of complex water cases. Waiahole, Kukui I, Kikui II, Waiahole of Molokai, Na Wai Eha I, II, and III. And you're geeing to want to read through all of those. And so,they said, we're going to summarize everything for you, State or County agencies. So, they set up this whole process that if the,body of the county or the state is making a decision that's going to impact the water, what do you have to do? There's certain standards first the applicant is supposed to do. They're first supposed to show they're actualneeds, which seems like maybe we got a little bit closer to today. Then, they have to look at, do you have any available alternative sources. There's a particular standard called reasonableness and beneficialness, or the reasonable, beneficial standard'. Reasonable is, it is efficient. And beneficial is, is ifin line with existing State and County plans and priorities? Then, are they impacting any public trust uses of water, which include: The Hawaii courts have specified there's five public trust uses of water, which are always supposed to have priority,, Water left in its natural state, per ecosystems. So,water flowing mauka and makai whether it's in the streams or underground; water used in exercise in traditional and customary native Hawaiian practices; water reserved for or used by the Department of Hawaiian Home Lands. Water for the best needs of the ;general public. And water set aside for cult farming and other farming on kuleana`parcels. S , if the use proposed for one or those or not, and if it's not, is there going to be harm to one of those public trust uses. And then, there's a whole bunch of duties of the approving agency to then make specific findings about that. So, my uptake in this case is that you're aware of some of the information from the applicant, not necessarily all of the information from the applicant that would be required under Cody Springs. Page 25 LAAC-31 September 15,2026 You would need to do some of these analyses in order to fulfil your public trust duties towards water, especially given that, yes, there's some complexity and uncertainty around what the true boundaries are at the Waimea Aquifer. But it is what the Water Commission has said. They said if you go over 16, then you're going to start to be harming this resource. Thank you. MS. KAGIWADA: Thanks. I mean clearly, we're not dealing with a water bottling plant here. We're dealing with a project that has many wonderful attributes and could be really good for the community. And I think that's why I specifically am struggling so much with this decision. Because it does seem like a really good project. I guess, you know,if we'could trade it for some project that we okayed for time shares, I would love to,do that. So, about going forward, I'm wondering are there any alternate water sources? For some reason, that's needed by this project. or is the Waimea Aquifer the only possible place to draw water. MR. PIPAN: Thank you, Council Member for the question. It's a great question, it's very relevant. And the answer is affirmably, yes, there are alternate sources. In fact,Hawaii Water Service employs a brackish and recycled system for approximately three million pets day. It draws that brackish water from that adjacent Anaeho'omalu Aquifer. We intend to pursue similar sources for non-potable uses on this property as well. So, that is definitely an option Here. MS. KAGIWADA: Okay. And would that further reduce your water usage as you've detailed today, or is that already been taken in account. MR. PIPAN: No that would further reduce, especially, the irrigation and agricultural uses, which are in our current demand estimates. MS. KAGIWADA: Okay. And is the reason that wasn't maybe part of this before,just because you already go the okay for the water amount you wanted or is this like a more expensive, more challenging way to go? MR. PIPAN: I think it's primarily the first. We got the Will-Serve letter for the full request. Hawaii Water Service didn't have any qualms about providing the water. 'It's well within their capacity currently. They don't have to expand their system or drill in new wells to supply this water. But it's only come up in the last couple weeks that we're actually aware of these alternative sources of brackish and recycled water being available. So, it's kind of new information for me. MS. KAGIWADA: Okay, thank you so much. So, my thoughts on this are the Council Member representing the district that has this property in it, has clearly Page 26 LAAC-31 September 15,2026 done a lot of homework and I think has thought about projects that are already in play, but also potential projects. Especially, like the DHHL potentials coming up and he seems to be still supportive of this which carries a lot of weight with me. But I do have my concerns still around what I've heard here around the public trust and our responsibility for making sure that we don't go further than we should with the water commitment. So, I'm still really on the fence, and I know at least one person asked if this could potentially be postponed or held for a while. I don't know if that's a possibility with other people here. You know, new information is coming fast,it seems like. We've got a lot of new information today. You have recently got new information. I'm wondering if there's additional new information that may be coming out there. So, that's just where I'm at right now. So, I'll leave it at that and let my colleagues jump in here, as they nay. I yield. CHR. KIMBALL: Thank you, Council'Member Kagiwada. I will just note that we are about 10 minutes into the next scheduled meeting. So, want to keep this succinct. Council Member Onishi. MR. ONISHL Thank you, Madame Chair. I was just going to ask the question too. We want to just have this postp6ned,to the next meeting for more discussion. CHR. kIMBALL: I'm going to ask Chair Inaba to introduce a manini housekeeping amendment so we can resolve that. And then, I think what I'm getting,a sense of from the body is that there's a desire to have more conversation. I haven't weighed in yet, but I would feel comfortable there's some data that I don't have but I'd like to have. Thank you. MR. ONISHT: So, I'll yield to Chair Inaba. Motion to Amend: �Mr. Inaba moved to amend Bill 187 with the contents of Comm. 1025.10. Seconded by Ms. Kierkiewicz. ,CHR. KIMBALL: Council Member Inaba on the amendment. MR.INABA: Thank you. This is housekeeping. My office prepared the last amendment, which we overlooked. Ask for your support, thanks. CHR. KIMBALL: Any discussion? Seeing none, all those in favor,please say, "aye." Any opposed. Page 27 LAAC-31 September 15,2026 Vote on Motion The motion to amend Bill 187 with the contents of to Amend: Comm. 1025.10 was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Okay, back to the main motion. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Seeing that we're running out of time in this question about water availability and commitments is still lingering, I had suggested at the last committee hearing, and I'll suggest it again, hearing from CWRM; if they are the regulatory body that is keeping track of all of the water commitments, as Mr. Scheuer had suggested. Lot of checks have been written but we don't know if the bank is going to be able to cash it, right? I think it's really importanttoknow if this project being brought before us for our consideration; and water commitments already being provided by the private water service company*just wanting to do our due diligence to make sure there is caring capacity for the area to support what we all agree"to' be a very worthwhile project. So,,if your office would like to write that letter, or our office can take the lead. I just think it's important for us to hear that body by the next hearing. Thank you. CHR. KIMBALL: Agreed. Council Member Kaneali`i-Kleinfelder. MR.'KANEALI`l-KLEINFELDER: While we have homed in on water, I'd like the applicant to be a little bit more specific about your agricultural use. I've heard Ag. I've heard renewable energy. What I heard was a beautiful project. I think as we sorted out more of the details, there's a beautiful project of paper. And then there's reality of what we're going to build. Similar to what I've heard from the testifiers today. S , I would say, sharpen those pencils and come back to us with the project as you actual plan to build. Renewable energy, Ag, 10-acre lots, food Hubs, those things take water, especially a food Hub. Then to Mr. Scheuer, thank you for being here today. Enlightening as usual. Then we homed in on water very specifically today. It's very important. The plate of Waik6loa is what I see as an incompetency from past Councils and developers to adequately build infrastructure in Waik6loa, leading to what we Page 28 LAAC-31 September 15,2026 have today. That's why Matt Chalker is in here and Wildfire. Folks have come in again and again to lean in on us to make better decisions now. This is another application for a big project for a lot of homes. It's not just water. It's how people get in and out. It's two highways or one highway servicing the entire area. Mr. Inaba's comment about the schools. All of this. It's our duty to review the impact on infrastructure and our community when we look at a project like this. Seeing Kanani Aton stepping away from the project and thinking about the Waik6loa Land Company decision; 1,000 time shares coming, not built yet, and Kailapa's inability as a Department of Hawaiian Hometands project with existing parcels that don't have access to County water and'rely on Kohala Ranch Water. Currently, all point to some very, to me,just inappropriate past decisions. Here we are with another project trying to decide whether we should or shouldn't move forward with more homes,because they may be affordable and solve a crisis. It is a lot of question marks out there that if you look at holistically, this is going to be a difficult decision.,for me. So, thank you for your time today, And thank you to everyone who came in to participate. Look forward to our next'hearing. And Mr. Darrow,please show us that fist of proposed projects. And Mr. Scheuer, if you could work with us with,the information that Ms. Kierkiewicz requested from CWRM and a better layout of water usage in the area, that would be tremendous. Thank you. CHR: KIMBALL: Thank you, Council Member. I'm going to check in over there with Mr. Hustace, any final comments before I take a motion to postpone. MR. HUSTACE: No thanks, Chair. MS. KIMBALL: Alright. Council Member Onishi, did you want to make the motion to postpone for us? Motion to Postpone: Mr. Onishi moved to postpone Bill 187, as amended, to October 6, 2026. Seconded by Ms. Kagiwada. MR. INABA: I just have a question. You know a lot was just asked of the applicant, and I want to make sure two weeks is enough time. If not, the next Committee meeting would be October 20, and that one would be in Kona; also, with the request for CWRM. I just don't know if that's enough time. So, first and foremost, with the applicant. MR. HOPKIN: Thank you for the courtesy, I would certainly prefer to come back in two weeks. I've been coming several times, and appreciate it getting things Page 29 LAAC-31 September 15,2026 done. I just want to say one thing about CWRM. You asked me to do research over these last two weeks on water, and I've spent an enormous amount of time talking to, not only Don Thomas, who was on, but other hydrologists. And I think the problem with CWRM will be that there is a debate or discussion with the hydrology community. MR. INABA: Sorry, I think we go back and forth with the science that currently exists. But just wanted to check on the date. And then,lax. Scheuer,just from your professional opinion, do you think that we would be able to get an answer from CWRM in two weeks? Alright, we'll try our best for two weeks. Thank you. I just wanted to double check with the applicants first. I yield. MS. KIMBALL: We'll do our best to try to get somebody in that timeframe. It may be a bit of a challenge, but we do'have a`little bit of extra time between our next session; this go around. Aright, any further discussion on the postponement? Seeing none, all those in favor, please say "aye." Any opposed? Vote on Motion The motion to postpone Bill 187, as amended, to to Postpone: October 6, 2026,was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused, None. CHR. KIMBALL: Bill 187 is postponed to October 6, 2026. Mr. Onishi. Motion to Postpone: Mr. Onishi moved to postpone Bill 186, as amended, to October 64 2026. Seconded by Ms. Villegas. Vote on Motion Mr. Onishi moved to postpone Bill 186, as amended, to to Postpone: October 6, 2026. Seconded by Ms. Villegas and carried (Approved) by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 186 is postponed to October 6, 2026. With that, we have no further business on our agenda. We are adjourned. Mahalo. Page 30 LAAC-31 September 15,2026 ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 1:17 p.m. Approved: Ms. Heather L. Kimball, Chair (Date) Legislative Approvals and Acquisitions Committee HK/dt Page 31