Executive Summary of Adaptive Tools

Transcription

1 Executive Summary of Aaptive Tools from Water Resources an Climate Change Aaptation in Hawai i: Aaptive Tools in the Current Law an Policy Framework 2012 Full-length white paper available at an University of Hawaiÿi

2 Center for Islan Climate Aaptation an Policy The Center for Islan Climate Aaptation an Policy ( ICAP ) facilitates a sustainable, climate-conscious future for Hawai i, the Pacific, an global islan communities. ICAP prouces innovative, interisciplinary research an realworl solutions for islan ecision-makers in the public an private sectors. As a focal point for University of Hawai i climate expertise, the Center serves as a two-way conuit between the University an islan communities to catalyze climate change aaptation an resilience. ICAP is a University of Hawai i Sea Grant Center of Excellence in partnership with the University of Hawai i William S. Richarson School of Law, the School of Ocean an Earth Science an Technology ( SOEST ), the Hawai inuiākea School of Hawaiian Knowlege, an the College of Arts an Sciences. Aitional information about ICAP is available at Pacific Risa Program The Pacific Regional Integrate Sciences an Assessments Program ( Pacific RISA ) strives to enhance Pacific communities ability to unerstan, plan for, an respon to changing climate conitions. As one of eleven U.S. RISA programs fune by the National Oceanic an Atmospheric Aministration, Pacific RISA conucts interisciplinary research, assessment, an outreach. Pacific RISA emphasizes the engagement of communities, governments, an businesses in eveloping effective policies to buil resilience in key sectors such as water resource management, coastal an marine resources, fisheries, agriculture, tourism, isaster management, an public health. The primary geographic focus of Pacific RISA is the U.S.-Affiliate Pacific Islans (Hawai i, Guam, American Samoa, Commonwealth of the Northern Mariana Islans, Feerate States of Micronesia, Republic of the Marshall Islans, an Republic of Palau), networke with Pacific regional partners an the U.S. Mainlan. For further information, please contact us: Center for Islan Climate Aaptation an Policy University of Hawai i Sea Grant College Program 2525 Correa Roa, HIG 212 Honolulu, HI (808) ICAP@hawaii.eu Pacific Regional Integrate Sciences an Assessments Program (Pacific RISA) East-West Center Room East-West Roa Honolulu, HI (808) Please cite this work as follows: Richar Wallsgrove an Davi Penn, Executive Summary of Aaptive Tools From Water Resources an Climate Change Aaptation in Hawai i: Aaptive Tools in the Current Law an Policy Framework, (Center for Islan Climate Aaptation an Policy, Honolulu, Hawai i, 2012), available at /icap-publications an This ocument has been aapte from the full-length white paper. To access the complete version, please visit an Disclaimer: This publication is for informational an eucational purposes only an oes not constitute legal avice. For legal avice, consult an attorney. 2012, University of Hawai i, Center for Islan Climate Aaptation an Policy. Cover photo: Richar Wallsgrove

3 Water Resources an Climate Change Aaptation in Hawai i Climate change aaptation is the process of increasing resilience an reucing vulnerability to risks relate to climate change. From a law an policy perspective, aaptation primarily means: (i) ensuring that current policies an proceures account for climate trens, variability, an uncertainty; an (ii) ensuring that, when ecision-makers receive new information from climate scientists in the future, they will be able to appropriately act on that information with the existing policies an proceures. Thus, aaptation is not just about creating new policies, but about routinely consiering how the future climate may affect the outcomes of ecisions, an using that State of Hawai i Commission on Water Resource Management, 2008 unerstaning to make more informe ecisions. The nee for aaptive tools is especially sharp in the context of managing vital water resources. Hawai i s water experts recognize that climate change has the potential to evastate natural resources an human communities. Alreay, troubling patterns of climate change are being observe in Hawai i. These observations inclue: The impacts of global climate change in the Hawaiian Islans can potentially evastate our consierable natural resources. Climate change causes alterations in temperature an precipitation patterns, an Hawaii s water resources are almost exclusively epenent on rainfall. Declining rainfall; Reuce stream flow; Increasing air an sea surface temperatures; an Rising sea level. Pruent water resource planning shoul consier the long-term impacts of global climate change an how this coul affect Hawaii s water supplies. Photo: Zena Grecni Water flowing in the Waiāhole Stream is fe by groun water from ike-impoune aquifers in the Ko olau Mountains. To access the full-length white paper, please visit an 1

4 Such trens pose serious consequences for the replenishment an sustainability of both grounwater an surface water resources. These worrisome trens are further compoune by a forecast for rising population an increasing water eman, an by the potential for future climate change phenomena, such as changes in the trae win regime that rives Hawai i s orographic rainfall. Together, these trens an risks present a compelling nee to carefully manage Hawai i s water resources. The picture is clear. Hawai i must aapt to a future that will be ifferent from the present, especially in the realm of water resources. In Water Resources an Climate Change Aaptation in Hawai i: Aaptive Tools in the Current Law an Policy Framework, the Center for Islan Climate Aaptation an Policy ( ICAP ) has analyze Hawai i s law an policy framework to ientify ways of enhancing climate aaptation for Hawai i s water resources. In broa terms, the following characteristics efine the aaptive capacity of such laws an policies: Forwar-looking focuse on crisis avoiance over crisis mitigation; Flexible able to ajust to changing nees an conitions; Integrate able to aress climate-relate impacts that cut across political an geographical bounaries; an Iterative utilizing a continuous loop of monitoring, feeback, an reevaluation. Hawai i s existing law an policy framework can support climate change aaptation because these characteristics are alreay incorporate into various manates an policies. Examples inclue: a forwarlooking constitutional manate for long-term water resource protection; the flexibility of the Water Commission to continuously upate an refine estimates of the sus tainable yiel (the amount of water that can be sustainably rawn from each aquifer); the integrate four-part Hawai i Water Plan, with input from virtually every corner of the state; an the iterative require ment that salinity an other measures of water sustainability must be vigilantly monitore. Law an Policy Framework for Water Resource Management in Hawai i Haw. Water Plan County Bs. Water Supply Hawai i Constitution Public Tr ust Doctrine Precautionary Principle Water Coe an Water Commission Lan Use Regulation an Planning Haw. Dep t of Health Watershe Protection Haw. Dep t Agric. Recycling an Conservation Iniviual, Business, an Gov t Water Users Twelve Aaptive Tools for Water Resource Management in Hawai i Because Hawai i s existing law an policy framework can support soun aaptation, the critical next step is to ientify appropriate tools for implementation. ICAP has ientifie twelve such tools, in three categories: (1) 2 To access the full-length white paper, please visit an

5 policy an planning-base tools, centere largely aroun the Hawai i Water Plan; (2) regulatory tools, base on the Water Commission s broa jurisiction to regulate all water uses an resources in the state; an (3) market-base tools, tie to the cost of protecting water resources. The tables below provie an overview of these twelve tools, which are escribe an analyze in more etail in the full-length white paper. The tables briefly ientify existing moels that have been teste in Hawai i an elsewhere; estimate implementation time frames an costs; suggest lea an supporting agencies for initiating action; an recommen initial steps for implementation. Decisionmakers shoul consier that each tool requires further refinement on the groun through collaboration, eucation, an outreach. These twelve tools are consistent with Hawai i s existing law an policy framework, an each can enhance Hawai i s ability to aapt to climate change Aaptive Policy an Planning Tools 1 Incorporate Climate Change Planning Into the Hawai i Water Plan The Hawai i Water Plan is a comprehensive tool to ai long-term planning for water resources. However, to make that tool more effective, all four parts of the Water Plan shoul expressly aress climate change issues an climate change scenario planning. Existing Moel(s): Long-term climate scenario planning (e.g., California Water Plan) Implementation Time Frame 1 : Long Implementation Cost 2 : Moerate Initial Steps: Revise Water Commission s Statewie Framework for the Hawai i Water Plan, with express irective to incorporate climate change planning into each Plan component. 2 Enforce Five-Year Upates to the Hawai i Water Plan The process for upating the Water Plan is in flux. Some portions have been upate recently, while others have not change since Regular, iterative upates are necessary for the Water Plan to serve as an aaptive tool. Existing Moel(s): E.g., California Water Plan, Melbourne Water Supply an Deman Strategy Implementation Time Frame: Meium Implementation Cost: Moerate Support: All agencies involve in the Hawai i Water Plan. Initial Steps: Water Commission irective to upate all elements of the Hawai i Water Plan on a five-year cycle. Ientification of most effective enforcement options. (continue on next page) 1 A Long implementation time frame means approximately twenty years or more, which is consistent with the commonly use planning horizon. A Short implementation time frame means the near future. These are broa estimates that coul vary with other factors such as cost an resource availability. 2 A High implementation cost means that the tool coul require large amounts of specially esignate agency funing or staffing. A Low implementation cost means that existing processes an programs can be use to implement the tool, or that the tool has a potentially high cost-saving value. To access the full-length white paper, please visit an 3

6 Aaptive Policy an Planning Tools (continue) 3 Expan Moels of Water- an Climate-Conscious Lan Use Plans an Policies Continue integration of lan use an water resource planning, as illustrate by Maui s Water Availability Policy, empowers an integrate an aaptive approach. Existing Moel(s): Maui County Water Availability Policy Implementation Time Frame: Meium Implementation Cost: Low Lea Agency: County councils Initial Steps: Counties to aopt appropriate policies, orinances, an plans to more fully integrate lan use an water planning. 4 Aopt Existing Moels to Integrate Watershe Conservation with Water Resource Planning Combining the watershe protection process with the Hawai i Water Plan (via each county s Water Use an Development Plan) can empower the aaptive goals of monitoring an integration. Existing Moel(s): O ahu Water Use an Development Plan ( WUDP ) an Watershe Management Plans Implementation Time Frame: Meium Implementation Cost: Moerate to High Lea Agency: County Water Supply Support: Water Commission; Dep t of Lan an Nat. Res. Initial Steps: Counties to revise internal process for WUDP preparation. 5 Finalize an Implement Manatory Water Conservation an Recycling Plans The counties have taken some initial steps towar compiling manatory water conservation an recycling plans, an shoul finalize an implement those plans. Existing Moel(s): Dep t of Lan an Nat. Res. Prototype Water Conservation Plan; Maui County Conserva tion Policy; Victoria, Australia Water Saving Rules; 2008 Water Resource Protection Plan Implementation Time Frame: Meium Lea Agency: County Water Supply Implementation Cost: Moerate to High Support: Dep t of Health; Water Commission; legislators Initial Steps: Counties to work with feeral an state agencies, subject matter experts, an water users to ientify appropriate conservation an recycling tools, an to aopt appropriate policies, orinances, an plans. Aaptive Regulatory Tools 6 Aopt Climate-Conscious Sustainable Yiel an Instream Flow Stanars Sustainable yiel an instream flow stanars form the heart of the water planning process uner the Water Coe. They shoul account for climate change an potential impacts, an they shoul be reevaluate on a regularly scheule basis. Existing Moel(s): Clearly Sustainable Yiel Implementation Time Frame: Meium Implementation Cost: Low Initial Steps: In connection with a climate-conscious Hawai i Water Plan, Water Commission to establish long-term scheule for reevaluating sustainable yiels an instream flow stanars, with irect links to upate climate change ata proucts. (continue on next page) 4 To access the full-length white paper, please visit an

7 Aaptive Regulatory Tools (continue) 7 Enforce an Expan Statewie Water Use Monitoring an Reporting Monitoring an reporting requirements containe in water use permits (for esignate Water Management Areas) an reporting of water use (even in non-esignate areas) are critical components of aaptive water resource management. These requirements must be enforce. Existing Moel(s): State Water Coe Implementation Time Frame: Short Implementation Cost: Moerate Initial Steps: Support an expeite existing efforts to streamline an igitize the reporting process, an expan it to inclue automate internet publication of all reporte ata. 8 Expan Water Management Areas ( WMAs ) Uner the Water Coe, more aaptive tools an strategies are applicable in WMAs than in non-esignate areas. Designating WMAs for both surface water an grounwater resources coul enhance protection against climate hazars. Existing Moel(s): Existing WMAs; 1994 Review Commission Report on the State Water Coe Implementation Time Frame: Long Implementation Cost: High Support: County WUDP; state legislature Initial Steps: Water Commission to assess climate change impacts an ientify non-esignate areas that are most threatene, or that have the greatest aaptive potential for protecting recharge an watershes. 9 Aopt More Aaptive Conitions for Water Use, Well Construction, an Stream Diversion Permits The stanar an special conitions applicable to such permits shoul be amene to enhance aaptive capabilities such as monitoring an forwar-looking flexibility. The suggeste amenments coul empower use monitoring, rain an stream monitoring, an permit compliance inspections. Existing Moel(s): Existing permit conitions Implementation Time Frame: Short Implementation Cost: Low Initial Steps: Water Commission to revise the stanar conitions for new water use permits, an ientify opportunities to revise existing permit conitions. (continue on next page) Photo: Zena Grecni Orographic clous, like those picture here on O ahu s Ko olau Mountains, prouce rain an fog rip that is critical to grounwater recharge. To access the full-length white paper, please visit an 5

8 Aaptive Market-Base Tools 10 Encourage Water-Conscious Construction an Moifications with Green-Builing Benefits an Creits New evelopment, an reevelopment, present an opportunity to incorporate water-conserving infrastructure an practices. State an local government shoul enhance green-builing efforts with (1) county rebates an utility creits an (2) state income tax creits irecte specifically at water conservation. Existing Moel(s): Hawai i Energy Program; Hawai i renewable energy tax creit; Haw. Rev. Stat (expeiting builing permit process for green-builing projects). Implementation Time Frame: Long Lea Agency: County Water Supply Implementation Cost: Moerate Support: County councils an state legislature Initial Steps: County an state agencies to ientify appropriate conservation incentives. 11 Relate Water Commission Fees More Closely to the Cost of Water Management an Watershe Protection It appears that the fees presently charge in connection with obtaining an maintaining water-relate permits are not consistent with the Water Commission s cost of managing water resources. Changes to the fee structure, an the collection of penalties for non-compliance, can help to narrow that gap. Existing Moel(s): Dep t of Lan an Nat. Res. am safety regulations (propose H.A.R ) Implementation Time Frame: Short Implementation Cost: Moerate Initial Steps: Water Commission to ientify areas for appropriate an reasonable fees. 12 Aopt a Public Goos Charge for Water Use An across-the-boar fee for water use can impart a conservation price signal, an fun the cost of water management an conservation. Existing Moel(s): California energy public goos charge; county property tax regime Implementation Time Frame: Meium Implementation Cost: Low Support: County water supply; county councils an state legislature Initial Steps: Ientify appropriate mechanisms for assessing an collecting a public goos charge. Acknowlegments The authors wish to acknowlege the contributions an assistance of Maxine Burkett, Davi Callies, Tony Donnes, Melissa Finucane, Neal Fujii, Thomas Giambelluca, Zena Grecni, Victoria Keener, Isaac Moriwake, Lenore Ohye, Leslie Ricketts, Kapua Sproat, Barry Usagawa, an Kylie Wager. Publication support was provie by the East-West Center. This work is supporte by funing from the National Oceanic an Atmospheric Aministration for the Pacific RISA Program, uner grant number NA10OAR To access the full-length white paper, please visit an