Informing the Legislature that on May 27, 2026, the Governor signed the following bill into law: SB2398 SD2 HD2 CD1 (ACT 045).

2026 Regular Session

Public access to standardized water service-area information and a 45-day written response for small residential parcels (≤3 units).

Received.

#act045

Summary of Bill GM 1145 (SB 2398 CD1) – Hawaii, 2026

Purpose and Intent

The bill, enacted as Act 045, adds a new provision to Hawaii’s residential housing utilities framework.

Its central goal is to provide the public with accessible information about water service availability for residential properties, while balancing privacy and practicality concerns.

Key Provisions

1) Creation of Public Service Availability Information
- Requires the Board of Water Supply (BWS) to publish on its website:
- A map of service areas.
- A list of service-restricted areas.
- Important clarifications:
- Parcel-by-parcel details are not required.
- Utility asset specifics do not need to be listed.
- Location and timing:
- The map and list must be published no later than January 1, 2029, and kept reasonably updated.
- Advisory language:
- The board may include a disclaimer stating that the map data are preliminary and do not constitute a final determination of water availability.

2) Customer Service Response Time for Small Residential Parcels
- For water availability requests concerning residential parcels with three or fewer units, the BWS must respond in writing within 45 days of receiving a complete request.
- Any determination issued under this subsection remains valid for 90 days from the date of issuance unless the board specifies otherwise.

3) Regulatory Authority
- The BWS is authorized to adopt rules under Chapter 91 (administrative rules) as needed to implement and enforce this section.

4) Duplicate Provisions in Part II and Part III
- The bill includes parallel language in both Part II and Part III of Chapter 54, Hawaii Revised Statutes, ensuring consistency across different sections where service availability information is referenced.

5) Effective Date
- The act takes effect upon approval (May 27, 2026).

Affected Entities and Impacts

Primary: Board of Water Supply (BWS), City and County watery utilities in Hawaii.

Beneficiaries:

Homeowners and prospective residential buyers/lessees seeking information on water service availability for parcels with up to three housing units.
Real estate developers and local planning agencies that rely on accessible water service data for site planning.

Practical impact:

Improves transparency around service areas and restrictions.
Streamlines early-stage due diligence by providing standardized, public-facing information.
Establishes a predictable response timeline for small residential water availability inquiries.

Procedural and Timeline Details

Publication deadline: By January 1, 2029, the BWS must publish the service-area map and list of service-restricted areas on its website and keep them updated.

Response timeline: 45-day written response window for water availability requests for residential parcels of three units or fewer.

Validity of determinations: 90-day validity window for such determinations, unless the BWS specifies otherwise.

Rulemaking: BWS may adopt necessary rules under Chapter 91 to implement the section.

Effective date: Act takes effect upon the Governor’s approval (May 27, 2026).

Notes

The bill emphasizes public access to high-level service-area information while avoiding parcel-level data and detailed asset inventories.

It includes a caveat that map data may be preliminary, clarifying that it is not a final water-availability determination.