STAND. COM. REP. NO. 404

Honolulu, Hawaii

RE: S.B. No. 554

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 554 entitled:

"A BILL FOR AN ACT RELATING TO STATE WATER CODE PENALTIES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Add a minimum penalty of $50 per violation of the state water code and make each day that a violation exists or continues a separate offense; and

(2) Require the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual. Your Committee received comments on this measure from the Department of Agriculture.

Your Committee finds that the state water code's penalties and fines must be strengthened to deter violators. This measure ensures that all violators of the state water code are held accountable by creating a minimum penalty of $50 for every violation.

Your Committee has amended this measure by:

(1) Clarifying what actions qualify as state water code violations and subject a person to penalties;

(2) Deleting provisions relating to determination of the earliest known date of a violation;

(3) Deleting language that would have required the Commission on Water Resources Management to consider the violator's ability to pay when determining the penalty amount;

(4) Inserting an effective date of December 31, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 554, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 554, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

________________________________

KAIALI'I KAHELE, Chair