STAND. COM. REP. NO. 1146

Honolulu, Hawaii

RE: H.B. No. 153

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 153, H.D. 1, 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 and a maximum penalty of $25,000 per violation of the State Water Code and make each day that a violation exists or continues to exist 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 Hawai‘i Reef and Ocean Coalition.

Your Committee finds that in 1987, the State Water Code was adopted to protect the precious water resources of the State. Your Committee further finds that to better enable the Commission on Water Resource Management to carry out its mission, the State Water Code's penalties and fines must be amended and increased to serve as an effective deterrence to violators. Therefore, this measure provides a necessary update to the penalties and fines for violations of the State Water Code to meet the current needs of today.

Your Committee has amended this measure by:

(1) Increasing the proposed maximum penalty to $60,000 per violation, from $25,000 per violation; and

(2) Amending section 1 to reflect its amended purpose.

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 H.B. No. 153, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 153, H.D. 1, 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,

________________________________

LORRAINE R. INOUYE, Chair