STAND. COM. REP. NO. 1859

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 Committees on Judiciary and Ways and Means, to which was referred H.B. No. 153, H.D. 1, S.D. 1, entitled:

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

beg 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 $60,000 per violation of the State Water Code and make each day that a violation exists or continues to exist a separate offense;

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

(3) Create two positions within the Commission on Water Resource Management; and

(4) Appropriate funds.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources.

Your Committees find that the State Water Code's penalties and fines must be strengthened to deter violators because current fines and penalties appear to be too low to act as an effective deterrent. This measure will clarify and strengthen the State Water Code and ensure that all violators of the State Water Code are held accountable.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 153, H.D. 1, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair