STAND. COM. REP. NO. 452-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1544

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1544, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Expand the types of potential violations of the State Water Code;

(2) Add a minimum penalty and amend the maximum penalty per violation of the State Water Code;

(3) Clarify what constitutes a separate offense;

(4) Require the Commission on Water Resource Management to consider certain factors when imposing penalties; and

(5) Make the setting, charging, and collecting of administrative fines by the Commission on Water Resource Management mandatory, rather than discretionary.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Sierra Club of Hawaiʻi; and one individual. Your Committee received testimony in opposition to this measure from the Land Use Research Foundation of Hawaii. Your Committee received comments on this measure from the Department of Water Supply of the County of Hawaiʻi and Honolulu Board of Water Supply.

Your Committee finds that this measure will better enable the Department of Land and Natural Resources and Commission on Water Resource Management to protect the precious water resources of Hawaii by amending and clarifying the penalty structure for violators of the State Water Code.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1544, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair