STAND. COM. REP. NO. 987

Honolulu, Hawaii

RE: S.B. No. 44

S.D. 2

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 S.B. No. 44, 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) Create a minimum penalty of $50 for every violation of the State Water Code;

(2) Raise the maximum penalty to $25,000 for every violation of the State Water Code;

(3) Clarify that each day that a violation exists or continues is a separate offense; and

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

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

Your Committees find that this measure will support the Commission in its affirmative duty to protect, control, and regulate the use of Hawaii's water resources in accordance with article XI, section 7, of the Hawaii State Constitution. According to testimony received by your Committees, many violations of the State Water Code go unchecked due to the limited number of Commission staff. Your Committees further find that none of the staff at the Commission are dedicated solely to investigating and correcting violations of the State Water Code.

Accordingly, your Committees have amended this measure by:

(1) Inserting a blank appropriation amount to the Department of Land and Natural Resources for two full-time equivalent (2.0 FTE) general professional positions within the Commission to ensure compliance and enforce the State Water Code;

(2) Amending section 1 to reflect its amended purpose; and

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

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 S.B. No. 44, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 44, S.D. 2.

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

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair