STAND. COM. REP. NO. 3033

Honolulu, Hawaii

RE: S.B. No. 2022

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 2022, 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 and maximum penalty per violation of the State Water Code;

(2) Authorize the Commission on Water Resource Management to consider each day that a violation exists or continues to exist a separate offense;

(3) Establish factors that the Commission on Water Resource Management must consider when determining the amount of the penalty; and

(4) Increase maximum fines every five years from 2031 to 2046.

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

Your Committees received comments on this measure from Agribusiness Development Corporation, Board of Water Supply of the City and County of Honolulu, and Office of the Mayor of the County of Maui.

Your Committees find that the State Water Code was adopted to protect and preserve the State's irreplaceable water resources. However, existing penalties do not accurately reflect the value of the State's water resources and do not effectively deter the exploitation and misuse of these resources. This measure will impose more stringent fines and penalties on violators of the State Water Code, allowing the Commission on Water Resource Management to better protect the State's water resources.

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. 2022, 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