RELATING TO STATE WATER CODE PENALTIES.

HB1142

HOUSE OF REPRESENTATIVES

H.B. NO.

1142

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO STATE WATER CODE PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1.
�
The legislature finds that, in 1987,
the state water code was adopted to protect the precious water resources of the
State.
�
To better enable the department
of land and natural resources and the commission on water resource management
to carry out that mission, the legislature further finds that the state water
code's penalties and fines must be amended and increased to serve as an
effective deterrent to violators.

����
The purpose of
this Act is to ensure that all violators of the state water code are held
accountable for their violations by:

����
(1)
�
Adding
a minimum penalty and amending the maximum penalty per violation of the state
water code and clarifying what constitutes a separate offense; and

����
(2)
�
Requiring
the commission on water resource management to consider certain factors when
imposing penalties and to set, charge, and collect administrative fines.

����
SECTION 2.
�
Section 174C-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"�174C-15
�
Penalties and common law remedies.
�
(a)
�

The commission may enforce its rules and orders adopted pursuant to this
chapter by suit for injunction or for damages or both.

����
(b)
�
Any person who [
violates any
]
:

����
(1)
�
Violates any
provision of this
chapter[
, or any
];

����
(2)
�
Violates any
rule adopted pursuant to this chapter[
,
may
]
;

����
(
3)
�
Violates any order of the commission;

����
(4)
�
Fails to obtain a permit when a permit is required under this chapter;

����
(5)
�
Fails to comply with permit conditions; or

����
(6)
�
Fails to comply with standardized water audit requirements pursuant to
Act 169, Session Laws of Hawaii 2016,

shall

be subject to a fine imposed by the commission.
�

[
Such
]
The
fine shall
be no less than $ 50
and
shall not exceed [
$5,000.
�
For a
continuing offense, each day during which the offense is committed is a
separate violation.
]
$25,000 per violation.
�
Each day that a violation exists or continues
to exist shall constitute a separate offense.
�

Penalties for continuing violations shall be assessed from the earliest
known date of the violation.
�
The
earliest known date of a violation shall be determined by the commission by a
preponderance of the evidence; provided that, if the earliest known date cannot
be determined by a preponderance of the evidence, penalties for continuing
violations shall be assessed from the earliest date the commission is made
aware of the violation.

����
(c)
�
When imposing a penalty, the commission shall

consider the following factors, including
but not limited to:

����
(1)
�
The nature, circumstances, extent, gravity, and history of the
violation and of any prior violations;

����
(2)
�
The economic benefit to the violator, or anticipated by the violator,
resulting from the violation;

����
(3)
�
The opportunity, difficulty, and history of corrective action;

����
(4)
�
Good faith efforts to comply;

����
(5)
�
Degree of culpability; and

����
(6)
�
Such other matters as justice may require.

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[
(c)
]
(d)
�
No provision of this chapter shall bar the
right of any injured person to seek other legal or equitable relief against a
violator of this chapter.

����
[
(d)
]
(e)
�
Except as otherwise provided by law, the
commission or its authorized representative by proper delegation may set,
charge, and collect administrative fines [
or
];
may
bring legal
action to recover administrative fees and costs as documented by receipts or
affidavit, including [
attorneys'
]
attorney's
fees and costs; [
or
]

and may
bring legal action to recover administrative fines, fees, and
costs, including [
attorneys'
]
attorney's
fees and costs, or
payment for damages resulting from a violation of this chapter or any rule
adopted pursuant to this chapter.

����
(f)
�
The maximum fine per violation pursuant to
subsection (b) shall increase to:

����
(1)
�
$30,000 beginning January 1, 2030;

����
(2)
�
$40,000 beginning January 1, 2035;

����
(3)
�
$55,000 beginning January 1, 2040; and

����
(4)
�
$75,000 beginning January 1, 2045.
"

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SECTION
3.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
4.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION
6.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

DLNR; CWRM; State Water Code; Penalties

Description:

Adds a minimum penalty and amends the maximum penalty per
violation of the State Water Code, expands the types of potential violations of
the State Water Code, and makes each day that a violation exists or continues
to exist a separate offense.
�
Requires
the Commission on Water Resource Management to consider certain factors when
imposing penalties.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.