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HB2232
HOUSE OF REPRESENTATIVES
H.B. NO.
2232
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CLEAN WATER
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that the
federal Clean Water Act establishes minimum national water quality standards
while expressly preserving the authority of states to adopt and enforce
protections that are more stringent or broader in scope.
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The legislature further finds that recent
federal judicial decisions, administrative rulemakings, and regulatory actions
have narrowed the scope of waters subject to federal Clean Water Act
jurisdiction, including wetlands, ephemeral streams, and hydrologically
connected groundwater.
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These federal
actions have created regulatory gaps that may result in the loss of protections
previously afforded to waters essential to Hawaii's environment, public health,
drinking water resources, and traditional and customary Native Hawaiian
practices.
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The legislature
also finds that Hawaii's waters are public trust resources held for the benefit
of present and future generations, and that the State has an affirmative
constitutional and statutory duty to conserve and protect these resources.
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To prevent the loss of water quality
safeguards due to changes in federal law, it is necessary for the State to
ensure continuity of protections that existed before any federal rollback of
those safeguards.
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The intent
of the legislature is to prevent the loss or diminishing of protections
previously provided under the federal Clean Water Act in Hawaii due solely to federal
action, unless the legislature affirmatively amends these protections under state
law.
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The
purpose of this Act is to preserve, as a matter of state law, water quality,
permitting, and aquatic resource protections that are at least as protective as
the federal Clean Water Act regulations and standards in effect as of January
1, 2026, and to ensure that those protections continue to apply under state law
regardless of subsequent federal amendments, repeals, or reductions.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
STATE
PRESERVATION OF FEDERAL CLEAN WATER ACT PROTECTIONS
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Definitions.
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As used in this chapter, unless the context
requires otherwise, "department" means the department of health.
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State adoption of baseline federal
protections; continuity; static incorporation.
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(a)
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Notwithstanding
any other law to the contrary, the department shall adopt, administer, and
enforce water quality standards, permitting requirements, and aquatic resource
protections that are no less protective than the federal Clean Water Act
regulations and standards in effect as of January 1, 2026.
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(b)
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If any federal Clean Water Act regulation or
standard is repealed, amended, narrowed, or otherwise rendered less protective
after January 1, 2026, the State shall continue to apply and enforce the
version of that regulation or standard that was in effect immediately before
the federal action.
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(c)
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The adoption of protections under this section
shall be fixed as of January 1, 2026, and shall not dynamically incorporate
future federal actions.
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(d)
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Implementation of this section shall be based
on the State's independent constitutional and statutory authority and shall not
be construed as relying upon, or being contingent upon, federal delegation,
authorization, or approval.
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Application to state waters.
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(a)
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The protections preserved and adopted under
this chapter shall apply to all waters of the State, including but not limited
to:
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(1)
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Wetlands;
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(2)
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Perennial, intermittent, and ephemeral
streams; and
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(3)
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Groundwater, aquifers, and hydrologically
connected waters.
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(b)
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The applicability of this chapter shall not be
limited by the jurisdictional scope of the federal Clean Water Act.
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Duties.
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(a)
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The department shall
administer, implement, and enforce the protections adopted pursuant to this chapter,
including through permitting, compliance monitoring, enforcement actions, and
other applicable regulatory functions.
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(b)
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The department shall identify and request all appropriations
necessary to carry out statewide responsibilities consistent with the
protections preserved under this chapter.
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Rules.
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The department shall adopt rules pursuant to chapter 91 necessary to
implement, administer, and enforce this chapter.
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Enforcement.
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(a)
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The
department may issue notices of violation, administrative orders, or compliance
directives to ensure adherence to the protections preserved under this chapter.
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(b)
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The department may assess civil penalties for
violations of this chapter or rules adopted pursuant to this chapter.
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Penalties shall be consistent with, and no
less protective than, those available under the Clean Water Act as of January
1, 2026.
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(c)
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The attorney general, upon request of the department,
may institute civil actions for injunctive relief or other appropriate remedies
to enforce this chapter.
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Relationship to federal law.
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(a)
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This
chapter is enacted pursuant to the State's independent constitutional and
statutory authority, including its public trust responsibilities.
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(b)
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Implementation of this chapter shall not be
contingent upon federal approval.
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(c)
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Nothing in this chapter shall be construed to
limit the State's authority to adopt or enforce water protection requirements
more stringent than those preserved in this chapter."
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SECTION 3.
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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.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Clean
Water Act; State-Level Preservation of Protections
Description:
Preserves,
as state law, water quality, permitting, and aquatic resource protections that
are at least as protective as federal Clean Water Act regulations and standards
in effect as of January 1, 2026, and ensures their continued applicability
regardless of subsequent federal amendments, repeals, or reductions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.