HB306 • 2026

RELATING TO STATE WATER CODE PENALTIES.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: POEPOE, GRANDINETTI, IWAMOTO, KAHALOA, LEE, M., LOWEN, MARTEN, PERRUSO, TARNAS, TODD
Last action: 2026-05-08
Official status: Recommitted to Conference committee as amended in CD 1 with none voting no and Representative(s) Ratcliffe excused.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO STATE WATER CODE PENALTIES.

What This Bill Does

RELATING TO STATE WATER CODE PENALTIES.
State Water Code; CWRM; Penalties Makes failure to maintain a natural stream channel that causes an unreasonable and substantial physical obstruction of the natural flow of water a violation of the State Water Code, with certain exceptions.
Establishes a period of time after receipt of written notice of certain violations of the State Water Code during which a violator may remedy the violation or enter into a corrective action plan with the Commission on Water Resource Management (CWRM).
Gives CWRM the discretion to impose a minimum penalty per State Water Code violation, increases the maximum penalty per violation, and authorizes CWRM to consider each day that a violation exists or continues to exist a separate offense.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

Hawaii published version CD1

Plain English: HB306 CD1 HOUSE OF REPRESENTATIVES H.B.

HB306 CD1 HOUSE OF REPRESENTATIVES H.B.
NO.
306 THIRTY-THIRD LEGISLATURE, 2025 H.D.
2 STATE OF HAWAII S.D.

HD1

Hawaii published version HD1

Plain English: HB306 HD1 HOUSE OF REPRESENTATIVES H.B.

HB306 HD1 HOUSE OF REPRESENTATIVES H.B.
NO.
306 THIRTY-THIRD LEGISLATURE, 2025 H.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO STATE WATER CODE PENALTIES .

HD2

Hawaii published version HD2

Plain English: HB306 HD2 HOUSE OF REPRESENTATIVES H.B.

HB306 HD2 HOUSE OF REPRESENTATIVES H.B.
NO.
306 THIRTY-THIRD LEGISLATURE, 2025 H.D.
2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO STATE WATER CODE PENALTIES .

SD1

Hawaii published version SD1

Plain English: HB306 SD1 HOUSE OF REPRESENTATIVES H.B.

HB306 SD1 HOUSE OF REPRESENTATIVES H.B.
NO.
306 THIRTY-THIRD LEGISLATURE, 2025 H.D.
2 STATE OF HAWAII S.D.

Bill History

2026-05-08 H
Recommitted to Conference committee as amended in CD 1 with none voting no and Representative(s) Ratcliffe excused.
2026-05-06 H
Received notice of Final Reading (Sen. Com. No. 816).
2026-05-06 H
Deferred one day 05-08-26.
2026-05-06 S
Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.
2026-05-01 S
48 Hrs. Notice (as amended CD 1) 05-06-26
2026-05-01 S
Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 196-26).
2026-05-01 H
Forty-eight (48) hours notice Wednesday, 05-06-26.
2026-05-01 H
Reported from Conference Committee (Conf Com. Rep. No. 196-26) as amended in (CD 1).
2026-05-01 H
The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Hashem, Tarnas, Morikawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
2026-05-01 S
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Rhoads, Hashimoto; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-05-01 S
Conference committee meeting to reconvene on 05-01-26 11:35 AM; Conference Room 229.
2026-04-30 S
Conference committee meeting to reconvene on 05-01-26 9:00AM; Conference Room 229.
2026-04-29 S
Conference committee meeting to reconvene on 04-30-26 9:00AM; Conference Room 229.
2026-04-28 S
Conference committee meeting scheduled for 04-29-26 9:01AM; Conference Room 229.
2026-04-27 H
Received notice of Senate conferees (Sen. Com. No. 782).
2026-04-27 S
Senate Conferees Appointed: Lee, C. Chairs; Rhoads, Hashimoto Co-Chairs.
2026-04-24 S
Received notice of appointment of House conferees (Hse. Com. No. 820).
2026-04-23 H
House Conferees Appointed: Hashem, Tarnas, Morikawa Co-Chairs; Shimizu.
2026-04-17 S
Re-Referred to WLA, JDC/WAM.
2026-04-02 S
Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
2026-04-01 H
House Conferee(s) discharged.
2025-12-08 D
Carried over to 2026 Regular Session.
2025-04-21 S
Received notice of appointment of House conferees (Hse. Com. No. 755).
2025-04-17 H
House Conferees Appointed: Hashem, Poepoe, Lamosao Co-Chairs; Shimizu.
2025-04-11 S
Received notice of disagreement (Hse. Com. No. 704).
2025-04-10 H
House disagrees with Senate amendment (s).
2025-04-08 H
Returned from Senate (Sen. Com. No. 617) in amended form (SD 1).
2025-04-08 S
Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: Senator(s) Fevella. Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2025-04-04 S
One Day Notice 04-08-25.
2025-04-04 S
Reported from JDC/WAM (Stand. Com. Rep. No. 1679) with recommendation of passage on Third Reading.
2025-04-01 S
The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) DeCoite.
2025-04-01 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2025-03-27 S
The committee(s) on JDC/WAM will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference.
2025-03-21 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.
2025-03-21 S
Reported from WTL (Stand. Com. Rep. No. 1211) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
2025-03-14 S
The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 4 Aye(s): Senator(s) Inouye, Elefante, Chang, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.
2025-03-10 S
The committee(s) on WTL has scheduled a public hearing on 03-14-25 1:00PM; Conference Room 229 & Videoconference.
2025-03-06 S
Referred to WTL, JDC/WAM.
2025-03-06 S
Passed First Reading.
2025-03-06 S
Received from House (Hse. Com. No. 209).
2025-03-04 H
Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate.
2025-02-28 H
Reported from FIN (Stand. Com. Rep. No. 1149), recommending passage on Third Reading.
2025-02-24 H
The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: Representative(s) Lamosao, Miyake; Noes: none; and 1 Excused: Representative(s) Ward.
2025-02-21 H
Bill scheduled to be heard by FIN on Monday, 02-24-25 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
2025-02-14 H
Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4).
2025-02-14 H
Reported from JHA (Stand. Com. Rep. No. 742) as amended in HD 2, recommending referral to FIN.
2025-02-05 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.
2025-01-31 H
Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-01-30 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2).
2025-01-30 H
Reported from WAL (Stand. Com. Rep. No. 22) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-01-28 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Belatti, Ichiyama, Morikawa, Poepoe, Shimizu; Ayes with reservations: Representative(s) Iwamoto, Souza; Noes: none; and 1 Excused: Representative(s) Woodson.
2025-01-24 H
Bill scheduled to be heard by WAL on Tuesday, 01-28-25 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to WAL, JHA, FIN, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO STATE WATER CODE PENALTIES.
State Water Code; CWRM; Penalties
Makes failure to maintain a natural stream channel that causes an unreasonable and substantial physical obstruction of the natural flow of water a violation of the State Water Code, with certain exceptions. Establishes a period of time after receipt of written notice of certain violations of the State Water Code during which a violator may remedy the violation or enter into a corrective action plan with the Commission on Water Resource Management (CWRM). Gives CWRM the discretion to impose a minimum penalty per State Water Code violation, increases the maximum penalty per violation, and authorizes CWRM to consider each day that a violation exists or continues to exist a separate offense. Establishes factors CWRM must consider when determining the amount of the penalty. Prohibits the State from acquiring a fee simple interest in any artificial watercourse, including a canal or ditch, under certain circumstances. Allows the State to acquire a fee simple interest in the artificial watercourse if the Legislature provides prior approval by concurrent resolution. (CD1)

Current Bill Text

Read the full stored bill text

HB306

HOUSE OF REPRESENTATIVES

H.B. NO.

306

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 commission on water resource management to
carry out that mission, the legislature further finds that the water code's
penalties and fines must be amended and increased to serve as an effective
deterrence to violators.

����
The
legislature further finds that increasing potential fines for water code
violations will also:

����
(1)
�
Help to preserve water resources by ensuring
the sustainable management and conservation of limited water resources for
future generations, particularly in areas facing over-extraction or misuse;

����
(2)
�
Protect the ecosystems by safeguarding
wetlands, rivers, and aquifers that depend on healthy water systems to maintain
biodiversity and environmental balance;

����
(3)
�
Promote public health and safety by preventing
contamination of drinking water supplies and reducing health risks associated with
waterborne diseases and pollutants;

����
(4)
�
Promote climate change resilience by
regulating water usage and protecting vulnerable water sources to address
challenges posed by prolonged droughts, erratic rainfall, and rising sea levels;

����
(5)
�
Promote economic stability by helping to avoid
economic losses in agriculture, tourism, and other industries that rely heavily
on consistent and clean water supplies;

����
(6)
�
Promote enforcement of equity and justice to
ensure fair access to water resources for all, including marginalized
communities that may be disproportionately affected by water scarcity or poor water
management;

����
(7)
�
Increase accountability for violations to
deter illegal activities such as unauthorized diversions, pollution, or overuse
of water resources by imposing stricter penalties and fines; and

����
(8)
�
Increase compliance with federal and state mandates
to meet legal obligations under federal or state environmental protection laws,
ensuring alignment with broader water management and conservation goals.

����
The
purpose of this Act is to ensure that all violators of the state water code are
held accountable for their violations by creating a minimum penalty of $50 and
a maximum penalty of $60,000 for every violation.

����
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 provision of this chapter, [
or
]
violates
any rule
adopted pursuant to this chapter, [
may
]
violates any order of the
commission, fails to obtain a permit when a permit is required under this
chapter, or fails to comply with permit conditions, shall
be subject to a
fine imposed by the commission.
�
[
Such
fine
]
The fine shall be not 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.
]
$60,000 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)
�
The commission
shall determine the penalty amount for each violation upon review of the
circumstances of the violation, taking into account the nature, extent, and
gravity of the violation and considering the history of such violations, degree
of culpability, and other matters as justice may require.

����
[
(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
]

shall
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."

����
SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 4.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

State
Water Code; Commission on Water Resource Management; Penalties

Description:

Adds a
minimum penalty of $50 and a maximum penalty of $60,000 per violation 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 determine the amount of the penalty
based on the circumstances of the violation.

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