RELATING TO WATER.

HB343

HOUSE OF REPRESENTATIVES

H.B. NO.

343

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to water
.

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 protection of the State's natural resources, including
state waters, is critical to ensure a clean environment.
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On May 25, 2023, the Supreme Court of the
United States limited the jurisdiction of the Clean Water Act, title 33 United
States Code section 1251, et seq. in
Sackett v. Environmental Protection
Agency
, 598 US 651 (2023).
�
The
Supreme Court limited the federal definition of "navigable waters" to
exclude wetlands that lack a "continuous surface connection" with
other navigable waters.
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The limited
scope of "navigable waters" created a gap in protections for many
wetlands throughout the country, leaving critical natural resources vulnerable
to harmful pollutants.

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The legislature further finds that the
department of health has broad regulatory authority to control and enforce
water quality standards statewide.
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The
department of health utilizes the issuance of federally authorized permits and
certificates to control the quality of state waters and protect areas from
hazardous waste and pollution.
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While
existing law authorizes the department of health to issue permits and
variances, additional clarity and regulation is necessary to ensure the
protection of state waters.

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Accordingly, the purpose of this Act is to:

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(1)
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Define
"isolated wetland" and "wetland";

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(2)
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Clarify
the scope of "state waters" to include wetlands and isolated
wetlands;

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(3)
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Require
the director of health to determine whether wetlands in the State are isolated
wetlands or waters of the United States; and

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(4)
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Prohibit
persons from discharging any water pollutant into or at any location that
enters state waters.

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SECTION
2
.
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Section 342D-1, Hawaii Revised Statutes, is
amended as follows:

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1.
�

By adding two new definitions to be appropriately inserted and to read:

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"
"Isolated
wetland" means a wetland that is not included in navigable waters of the
United States as defined in title 33 United States Code section 1362(7).

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"Wetland"
means an area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances, does support a prevalence of vegetation typically adapted for
life in saturated soil conditions.
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Wetlands include but are not limited to:

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(1)
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Swamps;

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(2)
�
Marshes;

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(3)
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Bogs;

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(4)
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Fens; and

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(5)
�
Other similar areas.
"

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2.
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By amending the definition of "state waters" to read:

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"
"State waters" means all waters, fresh,
brackish, or salt, around and within the State, including but not limited to
coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs[
,
]
;
and wetlands, including but not limited to isolated wetlands,
canals,
ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs
required as a part of a water pollution control system are excluded.
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"State waters" includes all
waters that are within the scope of navigable waters of the United States as
defined in title 33 United States Code section 1362(7).
"

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SECTION
3
.
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Section 342D-4, Hawaii Revised Statutes, is
amended to read as follows:

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"
�342D-4
�
Duties; rules.
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(a)
�

In addition to any other power or duty prescribed by law and in this
chapter, the director shall prevent, control, and abate water pollution in the
State and may control all management practices for domestic sewage, sewage
sludge, and recycled water, whether or not the practices cause water
pollution.
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In the discharge of this
duty, the director may adopt rules pursuant to chapter 91 necessary for the
purposes of this chapter.
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Any person
heard at the public hearing shall be given written notice of the action taken
by the department with respect to the rules.

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(b)
�

In furtherance of these duties and powers, the director shall delineate
all wetlands within the State.
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Delineations shall include a determination whether a wetland is an isolated
wetland or is included in the waters of the United States.
"

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SECTION
4
.
�
Section 342D-50, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"
(a)
�
No person, including any public body, shall
discharge
into any state waters or into or at any location that may cause or
allow
any water pollutant
to enter
into state waters, [
or cause
or allow any water pollutant to enter state waters
] except in compliance
with this chapter, rules adopted pursuant to this chapter, or a permit, water
quality certification, or variance issued by the director.
"

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

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

INTRODUCED BY:

_____________________________

Report Title:

Department
of Health; Wetlands; Isolated Wetlands; State Waters; Water Pollution

Description:

Defines
"isolated wetlands" and "wetlands".
�
Clarifies the definition of "state
waters" to include wetlands and isolated wetlands.
�
Requires the Director of Health to determine
all wetlands in the State, including whether a wetland is an isolated wetland
or is included in the waters of the United States.
�
Prohibit persons from discharging any water
pollutant into or at any location that enters state waters.

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