RELATING TO STATE WATER CODE PENALTIES.

SB204

THE SENATE

S.B. NO.

204

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 state water
code's penalties and fines must be amended and increased to serve as an
effective deterrent.

����
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
]
:

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

����
(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 $
and shall
not exceed [
$5,000.
�
For
a continuing offense, each day during which the offense is committed is a
separate violation.
]
$
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.

����
[
(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 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.
�
Makes the setting, charging,
and collecting of administrative fines by the Commission on Water Resource
Management mandatory, rather than discretionary.

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