RELATING TO WATER POLLUTION.

SB2127

THE SENATE

S.B. NO.

2127

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to water pollution
.

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 climate change has led to increased frequency and
magnitude of extreme rainfall in the State.
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In addition to the immediate damage caused by extreme rain events, the
resulting groundwater can become polluted and carry silt and other debris into
coastal waters.
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Pollution washed into
coastal waters is particularly damaging to marine reefs, such as those off the
coast of Kauai.
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In 2002 and 2018, runoff
from extreme rains on Kauai devastated nearby reefs, which led to a twenty per
cent reduction in the local fish population and a forty per cent reduction in
the local sea urchin population.
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Similarly, Molokai's southern reef, which is the longest continuous
fringing reef in the United States, has suffered extensive damage from runoff
pollution in recent years.

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The legislature further finds that damage
from water runoff has been especially prevalent in areas where owners of large
tracts of land use those lands for activities that destabilize the soil,
causing a higher risk of runoff and resultant damage to surrounding resources.

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Accordingly, the purpose of this Act is to
reduce agricultural water pollution by:

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(1)
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Establishing
civil liability for certain large landowners; and

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(2)
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Directing
the department of health to prioritize enforcement of water pollution
regulations in rural areas where there have been reports of runoff and other
forms of water pollution.

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SECTION 2.
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Chapter 342D, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:

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"
�342D-
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Agricultural
water pollution; liability.
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(a)
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A
l
andowner in possession of ten thousand or more acres shall be liable
for damages and fines arising from runoff originating on the land and entering
into state waters or onto state lands.

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(b)
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The department shall adopt rules pursuant to chapter 91 as necessary for
the purposes of this section.

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(c)
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For the purposes of this section:

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"Landowner" has the same
meaning as defined in section 152‑1.

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"Runoff" means any water,
silt, water pollutant, or other debris originating in an agricultural facility
or on lands used for the purposes of an agricultural enterprise.
"

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SECTION 3.
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The department of health shall prioritize enforcement of water pollution
control regulations in rural areas where there are existing reports of runoff
and other forms of water pollution.

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

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SECTION 5.
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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:

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Report Title:

DOH; Water
Pollution; Landowners; Runoff; Agricultural Enterprises; Damages; Fines;
Liability; Rules

Description:

Requires
a landowner in possession of ten thousand or more acres in the State to be
liable for damages and fines arising from runoff originating on the land and
entering into state waters or onto state lands. Requires the Department of
Health to adopt rules and prioritize enforcement of water pollution control
regulations in rural areas where there are existing reports of runoff and other
forms of water pollution.

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