Bill > SB204

This bill strengthens the State Water Code's enforcement mechanisms by expanding the types of violations and increasing penalties for non-compliance. The bill modifies existing law to create a more comprehensive list of potential violations, including failing to obtain required permits, violating permit conditions, and not complying with water audit requirements. It mandates that the Commission on Water Resource Management impose fines, with each day of violation considered a separate offense, and requires the Commission to assess penalties based on specific factors such as the nature and extent of the violation, economic benefit to the violator, and good faith efforts to comply. The bill changes the current penalty structure from discretionary to mandatory, allowing the Commission to set administrative fines and recover legal costs. Importantly, the legislation preserves individuals' rights to seek additional legal remedies beyond the administrative penalties. The bill stems from a legislative finding that the current water code penalties are insufficient to protect Hawaii's water resources and needs to be updated to serve as a more effective deterrent against violations. The new penalties and enforcement mechanisms will take effect on July 1, 2025.

Agriculture and Natural Resources

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=204&year=2026