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HI SB1461

HI SB1461
Relating To State Water Code Penalties.


summary

Introduced
01/23/2025
In Committee
01/21/2026
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill amends Hawaii's State Water Code to strengthen enforcement and penalties for water resource violations. The bill introduces a minimum fine of $50 and increases the maximum fine from $5,000 to $25,000 per violation, with scheduled increases to $75,000 by 2045. The legislation expands the definition of violations to include failing to obtain required permits, not complying with permit conditions, and ignoring water audit requirements. Importantly, each day a violation continues will be considered a separate offense, allowing for cumulative penalties. The Commission on Water Resource Management must now consider multiple factors when imposing penalties, including the nature and history of the violation, economic benefits gained by the violator, the opportunity for corrective action, good faith efforts to comply, and degree of culpability. The bill aims to create a more robust deterrent against water resource code violations by providing clearer guidelines for penalty assessment and increasing financial consequences for non-compliance. The legislation stems from a legislative finding that the existing water code penalties were insufficient to protect Hawaii's water resources effectively.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Re-Referred to WLA, JDC. (on 01/21/2026)

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