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Bill > HB1142


HI HB1142

HI HB1142
Relating To State Water Code Penalties.


summary

Introduced
01/23/2025
In Committee
01/23/2025
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 strengthens the State Water Code's enforcement mechanisms by comprehensively updating penalties for water resource violations. The legislation introduces a minimum fine of $50 and increases the maximum penalty from $5,000 to $25,000 per violation, with planned incremental increases to $75,000 by 2045. Importantly, the bill expands the definition of violations to include failing to obtain required permits, not complying with permit conditions, and not following water audit requirements. Each day a violation continues will now be considered a separate offense, allowing for potentially significant cumulative penalties. The Commission on Water Resource Management must now consider multiple factors when imposing penalties, including the violation's nature, the violator's economic benefit, corrective action opportunities, good faith efforts to comply, and degree of culpability. The legislative intent is to create a more robust deterrent against water resource code violations by making penalties more comprehensive, flexible, and progressively stringent, ultimately protecting Hawaii's precious water resources by holding violators more accountable.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Referred to WAL, JHA, FIN, referral sheet 3 (on 01/23/2025)

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