Bill > HB1142

This bill amends Hawaii's State Water Code to strengthen penalties and enforcement mechanisms 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 provisions to escalate the maximum fine to $75,000 by 2045. It expands the definition of violations to include failing to obtain required permits, not complying with permit conditions, and ignoring water audit requirements. The bill stipulates that each day a violation continues constitutes a separate offense, allowing for cumulative penalties. The Commission on Water Resource Management is now required to consider multiple factors when imposing penalties, including the nature and extent of the violation, economic benefits gained by the violator, corrective action opportunities, good faith efforts to comply, and degree of culpability. The legislation aims to create a more robust deterrent against water resource code violations by providing more comprehensive enforcement tools and increasing financial consequences for non-compliance. The bill maintains the existing provision that allows injured parties to seek additional legal or equitable relief and enables the commission to set, charge, and collect administrative fines, fees, and recover costs associated with violations.

Agriculture and Natural Resources

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1142&year=2026