Authorizes citizen lawsuits to enforce chapter 42D, Hawaii Revised Statutes, that covers water pollution. (HB1529 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that in an era of declining government, it is important to foster public-private partnerships. Community groups and other members of the public can assist the State in protecting Hawaii’s environmental quality. Given limited resources, private parties can assist the State in enforcing clean water requirements, just as they do for over a dozen federal statutes. Moreover, simply having such a provision in the law serves as a deterrent for noncompliance.

Apart from the public-private partnership strategy, the citizen partner has an independent constitutional basis for enforcing water quality laws. Article XI, section 9, of the State Constitution gives each person the "right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law." The supreme law of Hawaii is the foundation of this Act.

The legislature further finds that the federal courts have increasingly closed their doors to citizen enforcement. Hawaii's courts have demonstrated a more open forum for allowing citizen redress. Providing a state citizen suit provision ensures both that citizens will have access to the courts and that Hawaii’s higher environmental standards will be enforced. The legislature further finds that no frivolous lawsuits have been filed under the citizen suit provision of Hawaii’s clean air law.

Accordingly, the purpose of this Act is to increase protection of Hawaii's water by codifying the right of citizens to sue clean water law violators. Any resulting penalties will be directed to either the State's environmental response revolving fund or used in beneficial mitigation, education, or protection projects that enhance public health or the environment.

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

"§342D- Citizen suits. (a) Any person may commence a civil action on that person’s own behalf against:

(b) The circuit court shall have jurisdiction to:

(c) No action shall be commenced:

(d) In any action under this section, the director, if not a party, may intervene as a matter of right at any time in the proceeding.

(e) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorneys' fees and expert witness fees, to any party, whenever the court determines the award is appropriate. The court, if a temporary restraining order or preliminary injunction is sought, may require the filing of a bond or equivalent security in accordance with the Hawaii rules of civil procedure.

(f) Nothing in this section shall restrict any right that any person may have under any constitutional provision, statute, or common law to seek enforcement of any rule, permit condition, or order, or to seek any other relief.

(g) Penalties received under subsection (b) shall be deposited into the environmental response revolving fund established by section 128D-2. The court shall have discretion to order that the civil penalties, in lieu of being deposited in the fund, be used in beneficial mitigation, education, or protection projects that enhance public health or the environment."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.