HOUSE OF REPRESENTATIVES	H.B. NO.	1332
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

Relating to water waste.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  The legislature finds that water is a limited and vital resource in Hawaii.  According to the Honolulu board of water supply, it takes approximately twenty-five years for rain water to percolate through the earth, and into underground aquifers. Yet water is frequently wasted in the State through careless use, including use of sprinklers during rain storms and broken sprinklers that expend excessive and unnecessary water.  This type of negligent water use is akin to littering, with even more serious long-term consequences to the well-being of the State.

The purpose of this Act is to establish excessive water

waste as a petty misdemeanor, similar to the offense of

criminal littering.

     SECTION 2.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
     "§712-     Criminal waste of water. (1)  A person commits the offense of criminal waste of water if that person

knowingly:

(a) Allows water originating from the person’s property to fall on impervious areas instead of a lawn or landscaped area, so that a constant stream of water flows to the impervious area, including to the street or other drainage areas, for a period of one hour or more; or

(b) Operates a permanently installed irrigation system on that person's property with a broken sprinkler head or spray nozzle so that a constant stream of water flows to an impervious area, including to the street or other drainage areas, for a period of one hour or more;

(2)  Criminal waste of water is a petty misdemeanor.

(3)  The court may sentence any person convicted of committing the offense of criminal waste of water as follows:

(a) For the first offense, the court shall fine the person $50;

(b) For the second offense, the court shall fine the person $100; and

(c) For the third or subsequent offense, the court shall fine the person $1000."

     SECTION 3.  New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Criminal Waste of Water; Misdemeanor; Water

Description:

Establishes excessive use of water on impervious areas as a misdemeanor offense.

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