STAND. COM. REP. NO. 379

Honolulu, Hawaii

RE: S.B. No. 44

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 44 entitled:

"A BILL FOR AN ACT RELATING TO STATE WATER CODE PENALTIES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Add a minimum penalty of $50 per violation of the State Water Code and make each day that a violation exists or continues a separate offense; and

(2) Require the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

Your Committee finds that in 1987, the State Water Code was adopted to protect the precious water resources of the State. To better enable the Department of Land and Natural Resources and Commission on Water Resource Management to carry out that mission, your Committee further finds that the State Water Code's penalties and fines must be amended and increased to serve as an effective deterrence to violators. Therefore, this measure adds a minimum penalty of $50 per violation of the State Water Code and makes each day that a violation exists or continues a separate offense and requires the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.

Your Committee has amended this measure by:

(1) Raising the maximum penalty per violation to $25,000, from $5,000;

(2) Amending section 1 to reflect its amended purpose; and

(3) Inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 44, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 44, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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LORRAINE R. INOUYE, Chair