STAND. COM. REP. NO. 1108

Honolulu, Hawaii

RE: S.B. No. 1377

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 1377, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION CONTROL,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Revise chapter 342D, Hawaii Revised Statutes, to add definitions that are consistent with federal Clean Water Act regulations;

(2) Increase certain statutory civil penalties relating to water pollution; and

(2) Clarify the Director of Health's role as a certifying agency, including enforcement of water quality certifications.

Your Committees received testimony in support of this measure from the Department of Health.

Your Committees find that this measure's inclusion of "wetlands" within the definition of "state waters" is consistent with the revised definition of "waters of the United States" as published on January 18, 2023, in the Federal Register. Your Committees further find that the maximum statutory civil penalty provided in section 342D-30(a), Hawaii Revised Statutes, relating to water pollution has not been updated since 1997. Thus, this measure adds definitions to and updates penalties in chapter 342D, Hawaii Revised Statutes, to match federal standards and inflation-adjusted penalty amounts to deter water polluters.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1377, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair