STAND. COM. REP. NO. 1679

Honolulu, Hawaii

RE: H.B. No. 306

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 306, H.D. 2, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Ensure that all violators of the State Water Code are held accountable for their violations by adding a minimum penalty and amending the maximum penalty, with scheduled incremental increases, per violation of the State Water Code and clarifying what constitutes a separate offense; and

(2) Require the Commission on Water Resource Management to consider certain factors when imposing penalties.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Honolulu Board of Water Supply, Ulupono Initiative, Lāhainā Strong, Hawaiʻi Alliance for Progressive Action, Green Party of Hawaiʻi, and thirty‑eight individuals.

Your Committees received testimony in opposition to this measure from the Land Use Research Foundation of Hawaii.

Your Committees received comments on this measure from the Office of Hawaiian Affairs.

Your Committees find that to assist the Department of Land and Natural Resources and Commission on Water Resource Management in their mission to protect the State's water resources, the State Water Code's penalties and fines must be amended and increased to serve as an effective deterrence to violators. Your Committees further find that imposing harsher fines and penalties on violators of the State Water Code will support the preservation of the State's water resources and protect ecosystems that depend on healthy water systems. This measure will strengthen the State Water Code, enabling the Commission on Water Resource Management to better protect the State's water resources.

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 H.B. No. 306, H.D. 2, 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