STAND. COM. REP. NO. 1396

Honolulu, Hawaii

, 2025

RE: S.B. No. 1318

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committees on Energy & Environmental Protection and Water & Land, to which was referred S.B. No. 1318 entitled:

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

beg leave to report as follows:

The purpose of this measure is to amend section 200-14, Hawaii Revised Statutes, to repeal duplicative language regarding penalties for water pollution offenses and clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

Your Committees received testimony in support of this measure from the Department of the Attorney General; Department of Health; and Department of Land and Natural Resources.

Your Committees find that Act 215, Session Laws of Hawaii 2024 (Act 215), made clarifications to section 200-14, Hawaii Revised Statutes, regarding criminal and administrative penalties for offenses relating to ocean recreation. Your Committees recognize that by attempting to criminalize violations of Department of Land and Natural Resources' rules, Act 215 established penalties that conflict with existing penalties under section 342D-33, Hawaii Revised Statutes. This measure eliminates the conflicting language and clarifies that the stricter penalties of these water pollution offenses would apply.

As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1318 and recommend that it pass Second Reading and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

____________________________ MARK J. HASHEM, Chair

____________________________ NICOLE E. LOWEN, Chair