Bill Text: HI SB44 | 2024 | Regular Session | Amended
Bill Title: Relating To State Water Code Penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [SB44 Detail]
Download: Hawaii-2024-SB44-Amended.html
THE SENATE |
S.B. NO. |
44 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE WATER CODE PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to ensure that all violators of the state water code are held accountable for their violations by:
(1) Creating a minimum penalty of $50 for every violation of the state water code;
(2) Raising the maximum penalty to $25,000 for every violation of the state water code;
(3) Clarifying that each day that a violation exists or continues is a separate offense;
(4) Requiring the commission on water resource management to determine the amount of the penalty based on the circumstances of the violation; and
(5) Appropriating funds to the department of land and natural resources for two full-time equivalent (2.0 FTE) general professional positions within the commission on water resource management to ensure compliance and enforce the state water code.
SECTION 2. Section 174C-15, Hawaii Revised Statutes, is amended to read as follows:
"§174C-15 Penalties and common
law remedies.
(a) The commission may enforce
its rules and orders adopted pursuant to this chapter by suit for injunction or
for damages or both.
(b) Any person who violates any provision of this
chapter, [or] violates any rule adopted pursuant to this chapter,
[may] violates any order of the commission, fails to obtain a permit
when a permit is required under this chapter, or fails to comply with permit
conditions, shall be subject to a fine imposed by the commission. [Such] The fine shall be not
less than $50 and shall not exceed [$5,000. For a continuing offense, each day during
which the offense is committed is a separate violation.] $25,000 per
violation. Each day that a violation
exists or continues to exist shall constitute a separate offense. Penalties for continuing violations shall be
assessed from the earliest known date of the violation. The earliest known date of a violation shall
be determined by the commission by a preponderance of the evidence; provided
that if the earliest known date cannot be determined by a preponderance of the
evidence, penalties for continuing violations shall be assessed from the
earliest date the commission is made aware of the violation.
(c) The commission shall determine the penalty
amount for each violation upon review of the circumstances of the violation,
taking into account the nature, extent, and gravity of the violation and
considering the history of such violations, degree of culpability, and other
matters as justice may require.
[(c)] (d) No provision of this chapter shall bar the
right of any injured person to seek other legal or equitable relief against a
violator of this chapter.
[(d)] (e) Except as otherwise provided by law, the
commission or its authorized representative by proper delegation [may] shall
set, charge, and collect administrative fines; [or] may
bring legal action to recover administrative fees and costs as documented by
receipts or affidavit, including attorneys' fees and costs; [or] and
may bring legal action to recover administrative fines, fees, and costs,
including attorneys' fees and costs, or payment for damages resulting from a
violation of this chapter or any rule adopted pursuant to this chapter."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 for the establishment of two full-time equivalent (2.0 FTE) general professional positions within the commission on water resource management.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
State Water Code; Commission on Water Resource Management; Penalties; Positions; Appropriation
Description:
Creates a
minimum penalty of $50 for every violation of the State Water Code. Raises the maximum penalty to $25,000 for
every violation of the State Water Code.
Clarifies that each day a violation exists or continues is a separate
offense. Requires the Commission on
Water Resource Management to determine the amount of the penalty based on the
circumstances of the violation. Appropriates
funds for two-full-time equivalent (2.0 FTE) general professional positions in
the Commission on Water Resource Management.
Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.