Bill Text: HI HB1544 | 2024 | Regular Session | Introduced
Bill Title: Relating To State Water Code Penalties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to WTL, JDC/WAM. [HB1544 Detail]
Download: Hawaii-2024-HB1544-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1544 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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:
SECTION 1. The legislature 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, the legislature further finds that the water code's penalties and fines must be amended and increased to serve as an effective deterrent to violators.
The purpose of this Act is to ensure that all violators of the state water code are held accountable for their violations by creating a minimum penalty of $50 and a maximum penalty of $60,000 for every violation.
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]:
(1) Violates any
provision of this chapter[, or any];
(2) Violates any
rule adopted pursuant to this chapter[, may];
(3) Violates any
order of the commission;
(4) Fails to obtain
a permit when a permit is required under this chapter;
(5) Fails to comply
with permit conditions; or
(6) Fails to comply
with standardized water audit requirements pursuant to Act 169, Session Laws of
Hawaii 2016,
shall be subject to a fine imposed by the
commission. [Such] The
fine shall be no 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.] $60,000 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) When imposing a
penalty, the commission shall consider the following factors, including but not
limited to:
(1) The nature,
circumstances, extent, gravity, and history of the violation and of any prior
violations;
(2) The economic
benefit to the violator, or anticipated by the violator, resulting from the
violation;
(3) The
opportunity, difficulty, and history of corrective action;
(4) Good faith efforts
to comply;
(5) Degree of
culpability; and
(6) Such 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'] attorney's fees and costs; [or]
and may bring legal action to recover administrative fines, fees, and
costs, including [attorneys'] attorney's fees and costs, or
payment for damages resulting from a violation of this chapter or any rule
adopted pursuant to this chapter."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
State Water Code; Commission on Water Resource Management; Penalties
Description:
Adds a minimum penalty of $50 and a maximum penalty of $60,000 per violation of the State Water Code, expands the types of potential violations of the State Water Code, and makes each day that a violation exists or continues to exist a separate offense. Requires the Commission on Water Resource Management to consider certain factors when imposing penalties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
