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
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THE SENATE |
S.B. NO. |
44 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 3 |
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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 $60,000 for every violation of the State Water Code;
(3) Clarifying that each day that a violation exists or continues to exist 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 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 not
exceed $5,000. For a continuing offense,
each day during which the offense is committed is a separate violation.] shall
be no less than $50 but no more than $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) The commission shall determine the penalty
amount for each violation after reviewing the circumstances of the violation;
taking into account the nature, extent, and gravity of the violation; and
considering the history of the 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]:
(1) Shall set, charge, and collect
administrative fines; [or] and
(2) May bring legal action to
recover [administrative]:
(A) Administrative fees and costs as
documented by receipts or affidavit, including [attorneys'] attorney's
fees and costs; [or bring legal action to recover administrative] and
(B) 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 full-time equivalent ( FTE) general professional positions within the commission on water resource management to enforce compliance with the State Water Code.
The sum 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 June 30, 3000.
Report Title:
State Water Code; Commission on Water Resource Management; Penalties; Positions; Appropriation
Description:
Creates a
minimum penalty and raises the maximum penalty 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
positions in the Commission on Water Resource Management. Effective 6/30/3000. (HD3)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
