Relating To State Water Code Penalties.
HB306 revises Hawaii’s State Water Code penalty provisions by adding a minimum fine, restructuring the maximum fine schedule, and clarifying how continuing violations are counted. The bill expands the list of conduct subject to penalties to include violations of chapter provisions, rules, commission orders, permit failures, permit-condition violations, and failure to comply with standardized water audit requirements. It also states that each day a violation continues may be treated as a separate offense, with penalties assessed from the earliest known date of the violation or, if that cannot be established, from the date the commission first learned of it.
The bill sets a minimum fine of $50 and establishes two current maximum tiers: up to $5,000 per violation for certain repeat violations that do not cause harm, and up to $25,000 per violation for certain repeat violations that do cause harm to other water users, the environment, or the water source. It further directs the Commission on Water Resource Management to consider specified aggravating and mitigating factors when setting a penalty, including the nature of the violation, prior history, economic benefit, corrective action, good-faith compliance efforts, culpability, quantity of water affected, and actual or potential harm. The bill also phases in higher maximum fines every five years, reaching $45,000 per violation beginning January 1, 2045, while the act itself takes effect July 1, 2040.
HB306 amends section 174C-15 of the Hawaii Revised Statutes, which governs penalties and common law remedies under the State Water Code. It changes the commission’s enforcement authority by creating a statutory minimum fine, clarifying separate-offense treatment for continuing violations, and adding a penalty framework that escalates based on repeat violations and harm caused. The bill affects the Department of Land and Natural Resources and the Commission on Water Resource Management, as well as water users, permit holders, and any person or entity subject to the State Water Code. It preserves existing rights to seek other legal or equitable relief and maintains the commission’s ability to pursue administrative fines, fees, costs, and damages.
The available voting history suggests strong support for the bill, with unanimous committee approvals in the Senate committees that considered it: Senate Water and Land passed it with amendments, and Senate Judiciary and Senate Ways and Means each passed it unanimously and without further amendment. The bill’s findings and purpose section frames the measure as a conservation and enforcement tool intended to protect water resources, public health, ecosystems, and compliance with environmental laws. Overall, the sentiment reflected in the bill text and votes is favorable toward stronger enforcement and higher penalties for water code violations.
The main policy issue is the size and structure of the penalties, especially the increase in maximum fines and the treatment of each day of a continuing violation as a separate offense. Supporters appear to favor tougher deterrence, greater accountability, and more discretion for the commission to weigh harm and culpability when setting fines. Potential concerns, though not reflected in recorded opposition in the provided history, would likely center on whether the higher penalties are too punitive for smaller or technical violations, how the commission will apply the new factors consistently, and whether the delayed effective date and phased-in increases strike the right balance between enforcement and fairness.