| 47 | | - | 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: (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. |
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| 47 | + | 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 deterrence 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: (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. |
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