Hawaii 2024 Regular Session

Hawaii Senate Bill SB445

Introduced
1/20/23  
Refer
1/25/23  
Introduced
1/20/23  
Report Pass
2/8/23  
Refer
1/25/23  
Report Pass
2/8/23  
Report Pass
3/3/23  
Refer
2/8/23  
Engrossed
3/7/23  
Report Pass
3/3/23  
Refer
3/9/23  
Engrossed
3/7/23  
Refer
3/9/23  
Report Pass
3/16/23  
Report Pass
3/16/23  
Refer
3/16/23  
Report Pass
3/24/23  
Report Pass
3/24/23  
Report Pass
4/6/23  
Refer
3/24/23  

Caption

Relating To Pollution Abatement.

Impact

This legislation will notably impact how environmental violations are managed and prosecuted within the state. By elevating the penalties, it signifies a tougher stance against pollution-related offenses. The enhancements to penalty structures are meant to provide a stronger incentive for compliance, potentially reducing environmental damage and fostering a more accountable regulatory environment. Furthermore, the bill establishes an appropriation for the creation of an environmental health specialist position within the Department of Health, aimed at improving oversight and operational capacity for pollution abatement efforts.

Summary

Senate Bill 445 addresses significant amendments to civil penalties related to pollution violations under Hawaii's environmental regulations. The bill proposes to increase the maximum fines for various offenses, specifically raising penalties from $25,000 to $59,973 for each separate offense of violating pollution rules or failing to comply with permit conditions. The increased financial consequences aim to enhance deterrence against non-compliance and ensure stricter adherence to environmental standards. Each day of violation is counted as a separate offense, which could result in substantial fines for ongoing infractions.

Sentiment

The sentiments expressed around SB 445 appear generally supportive among environmental advocates and legislators who view stringent penalties as a necessary step towards effective pollution management. They argue that the risk of increased fines will encourage businesses and individuals to take pollution control more seriously. However, some concerns may arise regarding the burden that elevated fines could impose on smaller entities or individuals who inadvertently violate regulations, potentially leading to discussions around fairness and the implementation of adequate support systems for compliance.

Contention

While the bill seeks stronger enforcement measures, it could present points of contention regarding the balance between holding violators accountable and ensuring that such penalties do not disproportionately affect smaller businesses or lead to unintended economic consequences. Critics may argue that the heightened penalties could lead to excessive punishment for minor infractions, thereby necessitating a careful evaluation of how fines are imposed and the circumstances under which enforcement actions are taken. The bill has drawn attention to the need for maintaining thorough communication and support systems to assist compliance amongst all stakeholders.

Companion Bills

HI SB445

Carry Over Relating To Pollution Abatement.

Similar Bills

HI SB3220

Relating To Pollution Abatement.

HI SB445

Relating To Pollution Abatement.

VA HB479

Wetland and stream mitigation credits; dam removal credits.

MI HB5880

Watercraft: other; use of maritime pilot and marking of obstructions; require, and prohibit use of anchors in Straits of Mackinac. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 784.

HI SCR209

Requesting The Hawaii Emergency Management Agency To Identify Existing Large Trees Along Evacuation Routes And Trim, Spray, Or Remove Trees Having The Potential To Obstruct The Evacuation Route; Conduct Comprehensive Risk Assessments For Specific High-risk Trees; Implement Best Practices In Urban Forestry; And Strengthen Community-based Disaster Preparedness Initiatives.

HI SR184

Requesting The Hawaii Emergency Management Agency To Identify Existing Large Trees Along Evacuation Routes And Trim, Spray, Or Remove Trees Having The Potential To Obstruct The Evacuation Route; Conduct Comprehensive Risk Assessments For Specific High-risk Trees; Implement Best Practices In Urban Forestry; And Strengthen Community-based Disaster Preparedness Initiatives.

CT SB00460

An Act Concerning Coastal Protection Measures, Routine Maintenance And Repair Of Shoreline Structures, State-wide Policy Concerning Water Resources And Procedures Of The Department Of Energy And Environmental Protection.

PA HB327

Providing for issuance of and conditions for continuous maintenance permits.