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HI HB1544

Bill

Status

Engrossed

3/1/2024

Primary Sponsor

Linda Ichiyama

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Adds minimum penalty and increases maximum penalty per violation of the State Water Code, with specific dollar amounts left blank in the bill text.

  • Expands violations to include: failing to obtain required permits, failing to comply with permit conditions, and failing to comply with water audit requirements under Act 169, Session Laws of Hawaii 2016.

  • Establishes that each day a violation exists or continues constitutes a separate offense, with penalties assessed from the earliest known date of violation determined by the commission.

  • Requires the Commission on Water Resource Management to consider six factors when imposing penalties, including nature and history of violation, economic benefit to violator, corrective action history, good faith efforts, culpability, and other matters justice requires.

  • Makes mandatory (rather than discretionary) the commission's authority to set, charge, and collect administrative fines and to recover administrative fees, costs, attorney's fees, and damages through legal action.

Legislative Description

Relating To State Water Code Penalties.

Penalties

Last Action

Referred to WTL, JDC/WAM.

3/7/2024

Committee Referrals

Water and Land3/7/2024
Finance2/15/2024
Judiciary & Hawaiian Affairs2/8/2024
Water & Land1/24/2024

Full Bill Text

No bill text available