S.B. 44 Summary

• Establishes minimum penalty of $50 and maximum penalty of $60,000 for every violation of the State Water Code, replacing the previous $5,000 maximum penalty.

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

• Requires the Commission on Water Resource Management to determine penalty amounts based on the nature, extent, gravity of violation, violation history, degree of culpability, and other relevant factors.

• Expands violation definitions to include failures to obtain required permits and failures to comply with permit conditions.

• Appropriates funds to the Department of Land and Natural Resources for general professional positions within the Commission on Water Resource Management to enforce State Water Code compliance.