H.B. 306 - State Water Code Penalties Summary

• Establishes a minimum penalty of $50 per violation of Hawaii's water code, replacing the previous structure with a graduated fine system.

• Sets maximum fines at $5,000 per violation for first-time or non-harmful violations, and $25,000 per violation when the violation causes harm to other water users, the environment, or water sources.

• Allows each day that a violation exists or continues to be considered a separate offense, with penalties assessed from the earliest known date of violation or the earliest date the commission becomes aware of it.

• Requires the Commission on Water Resource Management to consider eight specified factors when imposing penalties, including nature and history of violations, economic benefit to violator, harm caused, and good faith compliance efforts.

• Schedules automatic increases to maximum fines at $30,000 (January 1, 2030), $35,000 (January 1, 2035), $40,000 (January 1, 2040), and $45,000 (January 1, 2045), with the Act becoming effective July 1, 2040.