HB 2232: Clean Water Act; State-Level Preservation of Protections

A BILL FOR AN ACT

RELATING TO CLEAN WATER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the federal Clean Water Act establishes minimum national water quality standards while expressly preserving the authority of states to adopt and enforce protections that are more stringent or broader in scope.  The legislature further finds that recent federal judicial decisions, administrative rulemakings, and regulatory actions have narrowed the scope of waters subject to federal Clean Water Act jurisdiction, including wetlands, ephemeral streams, and hydrologically connected groundwater.  These federal actions have created regulatory gaps that may result in the loss of protections previously afforded to waters essential to Hawaii's environment, public health, drinking water resources, and traditional and customary Native Hawaiian practices.

     The legislature also finds that Hawaii's waters are public trust resources held for the benefit of present and future generations, and that the State has an affirmative constitutional and statutory duty to conserve and protect these resources.  To prevent the loss of water quality safeguards due to changes in federal law, it is necessary for the State to ensure continuity of protections that existed before any federal rollback of those safeguards.

     The intent of the legislature is to prevent the loss or diminishing of protections previously provided under the federal Clean Water Act in Hawaii due solely to federal action, unless the legislature affirmatively amends these protections under state law.

     The purpose of this Act is to preserve, as a matter of state law, water quality, permitting, and aquatic resource protections that are at least as protective as the federal Clean Water Act regulations and standards in effect as of January 1, 2026, and to ensure that those protections continue to apply under state law regardless of subsequent federal amendments, repeals, or reductions.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

STATE PRESERVATION OF FEDERAL CLEAN WATER ACT PROTECTIONS

     §   -1  Definitions.  As used in this chapter, unless the context requires otherwise, "department" means the department of health.

     §   -2  State adoption of baseline federal protections; continuity; static incorporation.  (a)  Notwithstanding any other law to the contrary, the department shall adopt, administer, and enforce water quality standards, permitting requirements, and aquatic resource protections that are no less protective than the federal Clean Water Act regulations and standards in effect as of January 1, 2026.

     (b)  If any federal Clean Water Act regulation or standard is repealed, amended, narrowed, or otherwise rendered less protective after January 1, 2026, the State shall continue to apply and enforce the version of that regulation or standard that was in effect immediately before the federal action.

     (c)  The adoption of protections under this section shall be fixed as of January 1, 2026, and shall not dynamically incorporate future federal actions.

     (d)  Implementation of this section shall be based on the State's independent constitutional and statutory authority and shall not be construed as relying upon, or being contingent upon, federal delegation, authorization, or approval.

     §   -3  Application to state waters.  (a)  The protections preserved and adopted under this chapter shall apply to all waters of the State, including but not limited to:

     (1)  Wetlands;

     (2)  Perennial, intermittent, and ephemeral streams; and

     (3)  Groundwater, aquifers, and hydrologically connected waters.

     (b)  The applicability of this chapter shall not be limited by the jurisdictional scope of the federal Clean Water Act.

     §   -4  Duties.  (a)  The department shall administer, implement, and enforce the protections adopted pursuant to this chapter, including through permitting, compliance monitoring, enforcement actions, and other applicable regulatory functions.

     (b)  The department shall identify and request all appropriations necessary to carry out statewide responsibilities consistent with the protections preserved under this chapter.

     §   -5  Rules.  The department shall adopt rules pursuant to chapter 91 necessary to implement, administer, and enforce this chapter.

     §   -6  Enforcement.  (a)  The department may issue notices of violation, administrative orders, or compliance directives to ensure adherence to the protections preserved under this chapter.

     (b)  The department may assess civil penalties for violations of this chapter or rules adopted pursuant to this chapter.  Penalties shall be consistent with, and no less protective than, those available under the Clean Water Act as of January 1, 2026.

     (c)  The attorney general, upon request of the department, may institute civil actions for injunctive relief or other appropriate remedies to enforce this chapter.

     §   -7  Relationship to federal law.  (a)  This chapter is enacted pursuant to the State's independent constitutional and statutory authority, including its public trust responsibilities.

     (b)  Implementation of this chapter shall not be contingent upon federal approval.

     (c)  Nothing in this chapter shall be construed to limit the State's authority to adopt or enforce water protection requirements more stringent than those preserved in this chapter."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Clean Water Act; State-Level Preservation of Protections

Description:

Preserves, as state law, water quality, permitting, and aquatic resource protections that are at least as protective as federal Clean Water Act regulations and standards in effect as of January 1, 2026, and ensures their continued applicability regardless of subsequent federal amendments, repeals, or reductions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.