SB 1318: Water Pollution Offenses; Enforcement

A BILL FOR AN ACT

RELATING TO WATER POLLUTION.

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

     SECTION 1.  Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

     "§200-14  Violation of chapter or rules; penalty.  (a)  Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined not more than $1,000.

     (b)  Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained [therein.] in chapter 291D.  A person found to have committed a traffic infraction shall be fined not more than:

     (1)  $100 for a first violation;

     (2)  $200 for a second violation; and

     (3)  $500 for a third or subsequent violation.

     [(c)  Notwithstanding the provisions of subsection (a), any person who knowingly or intentionally violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day or instance of violation, or sentenced to a term of imprisonment of not more than thirty days, or both.  Each day or instance of each violation shall be deemed a separate offense.  Additionally, the agents, owner, or crew of any vessel that violates the rules of the department shall be fined not more than $10,000 for each day of violation.

     (d)] (c)  As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.

     [(e)] (d)  For the purposes of this section, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  The Act shall take effect upon its approval.

Report Title:

Water Pollution Offenses; Enforcement

Description:

Repeals duplicative and potentially confusing penalties for water pollution offenses in section 200-14, HRS, and thereby clarifies that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.  (CD1)

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

A BILL FOR AN ACT

RELATING TO WATER POLLUTION.

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

     SECTION 1.  Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

     "§200-14  Violation of chapter or rules; penalty.  (a)  Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined [not] no more than $1,000.

     (b)  Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained [therein.] in chapter 291D.  A person found to have committed a traffic infraction shall be fined [not] no more than:

     (1)  $100 for a first violation;

     (2)  $200 for a second violation; and

     (3)  $500 for a third or subsequent violation.

     [(c)  Notwithstanding the provisions of subsection (a), any person who knowingly or intentionally violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day or instance of violation, or sentenced to a term of imprisonment of not more than thirty days, or both.  Each day or instance of each violation shall be deemed a separate offense.  Additionally, the agents, owner, or crew of any vessel that violates the rules of the department shall be fined not more than $10,000 for each day of violation.

     (d)] (c)  As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.

     [(e)] (d)  For the purposes of this section, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  The Act shall take effect on July 1, 3000.

Report Title:

Water Pollution Offenses; Enforcement

Description:

Repeals duplicative and potentially confusing penalties for water pollution offenses in section 200-14, HRS, and thereby clarifies that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO WATER POLLUTION.

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

     SECTION 1.  Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

     "§200-14  Violation of chapter or rules; penalty.  (a)  Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined not more than $1,000.

     (b)  Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein.  A person found to have committed a traffic infraction shall be fined not more than:

     (1)  $100 for a first violation;

     (2)  $200 for a second violation; and

     (3)  $500 for a third or subsequent violation.

     [(c)  Notwithstanding the provisions of subsection (a), any person who knowingly or intentionally violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day or instance of violation, or sentenced to a term of imprisonment of not more than thirty days, or both.  Each day or instance of each violation shall be deemed a separate offense.  Additionally, the agents, owner, or crew of any vessel that violates the rules of the department shall be fined not more than $10,000 for each day of violation.

     (d)] (c)  As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.

     [(e)] (d)  For the purposes of this section, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  The Act shall take effect upon its approval.

Report Title:

Water Pollution Offenses; Enforcement

Description:

Amends section 200-14, HRS, to clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

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

CONFERENCE COMMITTEE REP. NO. 2

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 1318

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1318, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to repeal duplicative and potentially confusing penalties for water pollution offenses in section 200-14, Hawaii Revised Statutes, and thereby clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

     Your Committee on Conference finds that existing law provides for potentially conflicting penalties for water pollution offenses.  Under some circumstances, the wording of water pollution offenses administered by both the Department of Land and Natural Resources and Department of Health may overlap, potentially limiting criminal sentencing for these offenses to the lower penalties imposed pursuant to section 200-14(c), Hawaii Revised Statutes.  This measure eliminates duplicative and confusing water pollution offenses from the Department of Land and Natural Resources' criminal enforcement jurisdiction and clarifies the Department of Health's jurisdiction to enforce these offenses with much more stringent criminal penalties.

     Your Committee on Conference has amended this measure by:

     (1)  Making it effective upon its approval; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1318, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1318, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1975

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1318

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred S.B. No. 1318 entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

begs leave to report as follows:

     The purpose of this measure is to repeal duplicative and potentially confusing language regarding penalties for water pollution offenses and clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Land and Natural Resources; and one individual.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1318, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1318, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  1396

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1318

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committees on Energy & Environmental Protection and Water & Land, to which was referred S.B. No. 1318 entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

beg leave to report as follows:

     The purpose of this measure is to amend section 200-14, Hawaii Revised Statutes, to repeal duplicative language regarding penalties for water pollution offenses and clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

     Your Committees received testimony in support of this measure from the Department of the Attorney General; Department of Health; and Department of Land and Natural Resources.

     Your Committees find that Act 215, Session Laws of Hawaii 2024 (Act 215), made clarifications to section 200-14, Hawaii Revised Statutes, regarding criminal and administrative penalties for offenses relating to ocean recreation.  Your Committees recognize that by attempting to criminalize violations of Department of Land and Natural Resources' rules, Act 215 established penalties that conflict with existing penalties under section 342D-33, Hawaii Revised Statutes.  This measure eliminates the conflicting language and clarifies that the stricter penalties of these water pollution offenses would apply.

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1318 and recommend that it pass Second Reading and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

STAND. COM. REP. NO. 967

Honolulu, Hawaii

RE:    S.B. No. 1318

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1318 entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Department of the Attorney General.

     Your Committee finds that existing law provides for duplicative water pollution offenses with relatively low-level penalties from the Department of Land and Natural Resources that conflict with the more stringent penalties imposed by the Department of Health for water pollution offenses.  Accordingly, this measure eliminates these duplicative offenses from the Department of Land and Natural Resources' criminal jurisdiction, ensuring enforcement with higher criminal penalties for these serious offenses that significant affect public health.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1318 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 605

Honolulu, Hawaii

RE:    S.B. No. 1318

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Water and Land and Health and Human Services, to which was referred S.B. No. 1318 entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

beg leave to report as follows:

     The purpose and intent of this measure is to clarify that enforcement of criminal water pollution offenses remains under the jurisdiction of the Department of Health, rather than the Department of Land and Natural Resources.

     Your Committees received testimony in support of this measure from the Department of the Attorney General, Department of Land and Natural Resources, and Department of Health.

Your Committees find that this measure will eliminate duplicative and confusing water pollution offenses from the Department of Land and Natural Resources' criminal enforcement jurisdiction while clarifying the Department of Health's jurisdiction to enforce these types of offenses with more stringent penalties.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1318 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Health and Human Services,