SB 2127: Department of Land and Natural Resources; Department of Agriculture and Biosecurity; Agribusiness Development Corporation; Water Pollution; Runoff; Working Group; Report

A BILL FOR AN ACT

RELATING TO WATER POLLUTION.

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

     SECTION 1.  The legislature finds that climate change has led to increased frequency and magnitude of extreme rainfall in the State.  In addition to the immediate damage caused by extreme rain events, the resulting groundwater can become polluted and carry silt and other debris into coastal waters.  Pollution washed into coastal waters is particularly damaging to marine reefs, such as those off the coast of Kauai.  In 2002 and 2018, runoff from extreme rains on Kauai devastated nearby reefs, which led to a twenty per cent reduction in the local fish population and a forty per cent reduction in the local sea urchin population.  Similarly, Molokai's southern reef, which is the longest continuous fringing reef in the United States, has suffered extensive damage from runoff pollution in recent years.

     The legislature further finds that damage from water runoff has been especially prevalent in areas where owners of large tracts of land use those lands for activities that destabilize the soil, causing a higher risk of runoff and resultant damage to surrounding resources.

     Accordingly, the purpose of this Act is to establish a water pollution working group to establish liability standards for water pollution runoff.

     SECTION 2.  (a)  There is established a water pollution working group to research and explore the idea of establishing liability standards for water pollution runoff.

     (b)  The working group shall consist of the following members:

     (1)  The chairperson of the board of the land and natural resources, or the chairperson's designee, who shall serve as chairperson of the working group;

     (2)  One member of the senate appointed by the president of the senate;

     (3)  One member of the house of representatives appointed by the speaker of the house of representatives;

     (4)  One member from the department of agriculture and biosecurity;

     (5)  One member from the agribusiness development corporation;

     (6)  One member from the Hawaii Farm Bureau, to be invited by the chairperson; and

     (7)  One member from the Hawaii Cattlemen's Council, Inc., to be invited by the chairperson.

     (c)  The working group shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     SECTION 3.  This Act shall take effect on January 30, 2050.

Report Title:

Department of Land and Natural Resources; Department of Agriculture and Biosecurity; Agribusiness Development Corporation; Water Pollution; Runoff; Working Group; Report

Description:

Establishes a water pollution working group to establish liability standards for water pollution runoffs.  Requires a report to the Legislature.  Effective 1/30/2050.  (SD1)

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.  The legislature finds that climate change has led to increased frequency and magnitude of extreme rainfall in the State.  In addition to the immediate damage caused by extreme rain events, the resulting groundwater can become polluted and carry silt and other debris into coastal waters.  Pollution washed into coastal waters is particularly damaging to marine reefs, such as those off the coast of Kauai.  In 2002 and 2018, runoff from extreme rains on Kauai devastated nearby reefs, which led to a twenty per cent reduction in the local fish population and a forty per cent reduction in the local sea urchin population.  Similarly, Molokai's southern reef, which is the longest continuous fringing reef in the United States, has suffered extensive damage from runoff pollution in recent years.

     The legislature further finds that damage from water runoff has been especially prevalent in areas where owners of large tracts of land use those lands for activities that destabilize the soil, causing a higher risk of runoff and resultant damage to surrounding resources.

     Accordingly, the purpose of this Act is to reduce agricultural water pollution by:

     (1)  Establishing civil liability for certain large landowners; and

     (2)  Directing the department of health to prioritize enforcement of water pollution regulations in rural areas where there have been reports of runoff and other forms of water pollution.

     SECTION 2.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342D-    Agricultural water pollution; liability.  (a)  A landowner in possession of ten thousand or more acres shall be liable for damages and fines arising from runoff originating on the land and entering into state waters or onto state lands.

     (b)  The department shall adopt rules pursuant to chapter 91 as necessary for the purposes of this section.

     (c)  For the purposes of this section:

     "Landowner" has the same meaning as defined in section 152‑1.

     "Runoff" means any water, silt, water pollutant, or other debris originating in an agricultural facility or on lands used for the purposes of an agricultural enterprise."

     SECTION 3.  The department of health shall prioritize enforcement of water pollution control regulations in rural areas where there are existing reports of runoff and other forms of water pollution.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DOH; Water Pollution; Landowners; Runoff; Agricultural Enterprises; Damages; Fines; Liability; Rules

Description:

Requires a landowner in possession of ten thousand or more acres in the State to be liable for damages and fines arising from runoff originating on the land and entering into state waters or onto state lands. Requires the Department of Health to adopt rules and prioritize enforcement of water pollution control regulations in rural areas where there are existing reports of runoff and other forms of water pollution.

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

STAND. COM. REP. NO. 2253

Honolulu, Hawaii

RE:     S.B. No. 2127

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Agriculture and Environment, to which was referred S.B. No. 2127 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:

     (1)  Require a landowner in possession of ten thousand or more acres in the State to be liable for damages and fines arising from runoff originating on the land and entering into state waters or onto state lands; and

     (2)  Require the Department of Health to adopt rules and prioritize enforcement of water pollution control regulations in rural areas where there are existing reports of runoff and other forms of water pollution.

     Your Committees received testimony in support of this measure from the Agribusiness Development Corporation.

     Your Committees received testimony in opposition to this measure from the Hawaii Cattlemen's Council, Inc.; Hawaiʻi Farm Bureau; and two individuals.

     Your Committees received comments on this measure from the Department of Health.

     Your Committees find that climate change has led to increased frequency and magnitude of extreme rainfall in the State, and that the resulting groundwater can become polluted and carry silt and other debris into coastal waters.  Your Committees further find that damage from water runoff has been especially prevalent in areas where owners of large tracts of land use those lands for activities that destabilize the soil, causing a higher risk of runoff and resultant damage to surrounding resources.  This measure seeks to protect the State's water resources from contamination by establishing accountability for runoff from large tracts of land that enter State waters.

     Your Committees acknowledge the concerns raised in testimony that runoff is influenced by a complex combination of factors, including rainfall intensity, slope, soil conditions, historic land use, upstream activities, and extreme weather events, and that this measure places an unrealistic and disproportionate burden on agricultural producers without adequately accounting for all of these factors, existing regulatory frameworks, or shared responsibility among land uses.  Therefore, amendments to this measure are necessary to address these concerns.

     Accordingly, your Committees have amended this measure by:

     (1)  Deleting section 2, which would have:

          (A)  Established civil liability for certain large landowners; and

          (B)  Required the Department of Health to adopt rules;

     (2)  Deleting section 3, which would have required the Department of Health to prioritize enforcement of water pollution control regulations in rural areas where there are existing reports of runoff and other forms of water pollution;

     (3)  Inserting language to establish a water pollution working group to establish liability standards for water pollution runoffs;

     (4)  Inserting an effective date of January 30, 2050, to encourage further discussion;

     (5)  Amending section 1 to reflect its amended purpose; and

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

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2127, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2127, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Agriculture and Environment,