Hawaii's Water Commission is set to implement significant changes to its water code, aiming to enhance compliance and enforcement measures. During the December 19, 2024, Monthly Water Commission Meeting, officials discussed a proposed bill that amends section 174C-15 of the Hawaii Revised Statutes, which governs penalties for water code violations.

The proposed legislation introduces a minimum fine of $50 per violation and raises the maximum penalty from $5,000 to $25,000, a figure that has remained unchanged since 2004. Notably, the bill clarifies what constitutes a violation, expanding the scope to include breaches of administrative rules and failure to obtain necessary permits. Each day a violation continues will now count as a separate offense, allowing for cumulative penalties.

The bill also establishes a penalty schedule that will see fines increase every five years, reaching up to $75,000 by 2045. This structured approach aims to disincentivize violations and encourage compliance with the water code. Factors such as the severity of the violation, the violator's history, and efforts to rectify issues will be considered when imposing penalties.

Stakeholder engagement has been a priority, with discussions held with counties and other agencies to address concerns about the proposed fines. Some stakeholders expressed apprehension that the new maximum penalties might be excessive, while others emphasized the need for a clear framework to guide enforcement actions.

The Commission aims to balance enforcement with flexibility, preferring to work collaboratively with violators to mitigate issues rather than resorting to punitive measures. This approach reflects a broader goal of fostering compliance rather than merely imposing fines.

As the legislative session approaches, the Commission is committed to refining the bill based on feedback from stakeholders. The proposed changes are seen as a crucial step in ensuring the sustainable management of Hawaii's water resources, with the hope that increased penalties will deter violations and promote responsible water use across the state.