HB 306 Hawaii House · 2026 Regular Session

RELATING TO STATE WATER CODE PENALTIES.

Summary

Makes failure to maintain a natural stream channel that causes an unreasonable and substantial physical obstruction of the natural flow of water a violation of the State Water Code, with certain exceptions. Establishes a period of time after receipt of written notice of certain violations of the State Water Code during which a violator may remedy the violation or enter into a corrective action plan with the Commission on Water Resource Management (CWRM). Gives CWRM the discretion to impose a minimum penalty per State Water Code violation, increases the maximum penalty per violation, and authorizes CWRM to consider each day that a violation exists or continues to exist a separate offense. Establishes factors CWRM must consider when determining the amount of the penalty. Prohibits the State from acquiring a fee simple interest in any artificial watercourse, including a canal or ditch, under certain circumstances. Allows the State to acquire a fee simple interest in the artificial watercourse if the Legislature provides prior approval by concurrent resolution. (CD1)

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

May 2026

House Passage

Mar 2025

Senate Passage

May 2026

Governor

Introduced Jan 16, 2025 Last action May 8, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

HB306_HD2 → HB306_SD1 · 5 edits

MODERATE

This bill updates the Hawaii State Water Code to establish clear minimum and maximum fines for violations, replacing vague penalty language with specific dollar amounts. It introduces a tiered fine structure based on the severity of harm caused to water users or the environment, with higher penalties for more damaging offenses. The legislation also clarifies that every day a violation continues counts as a separate offense, ensuring daily penalties accumulate for ongoing issues.

ENFORCEMENT

Establishes a minimum fine of $50 and sets a tiered maximum fine structure ranging from $5,000 to $25,000 based on whether the violation harms other water users or the environment.

Clarifies that each day a violation exists or continues is considered a separate offense, allowing penalties to accumulate daily.

Adds specific factors commissioners must consider when setting fines, including the quantity of water affected and the potential harm to the environment.

TIMELINE

Updates the effective date of the penalties from the placeholder year 3000 to July 1, 2040.

TECHNICAL

Replaces bracketed placeholder text with specific fine amounts and removes undefined variables regarding penalty calculations.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 8, 2026

Committee

Recommitted to Conference committee as amended in CD 1 with none voting no and Representative(s) Ratcliffe excused.

lower

May 6, 2026

Upper · Passed

Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

upper

May 1, 2026

Introduced

48 Hrs. Notice (as amended CD 1) 05-06-26

upper

May 1, 2026

Upper · Passed

Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 196-26).

upper

May 1, 2026

Lower · Passed

Reported from Conference Committee (Conf Com. Rep. No. 196-26) as amended in (CD 1).

lower

May 1, 2026

Lower · Passed

The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Hashem, Tarnas, Morikawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

May 1, 2026

Upper · Passed

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Rhoads, Hashimoto; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

May 1, 2026

Upper · Passed

Conference committee meeting to reconvene on 05-01-26 11:35 AM; Conference Room 229.

upper

Apr 30, 2026

Upper · Passed

Conference committee meeting to reconvene on 05-01-26 9:00AM; Conference Room 229.

upper

Apr 29, 2026

Upper · Passed

Conference committee meeting to reconvene on 04-30-26 9:00AM; Conference Room 229.

upper

Apr 28, 2026

Upper · Passed

Conference committee meeting scheduled for 04-29-26 9:01AM; Conference Room 229.

upper

Apr 17, 2026

Committee

Re-Referred to WLA, JDC/WAM.

upper

Apr 10, 2025

Amended

House disagrees with Senate amendment (s).

lower

Apr 8, 2025

Introduced

Returned from Senate (Sen. Com. No. 617) in amended form (SD 1).

lower

Apr 8, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: Senator(s) Fevella. Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Apr 1, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) DeCoite.

upper

Apr 1, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Mar 27, 2025

Upper · Passed

The committee(s) on JDC/WAM will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference.

upper

Mar 21, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.

upper

Mar 21, 2025

Committee

Reported from WTL (Stand. Com. Rep. No. 1211) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.

upper

Mar 14, 2025

Upper · Passed

The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 4 Aye(s): Senator(s) Inouye, Elefante, Chang, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.

upper

Mar 10, 2025

Upper · Passed

The committee(s) on WTL has scheduled a public hearing on 03-14-25 1:00PM; Conference Room 229 & Videoconference.

upper

Mar 6, 2025

Committee

Referred to WTL, JDC/WAM.

upper

Mar 6, 2025

Introduced

Received from House (Hse. Com. No. 209).

upper

Mar 4, 2025

Lower · Passed

Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate.

lower

Feb 24, 2025

Lower · Passed

The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: Representative(s) Lamosao, Miyake; Noes: none; and 1 Excused: Representative(s) Ward.

lower

Feb 14, 2025

Lower · Passed

Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4).

lower

Feb 14, 2025

Committee

Reported from JHA (Stand. Com. Rep. No. 742) as amended in HD 2, recommending referral to FIN.

lower

Feb 5, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.

lower

Jan 30, 2025

Committee

Reported from WAL (Stand. Com. Rep. No. 22) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Jan 28, 2025

Lower · Passed

The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Belatti, Ichiyama, Morikawa, Poepoe, Shimizu; Ayes with reservations: Representative(s) Iwamoto, Souza; Noes: none; and 1 Excused: Representative(s) Woodson.

lower

Jan 21, 2025

Committee

Referred to WAL, JHA, FIN, referral sheet 1

lower

Jan 17, 2025

Introduced

Introduced and Pass First Reading.

lower

Jan 16, 2025

Introduced

Pending introduction.

lower

10 primary · 0 co-sponsors