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Gov. Josh Green plans to veto 11 bills passed by state lawmakers this year, including measures that would raise violations of the State Water Code to up to $60,000 and update the process of issuing and renewing ocean recreation permits.
"These decisions are not taken lightly," Green said in a news release Friday. "My views on the bills listed here are based on legal considerations, impacts to the public and residents, and efficient government operations."
One of the measures on the list is House Bill 153, which levies violations of the State Water Code with a minimum penalty of $50 and raises the maximum penalty from $5,000 to $60,000 per violation, assessed daily. It also requires the state Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.
"If enacted, these fines may curtail and discourage housing developments across Hawai'i," Green said in his rationale. "Boards of water supply across all counties would almost immediately apply such fines to developments guilty of over-pumping water. Without a graduated schedule or a set of guidelines for penalties and fines, this significant increase appears both arbitrary and discretionary."
Another measure, House Bill 1090, specifies the ways the state Department of Land and Natural Resources can issue new ocean recreation commercial permits based on a system of seniority, unsealed public auction and lottery. For ocean recreation management areas and facilities where there is a permit limit, it also bases renewal of permits on seniority until the limit is reached.
Green agreed that the permitting system requires reform but had concerns about the bill's impacts on residents.
"Hawai'i must strategically regulate commercial uses across our shared ocean for the perpetuation of our natural and cultural resources," Green said. "While the recreation commercial permitting system requires reform, our state needs to take a balanced, concerted approach so that fishermen, hundreds of local jobs, and several businesses across our islands are not adversely impacted by the sudden change in ocean recreation commercial permits."
Green also raised concerns over the transparency of another measure, Senate Bill 1518, which provides procurement exemptions for the state Department of Education for certain goods, services and construction. Green said that existing guidelines "provide for an open and transparent process; procurement should be uniform for all statewide government entities."
"If the Department of Education has specific goods or services which it believes should not apply to competitive procurement, then existing statute and administrative rules already provide guidelines for such exemptions," Green said. "If enacted, this bill will decrease efficiency, create administrative burdens, limit competition and open unfair advantages to certain vendors."
All bills not included in the list Friday will become law by July 11. The governor has until July 11 to make a final decision and does not have to issue a veto for every bill on the intent to veto list.
House Speaker Scott Saiki did not indicate lawmakers had any plans to override vetoes on Green's list.
"The House members will need to caucus to discuss the bills identified in the Governor's veto list," Saiki said in a statement on Friday. "At first glance, it does not appear that these vetoes would necessitate an override vote. The Legislature may continue its work on these bills for the 2024 Legislative Session."
Other bills Green intends to veto are:
• House Bill 475, which establishes the Art in Private Places Pilot Program and Special Account. It also clarifies the scope of the State Foundation on Culture and the Arts' responsibilities to include administration of the pilot program and requires annual reports to the Legislature. Green said the use of state-owned artwork to support non-state entities goes against the original intent of the Art in Public Places law.
• Senate Bill 814, which requires the Office of Enterprise Technology Services to develop, publish and periodically update electronic information technology multilingual accessibility standards for all state entities. Green said this would require branches of government outside of the office's authority to follow their standards and also lead to increased costs.
• Senate Bill 945, which establishes a program for the licensure, regulation and oversight of special purpose digital currency companies and extends the operations of companies in the Digital Currency Innovation Lab under certain circumstances. Green said funds would need to be allocated from the Compliance Resolution Fund, which is not typically used to start new programs. He also worried about oversight not being sufficient.
• House Bill 964, which establishes a fee of $10 for the issuance of an apostille or nonapostille certification and establishes the apostilles and certifications special fund. Green said raising the fee from $1 to $10 was a large increase that would disproportionally impact educational and community groups.
• House Bill 999, which amends the composition of the Hawaii Technology Development Corporation Board of Directors to remove an appointed member of the University of Hawaii. It also adds the chairperson of the UH Board of Regents unless the chairperson designates another regent. Green said modifying the composition of the board is not needed.
• Senate Bill 1079, which requires courts to, upon application, expunge records of convictions if the sentencing occurred before 1998, for first-time offenses involving operating a vehicle after consuming a measurable amount of alcohol while under 21 and certain property offenses.
"According to the Attorney General, this bill intends to expunge records of sentences imposed prior to 1998, but the two laws referenced in the bill were enacted after 1998. Therefore, the bill has no impact for expungement," Green said
• House Bill 1088, which amends the conditions, manner and areas in which the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies. Green said the commission currently has sufficient power to address emergency situations and is still developing a Water Shortage Plan, "which is a critical foundation for any future strategy concerning water shortage emergencies."
• Senate Bill 1586, which appropriates funds to UH for five administrative, professional and technical full-time positions at the College of Tropical Agriculture and Human Resources. Green cited logistical issues and said the bill may conflict with UH employee classifications because it "inappropriately" lists administrative, professional and technical positions, which are faculty-level positions.