HB 211: RELATING TO STREAM MAINTENANCE.

A BILL FOR AN ACT

RELATING TO STREAM MAINTENANCE.

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

     SECTION 1.  The legislature finds that the State's public streams and tributaries are vital natural resources that support the State's ecosystems, serve as crucial infrastructure for managing stormwater, and provide recreational and aesthetic value to residents and visitors alike.  Improper storage of personal property in or near these waterways poses significant environmental, health, and safety risks, including obstructing water flow, increasing flood potential, and introducing pollutants into the ecosystem.

     The legislature further finds that in October 2024, heavy rains caused debris from tributaries to wash into the Ala Wai canal and Ala Wai small boat harbor, creating hazardous conditions that jeopardized public safety, harmed marine ecosystems, and disrupted boating and recreational activities.  Such incidents demonstrate the urgent need to regulate the storage of personal property in or near public streams and tributaries to prevent future blockages, pollution, and environmental degradation.  It is the responsibility of the State to preserve its natural resources, protect public safety, and maintain the functionality and health of its waterways for present and future generations.

     Accordingly, the purpose of this Act is to require the counties to remove and dispose of certain personal property as part of maintenance of channels, streambeds, streambanks, or drainageways.

     SECTION 2.  Section 46-11.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§46-11.5[]]  Maintenance of channels, streambeds, streambanks, and drainageways.  (a)  Notwithstanding any law to the contrary, each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to the ocean, and including the removal and disposal of personal property pursuant to subsection (b), in suitable condition to carry off storm waters; and for the removal from the channels, streambeds, streambanks, and drainageways and from the shores and beaches any debris which is likely to create an unsanitary condition or otherwise become a public nuisance; provided that to the extent any of the foregoing work is a private responsibility the responsibility may be enforced by the county in lieu of the work being done at county expense, and any private entity or person refusing to comply with any final order issued by the county shall be in violation of this chapter and be liable for a civil penalty not to exceed $500 for each day the violation continues; provided further that it shall be the responsibility of the county to maintain all channels, streambeds, streambanks, and drainageways unless such channels, streambeds, streambanks, and drainageways are privately owned or owned by the State, in which event such channels, streambeds, streambanks, and drainageways shall be maintained by their respective owners.

     (b)  Personal property shall not be stored in or near channels, streambeds, streambanks, and drainageways.  Personal property stored in or near channels, streambeds, streambanks, and drainageways for a continuous period of more than twenty-four hours shall be deemed abandoned property and may be disposed of by the State or county.

     (c)  For the purposes of this section, "personal property" means any and all tangible property and includes but is not limited to items, goods, materials, merchandise, furniture, equipment, fixtures, clothing, and household items.  "Personal property" does not include any vehicle as defined in section 291C-1 or vessel as defined in section 200-23."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Abandoned Property; Personal Property; Property Storage; Streambeds; Streambanks; Channels; Drainageways; Counties

Description:

Requires the counties to remove and dispose of personal property as part of the maintenance of channels, streambeds, streambanks, and drainageways.  Clarifies that personal property stored in or near a channel, streambed, streambank, or drainageways for a continuous period of more than twenty-four hours shall be deemed abandoned property which may be disposed of by the State or county.  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 stream maintenance.

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

     SECTION 1.  The legislature finds that the State's public streams and tributaries are vital natural resources that support the State's ecosystems, serve as crucial infrastructure for managing stormwater, and provide recreational and aesthetic value to residents and visitors alike.  Improper storage of personal property in or near these waterways poses significant environmental, health, and safety risks, including obstructing water flow, increasing flood potential, and introducing pollutants into the ecosystem.

     The legislature further finds that in October 2024, heavy rains caused debris from tributaries to wash into the Ala Wai canal and Ala Wai small boat harbor, creating hazardous conditions that jeopardized public safety, harmed marine ecosystems, and disrupted boating and recreational activities.  Such incidents demonstrate the urgent need to regulate the storage of personal property in or near public streams and tributaries to prevent future blockages, pollution, and environmental degradation.  It is the responsibility of the State to preserve its natural resources, protect public safety, and maintain the functionality and health of its waterways for present and future generations.

     Accordingly, the purpose of this Act is to prohibit the storage of personal property in or near a public stream or tributary.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§171-    Storage of personal property in or near a public stream or tributary; prohibited.  (a)  A person shall not store personal property in or near a public stream or tributary.  Personal property stored in or near a public stream or tributary for a continuous period of more than twenty-four hours shall be deemed abandoned property that the department shall dispose of pursuant to section 171-31.5.

     (b)  For the purposes of this section, "personal property" means any and all tangible property and includes but is not limited to items, goods, materials, merchandise, furniture, equipment, fixtures, clothing, and household items.  "Personal property" does not include any vehicle as defined in section 291C-1 or vessel as defined in section 200-23."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DLNR; Abandoned Property; Personal Property; Property Storage; Streams; Tributaries

Description:

Clarifies that personal property stored in or near a public stream or tributary for a continuous period of more than twenty-four hours shall become abandoned property which the Department of Land and Natural Resources shall dispose of.

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.  360

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 211

      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 Water & Land, to which was referred H.B. No. 211 entitled:

"A BILL FOR AN ACT RELATING TO STREAM MAINTENANCE,"

begs leave to report as follows:

     The purpose of this measure is to prohibit the storage of personal property in or near a public stream or tributary.  

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that the State's public streams and tributaries play a vital role in the State's ecosystems, serve as crucial infrastructure for managing stormwater, and provide recreational and aesthetic value to residents and visitors.  Your Committee further finds that improper storage of personal property in or near these waterways pose significant environmental, health, and safety risks, including obstructing water flow, increasing flood potential, and introducing pollutants into the ecosystem.  Your Committee believes that prohibiting the storage of personal property in or near public streams will protect public safety and maintain the functionality and health of the State's waterways for present and future generations.

     Your Committee has amended this measure by:

     (1)  Clarifying that the counties, rather than the Department of Land and Natural Resources, are responsible for removing and disposing of personal property stored in or near a channel, streambed, streambank, or drainageway;

     (2)  Deeming personal property stored in or near a channel, streambed, streambank, or drainageway for a continuous period of more than twenty-four hours to be abandoned property and authorizing the State and counties to dispose of it;

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

     (4)  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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 211, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 211, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,