SB 366: 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 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.