Bill Text: HI HB2651 | 2024 | Regular Session | Introduced
Bill Title: Relating To Hazard Mitigation.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to WAL, JHA, referral sheet 3 [HB2651 Detail]
Download: Hawaii-2024-HB2651-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2651 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to hazard mitigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 127A-18, Hawaii Revised Statutes, is amended to read as follows:
"§127A-18 Mitigation of
hazardous situations. (a)
Even in the absence of an emergency or disaster, the governor or
mayor of the county in which the private property is located may authorize
designated state or county employees, agents, contractors, or
representatives to enter private property at reasonable times to mitigate
situations deemed by the governor or mayor to be hazardous to the health
and safety of the public[;], threatening to public or private
property, or both; provided that this section shall be applicable only to
the following actions:
(1) Cutting,
trimming, or removing dangerous trees or branches that pose a hazard [to
other properties];
(2) Stabilizing
or removing unstable rock and soil hazards;
(3) Cleaning
streams and waterways to mitigate or prevent flooding[; or];
(4) Cutting,
trimming, or removing grasses, shrubbery, and any other natural or man-made
materials that may pose a fire hazard; or
[(4)] (5) [Additional] Addressing natural
hazards;
provided further that at least ten days' written notice shall be provided
to the landowner and to the occupier of the private property of the governor's or
mayor's intention to authorize designated state or county employees,
agents, contractors, or representatives to enter the property to mitigate the
hazardous situation; provided further that the landowner or occupier shall be
given a reasonable opportunity to mitigate the hazardous situation without
assistance of the State or county before designated state or county
employees, agents, contractors, or representatives may enter the property.
(b) Written notice sent to the landowner's last
known address by certified mail, postage prepaid, return receipt requested,
shall be deemed sufficient notice. If
land ownership cannot be determined, notice shall be given once in a daily or
weekly publication of general circulation in the county in which any action or
proposed action will be taken.
(c) If entry is refused, the governor or mayor
may apply to the district court in the circuit in which the property is located
for a warrant to enter the premises. The
district court may issue a warrant directing the chief of the appropriate
county police to assist the governor or mayor in gaining entry onto the
premises during regular working hours or at other reasonable times.
(d) The governor or mayor may seek
recovery and reimbursement, by appropriate proceedings, of all costs and
expenses incurred in the mitigation of a hazardous situation under this
section, and any costs and expenses imposed against any landowner shall be a
lien upon the landowner's property.
(e) This section shall take effect only upon authorization and funding for personnel to administer the program."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Counties; Natural Hazards; Private Property; Right of Way
Description:
Extends the right to enter private property and remove or stabilize natural hazards that are at risk of harming the public or other properties to the county in which the private property is located and that county's respective mayor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
