Bill Text: HI HB536 | 2025 | Regular Session | Introduced
Bill Title: Relating To Freshwater Waterways.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2025-01-21 - Referred to WAL, JHA, FIN, referral sheet 2 [HB536 Detail]
Download: Hawaii-2025-HB536-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
536 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to freshwater waterways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and oceans are full of robust and diverse life. The legislature further finds that much of the State's recreation and economic resources are based around the ocean.
The legislature also finds that during Hawaii's rainy season, it is common for bays or beaches to be affected by natural runoff from freshwater waterways. Although this runoff occurs naturally, it has also become more common for human-made waste to find its way to streams and washed out to the ocean via these freshwater waterways.
In addition, the legislature finds that during recent years, the homelessness crisis in the State has resulted in encampments developing in, on, or immediately around freshwater waterways that lead to the ocean. Intentionally or unintentionally, these encampments have added to the human-made waste in Hawaii's freshwater waterways. Furthermore, it has become increasingly common for first responders to rescue individuals who reside in, on, or immediately around these freshwater waterways.
Therefore, the purpose of this Act is to help protect Hawaii's natural environment and help protect human life by prohibiting residing in, on, or within fifty feet of a freshwater waterway and authorizing law enforcement agencies to enforce the prohibition.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 12, subtitle 6, to be appropriately designated and to read as follows:
"Chapter
VACATING
OF FRESHWATER WATERWAYS
§ -1 Definitions. As used in this chapter:
"Freshwater waterway" includes a river, stream, or drainage canal.
"Order to vacate" means an order issued by a state or county law enforcement agency to vacate any area in, on, or within fifty feet of a freshwater waterway.
§ -2 Residence; prohibited. Unless
otherwise allowed by law, including section -3, no individual
shall reside in, on, or within fifty feet of a freshwater waterway.
§ -3 Applicability. This chapter shall not be construed to apply to:
(1) A lawful owner or renter of real property within fifty feet of a freshwater waterway; or
(2) Any other individual who lawfully occupies real
property within fifty feet of a
freshwater waterway.
§ -4 Enforcement. (a) The conservation and resources enforcement
program shall collaborate with state and county law enforcement agencies,
including county police departments, to enforce this chapter.
(b) In enforcing this chapter, law enforcement agencies shall:
(1) Not be required to provide any advance notice prior to issuing an order to vacate;
(2) Issue oral orders to vacate;
(3) Allow individuals up to forty-five minutes to remove any personal property;
(4) Immediately remove and dispose of any personal property if the owner of the property is not present or available at the time an order to vacate is issued; provided that any property removed shall not be held for future retrieval by its owner;
(5) Issue warnings for a first offense and issue citations for any subsequent offense;
(6) Arrest and fine individuals who have violated this chapter more than times; and
(7) Strive to contact public and private agencies, entities, and organizations that assist homeless individuals before enforcing this chapter in a particular location.
§ -5 Personal property; relocation. (a) All personal property that is removed from a
freshwater waterway shall be moved over fifty feet from the edge of the
freshwater waterway.
(b) If
a wall, berm, or other similar structure borders the freshwater waterway, all
personal property that is removed from the freshwater waterway shall be moved
over fifty feet from the edge of the wall, berm, or structure.
(c) No
property that is removed from a freshwater waterway shall be moved on to
private real property without the consent of the owner of the private real
property.
§ -6 Community complaints. Complaints from the community regarding individuals residing in, on, or within fifty feet of a freshwater waterway shall:
(1) Be made primarily to county police departments; and
(2) Also be accepted directly by the department of
land and natural resources.
§ -7 Rules. The department of land and natural resources shall adopt rules pursuant to chapter 91 to implement this chapter."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for any new program or increase in the level of service required by the counties pursuant to this Act, as the State's share in the cost under article VIII, section 5, of the Hawaii State Constitution.
The sums appropriated shall be expended by the counties for the purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Freshwater Waterways; Prohibition Against Residing; DOCARE; Law Enforcement Agencies; Counties; Appropriation
Description:
Prohibits residing in, on, or within fifty feet of a freshwater waterway. Authorizes state and local law enforcement agencies, including the Department of Land and Natural Resources' Conservation and Resources Enforcement Program and county police, to enforce the prohibition.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
