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HB536
HOUSE OF REPRESENTATIVES
H.B. NO.
536
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to freshwater waterways
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
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The legislature finds that Hawaii's beaches
and oceans are full of robust and diverse life.
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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.
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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.
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Intentionally or unintentionally, these encampments have added to the
human-made waste in Hawaii's freshwater waterways.
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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.
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SECTION
2.
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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
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� -1
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Definitions.
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As used in this chapter:
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"Freshwater
waterway" includes a river, stream, or drainage canal.
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"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.
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Residence; prohibited.
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Unless
otherwise allowed by law, including section -3, no individual
shall reside in, on, or within fifty feet of a freshwater waterway.
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� -3
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Applicability.
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This chapter shall not be
construed to apply to:
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(1)
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A lawful owner or renter of real property
within fifty feet of a freshwater waterway;
or
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(2)
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Any other individual who lawfully occupies real
property
within fifty feet of a
freshwater waterway.
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Enforcement.
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(a)
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The conservation and resources enforcement
program shall collaborate with state and county law enforcement agencies,
including county police departments, to enforce this chapter.
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(b)
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In enforcing this chapter, law enforcement
agencies shall:
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(1)
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Not be required to provide any advance notice
prior to issuing an order to vacate;
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(2)
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Issue oral orders to vacate;
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(3)
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Allow individuals up to forty-five minutes to
remove any personal property;
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(4)
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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;
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(5)
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Issue warnings for a first offense and issue
citations for any subsequent offense;
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(6)
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Arrest and fine individuals who have violated
this chapter more than times; and
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(7)
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Strive to contact public and private agencies,
entities, and organizations that assist homeless individuals before enforcing
this chapter in a particular location.
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� -5
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Personal property; relocation.
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(a)
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All personal property that is removed from a
freshwater waterway shall be moved over fifty feet from the edge of the
freshwater waterway.
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(b)
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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.
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(c)
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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.
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Community complaints.
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Complaints from the community regarding individuals
residing
in, on, or within fifty feet of a
freshwater
waterway shall:
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(1)
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Be made primarily to county police
departments; and
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(2)
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Also be accepted directly by the department of
land and natural resources.
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Rules.
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The department of land and
natural resources shall adopt rules pursuant to chapter 91 to implement this chapter."
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SECTION
3.
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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.
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The sums
appropriated shall be expended by the
counties for the purposes of this Act.
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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 5.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
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.
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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.