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SB366
THE SENATE
S.B. NO.
366
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to stream maintenance
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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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.
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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.
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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.
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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.
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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.
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Accordingly, the purpose of this Act is to
prohibit the storage of personal property in or near a public stream or
tributary.
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SECTION
2.
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Chapter 171, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:
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�171-
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Storage of personal property in or near a
public stream or tributary; prohibited.
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(a)
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A person shall not store
personal property in or near a public stream or tributary.
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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.
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(b)
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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.
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"Personal property" does not include any vehicle as defined in
section 291C-1 or vessel as defined in section 200-23.
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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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.