HB1907 HD2

SECTION 1. The legislature finds that trash and other debris can restrict the flow of water through streams and other waterways, thereby preventing the draining of stormwater and contributing to flooding. Woody debris, such as fallen trees, logs, and branches, while important to the aquatic habitat, can also obstruct drainage patterns and contribute to flooding.

The legislature also finds that the State and counties are statutorily required to conduct maintenance for streams under their respective jurisdictions, which includes stream cleaning and drainage improvement projects. Homeowners are responsible for stream management on their properties.

A common concern of homeowners and other landowners is the accumulation of debris in the stream channel that obstructs stream flow, which can lead to flooding. This problem is compounded by illegal dumping and trash that clog and pollute Hawaii's streams. The legislature finds that the department of land and natural resources, through its stream maintenance schedule, as well as other departments that have jurisdiction over stream maintenance, such as the department of education, are often unable to clear all streams ahead of flooding events. The legislature finds that effective stream management and maintenance are essential to clear waterways and prevent flooding.

The legislature additionally finds that there is a particular concern to ensure that Manoa stream, which has a history of flooding, remains well maintained and clear of debris. In October 2004, a severe thunderstorm moved onshore from the east-northeast over the Koolau mountains and into Manoa valley, causing a flash flood in the early evening hours. The intense rainfall, coupled with debris washing down and collecting at bridges on Lowrey avenue and Woodlawn drive, caused Manoa stream to quickly overflow its banks in several areas, causing severe damage to residential homes and the University of Hawaii's Manoa campus.

Accordingly, the purpose of this Act is to establish a two-year Manoa stream maintenance reimbursement pilot program under the department of land and natural resources.

SECTION 2. (a) There is established within the department of land and natural resources a two-year Manoa stream maintenance reimbursement pilot program to reimburse homeowners along Manoa stream for the costs incurred by a homeowner for clearing debris in or around a stream within feet of the homeowner's property and where there is potential imminent harm of a flood occurring to the homeowner's property due to the debris in or around the stream.

(b) The department of land and natural resources shall establish and implement a Manoa stream maintenance reimbursement pilot program that includes an application process for approving reimbursements to homeowners under this section; provided that:

(1) To qualify for reimbursement, a homeowner shall submit an application for reimbursement to the department for review and approval, prior to the homeowner incurring any expense for debris clearing. Applications for reimbursements by homeowners shall be submitted on a form furnished by the department of land and natural resources, together with accompanying documentation, including photographic documentation, of the costs of clearing debris from the specific portion in or around the stream;

(2) Debris clearing services or costs incurred before the homeowner's application is approved by the department of land and natural resources shall not be reimbursed under the pilot program;

(3) Reimbursements under the pilot program shall be reviewed and approved by the department of land and natural resources;

(4) Departments that have jurisdiction over streams not maintained by the department of land and natural resources shall coordinate with the department of land and natural resources to participate in the Manoa stream maintenance reimbursement pilot program; and

(5) Reimbursement to each homeowner shall not exceed:

(A) $2,000 annually; and

(B) An amount equal to one-half of the costs incurred for debris clearing.

(c) No later than twenty days prior to the convening of the regular session of 2025, the department of land and natural resources shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature on the results of the Manoa stream maintenance reimbursement pilot program and whether the pilot program should expire or be extended and, if extended, with or without modification.

(d) Actions taken by the department of land and natural resources pursuant to this section shall be exempt from the rulemaking requirements of section 91-3, Hawaii Revised Statutes.

(e) The Manoa stream maintenance reimbursement pilot program shall end on June 30, 2026.

(f) For the purposes of this section, "homeowner" means the owner of residential real property that is adjacent to Manoa stream.

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 2024-2025 for reimbursements to qualified homeowners for debris clearing under the Manoa stream maintenance reimbursement pilot program established by this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. 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 2024-2025 for the establishment of full-time equivalent ( FTE) positions to implement the Manoa stream maintenance reimbursement pilot program.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriations made in this Act are necessary to serve the public interest; and

(2) The appropriations made in this Act meet the needs addressed by this Act.

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1907
THIRTY-SECOND LEGISLATURE, 2024		H.D. 2
STATE OF HAWAII