HB1956

SECTION 1. The legislature finds that Hawaii's beaches and oceans sustain a rich and diverse ecosystem and serve as a foundation of the State's culture, recreation, and economy. Because of the State is an archipelago, the health of the State's marine environment is inextricably linked to the condition of its inland waterways.

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, in recent years the volume of human-made waste finding its way to streams and being washed out to the ocean via these freshwater waterways has significantly increased. Encampments established in, on, or immediately around freshwater waterways and drainage channels that lead to the ocean have added to the human-made waste in Hawaii's freshwater waterways, degrading marine habitats and diminishing public health and safety. Furthermore, it has become increasingly common for first responders to rescue individuals who reside in, on, or immediately around these freshwater waterways, placing both the individuals and the first responders at serious risk.

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.

"Law enforcement agency" means any county police department, the department of law enforcement, and the division of conservation and resources enforcement of the department of land and natural resources.

"Law enforcement officer" means a sheriff, deputy sheriff, police officer, or an enforcement officer within a law enforcement agency.

"Order to vacate" means an order issued by a 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 or within fifty feet of any wall, berm, or similar structure lining 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 Violations; warning; citation; timeline. (a) A law enforcement officer shall address any violation of this chapter as follows:

(1) For a first violation, the law enforcement officer shall issue an oral order to vacate, which shall include the following:

(A) Notice that the individual is unlawfully residing within fifty feet of a freshwater waterway or a wall, berm, or similar structure lining the freshwater waterway;

(B) Instructions to the individual to remove the individual's self and the individual's personal property from the area; and

(2) For a second violation within six hours of the first violation, a citation shall be issued if the individual:

(A) Remains in the prohibited area; or

(B) Has vacated the area but has left personal property behind; and

(3) For a third violation within six hours of a second violation, a citation shall be issued if the individual:

(A) Remains in the prohibited area; or

(B) Has vacated the area but has left personal property behind.

(b) If an individual remains in the prohibited area more than six hours after the issuance of a second citation, the law enforcement officer shall initiate the county's established homeless encampment clearance protocol.

(c) When conducting a homeless encampment clearance pursuant to subsection (b), the law enforcement officer shall make reasonable efforts to notify and coordinate with local homeless outreach agencies, including the statewide office on homelessness and housing solutions and any similar county offices or departments tasked with assisting individuals experiencing homelessness, to provide support, services, and resources to affected individuals.

(d) A citation issued pursuant to this section shall be in addition to any other penalty or enforcement action authorized by any other applicable law or ordinance.

§ -5 Enforcement. 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) Arrest and fine individuals who have violated this chapter more than times; and

(3) Strive to contact public and private agencies, entities, and organizations that assist homeless individuals before enforcing this chapter in a particular location.

§ -6 Persons and personal property; relocation. (a) All persons or 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 onto private real property without the consent of the owner of the private real property.

§ -7 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.

§ -8 Rules. The department of land and natural resources shall adopt rules pursuant to chapter 91 to implement this chapter.

§ -9 Relationship to other laws. Nothing in this chapter shall be construed to preempt any other law or ordinance that prohibits entry into, occupancy of, or residing within freshwater waterways or other protected areas."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1956
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII