HB1956 HD1

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 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" means any stream or stream channel identified by or consistent with the stream inventory maintained by the commission on water resource management pursuant to chapter 174C and any natural watercourse with a defined bed and bank in which water flows more than ephemerally that is hydrologically connected to coastal systems, including tidally influenced or brackish reaches.

"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" has the same meaning as in section 710-1000.

"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.

"Residing" means sleeping, lodging, or otherwise occupying a structure, encampment, vehicle, or place for dwelling purposes, as indicated by the use of bedding, shelter materials, or other items commonly associated with habitation, including but not limited to tents, tarps, sleeping bags, blankets, pillows, portable shelters, or similar sleeping equipment.

"Unattended personal property" means personal property not in the immediate possession or control of any individual and not temporarily set aside while the owner remains in the immediate vicinity.

§ -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 occupying real property as an owner, lessee, or authorized residential occupant within fifty feet of a freshwater waterway.

§ -4 Violations; citation; timeline. (a) A violation of this chapter shall constitute a civil violation and shall not constitute a criminal offense. Any civil citations issued pursuant to this chapter shall be issued in accordance with chapter 199D or other applicable law.

(b) A law enforcement officer who observes a violation of this chapter shall issue an oral order to vacate and a written notice stating the location, date, time, and nature of the violation and the steps required for compliance. The notice shall direct the individual and any personal property to be relocated to a location more than fifty feet from the edge of the freshwater waterway. The notice shall state that failure to comply within twenty-four hours after the time of issuance may result in a citation. Nothing in this subsection shall limit a law enforcement officer's authority to immediately direct relocation when an imminent threat to life or public safety exists, including but not limited to flooding or hazardous contamination. Any emergency shortening of the notice period shall be documented in writing.

The notice shall inform the individual that essential personal property, including not limited to identification documents, medication, mobility aids, and items necessary for immediate health and safety, shall not be discarded and shall be handled pursuant to section -5.

(c) Before issuing a civil citation in a particular location, the law enforcement officer shall document any attempt to notify public and private agencies, organizations, and entities that assist individuals experiencing homelessness. Failure of an outreach entity to respond shall not invalidate a citation. A law enforcement officer shall document any attempt to notify and coordinate with outreach entities.

(d) If an individual remains in the prohibited area after the expiration of the time specified in the notice, the law enforcement officer may issue a written civil citation that shall be adjudicated pursuant to chapter 199D or other applicable law and may initiate the State or county's established homeless encampment clearance protocol.

(e) The citation shall include:

(1) The name of the law enforcement officer issuing the citation;

(2) The date, time, and location of the alleged violation;

(3) A factual statement identifying the conduct constituting the alleged violation;

(4) The amount or range of the civil penalty;

(5) The time and location for the individual to appear or the method to contest the citation; and

(6) A statement of the procedure and deadline to request a hearing to contest the citation.

(f) Service of the citation shall constitute a summons to the individual to appear or respond as directed in the citation.

(g) Any person who receives a citation under this section may contest the citation pursuant to chapter 199D or other applicable law. A timely request for hearing shall stay the collection of any civil penalty until a final administrative decision is issued.

(h) If a civil penalty is imposed, the civil penalty shall be proportionate and may be waived or reduced upon a showing of indigency or proof of compliance, including corrective action to cure the violation or good-faith payment or payment arrangements toward the civil penalty.

(i) When conducting a homeless encampment clearance pursuant to subsection (d), a law enforcement officer shall document any attempt 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. Failure of an outreach agency to respond shall not invalidate the clearance.

(j) 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 Unattended personal property; removal; inventory; storage; disposal. (a) If unattended personal property remains in the prohibited area after the expiration of the time specified in the notice issued pursuant to section -4, the state or county agency having jurisdiction over the area, acting through its officers, employees, or authorized agents or contractors, may remove the unattended personal property.

(b) At the time of removal, the state or county agency shall prepare a written inventory describing the personal property removed and the location from which it was removed, including a general description and the quantity of items removed.

(c) The state or county agency shall store the personal property in a secure location for a period of no less than thirty days from the date of removal.

(d) At the time of removal, or as soon thereafter as practicable, the state or county agency shall provide written notice describing the location of storage and the method by which the personal property may be reclaimed. Personal property shall be returned upon request of the owner without charge, except for storage fees authorized by law; provided that storage fees shall not be charged to individuals who attest to indigency.

(e) Personal property not reclaimed within the period set forth in subsection (c) may be disposed of in accordance with law.

(f) Notwithstanding subsections (a) through (e), personal property that presents an immediate threat to public health or safety may be discarded without storage; provided that the basis for the determination is documented with particularity in writing.

(g) Personal property removed pursuant to this section shall not be relocated onto privately owned real property without the consent of the owner of the real property.

(h) Essential personal property, including but not limited to identification documents, medication, mobility aids, and items necessary for immediate health and safety, shall be catalogued separately and made available for immediate retrieval upon request.

(i) Notice of the storage location and retrieval method shall be provided in writing at the time of removal and, when practicable, by posted signage at or near the site of removal for at least seven days.

(j) Removal of personal property under this section shall be for administrative and custodial purposes only and shall not constitute a seizure for criminal evidentiary purposes; provided that nothing in this subsection shall prohibit the lawful seizure of contraband or evidence of a crime discovered in plain view.

§ -6 Rules. The department of land and natural resources shall adopt rules pursuant to chapter 91 to implement this chapter.

§ -7 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 on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1956
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII