HB2196

HOUSE OF REPRESENTATIVES	H.B. NO.	2196
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO STREAM MAINTENANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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 purpose of this Act is to establish a two-year 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 stream maintenance reimbursement pilot program to reimburse homeowners 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 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 stream maintenance reimbursement pilot program; and

(5) Reimbursement to each homeowner shall not exceed $2,000 annually.

(c) No later than twenty days prior to the convening of the regular session of 2024, 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 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 stream maintenance reimbursement pilot program shall be repealed on June 30, 2024.

(f) For the purposes of this section, "homeowner" means the owner of residential real property.

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 2022-2023 for reimbursements to qualified homeowners for debris clearing under the 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. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2022.

INTRODUCED BY:	_____________________________