STAND. COM. REP. NO.  360

 

Honolulu, Hawaii

                , 2025

 

RE:   H.B. No. 211

      H.D. 1

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Madame:

 

     Your Committee on Water & Land, to which was referred H.B. No. 211 entitled:

 

"A BILL FOR AN ACT RELATING TO STREAM MAINTENANCE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to prohibit the storage of personal property in or near a public stream or tributary.  

 

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources.

 

     Your Committee finds that the State's public streams and tributaries play a vital role in the State's ecosystems, serve as crucial infrastructure for managing stormwater, and provide recreational and aesthetic value to residents and visitors.  Your Committee further finds that improper storage of personal property in or near these waterways pose significant environmental, health, and safety risks, including obstructing water flow, increasing flood potential, and introducing pollutants into the ecosystem.  Your Committee believes that prohibiting the storage of personal property in or near public streams will protect public safety and maintain the functionality and health of the State's waterways for present and future generations.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that the counties, rather than the Department of Land and Natural Resources, are responsible for removing and disposing of personal property stored in or near a channel, streambed, streambank, or drainageway;

 

     (2)  Deeming personal property stored in or near a channel, streambed, streambank, or drainageway for a continuous period of more than twenty-four hours to be abandoned property and authorizing the State and counties to dispose of it;

 

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 211, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 211, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

 

 

Respectfully submitted on behalf of the members of the Committee on Water & Land,

 

 

 

 

____________________________

MARK J. HASHEM, Chair