THE SENATE	S.B. NO.	3014
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to hazard mitigation.

 

 

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

 

     SECTION 1.  Section 127A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-18  Mitigation of hazardous situations.  (a)  Even in the absence of an emergency or disaster, the governor or mayor of the county in which the private property is located may authorize designated state or county employees, agents, contractors, or representatives to enter private property at reasonable times to mitigate situations deemed by the governor or mayor to be hazardous to the health and safety of the public[;], threatening to public or private property, or both; provided that this section shall be applicable only to the following actions:

     (1)  Cutting, trimming, or removing dangerous trees or branches that pose a hazard [to other properties];

     (2)  Stabilizing or removing unstable rock and soil hazards;

     (3)  Cleaning streams and waterways to mitigate or prevent flooding[; or];

     (4)  Cutting, trimming, or removing grasses, shrubbery, and any other natural or man-made materials that may pose a fire hazard; or

    [(4)] (5)  [Additional] Addressing natural hazards;

provided further that at least ten days' written notice shall be provided to the landowner and to the occupier of the private property of the governor's or mayor's intention to authorize designated state or county employees, agents, contractors, or representatives to enter the property to mitigate the hazardous situation; provided further that the landowner or occupier shall be given a reasonable opportunity to mitigate the hazardous situation without assistance of the State or county before designated state or county employees, agents, contractors, or representatives may enter the property.

     (b)  Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  If land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county in which any action or proposed action will be taken.

     (c)  If entry is refused, the governor or mayor may apply to the district court in the circuit in which the property is located for a warrant to enter the premises.  The district court may issue a warrant directing the chief of the appropriate county police to assist the governor or mayor in gaining entry onto the premises during regular working hours or at other reasonable times.

     (d)  The governor or mayor may seek recovery and reimbursement, by appropriate proceedings, of all costs and expenses incurred in the mitigation of a hazardous situation under this section, and any costs and expenses imposed against any landowner shall be a lien upon the landowner's property.

     (e)  This section shall take effect only upon authorization and funding for personnel to administer the program."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:	_____________________________

 

 

 

 

Report Title:

Counties; Natural Hazards; Private Property; Right of Way

 

Description:

Extends the right to enter private property and remove or stabilize natural hazards that are at risk of harming the public or other properties to the county in which the private property is located and that county's respective mayor.

 

 

 

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