HB964 would make it unlawful to loiter or camp within 50 feet of a state-owned streambank unless specifically authorized by the appropriate state agency. The bill is aimed at addressing public safety, environmental, and land-management concerns associated with encampments near streams, including flooding risk, pollution, erosion, habitat damage, and interference with conservation and maintenance work.
The measure creates an enforcement process that allows law enforcement or authorized personnel to issue a written notice to vacate, give up to 24 hours to comply, and then remove the person and personal property if the notice is ignored. It also authorizes a civil fine of up to $500 per violation and allows courts or authorities to impose community service focused on environmental restoration or conservation, or participation in mental health, substance abuse, or other support services. The bill exempts authorized state activities, emergency refuge in imminent danger, and permitted uses under state or county permits.
Impact
HB964 would add a new section to Chapter 171, Hawaii Revised Statutes, creating a specific trespass-related offense for unauthorized loitering or camping near state-owned streambanks. It would expand the authority of law enforcement and authorized personnel to remove individuals from these areas after notice, and it would establish a framework for handling personal property under abandoned property procedures. The bill also appropriates unspecified general funds for fiscal years 2025-2026 and 2026-2027 to support enforcement, public education, and environmental restoration, with the Department of Land and Natural Resources designated to administer the funds.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears to be policy-driven and protective of public lands rather than overtly partisan. The bill frames the issue as one of safety, environmental stewardship, and resource management, suggesting support from those prioritizing stream protection and enforcement tools. At the same time, the inclusion of notice, exemptions, and noncustodial alternatives such as community service and treatment indicates an attempt to balance enforcement with humanitarian considerations.
Contention
The main points of contention are likely to involve the scope of the 50-foot buffer, the authority to remove people from streambank areas, and the potential impact on unhoused individuals who may be camping in these locations. Critics may view the measure as criminalizing homelessness or giving law enforcement broad discretion, while supporters are likely to emphasize flood danger, pollution, erosion, and the need to protect state-managed lands. The bill’s allowance for mental health or substance abuse services may also draw mixed reactions, with some seeing it as a constructive alternative and others questioning whether it is appropriate or enforceable in a trespass context.