Hawaii 2022 Regular Session

Hawaii House Bill HCR39 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.C.R. NO. 39 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION REQUESTING THE STATE AND CITY AND COUNTY OF HONOLULU TO CONVENE A WORKING GROUP TO COLLABORATE ON MULTI-JURISDICTIONAL STREAM MAINTENANCE.
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3	3	HOUSE OF REPRESENTATIVES H.C.R. NO. 39
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.C.R. NO.
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11	11	39
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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29	29	HOUSE CONCURRENT
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31	31	RESOLUTION
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37	37	REQUESTING THE STATE AND CITY AND COUNTY OF HONOLULU TO CONVENE A WORKING GROUP TO COLLABORATE ON MULTI-JURISDICTIONAL STREAM MAINTENANCE.
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45	45	WHEREAS, the State and counties are statutorily required to conduct maintenance for streams under their respective jurisdictions, which includes stream cleaning and drainage improvement projects, and homeowners are responsible for stream management on their properties; and WHEREAS, the division of jurisdictional responsibilities and property ownership among these various entities can complicate and often obstruct the necessary maintenance required for the proper functioning of streams, thus further exacerbating the magnitude of damage as well as the costs to rebuild and repair property and correct structural damages after significant rainfall; and WHEREAS, as periodic heavy rainfall occurs, private businesses, residences, schools, institutions, and other places are in imminent danger of property damage caused by heavy flooding, debris, water damage, and displaced materials; and WHEREAS, according to the Department of Land and Natural Resources Division of Aquatic Resources, localized heavy rainfall and storms passing through the Hawaiian Islands cause frequent flooding or flash floods, resulting in damages and potential risk to human life and property; and WHEREAS, according to the Honolulu 2019 Multi-Hazard Pre-Disaster Mitigation Plan, from about 1915 to 2019, floods caused by rainstorms, tsunamis, and hurricanes have claimed more than one hundred forty lives and inflicted more than $225,000,000 of direct and indirect damage on Oahu; and WHEREAS, jurisdiction over stream maintenance on Oahu is divided among the State, City and County of Honolulu, and private homeowners and businesses; and WHEREAS, to be effective in maintaining streams and avoid inaction due to divided responsibilities for maintenance, the State and City and County of Honolulu should convene a working group to identify ownership of all streams and, if a stream is under multiple ownership, determine what jurisdiction should be the lead for maintaining the stream; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate concurring, that the State and City and County of Honolulu are requested to convene a working group to collaborate on multi-jurisdictional stream maintenance; and BT IT FURTHER RESOLVED that the working group is requested to discuss and produce the following relating to multi-jurisdictional stream maintenance: (1) A list of all streams on Oahu, including ownership of and responsibility for each stream; (2) The advantages and disadvantages of private ownership of streams, including whether the working group determines that private ownership is in the best interest of the State, City and County of Honolulu, and communities where the streams are located; (3) If private ownership is determined to be disadvantageous to the community, an evaluation of how stream ownership should be transferred to the State or the City and County of Honolulu; (4) If private ownership is determined to be advantageous to the community, an evaluation of how private stream owners are currently notified of their responsibilities for stream maintenance and how the State and City and County of Honolulu can improve communication regarding stream maintenance and responsibilities of homeowners or other private owners; (5) A list of resources needed to better maintain streams, including the amount of funding and staff needed; and (6) A suggested schedule of maintenance of all streams on Oahu and the corresponding public or private entity that will be responsible for the maintenance of each part of the stream under its responsibility; and BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their respective designees: (1) The Chairperson of the Board of Land and Natural Resources, who is requested to serve as a co-chair of the working group; (2) The Director of the City and County of Honolulu Department of Facility Maintenance, who is requested to serve as a co-chair of the working group; (3) The Assistant Superintendent of the Department of Education Office of Facilities and Operations; (4) Any additional representative from a state department or agency with ownership over streams, to be invited by the working group; (5) Any additional representative from a City and County of Honolulu department or agency with ownership over streams, to be invited by the working group; and (6) Any additional members deemed necessary by the working group; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and BE IT FURTHER RESOLVED that the working group should cease to exist on June 30, 2023; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Acting Superintendent of Education, Mayor of the City and County of Honolulu, and Director of the City and County of Honolulu Department of Facility Maintenance. OFFERED BY: _____________________________ Report Title: State; City and County of Honolulu; Stream Maintenance; Working Group
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47	47	WHEREAS, the State and counties are statutorily required to conduct maintenance for streams under their respective jurisdictions, which includes stream cleaning and drainage improvement projects, and homeowners are responsible for stream management on their properties; and
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51	51	WHEREAS, the division of jurisdictional responsibilities and property ownership among these various entities can complicate and often obstruct the necessary maintenance required for the proper functioning of streams, thus further exacerbating the magnitude of damage as well as the costs to rebuild and repair property and correct structural damages after significant rainfall; and
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55	55	WHEREAS, as periodic heavy rainfall occurs, private businesses, residences, schools, institutions, and other places are in imminent danger of property damage caused by heavy flooding, debris, water damage, and displaced materials; and
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59	59	WHEREAS, according to the Department of Land and Natural Resources Division of Aquatic Resources, localized heavy rainfall and storms passing through the Hawaiian Islands cause frequent flooding or flash floods, resulting in damages and potential risk to human life and property; and
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63	63	WHEREAS, according to the Honolulu 2019 Multi-Hazard Pre-Disaster Mitigation Plan, from about 1915 to 2019, floods caused by rainstorms, tsunamis, and hurricanes have claimed more than one hundred forty lives and inflicted more than $225,000,000 of direct and indirect damage on Oahu; and
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67	67	WHEREAS, jurisdiction over stream maintenance on Oahu is divided among the State, City and County of Honolulu, and private homeowners and businesses; and
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71	71	WHEREAS, to be effective in maintaining streams and avoid inaction due to divided responsibilities for maintenance, the State and City and County of Honolulu should convene a working group to identify ownership of all streams and, if a stream is under multiple ownership, determine what jurisdiction should be the lead for maintaining the stream; now, therefore,
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75	75	BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate concurring, that the State and City and County of Honolulu are requested to convene a working group to collaborate on multi-jurisdictional stream maintenance; and
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79	79	BT IT FURTHER RESOLVED that the working group is requested to discuss and produce the following relating to multi-jurisdictional stream maintenance:
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83	83	(1) A list of all streams on Oahu, including ownership of and responsibility for each stream;
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87	87	(2) The advantages and disadvantages of private ownership of streams, including whether the working group determines that private ownership is in the best interest of the State, City and County of Honolulu, and communities where the streams are located;
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91	91	(3) If private ownership is determined to be disadvantageous to the community, an evaluation of how stream ownership should be transferred to the State or the City and County of Honolulu;
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95	95	(4) If private ownership is determined to be advantageous to the community, an evaluation of how private stream owners are currently notified of their responsibilities for stream maintenance and how the State and City and County of Honolulu can improve communication regarding stream maintenance and responsibilities of homeowners or other private owners;
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99	99	(5) A list of resources needed to better maintain streams, including the amount of funding and staff needed; and
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103	103	(6) A suggested schedule of maintenance of all streams on Oahu and the corresponding public or private entity that will be responsible for the maintenance of each part of the stream under its responsibility; and
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107	107	BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their respective designees:
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111	111	(1) The Chairperson of the Board of Land and Natural Resources, who is requested to serve as a co-chair of the working group;
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115	115	(2) The Director of the City and County of Honolulu Department of Facility Maintenance, who is requested to serve as a co-chair of the working group;
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119	119	(3) The Assistant Superintendent of the Department of Education Office of Facilities and Operations;
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123	123	(4) Any additional representative from a state department or agency with ownership over streams, to be invited by the working group;
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127	127	(5) Any additional representative from a City and County of Honolulu department or agency with ownership over streams, to be invited by the working group; and
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131	131	(6) Any additional members deemed necessary by the working group; and
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135	135	BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and
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139	139	BE IT FURTHER RESOLVED that the working group should cease to exist on June 30, 2023; and
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143	143	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Acting Superintendent of Education, Mayor of the City and County of Honolulu, and Director of the City and County of Honolulu Department of Facility Maintenance.
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151	151	OFFERED BY: _____________________________
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155	155	OFFERED BY:
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157	157	_____________________________
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163	163	Report Title:
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165	165	State; City and County of Honolulu; Stream Maintenance; Working Group