HB 113: RELATING TO FIRE PREVENTION.

A BILL FOR AN ACT

RELATING TO FIRE PREVENTION.

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

     SECTION 1.  (a)  The department of land and natural resources shall establish and implement a community fuels reduction project to reduce hazardous wildfire fuels on state lands, particularly on lands adjacent to communities.  Where feasible, the community fuels reduction project shall:

     (1)  Reduce hazardous wildfire fuels on the landscape that threaten watersheds, communities, and critical public infrastructure, such as powerlines and communication facilities;

     (2)  Create and maintain effective firebreaks along undeveloped state properties that border a developed parcel, including but not limited to schools and residential and commercial properties, by removing and clearing flammable vegetation and combustible growth from areas within thirty feet of the developed parcel;

     (3)  Reduce flammable grasses on the landscape through projects like managed grazing; and

     (4)  Provide water infrastructure for grazing and fire suppression.

     (b)  The department of land and natural resources shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each year thereafter on progress made toward meeting the requirements of subsection (a).

     SECTION 2.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of land and natural resources' division of forestry and wildlife's community fuels reduction project to support wildfire prevention and hazardous fuel reduction measures pursuant to section 1 of this Act.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 3.  Beginning with fiscal year 2027-2028 and each fiscal year thereafter, the department of land and natural resources shall establish the community fuels reduction project as a separate line item within the department's budget.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; Community Fuels Reduction Project; Report; Budget; Appropriation

Description:

Establishes the Community Fuels Reduction Project to be administered by the Department of Land and Natural Resources.  Requires a report to the Legislature.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO FIRE PREVENTION.

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

PART I

     SECTION 1.  Chapter 132, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132-    Duty of owner to clear brush or vegetation growth.  (a)  Every owner or other person having charge of or control over any building, structure, or other premises located in a hazardous fire area shall:

     (1)  Maintain an effective firebreak by removing and clearing flammable vegetation and combustible growth from areas within thirty feet of the building, structure, or premises; provided that single specimens of trees, ornamental shrubbery, or similar plants used as ground cover that do not rapidly transmit fire need not be removed or cleared;

     (2)  Maintain an effective firebreak by removing and clearing flammable vegetation and combustible growth from areas within one hundred feet of the building, structure, or premises when hazardous conditions cause a firebreak of thirty feet to be insufficient to provide reasonable safety; provided that grass and other vegetation located more than thirty feet from buildings or structures and less than eighteen inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion;

     (3)  Remove portions of trees that extend within ten feet of any chimney outlet of the building or structure;

     (4)  Remove deadwood from trees adjacent to or overhanging the building or structure; and

     (5)  Maintain the roof of the building or structure free of leaves, needles, or other dead vegetative growth.

     (b)  For the purposes of this section, "hazardous fire area" means any geographic area that contains the type and condition of vegetation, topography, weather, and structure density that materially increases the possibility of vegetation conflagration fires."

PART II

     SECTION 2.  (a)  The department of land and natural resources shall establish and implement a community fuels reduction project to reduce hazardous wildfire fuels on State lands, particularly on lands adjacent to communities.  Where feasible, the community fuels reduction project shall:

     (1)  Reduce hazardous wildfire fuels on the landscape that threaten watersheds, communities, and critical public infrastructure such as powerlines and communication facilities;

     (2)  Create and maintain effective firebreaks along undeveloped state properties that border a developed parcel, including but not limited to schools and residential and commercial properties, by removing and clearing flammable vegetation and combustible growth from areas within thirty feet of the developed parcel;

     (3)  Reduce flammable grasses on the landscape through projects like managed grazing; and

     (4)  Provide water infrastructure for grazing and fire suppression.

     (b)  The department of land and natural resources shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each year thereafter on progress made toward meeting the requirements of subsection (a).

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of land and natural resources' division of forestry and wildlife's community fuels reduction project to support wildfire prevention and hazardous fuel reduction measures pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  Beginning with fiscal year 2027-2028 and each fiscal year thereafter, the department of land and natural resources shall establish the community fuels reduction project as a separate line item within the department's budget.

PART III

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval; provided that part II shall take effect on July 1, 2025.

Report Title:

DLNR; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Appropriations

Description:

Requires certain owners and occupants of properties located in hazardous fire areas to maintain effective firebreaks within thirty feet of the property and to practice other fire prevention activities.  Establishes the Community Fuels Reduction Project to be administered by the Department of Land and Natural Resources.  Requires a report to the Legislature.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  32

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 113

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committees on Public Safety and Water & Land, to which was referred H.B. No. 113 entitled:

"A BILL FOR AN ACT RELATING TO FIRE PREVENTION,"

beg leave to report as follows:

     The purpose of this measure is to:

     (1)  Require certain owners and others with charge of or control over properties located in hazardous fire areas to maintain effective firebreaks within thirty feet of the property and to practice other fire prevention activities; and

     (2)  Establish the Community Fuels Reduction Project to be administered by the Department of Land and Natural Resources.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources; a member of the Kauaʻi County Council; Hawaiʻi Climate Advisory Team; Wildfire Safety Advocates of Waikoloa; and three individuals.  Your Committees received comments on this measure from the Department of Education; State Fire Council; Kamehameha Schools; Life of the Land; and one individual.

     Your Committees find that because of Hawaii's many areas of fire vulnerability, it is imperative for the State to be aggressive in public and private efforts to control burnable fuel overgrowth and create effective firebreaks.

     Your Committees have amended this measure by:

     (1)  Deleting part I, which required certain owners and others with charge of or control over properties located in hazardous fire areas to maintain effective firebreaks within thirty feet of the property and to practice other fire prevention activities;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Public Safety and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 113, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 113, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Water & Land,