SB 11: DLNR; State Fire Marshal; County Fire Departments; Vegetation Management Program; Public Utility Lines; Wildfire Hazard Map; Hazardous Vegetation; Property Owner Obligations; Utility Company Rights; Fines; Appropriations

A BILL FOR AN ACT

RELATING TO VEGETATION MANAGEMENT NEAR UTILITY LINES.

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

     SECTION 1.  The legislature finds that on August 8, 2023, catastrophic wildfires swept through various communities on Maui.  The wildfires impacted human life, the community, housing, education, the economy, the environment, and the health of Maui residents.  The legislature further finds that a significant issue regarding fire safety is the presence of grasses, trees, and other vegetation adjacent to or under electric utility lines.  Utility companies in Hawaii have miles of utility lines installed throughout the State on private lands, either within or outside established utility easements on public lands, which are often located in the public right of way and mountainous areas of the State.  Recognizing this issue, the legislature proposes to establish a vegetation management program for utility lines within public rights of way and on all public and private lands.

     The purpose of this Act is to reduce wildfire risk by establishing a vegetation management program as it relates to public utility lines that:

     (1)  Defines property owner obligations, which, in limited circumstances will authorize Hawaii's utility companies to either trim or remove hazardous vegetation away from transmission utility lines, distribution utility lines, and service drops, even if the hazardous vegetation is located outside an established easement; and

     (2)  Provides a recovery mechanism to recoup the additional vegetation management costs.

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269-     Vegetation management; utility lines; wildfire hazard map; hazardous vegetation; property owner obligations; utility company rights.  (a)  The department of land and natural resources shall create and annually update a single wildfire hazard map that identifies high-risk, medium-risk, and low-risk wildfire areas in each county.

     (b)  Unless otherwise stated in contractual documents:

     (1)  A utility company shall not be obligated to trim or remove trees and other vegetation located outside of the utility company's easements or outside of a public right of way;

     (2)  Any private and public property owner shall be responsible for the maintenance of their property and shall manage the growth of trees, grasses, and other vegetation located thereon, either within or outside of a utility company's easements, to mitigate the risk of wildfire ignition on or adjacent to the private or public property owner's property;

     (3)  A utility company shall not be considered a private or public property owner solely because it possesses easement rights that cross other private or public properties; and

     (4)  Public entities that own and maintain public rights of way shall be responsible for the maintenance of its public rights of way and shall manage the growth of trees, grasses, and other vegetation located thereon to mitigate the risk of wildfire ignition on or adjacent to public rights of way.

     (c)  From months            to           , each year, any private or public property owner whose property is located in high- and medium-risk fire areas identified pursuant to subsection (a) shall trim grasses located on their property to create:

     (1)  A combustible-free space within twenty-five feet from the edge of any public right of way that is adjacent to or runs through the property; and

     (2)  A combustible-free space within ten feet from any utility line that crosses their property.

     (d)  During the months identified in subsection (c), the office of the state fire marshal, with respect to a violation on state-owned land, or the applicable county fire department, with respect to a violation on privately owned land, may provide a public or private property owner with notice of a violation of subsection (c), a description of the condition that violates subsection (c), and request that the owner abate the violation within thirty days after the notice is mailed to the property owner.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  If the private or public property owner has not abated the violation within thirty days after the notice mailing date, the authority issuing the notice of violation shall issue a fine of $1,000 against the private or public property owner.  Each day after the noticed thirty-day abatement period that a violation continues shall constitute a separate offense.

     (e)  During the months identified in subsection (c), a utility company may trim or remove hazardous vegetation on properties in high- and medium-risk fire areas identified pursuant to subsection (a); provided that in the utility company's reasonable commercial judgment, the hazardous vegetation poses a risk of falling into or interfering with the utility company's utility lines located on private property within or outside of the utility company's easement; provided further that the utility company may trim or remove hazardous vegetation located on public land within or outside of the public right of way.

     A utility company shall have a right of entry to enter private property or public property pursuant to this section.  A utility company that trims or removes vegetation pursuant to this subsection that is located outside of its easement, where no easement exists, or within or outside of a public right of way, shall notify the private or public property owner of the utility company's intent to trim or remove the hazardous vegetation and a general location and description of the hazardous vegetation proposed to be trimmed or removed.  If the private or public property owner:

     (1)  Fails to respond to the utility company's notice of its intent to trim or remove hazardous vegetation located on their property; or

     (2)  Does not abate the hazardous vegetation within thirty days after the notice mailing date,

the utility company may enter the property in question and trim or remove the hazardous vegetation at the private or public property owner's expense.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.

     (f)  If a utility company reasonably determines that hazardous vegetation poses an imminent risk of wildfire ignition and reasonably believes that the hazardous vegetation must be trimmed or removed as soon as feasibly possible, the utility company may enter private or public property after giving forty‑eight hours' notice and may trim or remove the hazardous vegetation.  After trimming or removing the hazardous vegetation pursuant to this subsection, the utility company shall notify the private or public property owner of the action taken within two days of the action taken.  The utility company shall provide the notices required under this subsection by phone call, email, or, if both are unobtainable, certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  All utility companies shall regularly report on the notices issued under this subsection to the public utilities commission on a schedule to be determined by the commission.

     (g)  All work performed under this section shall be paid not less than the prevailing wage rate for a second-step apprentice electrical utility lineman as determined by the director of labor and industrial relations and shall be performed:

     (1)  By a qualified line clearance tree trimmer or an apprentice under the direct supervision and instruction of a qualified line clearance tree trimmer pursuant to 29 C.F.R. section 1910.269 and American National Standards Institute Z133.1 safety standard; or

     (2)  By a journeyman electrical lineman or apprentice under the direct supervision and instruction of a journeyman electrical lineman.

     (h)  For purposes of this section:

     "Department" means the department of land and natural resources.

     "Hazardous vegetation" means any tree or shrub or other vegetation located within or outside of an existing easement or located within or near a public right of way that poses an imminent threat of interfering with or damaging electric utility lines located within or outside an existing easement or within the public right of way.

     "Line clearance tree trimmer" means an individual at least eighteen years of age who has successfully completed a state‑approved line clearance tree trimmer apprenticeship program and who can provide satisfactory evidence of experience in high voltage line clearance tree trimming of at least half a year full-time or its equivalent, but not less than three thousand hours in the trade under the supervision of a journey worker or supervising line clearance tree trimmer.

     "Utility company" means any company operating in the State to provide electricity service and is regulated by the public utilities commission."

     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 purposes 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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on June 1, 2050.

Report Title:

DLNR; State Fire Marshal; County Fire Departments; Vegetation Management Program; Public Utility Lines; Wildfire Hazard Map; Hazardous Vegetation; Property Owner Obligations; Utility Company Rights; Fines; Appropriations

Description:

Requires the Department of Land and Natural Resources to create and annually update a wildfire hazard map.  Requires private and public property owners to trim grasses within certain proximities of public rights of way and utility lines, enforced by the State Fire Marshal as to State-owned land and the applicable county fire department as to privately owned land.  Authorizes electric utility companies to enter private or public property to trim or remove hazardous vegetation.  Appropriates funds.  Effective 6/1/2050.  (SD2)

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 VEGETATION MANAGEMENT NEAR UTILITY LINES.

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

     SECTION 1.  The legislature finds that on August 8, 2023, catastrophic wildfires swept through various communities on Maui.  The wildfires impacted human life, the community, housing, education, the economy, the environment, and the health of Maui residents.  The legislature further finds that a significant issue regarding fire safety is the presence of grasses, trees, and other vegetation adjacent to or under electric utility lines.  Utility companies in Hawaii have miles of utility lines installed throughout the State on private lands, either within or outside established utility easements on public lands, which are often located in the public right of way and mountainous areas of the State.  Recognizing this issue, the legislature proposes to establish a vegetation management program for utility lines within public rights of way and on all public and private lands.

     The purpose of this Act is to reduce wildfire risk by establishing a vegetation management program as it relates to public utility lines that:

     (1)  Defines property owner obligations, which, in limited circumstances will authorize Hawaii's utility companies to either trim or remove hazardous vegetation away from transmission utility lines, distribution utility lines, and service drops, even if the hazardous vegetation is located outside an established easement; and

     (2)  Provides a recovery mechanism to recoup the additional vegetation management costs.

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269-    Vegetation management; utility lines; wildfire hazard map; hazardous vegetation; property owner obligations; utility company rights.  (a)  The department of land and natural resources shall create and annually update a single wildfire hazard map that identifies high-risk, medium-risk, and low-risk wildfire areas in each county.

     (b)  Unless otherwise stated in contractual documents:

     (1)  A utility company shall not be obligated to trim or remove trees and other vegetation located within the utility company's easements or within a public right of way;

     (2)  A utility company shall not be obligated to trim or remove trees and other vegetation located outside of the utility company's easements or outside of a public right of way;

     (3)  Any private and public property owner shall be responsible for the maintenance of their property and shall manage the growth of trees, grasses, and other vegetation located thereon, either within or outside of a utility company's easements, to mitigate the risk of wildfire ignition on or adjacent to the private or public property owner's property;

     (4)  A utility company shall not be considered a private or public property owner solely because it possesses easement rights that cross other private or public properties; and

     (5)  Public entities that own and maintain public rights of way shall be responsible for the maintenance of its public rights of way and shall manage the growth of trees, grasses, and other vegetation located thereon to mitigate the risk of wildfire ignition on or adjacent to public rights of way.

     (c)  From months            to           , each year, any private or public property owner whose property is located in high- and medium-risk fire areas identified pursuant to subsection (a) shall trim grasses located on their property to create:

     (1)  A combustible-free space within twenty-five feet from the edge of any public right of way that is adjacent to or runs through the property; and

     (2)  A combustible-free space within ten feet from any utility line that crosses their property.

     (d)  During the months identified in subsection (c), the department may provide a private or public property owner with notice of a violation of subsection (c), a description of the condition that violates subsection (c), and request that the owner abate the violation within thirty days after the notice is mailed to the property owner.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  If the private or public property owner has not abated the violation within thirty days after the notice mailing date, the department shall issue a fine of $1,000 against the private or public property owner.  Each day after the noticed thirty-day abatement period that a violation continues shall constitute a separate offense.

     (e)  During the months identified in subsection (c), a utility company may trim or remove hazardous vegetation on properties in high- and medium-risk fire areas identified pursuant to subsection (a); provided that in the utility company's reasonable commercial judgment, the hazardous vegetation poses a risk of falling into or interfering with the utility company's utility lines located on private property within or outside of the utility company's easement; provided further that the utility company may trim or remove hazardous vegetation located on public land within or outside of the public right of way.

     A utility company shall have a right of entry to enter private property or public property pursuant to this section.  A utility company that trims or removes vegetation pursuant to this subsection that is located outside of its easement, where no easement exists, or within or outside of a public right of way, shall notify the private or public property owner of the utility company's intent to trim or remove the hazardous vegetation and a general location and description of the hazardous vegetation proposed to be trimmed or removed.  If the private or public property owner:

     (1)  Fails to respond to the utility company's notice of its intent to trim or remove hazardous vegetation located on their property; or

     (2)  Does not abate the hazardous vegetation within thirty days after the notice mailing date,

the utility company may enter the property in question and trim or remove the hazardous vegetation at the private or public property owner's expense.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.

     (f)  If a utility company reasonably determines that hazardous vegetation poses an imminent risk of wildfire ignition and reasonably believes that the hazardous vegetation must be trimmed or removed as soon as feasibly possible, the utility company may enter private or public property after giving forty-eight hours' notice and may trim or remove the hazardous vegetation.  After trimming or removing the hazardous vegetation pursuant to this subsection, the utility company shall notify the private or public property owner of the action taken within two days of the action taken.  The utility company shall provide the notices required under this subsection by phone call, email, or, if both are unobtainable, certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  All utility companies shall regularly report on the notices issued under this subsection to the public utilities commission on a schedule to be determined by the commission.

     (g)  If a utility company trims or removes hazardous vegetation pursuant to subsection (e), the utility company shall be immune from any liability arising from the utility company's performance, either by itself or through others, of any work authorized pursuant to subsection (e), including but not limited to any damage caused to other vegetation or property caused in whole or in part by the utility company's actions, acting by itself or through others.

     (h)  A utility shall not be liable for any failure to determine the existence of hazardous vegetation on private or public property that is located within or outside the utility company's easements or within or outside a public right of way.  A utility company that does not trim or remove hazardous vegetation pursuant to subsections (e) and (f) shall be immune from any liability associated with the utility company's decision to refrain from doing so.

     (i)  For purposes of this section:

     "Department" means the department of land and natural resources.

     "Hazardous vegetation" means any tree or shrub or other vegetation located within or outside of an existing easement or located within or near a public right of way that poses an imminent threat of interfering with or damaging electric utility lines located within or outside an existing easement or within the public right of way.

     "Utility company" means any company operating in the State to provide electricity service and is regulated by the public utilities commission."

     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 purposes 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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on June 1, 2050.

Report Title:

DLNR; Vegetation Management Program; Public Utility Lines; Wildfire Hazard Map; Hazardous Vegetation; Property Owner Obligations; Utility Company Rights; Fines; Appropriations

Description:

Requires the Department of Land and Natural Resources to create and annually update a wildfire hazard map.  Requires private and public property owners to trim grasses within certain proximities of public rights of way and utility lines.  Authorizes electric utility companies to enter private or public property to trim or remove hazardous vegetation.  Exempts electric utility companies from liability for certain damages to other vegetation and property caused during the removal of hazardous vegetation.  Appropriates funds.  Effective 6/1/2050.  (SD1)

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 vegetation management near utility lines.

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

     SECTION 1.  The legislature finds that on August 8, 2023, catastrophic wildfires swept through various communities on Maui.  The wildfires impacted human life, the community, housing, education, the economy, the environment, and the health of Maui residents.  The legislature further finds that a significant issue regarding fire safety is the presence of grasses, trees, and other vegetation adjacent to or under electric utility lines.  Utility companies in Hawaii have miles of utility lines installed throughout the State on private lands, either within or outside established utility easements on public lands, which are often located in the public right of way and mountainous areas of the State.  Recognizing this issue, the legislature proposes to establish a vegetation management program for utility lines within public rights of way and on all public and private lands.

     The purpose of this Act is to reduce wildfire risk by establishing a vegetation management program as it relates to public utility lines that:

     (1)  Defines property owner obligations, which, in limited circumstances will authorize Hawaii's utility companies to either trim or remove hazardous vegetation away from transmission utility lines, distribution utility lines, and service drops, even if the hazardous vegetation is located outside an established easement; and

     (2)  Provides a recovery mechanism to recoup the additional vegetation management costs.

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269-    Vegetation management; utility lines; wildfire hazard map; hazardous vegetation; property owner obligations; utility company rights.  (a)  The department of land and natural resources shall create and annually update a single wildfire hazard map that identifies high-risk, medium-risk, and low-risk wildfire areas in each county.

     (b)  Unless otherwise stated in contractual documents:

     (1)  A utility company shall not be obligated to trim or remove trees and other vegetation located within the utility company's easements or within a public right of way;

     (2)  A utility company shall not be obligated to trim or remove trees and other vegetation located outside of the utility company's easements or outside of a public right of way;

     (3)  Any private and public property owner shall be responsible for the maintenance of their property and shall manage the growth of trees, grasses, and other vegetation located thereon, either within or outside of a utility company's easements, to mitigate the risk of wildfire ignition on or adjacent to the private or public property owner's property;

     (4)  A utility company shall not be considered a private or public property owner solely because it possesses easement rights that cross other private or public properties; and

     (5)  Public entities that own and maintain public rights of way shall be responsible for the maintenance of its public rights of way and shall manage the growth of trees, grasses, and other vegetation located thereon to mitigate the risk of wildfire ignition on or adjacent to public rights of way.

     (c)  From months            to           , each year, any private or public property owner whose property is located in high- and medium-risk fire areas identified pursuant to subsection (a) shall trim grasses located on their property to create:

     (1)  A combustible-free space within twenty-five feet from the edge of any public right of way that is adjacent to or runs through the property; and

     (2)  A combustible-free space within ten feet from any utility line that crosses their property.

     (d)  During the months identified in subsection (c), the department may provide a private or public property owner with notice of a violation of subsection (c), a description of the condition that violates subsection (c), and request that the owner abate the violation within thirty days after the notice is mailed to the property owner.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  If the private or public property owner has not abated the violation within thirty days after the notice mailing date, the department shall issue a fine of $1,000 against the private or public property owner.  Each day after the noticed thirty-day abatement period that a violation continues shall constitute a separate offense. 

     (e)  During the months identified in subsection (c), a utility company may trim or remove hazardous vegetation on properties in high- and medium-risk fire areas identified pursuant to subsection (a); provided that in the utility company's reasonable commercial judgment, the hazardous vegetation poses a risk of falling into or interfering with the utility company's utility lines located on private property within or outside of the utility company's easement; provided further that the utility company may trim or remove hazardous vegetation located on public land within or outside of the public right of way. 

     A utility company shall have a right of entry to enter private property or public property pursuant to this section.  A utility company that trims or removes vegetation pursuant to this subsection that is located outside of its easement, where no easement exists, or within or outside of a public right of way, shall notify the private or public property owner of the utility company's intent to trim or remove the hazardous vegetation and a general location and description of the hazardous vegetation proposed to be trimmed or removed.  If the private or public property owner:

     (1)  Fails to respond to the utility company's notice of its intent to trim or remove hazardous vegetation located on their property; or

     (2)  Does not abate the hazardous vegetation within thirty days after the notice mailing date,

the utility company may enter the property in question and trim or remove the hazardous vegetation at the private or public property owner's expense.  The notice provided under this subsection shall be sent by certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.

     (f)  If a utility company reasonably determines that hazardous vegetation poses an imminent risk of wildfire ignition and reasonably believes that the hazardous vegetation must be trimmed or removed as soon as feasibly possible, the utility company may enter private or public property after giving forty-eight hours' notice and may trim or remove the hazardous vegetation.  After trimming or removing the hazardous vegetation pursuant to this subsection, the utility company shall notify the private or public property owner of the action taken within two days of the action taken.  The utility company shall provide the notices required under this subsection by phone call, email, or, if both are unobtainable, certified mail to the last known address of the private or public property owner identified on public land records associated with the subject property.  All utility companies shall regularly report on the notices issued under this subsection to the public utilities commission on a schedule to be determined by the commission.

     (g)  For purposes of this section:

     "Department" means the department of land and natural resources.

     "Hazardous vegetation" means any tree or shrub or other vegetation located within or outside of an existing easement or located within or near a public right of way that poses an imminent threat of interfering with or damaging electric utility lines located within or outside an existing easement or within the public right of way.

     "Utility company" means any company operating in the State to provide electricity service and is regulated by the public utilities commission."

     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 purposes 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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

Vegetation Management Program; Public Utility Lines; DLNR; Wildfire Hazard Map; Hazardous Vegetation; Property Owner Obligations; Utility Company Rights; Fines; Appropriations

Description:

Requires the Department of Land and Natural Resources to create and annually update a wildfire hazard map.  Requires private and public property owners to trim grasses within certain proximities of public rights of way and utility lines.  Authorizes electric utility companies to enter private or public property to trim or remove hazardous vegetation.  Makes appropriations. 

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. 1004

Honolulu, Hawaii

RE:    S.B. No. 11

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 11, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VEGETATION MANAGEMENT NEAR UTILITY LINES,"

beg leave to report as follows:

     The purpose and intent of this measure is to address vegetation management near utility lines.

     Specifically, this measure:

     (1)  Requires the Department of Land and Natural Resources to:

          (A)  Create and update a wildfire hazard map for the State that identifies wild-fire risks on private and public land; and

          (B)  Notify property owners and enforce requirements regarding hazardous vegetation control within utility easements located in certain risk areas;

     (2)  Requires public and private landowners to trim hazardous vegetation on their land near utility lines and public rights-of-way on the property;

     (3)  Establishes that a utility is not responsible or obligated to trim or remove trees and other vegetation located within or outside the utility's easements or a public right of way;

     (4)  Establishes that it is the public or private property owner's responsibility to maintain the areas in and around a utility's easement; and

     (5)  Authorizes a public utility to enter public or private property to trim or remove hazardous vegetation and relieves the utility of any liability for the utility's actions in doing so.

     Your Committees received written comments in support of this measure from the Climate Change and Health Working Group, Hawaiian Electric, IBEW Local 1260, Kauai Island Utility Cooperative, Lahaina Strong, and twenty-two individuals.

     Your Committees received written comments in opposition to this measure from the Hawaii Association for Justice.

     Your Committees received written comments on this measure from the Department of Commerce and Consumer Affairs, Department of Land and Natural Resources, and Public Utilities Commission.

     Your Committees find that in the aftermath of the devastating 2023 wildfires on Maui, wildfire mitigation is of utmost importance to prevent further widespread destruction and loss.  Your Committees further find that trimming and removing grasses, trees, and other vegetation near utility lines is key to wildfire mitigation efforts.  This measure offers a program for vegetation management near utility lines and mechanisms to ensure enforcement of the required actions.

     Your Committees have amended this measure to improve enforcement and ensure minimum safety standards for work near utility lines by:

     (1)  Assigning enforcement responsibilities to the Office of the State Fire Marshal or county fire departments based on whether the violation is on state-owned or private land;

     (2)  Deleting language absolving a utility company's obligation to remove vegetation located within the utility company's easement or public right of way;

     (3)  Deleting language immunizing a utility company from liability for trimming or removing hazardous vegetation under certain conditions;

     (4)  Deleting language immunizing a utility company from liability for failure to determine the existence of hazardous vegetation; and

     (5)  Adding professional qualifications and wage requirements relating to hazardous vegetation removal performed under the measure.

     As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 11, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 11, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

STAND. COM. REP. NO. 617

Honolulu, Hawaii

RE:    S.B. No. 11

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Water and Land and Commerce and Consumer Protection, to which was referred S.B. No. 11 entitled:

"A BILL FOR AN ACT RELATING TO VEGETATION MANAGEMENT NEAR UTILITY LINES,"

beg leave to report as follows:

     The purpose and intent of this measure is to reduce wildfire risk by establishing a vegetation management program as it relates to public utility lines that:

     (1)  Defines property owner obligations, which in limited circumstances will authorize the State's utility companies to either trim or remove hazardous vegetation away from transmission utility lines, distribution utility lines, and service drops, even if the hazardous vegetation is located outside an established easement; and

            (2)  Provides a recovery mechanism to recoup the additional vegetation management costs.

     Your Committees received testimony in support of this measure from the Hawaiʻi Climate Advisory Team, International Brotherhood of Electrical Workers Local 1260, Hawaiian Electric, and Lāhainā Strong.

     Your Committees received testimony in opposition to this measure from the National Association of Mutual Insurance Companies.

     Your Committees received comments on this measure from the Department of Land and Natural Resources, Division of Consumer Advocacy of the Department of Commerce and Consumer Affairs, Public Utilities Commission, Kauaʻi Island Utility Cooperative, and Kamehameha Schools.

     Your Committees have amended this measure by:

     (1)  Inserting language that exempts a utility company from any liability arising from its performance including any damage caused to other vegetation or property by the utility company while trimming or removing hazardous vegetation on a private or public property owner's land;

     (2)  Inserting language that exempts a utility company from any liability for any failure to determine the existence of hazardous vegetation on private or public property;

     (3)  Inserting language that exempts a utility company from liability if the utility company refrains from trimming or removing hazardous vegetation;

     (4)  Inserting an effective date of June 1, 2050, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Water and Land and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 11, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 11, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Commerce and Consumer Protection,