SB 223: DLNR; Forestry and Wildlife; State Fire Council; State Fire Code; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Appropriations

A BILL FOR AN ACT

RELATING TO FIRE PREVENTION.

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

PART I

     SECTION 1.  Section 185-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§185-1.5[]]  Responsible agency.  (a)  The department shall take measures for the prevention, control, and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves and shall cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of fires on forest, grass, brush, and watershed lands not within the department's fire protection responsibilities described above.

     (b)  The department shall establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves.  The department may perform fuel reduction on lands not set aside to the department."

     SECTION 2.  Section 185-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The administrator shall have the power and duty to:

     (1)  Review and approve plans prepared by the managers;

     (2)  Establish procedures and guidelines for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

     (3)  Establish procedures, guidelines, and conditions for the issuance of burning permits and for determining periods when forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves shall be closed;

     (4)  Close or partially close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, by restricting certain activities when necessary;

     (5)  Summon, when necessary, additional firefighting assistance, equipment, supplies, and materials needed to extinguish fires; [and]

     (6)  Do any act which the manager is empowered to perform under this chapter[.]; and

     (7)  Establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities."

PART II

     SECTION 3.  The state fire council may amend the state fire code to require that every owner or other person having charge of or control over any building, structure, or other premises or any holder of an easement 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.

PART III

     SECTION 4.  (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 each regular session detailing the progress made toward meeting the requirements of subsection (a).

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 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 division of forestry and wildlife of the department of land and natural resources' community fuels reduction project to support wildfire prevention and hazardous fuel reduction measures pursuant to section 4 of this Act.

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

     SECTION 6.  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 IV

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2025.

Report Title:

DLNR; Forestry and Wildlife; State Fire Council; State Fire Code; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Appropriations

Description:

Requires the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves.  Authorizes the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities.  Allows the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties and holders of easements located in hazardous fire areas to maintain effective firebreaks and to practice other fire prevention activities.  Requires the Department of Land and Natural Resources to establish and implement the Community Fuels Reduction Project.  Requires reports to the Legislature.  Appropriates funds.  (CD1)

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.  Section 185-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§185-1.5[]]  Responsible agency.  (a)  The department shall take measures for the prevention, control, and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves and shall cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of fires on forest, grass, brush, and watershed lands not within the department's fire protection responsibilities described above.

     (b)  The department shall establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves.  The department may perform fuel reduction on lands not set aside to the department."

     SECTION 2.  Section 185-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The administrator shall have the power and duty to:

     (1)  Review and approve plans prepared by the managers;

     (2)  Establish procedures and guidelines for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

     (3)  Establish procedures, guidelines, and conditions for the issuance of burning permits and for determining periods when forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves shall be closed;

     (4)  Close or partially close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, by restricting certain activities when necessary;

     (5)  Summon, when necessary, additional firefighting assistance, equipment, supplies, and materials needed to extinguish fires; [and]

     (6)  Do any act which the manager is empowered to perform under this chapter[.]; and

     (7)  Establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities."

     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 part and the establishment of       full-time equivalent (      FTE) positions.

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

PART II

     SECTION 4.  The state fire council may amend the state fire code to require that every owner or other person having charge of or control over any building, structure, or other premises or any holder of an easement 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.

PART III

     SECTION 5.  (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 each regular session detailing the progress made toward meeting the requirements of subsection (a).

     SECTION 6.  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 division of forestry and wildlife of the department of land and natural resources' community fuels reduction project to support wildfire prevention and hazardous fuel reduction measures pursuant to section 5 of this Act.

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

     SECTION 7.  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 IV

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 3000; provided that parts I and III shall take effect on July 1, 2025.

Report Title:

DLNR; Forestry and Wildlife; State Fire Council; State Fire Code; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Appropriations

Description:

Requires the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves.  Authorizes the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities.  Allows the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties and holders of easements located in hazardous fire areas to maintain effective firebreaks 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 reports 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.  Section 185-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§185-1.5[]]  Responsible agency.  (a)  The department shall take measures for the prevention, control, and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves and shall cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of fires on forest, grass, brush, and watershed lands not within the department's fire protection responsibilities described above.

     (b)  The department shall establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves."

     SECTION 2.  Section 185-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The administrator shall have the power and duty to:

     (1)  Review and approve plans prepared by the managers;

     (2)  Establish procedures and guidelines for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

     (3)  Establish procedures, guidelines, and conditions for the issuance of burning permits and for determining periods when forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves shall be closed;

     (4)  Close or partially close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, by restricting certain activities when necessary;

     (5)  Summon, when necessary, additional firefighting assistance, equipment, supplies, and materials needed to extinguish fires; [and]

     (6)  Do any act which the manager is empowered to perform under this chapter[.]; and

     (7)  Establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities."

     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 part and the establishment of       full-time equivalent (      FTE)            positions.

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

PART II

     SECTION 4.  The state fire council shall amend the state fire code to require that 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.

PART III

     SECTION 5.  (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 each regular session detailing the progress made toward meeting the requirements of subsection (a).

     SECTION 6.  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 division of forestry and wildlife of the department of land and natural resources' community fuels reduction project to support wildfire prevention and hazardous fuel reduction measures pursuant to section 5 of this Act.

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

     SECTION 7.  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 IV

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect upon its approval; provided that parts I and III shall take effect on July 1, 2025.

Report Title:

DLNR; Forestry and Wildlife; State Fire Council; State Fire Code; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Appropriations

Description:

Requires the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves.  Authorizes the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities.  Requires the State Fire Council to amend the State Fire Code to require 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 reports to the Legislature.  Appropriates funds.  (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 FIRE PREVENTION.

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

PART I

     SECTION 1.  The state fire council shall amend the state fire code to require that 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.

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 each regular session detailing the 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.  This Act shall take effect upon its approval; provided that part II shall take effect on July 1, 2025.

Report Title:

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

Description:

Requires the State Fire Council to amend the State Fire Code to require 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 reports to the Legislature.  Appropriates funds.  (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 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.

CONFERENCE COMMITTEE REP. NO. 190

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 223

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 223, S.D. 2, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Require the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves;

     (2)  Authorize the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities;

     (3)  Allow the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties and holders of easements located in hazardous fire areas to maintain effective firebreaks and to practice other fire prevention activities;

     (4)  Require the Department of Land and Natural Resources to establish and implement the Community Fuels Reduction Project and submit reports to the Legislature; and

     (5)  Appropriate funds for the Community Fuels Reduction Project.

     Your Committee on Conference finds that as the State's climate is predicted to become hotter and drier, it is essential to maintain effective firebreaks by removing and clearing flammable vegetation and combustible growth from areas near buildings, structures, and other premises.  This measure adopts a proactive approach to fire prevention and mitigation to protect the State's communities from the devastation caused by wildfires.

     Your Committee on Conference has amended this measure by:

     (1)  Deleting language that would have appropriated funds to the Department of Land and Natural Resources to establish positions to support the prevention, control, and extinguishment of wildland fires within forest reserves;

     (2)  Inserting an appropriation amount of $1,000,000 for each year of the fiscal biennium for the Community Fuels Reduction Project to support wildfire prevention and hazardous fuel reduction measures on state lands;

     (3)  Changing the effective date to July 1, 2025; and

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

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 223, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 223, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1915

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 223

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred S.B. No. 223, S.D. 2, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require and appropriate funds for the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves;

     (2)  Authorize the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities;

     (3)  Allow the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties and holders of easements located in hazardous fire areas to maintain effective firebreaks and to practice other fire prevention activities; and

     (4)  Require and appropriate funds for the Department of Land and Natural Resources to establish and implement a Community Fuels Reduction Project to reduce hazardous wildfire fuels on state lands, particularly those adjacent to communities.

     Your Committee received testimony in support of this measure from the Department of Education; Hawaiʻi Forest Industry Association; Ohana Unity Party; and one individual.  Your Committee received comments on this measure from the Department of Land and Natural Resources; Honolulu Fire Department; Life of the Land; and Land Use Research Foundation of Hawaii.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 223, S.D. 2, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  1432

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 223

      S.D. 2

      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 S.B. No. 223, S.D. 2, 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 the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves;

     (2)  Authorize the Administrator of the Division of Forestry and Wildlife of the Department of Land and Natural Resources to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities;

     (3)  Require the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties located in hazardous fire areas to maintain effective firebreaks and to practice other fire prevention activities; and

     (4)  Require the Department of Land and Natural Resources to establish and implement a Community Fuels Reduction Project to reduce hazardous wildfire fuels on state lands, particularly those adjacent to communities.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources.  Your Committees received comments on this measure from the Department of Education and Land Use Research Foundation of Hawaii.

     Your Committees find that adopting strategies and practices to prevent and control wildfires, including establishing firebreaks and reducing hazardous wildfire fuels, will help limit the occurrence and rapid spread of wildfires.  Your Committees further find that this measure takes a proactive approach to protect the State's communities from the devastation caused by wildfires.

     Your Committees have amended this measure by:

     (1)  Authorizing the Department of Land and Natural Resources to perform fuel reduction on lands not set aside to the Department;

     (2)  Allowing, rather than requiring, the State Fire Council to amend the State Fire Code to require that every owner or other person having charge of or control over any building, structure, or other premises or any holder of an easement located in a hazardous fire area to maintain effective firebreaks and to practice other fire prevention activities; and

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion.

Your Committees respectfully request your Committee on Finance, should it deliberate on this measure, to consider appropriating $10,000,000 for the Division of Forestry and Wildlife of the Department of Land and Natural Resources to undertake fire prevention, control, and reduction work statewide.

     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 S.B. No. 223, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 223, S.D. 2, 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,

STAND. COM. REP. NO. 1053

Honolulu, Hawaii

RE:    S.B. No. 223

       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 Judiciary and Ways and Means, to which was referred S.B. No. 223, S.D. 1, entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the State Fire Council to amend the State Fire Code to require 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;

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

     (3)  Require reports to the Legislature; and

     (4)  Appropriate funds.

     Your Committees received comments on this measure from the Department of Land and Natural Resources and Department of Education.

     Your Committees find that drought conditions, catalyzed by climate change, can significantly increase the risk of wildfires and pose a threat to the State's natural environment and surrounding communities.  Your Committees believe that utilizing strategies such as firebreaks and reducing flammable vegetation will help prevent the rapid spread of wildfires.  This measure will take a proactive approach to wildfire prevention to protect the State's communities from devastating natural disasters.

     Your Committees have amended this measure by:

     (1)  Inserting language requiring the Department of Land and Natural Resources to establish an independent program relating to the prevention, control, and extinguishment of wildland fires within forest reserves;

     (2)  Inserting language authorizing the Administrator of Forestry and Wildlife to establish and maintain facilities for the performance of fire protection, fire prevention, pest control, forest and range protection, and enhancement activities;

     (3)  Inserting a blank appropriation amount; and

     (4)  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 Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 223, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 223, S.D. 2.

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

STAND. COM. REP. NO. 378

Honolulu, Hawaii

RE:    S.B. No. 223

       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 Public Safety and Military Affairs, to which was referred S.B. No. 223 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require 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;

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

     (3)  Require the Department of Land and Natural Resources to submit an annual report to the Legislature detailing its progress in reducing hazardous wildfire fuels on state‑owned lands; and

     (4)  Appropriate funds to the Department of Land and Natural Resources to establish the Community Fuels Reduction Project.

     Your Committees received comments on this measure from the Department of the Attorney General, Department of Land and Natural Resources, Department of Education, and Kamehameha Schools.

     Your Committees find that defensible space requirements and efforts to reduce fuel loads can help keep the State's communities safe.  Your Committees further find that the State Fire Council is expected to establish requirements for defensible space in accordance with evidence-based codes and standards.  Accordingly, your Committees also find that the State Fire Council may be better suited to provide guidance to landowners that is grounded in practice.  Your Committees additionally find that the State Fire Council should evaluate and, if necessary, amend provisions of the State Fire Code regarding defensible space requirements.  This measure will ensure that the State's fire prevention and mitigation practices are robust.

     Your Committees note the testimony of the Department of Land and Natural Resources that incorporating the proposed defensible space requirements into the State Fire Code rather than enacting them through statutory law is preferrable since placing the requirements into statute may make it challenging to adjust regulations as needed.

     Your Committees have amended this measure by:

     (1)  Deleting language that would have codified defensible space requirements for properties in hazardous fire areas in statute;

     (2)  Deleting language that would have defined "hazardous fire area";

     (3)  Adding language that requires the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties located in hazardous fire areas to implement certain fire prevention and mitigation practices; and

     (4)  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 Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 223, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 223, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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