SB 2943: DLNR; Vegetation Management; Wildfire Mitigation

THE SENATE	S.B. NO.	2943
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to vegetation management.

 

 

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

 

     SECTION 1.  The legislature finds that the increasing frequency and severity of wildfires threaten public safety, property, critical infrastructure, and the natural environment.  As climate conditions change and drought periods lengthen, it is imperative that the State adopt robust vegetation management standards to mitigate wildfire risks and minimize the frequency and length of power outages caused by inadequate vegetation management.

     The legislature also finds that certain jurisdictions have developed and enforced vegetation management standards that reduce the likelihood of wildfire ignition and spread.  By adopting similar comprehensive vegetation management standards, the State can enhance its wildfire mitigation efforts, thereby protecting public safety, property, and the natural environment.

     Accordingly, the purpose of this Act is to adopt vegetation management standards which include:

     (1)  Mandating that property owners clear flammable vegetation within a specified distance around structures;

     (2)  Requiring that entities responsible for electrical transmission or distribution lines establish and maintain firebreaks around poles and towers supporting critical components, ensuring a minimum clearance to prevent vegetation from contacting electrical equipment;

     (3)  Preventing vegetation from contacting power lines by specifying minimum clearance distances between nearby vegetation and power lines, with greater distances for powerlines with higher voltages;

     (4)  Requiring that electric utilities manage vegetation near power lines and equipment;

     (5)  Imposing penalties on individuals who obstruct emergency personnel, including emergency personnel involved in fire prevention and suppression activities; and

     (6)  Establishing standards for construction and maintenance of overhead electrical lines and inspection requirements for electric distribution and transmission facilities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

VEGETATION MANAGEMENT

     §   -1  Definitions.  For the purposes of this chapter, unless the context otherwise requires:

     "Defensible space" means the area around a structure where vegetation and other flammable materials are managed to create a buffer between a structure and wildland areas, reducing the likelihood that a wildfire will ignite the structure.

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

     "Hazardous vegetation" means any vegetation that, by reason of its proximity to structures, power lines, or other critical infrastructure, or due to its density, dryness, species composition, or lack of maintenance, poses a significant risk of wildfire ignition or spread.

     "Public nuisance" means hazardous vegetation that endangers public safety, obstructs public ways, or creates conditions conducive to wildfire.

     "Utility" means any electric utility company, its electric utility affiliates under chapter 269, and any contractor retained by an electric utility company or its electric utility affiliates to perform work related to the electric utility or its electric utility affiliates.

     "Vegetation management" means the proactive removal, trimming, or maintenance of trees, shrubs, grasses, and other plant materials to reduce fire hazard potential or mitigate the risk of contact with electrical infrastructure.

     §   -2  Vegetation management and public nuisance abatement.  (a)  The existence of hazardous vegetation that may threaten life, property, or the environment through increased wildfire risk is hereby declared a public nuisance subject to abatement.

     (b)  Every property owner, lessee, and occupant shall be responsible for maintaining vegetation to reduce fire hazards.

     (c)  The department shall adopt rules under chapter 91 that:

     (1)  Require the establishment and maintenance of defensible space around structures, ensuring clearance distances in immediate zones;

     (2)  Provide guidance on removing or thinning flammable vegetation, reducing ladder fuels, and maintaining separation between tree canopies; and

     (3)  Prescribe enforcement procedures, including warnings, fines, and the authority of local fire officials or department agents to undertake abatement at the owner's expense if compliance is not met.

     §   -3  Power line hazard reduction and clearances.  (a)  Clearance requirements for utility poles and towers shall be as follows:

     (1)  Utilities operating overhead electrical lines shall establish and maintain a cleared firebreak free of flammable vegetation and other combustible materials around poles, towers, and other structures supporting high-voltage overhead conductors;

     (2)  The firebreak shall be maintained year-round and extend a minimum horizontal radius of at least ten feet from the base of the pole or tower, or a distance deemed necessary by the department to ensure an equivalent level of fire protection; and

     (3)  The firebreak area shall be kept clear of all vegetation that may serve as a potential ignition source, including dry grass, brush, and other combustible materials.

     (b)  Vegetation clearance from conductors shall be as follows:

     (1)  Utilities shall maintain a continuous minimum clearance distance between overhead conductors and any vegetation.  The required clearance distance shall be based on line voltage, local vegetation growth rates, and environmental conditions;

     (2)  At a minimum, utilities shall ensure that vegetation does not encroach within four feet of conductors carrying voltages commonly found in distribution lines, or a greater distance as determined necessary by the department to account for local species growth patterns and weather variability.  Higher-voltage lines shall require proportionally greater clearances; and

     (3)  Vegetation management activities shall be conducted proactively so that anticipated regrowth does not cause encroachment into the required clearance zone before the next scheduled maintenance cycle.  Dead, diseased, or structurally compromised branches or trees that could fall into the clearance zone shall be removed or trimmed accordingly.

     (c)  Year-round maintenance and anticipatory pruning shall be as follows:

     (1)  Clearances described in this section shall be maintained throughout the year; and

     (2)  Utilities shall conduct regular inspections and perform maintenance proactively to prevent vegetation from entering the clearance zones, especially during periods of rapid growth or extreme weather conditions.

     (d)  The department shall adopt rules under chapter 91 as follows that:

     (1)  Specify minimum clearance distances for various voltage classes of overhead lines;

     (2)  Establish standards for pruning, trimming, and removal methods that prioritize vegetation health, habitat preservation, and the prevention of soil erosion while ensuring fire safety; and

     (3)  Coordinate procedures among utilities, private landowners, and government agencies to ensure consistent compliance and rapid response to potential hazards.

     §   -4  Industry safety orders and worker protections.  (a)  The department of labor and industrial relations shall adopt safety rules for vegetation management workers to ensure compliance with chapter 396.

     (b)  Any person or entity that owns, controls, operates, or maintains any electrical transmission or distribution line equal to or greater than six hundred volts shall maintain around and adjacent to any pole or tower that supports a switch, fuse, transformer, lightning arrester, line junction, or dead end or corner pole, a firebreak that consists of a clearing of not less than ten feet in each direction from the outer circumference of the pole or tower; provided that all work subject to sections    –3 and    -4 shall be performed:

     (1)  By a qualified line clearance line clearance tree trimmer or an apprentice trainee 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;

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

     (3)  Under the supervision of a qualified utility arborist.

     (c)  All work performed under this section shall be paid at 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.

     (d)  This section shall not apply to any line used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire or alarm line, other line classified as a communication circuit, or line by the public utilities commission; provided that this section shall apply to any line that is shared on a pole having electrical utility equipment.

     (e)  The department may grant exceptions from the requirements of this section.

     §   -5  Enforcement; liability; private cause of action.  (a)  The department shall enforce this chapter.

     (b)  Utilities and property owners failing to comply with these standards shall be subject to:

     (1)  A fine of not more than $10,000 per violation; and

     (2)  Liability for any damages resulting from wildfires caused by non-compliance.

     (c)  If an entity repeatedly violates this chapter and the department fails to enforce compliance after reasonable notice, affected individuals or organizations may bring a civil action in a court of competent jurisdiction.

     (d)  Plaintiffs may seek injunctive relief to compel compliance with this chapter or recovery of damages for injuries or losses caused by non-compliance and attorneys' fees and costs for successful claims.

     (e)  For the purposes of this section, "repeated violations" means three or more documented violations within a three-year period.

     §   -6  Rules.  The department shall adopt rules under chapter 91 for purposes of this chapter.

     §   -7  Funding; assistance.  The department shall seek federal grants, private partnerships, and other funding opportunities to support the statewide vegetation management program."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

DLNR; Vegetation Management; Wildfire Mitigation

 

Description:

Requires the Department of Land and Natural Resources to establish and enforce vegetation management requirements to prevent wildfires caused by electric utilities.

 

 

 

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