SCR 149: requesting the office of the state fire marshal to convene a vegetation management working group to study, evaluate, and make recommendations for REGULATIONS that define the respective obligations of property owners, lessees, licensees, permittees, and holders of easements for access, utility, or other purposes, for vegetation management on public and private property TO MITIGATE wildfire RISK, and make recommendations that define a line clearance tree trimmer and establish minimum safety standards, training, and qualifications for individuals performing line clearance tree trimming at or near electric utility facilities.

SENATE CONCURRENT

RESOLUTION

requesting the office of the state fire marshal to convene a vegetation management working group to study, evaluate, and make recommendations for REGULATIONS that define the respective obligations of property owners, lessees, licensees, permittees, and holders of easements for access, utility, or other purposes, for vegetation management on public and private property TO MITIGATE wildfire RISK, and make recommendations that define a line clearance tree trimmer and establish minimum safety standards, training, and qualifications for individuals performing line clearance tree trimming at or near electric utility facilities.

     WHEREAS, on August 8, 2023, catastrophic wildfires swept through various communities on the island of Maui; and

     WHEREAS, the wildfires significantly impacted human life and the health, community housing, education, economy, and environment of Maui residents; and

     WHEREAS, the presence of grass, trees, and other vegetation adjacent to or under electric utility lines is a significant fire risk; and

     WHEREAS, in response to the wildfires, in 2023 the House of Representatives established six interim working groups, including the Wildfire Prevention Working Group, which were charged with evaluating specific topics related to the Lahaina wildfire and making recommendations for specific legislative action; and

     WHEREAS, the Wildfire Prevention Working Group found that people are the primary drivers of wildfires in Hawaii, as ninety-nine percent of wildfires are caused by human ignitions; and

     WHEREAS, the Wildfire Prevention Working Group also found that guinea grass, fountain grass, molasses grass, and buffelgrass can form continuous fuel beds, ignite easily, attain extremely high fine fuel loads, and grow back more vigorously in the post-fire environment than the majority of native vegetation; and

     WHEREAS, utility companies have miles of utility lines installed throughout the State on public and private lands, including within the public rights of way and mountainous areas of the State; and

     WHEREAS, a significant portion of these public lands is covered with unmanaged grasses, trees, and other vegetation that may pose a significant wildfire risk; and

     WHEREAS, the Bureau of Labor Statistics has reported that the tree industry average annual fatal-incident rate is thirty times greater than the all-industry average annual fatal‑incident rate; and

     WHEREAS, the Legislature recognizes that other state jurisdictions have recognized the additional hazard presented to individuals performing line clearance tree trimming at or near electric utility facilities and have adopted state law requiring minimum safety standards, training, and qualifications for individuals performing such work; and

     WHEREAS, additional study into appropriate vegetation management will enable the State to develop appropriate policies, regulations, and guidance for the parties responsible for the management of vegetation on public and private lands to mitigate wildfire risk and establish minimum safety standards, training, and qualifications for individuals performing line clearance tree trimming at or near electric utility facilities; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Office of the State Fire Marshal is requested to convene a Vegetation Management Working Group (Working Group) to study, evaluate, and make recommendations for regulations that define the respective obligations of property owners, lessees, licensees, permittees, and holders of easements for access, utility, or other purposes, for vegetation management on public and private property to mitigate wildfire risk, and make recommendations that define a line clearance tree trimmer and establish minimum safety standards, training, and qualifications for individuals performing line clearance tree trimming at or near electric utility facilities; and

     BE IT FURTHER RESOLVED that in its review of vegetation management, the Working Group is requested to consider the following:

     (1)  Wildfire risk mitigation actions being proposed as part of the Hawaiian Electric Company's Climate Adaptation Transmission and Distribution and Resilience Program and Wildfire Safety Strategy filed with the Public Utilities Commission as Docket No. 2022-0135 and Docket No. 2025-0156, respectively; and

     (2)  The hazard mitigation plans of electric utilities, including the Kauai Island Utility Cooperative, filed with the Public Utilities Commission as part of a non‑docketed proceeding under Case No. 2023-04661 in response to Public Utilities Commission Order No. 40396; and

     BE IT FURTHER RESOLVED that the Working Group is requested to include the following members:

     (1)  The State Fire Marshal, or the Adjutant General's designee, who is requested to serve as the chairperson of the Working Group;

     (2)  The Director of Transportation, or the Director's designee;

     (3)  The Chairperson of the Department of Land and Natural Resources, or the Chairperson's designee;

     (4)  The Superintendent of Education, or the Superintendent's designee;

     (5)  The Chairperson of the Public Utilities Commission, or the Chairperson's designee;

     (6)  A representative of the Department of Commerce and Consumer Affairs' Division of Consumer Advocacy with experience in matters related to regulated public utilities, to be appointed by the Director of Commerce and Consumer Affairs;

     (7)  A representative of the Hawaii Invasive Species Council;

     (8)  A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives;

     (9)  A member of the Senate, to be appointed by the President of the Senate; and

    (10)  The mayor of each county, or the mayor's designee; and

     BE IT FURTHER RESOLVED that the Working Group is requested to invite the following individuals to be members of the Working Group:

     (1)  A representative of a cooperative electric utility;

     (2)  A representative of an investor-owned electric utility;

     (3)  A representative of the International Brotherhood of Electrical Workers, Local 1260; and

     (4)  A landowner that owns more than one thousand acres of land in the State; and

     BE IT FURTHER RESOLVED that the Working Group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that the Department of Defense is requested to provide administrative support to the Working Group, including drafting of the report; and

     BE IT FURTHER RESOLVED that the Working Group is requested to dissolve on June 30, 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Adjutant General of the Department of Defense; Director of Transportation; Superintendent of Education; Chairperson of the Department of Land and Natural Resources; Director of Commerce and Consumer Affairs; Chairperson of the Public Utilities Commission, who is requested to transmit copies of this Concurrent Resolution to all regulated telecommunications carriers; Mayors of the Counties of Maui, Kauai, and Hawaii and Mayor of the City and County of Honolulu; President and Chief Executive Officer of the Hawaiian Electric Company, Inc.; Chairperson of the Board of Directors of the Kauai Island Utility Cooperative; and President of the International Brotherhood of Electrical Workers, Local Union 1260.  

Report Title: 

Wildfires; Vegetation Management Working Group

SENATE CONCURRENT

RESOLUTION

requesting the office of the state fire marshal to convene a vegetation management working group to study, evaluate, and make recommendations for REGULATIONS that define property owner obligations for vegetation management on public and private property TO MITIGATE wildfire RISK.

     WHEREAS, on August 8, 2023, catastrophic wildfires swept through various communities on the island of Maui; and

     WHEREAS, the wildfires significantly impacted human life and the health, community housing, education, economy, and environment of Maui residents; and

     WHEREAS, the presence of grass, trees, and other vegetation adjacent to or under electric utility lines is a significant fire risk; and

     WHEREAS, in response to the wildfires, in 2023 the House of Representatives established six interim working groups, including the Wildfire Prevention Working Group, which were charged with evaluating specific topics related to the Lahaina wildfire and making recommendations for specific legislative action; and

     WHEREAS, the Wildfire Prevention Working Group found that people are the primary drivers of wildfires in Hawaii, as ninety-nine percent of wildfires are caused by human ignitions; and

     WHEREAS, the Wildfire Prevention Working Group also found that guinea grass, fountain grass, molasses grass, and buffelgrass can form continuous fuel beds, ignite easily, attain extremely high fine fuel loads, and grow back more vigorously in the post-fire environment than the majority of native vegetation; and

     WHEREAS, utility companies have miles of utility lines installed throughout the State on public and private lands, including within the public rights of way and mountainous areas of the State; and

     WHEREAS, a significant portion of these public lands is covered with unmanaged grasses, trees, and other vegetation that may pose a significant wildfire risk; and

     WHEREAS, additional study into appropriate vegetation management will enable the State to develop appropriate policies, regulations, and guidance for the parties responsible for the management of vegetation on public and private lands to mitigate wildfire risk; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Office of the State Fire Marshal is requested to convene a Vegetation Management Working Group (Working Group) to study, evaluate, and make recommendations for regulations that define property owner obligations for vegetation management on public and private property to mitigate wildfire risk; and

     BE IT FURTHER RESOLVED that in its review of vegetation management, the Working Group is requested to consider the following:

     (1)  Wildfire risk mitigation actions being proposed as part of the Hawaiian Electric Company's Climate Adaptation Transmission and Distribution and Resilience Program and Wildfire Safety Strategy filed with the Public Utilities Commission as Docket No. 2022-0135 and Docket No. 2025-0156, respectively; and

     (2)  The hazard mitigation plans of electric utilities, including the Kauai Island Utility Cooperative, filed with the Public Utilities Commission as part of a non-docketed proceeding under Case No. 2023-04661 in response to Public Utilities Commission Order No. 40396; and

     BE IT FURTHER RESOLVED that the Working Group is requested to include the following members:

     (1)  The State Fire Marshal, or the Director of Labor and Industrial Relations' designee, who is requested to serve as the chairperson of the Working Group;

     (2)  The Director of Transportation, or the Director's designee;

     (3)  The Chairperson of the Public Utilities Commission, or the Chairperson's designee;

     (4)  A representative of the Department of Commerce and Consumer Affairs' Division of Consumer Advocacy with experience in matters related to regulated public utilities, to be appointed by the Director of Commerce and Consumer Affairs;

     (5)  A representative of the Hawaii Invasive Species Council;

     (6)  A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives;

     (7)  A member of the Senate, to be appointed by the President of the Senate; and

     (8)  The mayor of each county, or the mayor's designee; and

     BE IT FURTHER RESOLVED that the Working Group is requested to invite the following individuals to be members of the Working Group:

     (1)  A representative of a cooperative electric utility;

     (2)  A representative of an investor-owned electric utility;

     (3)  A representative of a telecommunications carrier;

     (4)  A representative of the International Brotherhood of Electrical Workers, Local 1260; and

     (5)  A landowner that owns more than one thousand acres of land in the State; and

     BE IT FURTHER RESOLVED that the Working Group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that the Department of Labor and Industrial Relations is requested to provide administrative support to the Working Group, including drafting of the report; and

     BE IT FURTHER RESOLVED that the Working Group is requested to dissolve on June 30, 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Labor and Industrial Relations; Director of Transportation; Director of Commerce and Consumer Affairs; Chairperson of the Public Utilities Commission, who is requested to transmit copies of this Concurrent Resolution to all regulated telecommunications carriers; Mayors of the Counties of Maui, Kauai, and Hawaii and Mayor of the City and County of Honolulu; President and Chief Executive Officer of the Hawaiian Electric Company, Inc.; Chairperson of the Board of Directors of the Kauai Island Utility Cooperative; and President of the International Brotherhood of Electrical Workers, Local Union 1260.

Report Title: 

Wildfires; Vegetation Management Working Group

STAND. COM. REP. NO. 1551

Honolulu, Hawaii

RE:    S.C.R. No. 149

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.C.R. No. 149 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE OFFICE OF THE STATE FIRE MARSHAL TO CONVENE A VEGETATION MANAGEMENT WORKING GROUP TO STUDY, EVALUATE, AND MAKE RECOMMENDATIONS FOR REGULATIONS THAT DEFINE PROPERTY OWNER OBLIGATIONS FOR VEGETATION MANAGEMENT ON PUBLIC AND PRIVATE PROPERTY TO MITIGATE WILDFIRE RISK,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Office of the State Fire Marshal to convene a Vegetation Management Working Group to study, evaluate, and make recommendations for regulations that define property owner obligations for vegetation management on public and private property to mitigate wildfire risk.  

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Department of Land and Natural Resources, Public Utilities Commission, Hawaiian Electric, International Brotherhood of Electrical Workers Local Union 1260, and Kamehameha Schools.

     Your Committee received testimony in opposition to this measure from Life of the Land.

     Your Committee received comments on this measure from the Department of Labor and Industrial Relations and Hawaiian Telcom.

     Your Committee finds that the tragedy and devastation of the 2023 Maui wildfires underscored the urgent need for comprehensive vegetation management in the State to prevent another disaster from occurring.  Vegetation management, including the creation of firebreaks and the removal of buildup of flammable vegetation, is essential for the mitigation of wildfire risks and the promotion of safer conditions for the community and the environment.  Accordingly, this measure requests the convening of a Vegetation Management Working Group (Working Group) to address the wildfire risks posed by uncontrolled vegetation growth near electric utility lines in the State by analyzing and making recommendations on the responsibilities of the owners of the property upon which the uncontrolled vegetation exists.  Your Committee requests that as a part of this analysis, the Working Group review the practices of other states, including Washington and Oregon. 

     Your Committee has amended this measure by:

     (1)  Clarifying that the Working Group is requested to study, evaluate, and make recommendations for regulations that define the respected obligations of property owners, lessees, licensees, permittees, and holders of easements for access, utility, or other purposes;

     (2)  Clarifying that the Working Group is requested to make recommendations that define a line clearance tree trimmer and establish minimum safety standards, training, and qualifications for individuals performing line clearance tree trimming at or near electric utility facilities;

     (3)  Removing the Director of Labor and Industrial Relations as an alternative to the State Fire Marshal as the chairperson of the Working Group and replacing them with the Adjutant General;

     (4)  Adding the Superintendent of Education, or the Superintendent's designee, to the Working Group;

     (5)  Adding the Chairperson of the Department of Land and Natural Resources, or the Chairperson's designee, to the Working Group;

     (6)  Removing a representative of a telecommunications carrier from the list of entities invited to participate in the Working Group;

     (7)  Clarifying that the Department of Defense rather that the Department of Labor and Industrial Relations is requested to provide administrative support to the Working Group;

     (8)  Amending the transmittal list of recipients of certified copies of this measure accordingly;

     (9)  Adding legislative findings;

    (10)  Amending the title of the measure accordingly; and

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

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 149, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 149, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,