SB2085 HD1

SECTION 1. The legislature finds that in the aftermath of the Lahaina wildfire, six house of representatives interim working groups were established and charged with evaluating specific topics related to the wildfire and making recommendations for appropriate legislative action in the regular session of 2024. The wildfire prevention working group was tasked to identify the causes of wildfires and preventative action that may be taken to reduce the risk of wildfires throughout the State.

The legislature further finds that Hawaii is the only state without a state fire marshal. In 1979, the position of the state fire marshal was abolished and replaced with the state fire council. The state fire council is now composed of the fire chiefs of the four counties, the state aircraft rescue fire fighting unit, and the state protections forester from the department of land and natural resources, division of forestry and wildlife. The state fire council's members serve as non-compensated volunteers as their time allows from their full-time employment. The state fire council has an office staff consisting of two part-time administrative specialists. The legislature further finds that rising global temperatures have increased the risk of fires and dangerous weather conditions in the State and as these risks increase, the State will be better served by having a dedicated state fire marshal.

The purpose of this Act is to enact a recommendation of the wildfire prevention working group that establishes the office of the state fire marshal to direct statewide efforts in preventing and responding to fires throughout the State.

SECTION 2. Chapter 132, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132- Office of the state fire marshal; established. (a) There is established the office of the state fire marshal within the department of labor and industrial relations. The office shall be headed by a state fire marshal, who shall be appointed by the governor without regard to chapters 76 and 89 and shall not be subject to the advice and consent of the senate, to serve for a period of ten years. The state fire council shall submit a list of three nominees to the governor from which the governor shall appoint the state fire marshal. The state fire marshal may hire staff as necessary.

(b) The state fire marshal shall have the qualifications, experience, and expertise in fire safety, prevention, and control necessary to successfully perform the duties of the position.

(1) Propose amendments to the state fire code for review and adoption by the state fire council;

(2) Assist in the investigation of fires when requested by a county;

(3) Conduct inspections of state buildings and facilities to ensure fire safety compliance;

(4) Coordinate with county fire departments and other agencies in promoting fire safety and the efficient deployment of fire operations in the State;

(5) Provide and coordinate public education and awareness on fire safety;

(6) Oversee the training and certification of fire inspectors and investigators in the State;

(7) Maintain records of all fires in the State, including the causes and circumstances;

(8) Administer state-level fire protection training and aid in the establishment of training facilities and programs, including statewide standardization of certification and training levels for firefighters;

(9) Assist in the disbursement of federal grants for fire protection purposes to the counties; and

(10) Perform other duties as necessary or delegated by the state fire council.

(d) In carrying out the state fire marshal's duties pursuant to this section, the state fire marshal may utilize the services of the state fire council advisory committee and administrative staff."

SECTION 3. The state fire council shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature by November 1, 2024. The report shall include the following, at minimum:

(1) An organizational plan, including structure and personnel plan, for the office of the state fire marshal;

(2) A description of the roles and division of responsibilities between the State and the counties, and the office of the state fire marshal and the state fire council, regarding fire prevention and response; and

(3) Proposed operating budget for the office of the state fire marshal.

SECTION 4. 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 2024-2025 for the establishment and operation of the office of the state fire marshal, including the establishment of full-time equivalent ( FTE) administrative staff positions.

The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	2085
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII		H.D. 1