SB3326

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;

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

(3) Limits liability against Hawaii's utility companies who perform, or who choose not to perform, vegetation management as authorized under this Act.

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; department of land and natural resources; wildfire hazard map. (a) The department of land and natural resources shall create and update annually a single wildfire hazard map identifying 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 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 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 shall trim grasses located on their property to create 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 notify a private or public property owner that their property is in violation of subsection (c), provide the private or public property owner with a description of the condition that violates subsection (c), and provide the private or public property owner with notice that the violation shall be abated within thirty days of when the notice was mailed to the property owner. If the private or public property owner has not abated the violation of subsection (c) within thirty days of the notice being mailed, the department shall issue a fine of $1,000 against the private or public property owner. Each day after the thirty-day period provided by the department's notice that a violation continues shall constitute a separate offense. 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.

(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 elects to trim or remove hazardous vegetation under this subsection 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; provided that the utility company provides the private or public property owner with 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 of the mailing notice,

the utility company shall be entitled to 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 property in question.

(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 without giving notice as provided in subsection (e), the utility company may enter private or public property without notice and may trim or remove the hazardous vegetation. After trimming or removing the hazardous vegetation under this subsection, the utility company shall notify the private or public property owner of the action taken under this subsection within fourteen days of having taken action. 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 property in question.

(g) If a utility company trims or removes hazardous vegetation as provided in 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 under subsection (e), including but not limited to any damage to other vegetation or other property caused in whole or in part by the utility company's actions or omissions, acting by itself or through others. A utility company that enters private or public property pursuant to subsection (f) shall be liable for any negligent act that is a direct cause of damages to other vegetation or other property located on the property in question as a result of trimming or removing the hazardous vegetation, excluding any liability for erosion or land subsidence or other considerations.

(h) A utility company 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 of 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 as provided in 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. 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 Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. 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 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 purposes of this Act.

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

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3326
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII