HB1501

SECTION 1. Chapter 58, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"§58-A Definitions. As used in this chapter:

"County arborist advisory committee" means a county-level arborist advisory committee established pursuant to section 58-2 and tasked with overseeing exceptional tree nominations and related matters within its respective county.

"Exceptional tree" means a tree, stand, or grove of trees that has been designated by a county arborist advisory committee as worthy of preservation and comprises one or more of the exceptional tree selection criteria pursuant to section 58-B. Exceptional trees may be designated generally by biotaxy or individually by location or class.

"Significant tree" means a tree designated pursuant to section 58-C under a tier two classification that exhibits the same selection criteria pursuant to section 58-B, but to a lesser degree than an exceptional tree. The distinction between exceptional and significant trees shall be made by a county arborist advisory committee.

"State committee" means the state-level arborist advisory committee established pursuant to section 58-D.

§58-B Exceptional tree selection criteria. A county arborist advisory committee shall utilize the following base criteria to designate exceptional trees:

(1) Age.

(A) Non-specific age. Age is used for the designation of an exceptional tree without listing a specific minimum threshold value.

(B) Specifies-specific age. Age thresholds to achieve exceptional status are determined by species to account for the varying longevity of different species.

(2) Aesthetics. A visually impressive tree that stands out from others in the area. Exceptional trees with this characteristic often add an awe-inspiring component to the landscape, including unique size, age, and form features.

(3) Benefits.

(A) Ecological value. A tree that provides significant benefits to organisms in the surrounding environment.

(B) Significant environmental value. A tree that provides significant environmental benefits, including ecosystem services such as carbon sequestration, stormwater runoff avoidance, erosion reduction, shading, pollutant removal, and urban heat island effect reduction.

(C) Sociocultural benefits. A tree that provides significant sociocultural benefits in the form of cultural ecosystem services, including place‑based knowledge and education and promotion of physical or mental well-being.

(D) Economic benefits. A tree that provides significant economic benefits to a geographic region, especially through ecotourism.

(4) Botanical and biological value.

(A) Botanical and biological value. A tree that has unique or exceptional botanical, horticultural, arboricultural, or biological value. These trees are often a valuable source for future propagation efforts due to their genetic components.

(B) Endangered. A tree that is valued based on its endangered status worldwide.

(D) Species significance. A specific species of tree that is deemed to be of importance for a given county's area.

(E) Seed source or propagation stock. A tree that is an important source of seed or propagation stock.

(F) Resistant to disease or climate conditions. A tree that is valued for its ability to resist disease or withstand exposure to harsh climate conditions. Includes trees that are better adapted to climate change, especially trees that also provide sociocultural benefits.

(G) Endemic status. An endemic tree species in the State; provided that trees nominated because of endemic status shall also represent at least one other exceptional tree criterion to be considered for exceptional tree status.

(5) Cultural value.

(A) Indigenous cultural associations. A tree of importance to an indigenous culture or associated with an indigenous event.

(B) Local significance. A tree that is locally known as a key fixture of a community. A tree is locally significant if its removal would negatively impact the community through a change in aesthetics or a loss of iconic natural structure.

(C) Cultural value. A tree that represents a wide range of cultural aspects and values that benefit a community or specific culture. Includes an association with past and current groups and a tree that provides a sense of place for those in a local community or acts as a fundamental component of a community's identity.

(D) Social or community value. A well-known tree that is prominent in the community and provides a connection for those who interact with it.

(E) National interest. A tree with a characteristic so important that it is considered a vital component of the State's cultural or conservation goals.

(F) Religious or spiritual value. A tree that is associated with religious or spiritual practices.

(G) Legends and oral histories. A tree that is specifically associated with a legend or oral history. This criterion may be met through depictions in stories, songs, or dances.

(H) Productive trees. A tree that was planted or preserved due to its use as a culturally important resource.

(6) Form, structure, or morphology.

(A) Outstanding example of a species. An exemplary tree that represents the optimal form of a species.

(B) Form, structure, or morphology. A tree that displays an iconic physical appearance, unusual physical growth, or other characteristics that set it apart from other trees.

(7) Historical value.

(A) Remnant. A tree that represents the characteristics of a previously significant era or the work of a master artist or that possesses high artistic values. Includes tree lined avenues that demonstrate historically unique landscaping designs.

(B) Historical value. A tree that is associated with a historical place, event, or date that made a lasting and important contribution to an area.

(C) Historic person or memorial planting. A tree that was planted, for, by, or in association with a historically significant person. A tree may also receive this distinction if it was planted to commemorate an event, group, or institution of importance.

(D) Represented in historical documents. A tree that is referenced or visually depicted in historical documents.

(E) Historical witness. A tree that witnessed an important historical or cultural event. Includes a tree that is located at the site of a notable event or was part of the event.

(8) Landmark.

(A) Landmark or landscape. A tree that is visually dominant in the landscape and contributes aesthetically to the local area. A landmark tree may also be associated with and represent historical events. A tree meets this criterion if its removal would have a drastic, negative impact on the local area.

(B) Relic specimen. A tree that is a relic of a former ecosystem.

(C) Collection, grove, or avenue. A grove, avenue, or alley of trees that are grouped together to provide an exceptional example of the species.

(9) Size.

(A) Champion size, cumulative points. A tree that the has the greatest point total for its species in a county arborist advisory committee's geographic region based on girth, height, and crown spread. A county arborist advisory committee may determine how champion scores are calculated. If two or more trees of the same species have totals within ten points of each other, co-champion status shall be awarded.

(B) Species-specific size. A tree of unique or notable size in comparison to other trees of its species.

(C) Champion size, category. A tree that represents the largest physical metrics for a species in a county arborist advisory committee's geographic region. The champion title shall be awarded to the largest tree of each species in the categories of height, circumference, and canopy spread. A single tree may be the champion of multiple categories.

(D) Non-specific size. Size is used for the designation of an exceptional tree without listing a specific minimum threshold value.

§58-C Significant tree designation; established. (a) The purpose of this section is to establish a statewide recognition program for significant trees as a tier two classification under the exceptional trees program, for education and outreach purposes only. Significant tree designations shall be made to promote awareness, education, and community engagement relating to the value of the State's tree canopy. Significant trees may be potential future exceptional trees.

(b) Significant trees shall be evaluated using the selection criteria pursuant to section 58-B. Significant trees shall exhibit one or more of the selection criteria, but to a lesser extent than the threshold required to be designated as an exceptional tree.

(c) The designation of significant trees shall be made by a county arborist advisory committee. Applications for recognition may be submitted by individuals, organizations, or government agencies. Approval or denial of a significant tree designation shall be determined by a majority vote of a county arborist advisory committee.

(d) Designation as a significant tree shall not impose additional regulatory obligations nor provide tax benefits to property owners.

§58-D State arborist advisory committee; established. There is established the state arborist advisory committee within the department of land and natural resources for administrative purposes, consisting of not less than nine and not more than thirteen members. Members of the state arborist advisory committee shall be appointed by the governor and shall include:

(1) A representative from each county arborist advisory committee; and

(2) Not less than four and not more than eight individuals with expertise in arboriculture, urban forestry, landscape architecture, cultural or historical knowledge, and community engagement.

§58-E State arborist advisory committee; powers and duties. For the purposes of this chapter, the state arborist advisory committee shall have the following powers and duties:

(1) To oversee the State's exceptional tree program, including the development, coordination, and implementation of a strategic state exceptional and significant trees master plan. The state arborist advisory committee shall provide the master plan to each county committee;

(2) To act as a resource to county arborist advisory committees to ensure consistent and standardized implementation of exceptional and significant tree legislation;

(3) To produce a statewide exceptional and significant tree registry that shall be updated annually to reflect the status of exceptional and significant trees throughout the State;

(4) To advise the governor, legislature, and state departments and agencies on exceptional and significant trees, urban forestry, and other tree-related issues; and

(5) To work in conjunction with community groups to develop and implement educational campaigns to increase public awareness of the exceptional tree program. Campaigns may utilize websites, brochures, social media platforms, and interactive tools to complement community workshops and presentations."

SECTION 2. Chapter 58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§58-1[]] Purpose. It is the policy of the State to safeguard exceptional trees from destruction due to improper land development, and the legislature finds that enactment of protective regulations by the State and counties to accomplish this is a valid and important public purpose. The legislature further finds that the establishment of a state arborist advisory committee, additional selection criteria, and a significant tree designation are necessary to ensure cohesion in safeguarding the State's environmental, cultural, historical, economic, and aesthetic values.

§58-2 County arborist advisory committees; establishment. Each county of the State shall establish a county arborist advisory committee[~~, whose~~] consisting of at least six members. The members of each county arborist advisory committee shall be appointed by the mayor and shall include:

(1) The county planning director, or the director's designee;

(2) One member who shall be a person actively employed in the practice of landscape architecture, a certified arborist, a horticulturist with specialization in trees, or a person who has received a master's degree in botany; and

(3) Not less than three other members selected on the basis of active participation in programs of community beautification, or research or organization in the ecological sciences, including but not limited to botany, ethnobotany, horticulture, geography, tropical plant and soil science, or Hawaiiana.

§58-3 County arborist advisory committees; powers and duties. For the purposes of this chapter, the county committees shall have the following powers and duties in addition to those delegated by the respective county councils:

(1) To research, prepare, and recommend to the county council exceptional trees to be protected by county ordinance or regulation.

(2) To advise property owners relative to the preservation and enhancement of exceptional trees.

(3) To recommend to the county council appropriate protective ordinances, regulations, and procedures[.] relative to all trees within the county.

(4) To review all actions deemed by the county council to endanger exceptional trees.

(5) To identify and promote significant trees located within the county.

[For the purposes of this section, "exceptional trees" means a tree or stand or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality, or endemic status has been designated by the county committee as worthy of preservation. The term "exceptional trees" does not apply to trees planted for commercial forestry operations in each county within the State. Exceptional trees may be designated generally by biotaxy or individually by location or class.]

[[]§58-4[]] County protective regulations. Each county shall enact appropriate protective regulations [~~which~~] that designate exceptional trees[;] pursuant to section 58-B; provide for special county review prior to destruction of exceptional trees, whether by removal or the existence of conditions which lead to the destruction of such trees; provide for site plan review and amendment to protect exceptional trees; and provide for injunctive relief against the removal or destruction of exceptional trees.

§58-5 State assistance. The department of land and natural resources and the University of Hawaii shall cooperate with and to the fullest extent possible assist the State and counties and their respective arborist advisory committees in carrying out this chapter."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1501
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII