STAND. COM. REP. NO. 1004

Honolulu, Hawaii

RE: S.B. No. 11

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 11, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VEGETATION MANAGEMENT NEAR UTILITY LINES,"

beg leave to report as follows:

The purpose and intent of this measure is to address vegetation management near utility lines.

Specifically, this measure:

(1) Requires the Department of Land and Natural Resources to:

(A) Create and update a wildfire hazard map for the State that identifies wild-fire risks on private and public land; and

(B) Notify property owners and enforce requirements regarding hazardous vegetation control within utility easements located in certain risk areas;

(2) Requires public and private landowners to trim hazardous vegetation on their land near utility lines and public rights-of-way on the property;

(3) Establishes that a utility is not responsible or obligated to trim or remove trees and other vegetation located within or outside the utility's easements or a public right of way;

(4) Establishes that it is the public or private property owner's responsibility to maintain the areas in and around a utility's easement; and

(5) Authorizes a public utility to enter public or private property to trim or remove hazardous vegetation and relieves the utility of any liability for the utility's actions in doing so.

Your Committees received written comments in support of this measure from the Climate Change and Health Working Group, Hawaiian Electric, IBEW Local 1260, Kauai Island Utility Cooperative, Lahaina Strong, and twenty-two individuals.

Your Committees received written comments in opposition to this measure from the Hawaii Association for Justice.

Your Committees received written comments on this measure from the Department of Commerce and Consumer Affairs, Department of Land and Natural Resources, and Public Utilities Commission.

Your Committees find that in the aftermath of the devastating 2023 wildfires on Maui, wildfire mitigation is of utmost importance to prevent further widespread destruction and loss. Your Committees further find that trimming and removing grasses, trees, and other vegetation near utility lines is key to wildfire mitigation efforts. This measure offers a program for vegetation management near utility lines and mechanisms to ensure enforcement of the required actions.

Your Committees have amended this measure to improve enforcement and ensure minimum safety standards for work near utility lines by:

(1) Assigning enforcement responsibilities to the Office of the State Fire Marshal or county fire departments based on whether the violation is on state-owned or private land;

(2) Deleting language absolving a utility company's obligation to remove vegetation located within the utility company's easement or public right of way;

(3) Deleting language immunizing a utility company from liability for trimming or removing hazardous vegetation under certain conditions;

(4) Deleting language immunizing a utility company from liability for failure to determine the existence of hazardous vegetation; and

(5) Adding professional qualifications and wage requirements relating to hazardous vegetation removal performed under the measure.

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 11, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 11, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair