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HB113
HOUSE OF REPRESENTATIVES
H.B. NO.
113
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO FIRE PREVENTION
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
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SECTION 1.
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Chapter 132, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
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�132-
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Duty
of owner to clear brush or vegetation growth.
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(a)
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Every
owner or other person having charge of or control over any building, structure,
or other premises
located in a hazardous fire area
shall:
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(1)
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Maintain
an effective firebreak by removing and clearing flammable vegetation and
combustible growth from areas within thirty feet of the building, structure, or
premises; provided that single specimens of trees, ornamental shrubbery, or similar
plants used as ground cover that do not rapidly transmit fire need not be
removed or cleared;
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(2)
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Maintain
an effective firebreak by removing and clearing flammable vegetation and
combustible growth from areas within one hundred feet of the building, structure,
or premises when hazardous conditions cause a firebreak of thirty feet to be insufficient
to provide reasonable safety; provided that grass and other vegetation located
more than thirty feet from buildings or structures and less than eighteen
inches in height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion;
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(3)
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Remove
portions of trees that extend within ten feet of any chimney outlet of the
building or structure;
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(4)
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Remove
deadwood from trees adjacent to or overhanging the building or structure; and
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(5)
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Maintain
the roof of the building or structure free of leaves, needles, or other dead
vegetative growth.
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(b)
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For the purposes of this section,
"hazardous fire area" means any geographic area that contains the
type and condition of vegetation, topography, weather, and structure density that
materially increases the possibility of vegetation conflagration fires.
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PART II
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SECTION 2.
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(a)
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The department of land and
natural resources shall establish and implement a community fuels reduction
project to reduce hazardous wildfire fuels on State lands, particularly on
lands adjacent to communities.
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Where
feasible, the community fuels reduction project shall:
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(1)
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Reduce
hazardous wildfire fuels on the landscape that threaten watersheds,
communities, and critical public infrastructure such as powerlines and
communication facilities;
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(2)
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Create
and maintain effective firebreaks along undeveloped state properties that
border a developed parcel, including but not limited to schools and residential
and commercial properties, by removing and clearing flammable vegetation and
combustible growth from areas within thirty feet of the developed parcel;
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(3)
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Reduce
flammable grasses on the landscape through projects like managed grazing; and
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(4)
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Provide
water infrastructure for grazing and fire suppression.
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(b)
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The department of land and natural resources shall submit a report to
the legislature no later than twenty days prior to the convening of the regular
session of 2026 and each year thereafter on progress made toward meeting the
requirements of subsection (a).
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SECTION 3.
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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 2025-2026 and the same sum or
so much thereof as may be necessary for fiscal year 2026-2027 for the
department of land and natural resources' division of forestry and wildlife's
community fuels reduction project to support wildfire prevention and hazardous
fuel reduction measures pursuant to section 2 of this Act.
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The sums
appropriated shall be expended by the department of land and
natural resources for the purposes of this Act.
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SECTION 4.
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Beginning with fiscal year 2027-2028 and each fiscal year thereafter,
the department of land and natural resources shall establish the community
fuels reduction project as a separate line item within the department's budget.
PART III
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SECTION 5.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 6.
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New statutory material is underscored.
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SECTION 7.
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This Act shall take effect upon its approval; provided that part II
shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
DLNR;
Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels
Reduction Project; Report; Budget; Appropriations
Description:
Requires
certain owners and occupants of properties located in hazardous fire areas to
maintain effective firebreaks within thirty feet of the property and to
practice other fire prevention activities.
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Establishes the Community Fuels Reduction Project to be administered by
the Department of Land and Natural Resources.
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Requires a report to the Legislature.
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Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.