RELATING TO VEGETATION MANAGEMENT.

HB1814

HOUSE OF REPRESENTATIVES

H.B. NO.

1814

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to vegetation management
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that the increasing frequency and severity of wildfires
threaten public safety, property, critical infrastructure, and the natural
environment.
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As climate conditions
change and drought periods lengthen, it is imperative that the State adopt
robust vegetation management standards to mitigate wildfire risks and minimize
the frequency and length of power outages caused by inadequate vegetation
management.

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The legislature also finds that certain
jurisdictions have developed and enforced vegetation management standards that
reduce the likelihood of wildfire ignition and spread.
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By adopting similar comprehensive vegetation
management standards, the State can enhance its wildfire mitigation efforts,
thereby protecting public safety, property, and the natural environment.

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Accordingly, the purpose of this Act is to
adopt vegetation management standards which include:

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(1)
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Mandating
that property owners clear flammable vegetation within a specified distance
around structures;

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(2)
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Requiring
that entities responsible for electrical transmission or distribution lines
establish and maintain firebreaks around poles and towers supporting critical
components, ensuring a minimum clearance to prevent vegetation from contacting
electrical equipment;

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(3)
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Preventing
vegetation from contacting power lines by specifying minimum clearance
distances between nearby vegetation and power lines, with greater distances for
powerlines with higher voltages;

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(4)
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Requiring
that electric utilities manage vegetation near power lines and equipment;

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(5)
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Imposing
penalties on individuals who obstruct emergency personnel, including emergency
personnel involved in fire prevention and suppression activities; and

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(6)
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Establishing
standards for construction and maintenance of overhead electrical lines and
inspection requirements for electric distribution and transmission facilities.

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SECTION 2.
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The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

VEGETATION MANAGEMENT

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� -1
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Definitions.
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For the purposes of this chapter, unless the
context otherwise requires:

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"Defensible space" means the area
around a structure where vegetation and other flammable materials are managed
to create a buffer between a structure and wildland areas, reducing the
likelihood that a wildfire will ignite the structure.

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"Department" means the department
of land and natural resources.

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"Hazardous vegetation" means any
vegetation that, by reason of its proximity to structures, power lines, or other
critical infrastructure, or due to its density, dryness, species composition,
or lack of maintenance, poses a significant risk of wildfire ignition or
spread.

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"Public nuisance" means hazardous
vegetation that endangers public safety, obstructs public ways, or creates
conditions conducive to wildfire.

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"Utility" means any electric
utility company, its electric utility affiliates under chapter 269, and any
contractor retained by an electric utility company or its electric utility
affiliates to perform work related to the electric utility or its electric
utility affiliates.

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"Vegetation management" means the
proactive removal, trimming, or maintenance of trees, shrubs, grasses, and
other plant materials to reduce fire hazard potential or mitigate the risk of
contact with electrical infrastructure.

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� -2

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Vegetation management and public nuisance abatement.
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(a)
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The
existence of hazardous vegetation that may threaten life, property, or the
environment through increased wildfire risk is hereby declared a public
nuisance subject to abatement.

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(b)
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Every property owner, lessee, and occupant
shall be responsible for maintaining vegetation to reduce fire hazards.

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(c)
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The
department shall adopt rules under chapter 91 that:

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(1)
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Require
the establishment and maintenance of defensible space around structures,
ensuring clearance distances in immediate zones;

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(2)
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Provide
guidance on removing or thinning flammable vegetation, reducing ladder fuels,
and maintaining separation between tree canopies; and

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(3)
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Prescribe
enforcement procedures, including warnings, fines, and the authority of local
fire officials or department agents to undertake abatement at the owner's
expense if compliance is not met.

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� -3
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Power line hazard reduction and clearances.
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(a)
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Clearance
requirements for utility poles and towers shall be as follows:

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(1)
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Utilities
operating overhead electrical lines shall establish and maintain a cleared
firebreak free of flammable vegetation and other combustible materials around
poles, towers, and other structures supporting high-voltage overhead conductors;

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(2)
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The
firebreak shall be maintained year-round and extend a minimum horizontal radius
of at least ten feet from the base of the pole or tower, or a distance deemed
necessary by the department to ensure an equivalent level of fire protection;
and

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(3)
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The
firebreak area shall be kept clear of all vegetation that may serve as a
potential ignition source, including dry grass, brush, and other combustible
materials.

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(b)
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Vegetation clearance from conductors shall be
as follows:

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(1)
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Utilities
shall maintain a continuous minimum clearance distance between overhead
conductors and any vegetation.
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The
required clearance distance shall be based on line voltage, local vegetation
growth rates, and environmental conditions;

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(2)
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At
a minimum, utilities shall ensure that vegetation does not encroach within four
feet of conductors carrying voltages commonly found in distribution lines, or a
greater distance as determined necessary by the department to account for local
species growth patterns and weather variability.
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Higher-voltage lines shall require
proportionally greater clearances; and

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(3)
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Vegetation
management activities shall be conducted proactively so that anticipated
regrowth does not cause encroachment into the required clearance zone before
the next scheduled maintenance cycle.
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Dead, diseased, or structurally compromised branches or trees that could
fall into the clearance zone shall be removed or trimmed accordingly.

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(c)
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Year-round maintenance and anticipatory pruning
shall be as follows:

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(1)
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Clearances
described in this section shall be maintained throughout the year; and

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(2)
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Utilities
shall conduct regular inspections and perform maintenance proactively to
prevent vegetation from entering the clearance zones, especially during periods
of rapid growth or extreme weather conditions.

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(d)
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The department shall adopt rules under chapter 91 as follows that:

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(1)
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Specify
minimum clearance distances for various voltage classes of overhead lines;

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(2)
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Establish
standards for pruning, trimming, and removal methods that prioritize vegetation
health, habitat preservation, and the prevention of soil erosion while ensuring
fire safety; and

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(3)
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Coordinate
procedures among utilities, private landowners, and government agencies to
ensure consistent compliance and rapid response to potential hazards.

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� -4
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Industry safety orders and worker protections.
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(a)
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The
department of labor and industrial relations shall adopt safety rules for
vegetation management workers to ensure compliance with chapter 396.

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(b)
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Any person or entity that owns, controls,
operates, or maintains any electrical transmission or distribution line equal
to or greater than six hundred volts shall maintain around and adjacent to any
pole or tower that supports a switch, fuse, transformer, lightning arrester,
line junction, or dead end or corner pole, a firebreak that consists of a
clearing of not less than ten feet in each direction from the outer
circumference of the pole or tower; provided that all work subject to
sections �3 and -4 shall be
performed:

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(1)
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By
a qualified line clearance line clearance tree trimmer or an apprentice trainee
under the direct supervision and instruction of a qualified line clearance tree
trimmer pursuant to 29 C.F.R. section 1910.269 and American National Standards
Institute Z133.1 safety standard;

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(2)
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By
a journeyman electrical utility lineman or apprentice trainee under the direct
supervision and instruction of a journeyman electrical utility lineman; or

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(3)
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Under
the supervision of a qualified utility arborist.

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(c)
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All
work performed under this section shall be paid at not less than the prevailing
wage rate for a second-step apprentice electrical utility lineman as determined
by the director of labor and industrial relations.

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(d)
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This
section shall not apply to any line used exclusively as telephone, telegraph,
telephone or telegraph messenger call, fire or alarm line, other line classified
as a communication circuit, or line by the public utilities commission;
provided that this section shall apply to any line that is shared on a pole
having electrical utility equipment.

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(e)
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The
department may grant exceptions from the requirements of this section.

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� -5
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Enforcement; liability; private cause of action.
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(a)
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The department shall enforce this chapter.

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(b)
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Utilities
and property owners failing to comply with these standards shall be subject to:

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(1)
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A
fine of not more than $10,000 per violation; and

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(2)
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Liability
for any damages resulting from wildfires caused by non-compliance.

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(c)
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If
an entity repeatedly violates this chapter and the department fails to enforce
compliance after reasonable notice, affected individuals or organizations may
bring a civil action in a court of competent jurisdiction.

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(d)
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Plaintiffs may seek injunctive relief to
compel compliance with this chapter or recovery of damages for injuries or
losses caused by non-compliance and attorneys' fees and costs for successful
claims.

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(e)
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For the purposes of this section,
"repeated violations" means three or more documented violations
within a three-year period.

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� -6
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Rules.
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The department shall adopt rules under chapter 91 for purposes of this
chapter.

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� -7
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Funding; assistance.
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The department shall seek federal grants,
private partnerships, and other funding opportunities to support the statewide
vegetation management program."

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SECTION 3.
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If any
provision of this Act, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the Act that can be given effect without the invalid
provision or application, and to this end the provisions of this Act are
severable.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLNR;
Vegetation Management; Wildfire Mitigation

Description:

Requires
the Department of Land and Natural Resources to establish and enforce
vegetation management requirements to prevent wildfires caused by electric
utilities.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.