Bill Text: HI SB11 | 2025 | Regular Session | Introduced
Bill Title: Relating To Vegetation Management Near Utility Lines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-16 - Referred to WTL/CPN, WAM/JDC. [SB11 Detail]
Download: Hawaii-2025-SB11-Introduced.html
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THE SENATE |
S.B. NO. |
11 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to vegetation management near utility lines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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; and
(2) Provides a recovery mechanism to recoup the additional vegetation management costs.
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; utility lines; wildfire hazard map; hazardous vegetation; property owner obligations; utility company rights. (a) The department of land and natural resources shall create and annually update a single wildfire hazard map that identifies 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 its 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:
(1) 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
(2) 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 provide a private or public property owner with notice
of a violation of subsection (c), a description of the condition that violates
subsection (c), and request that the owner abate the violation within thirty
days after the notice is mailed to the property owner. 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. If the private or
public property owner has not abated the violation within thirty days after the
notice mailing date, the department shall issue a fine of $1,000 against the
private or public property owner. Each
day after the noticed thirty-day abatement period that a violation continues
shall constitute a separate offense.
(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 trims or removes vegetation pursuant to this subsection
that is 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 and 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 after the notice mailing date,
the
utility company may 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 subject
property.
(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 as
soon as feasibly possible, the utility company may enter private or public
property after giving forty-eight hours' notice and may trim or remove the
hazardous vegetation. After trimming or
removing the hazardous vegetation pursuant to this subsection, the utility
company shall notify the private or public property owner of the action taken
within two days of the action taken. The
utility company shall provide the notices required under this subsection by
phone call, email, or, if both are unobtainable, certified mail to the last
known address of the private or public property owner identified on public land
records associated with the subject property.
All utility companies shall regularly report on the notices issued under
this subsection to the public utilities commission on a schedule to be
determined by the commission.
(g)
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. 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 purposes of this Act.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Vegetation Management Program; Public Utility Lines; DLNR; Wildfire Hazard Map; Hazardous Vegetation; Property Owner Obligations; Utility Company Rights; Fines; Appropriations
Description:
Requires the Department of Land and Natural Resources to create and annually update a wildfire hazard map. Requires private and public property owners to trim grasses within certain proximities of public rights of way and utility lines. Authorizes electric utility companies to enter private or public property to trim or remove hazardous vegetation. Makes appropriations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
