Bill Text: HI SB3326 | 2024 | Regular Session | Amended
Bill Title: Relating To Vegetation Management Near Utility Lines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. [SB3326 Detail]
Download: Hawaii-2024-SB3326-Amended.html
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THE SENATE |
S.B. NO. |
3326 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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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; department of land
and natural resources; wildfire hazard map.
(a) The department of land
and natural resources shall create and update annually a single wildfire hazard
map identifying 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
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 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 shall trim grasses located on their property to create
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 notify a private or public property owner that their
property is in violation of subsection (c), provide the private or public
property owner with a description of the condition that violates subsection
(c), and provide the private or public property owner with notice that the
violation shall be abated within thirty days of when the notice was mailed to
the property owner. If the private or public
property owner has not abated the violation of subsection (c) within thirty
days of the notice being mailed, the department shall issue a fine of $1,000
against the private or public property owner.
Each day after the thirty-day period provided by the department's notice
that a violation continues shall constitute a separate offense. 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.
(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 elects to trim or remove hazardous vegetation under this
subsection 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; provided that the utility company provides the private or
public property owner with 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 of the mailing notice,
the
utility company shall be entitled to 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 property in question.
(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 under this subsection, the utility company
shall notify the private or public property owner of the action taken under
this subsection within two days of having taken action. The notices provided under this subsection
shall be sent 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 property in question. On a schedule determined by the public
utilities commission, the utility company shall regularly report on all notices
issued under this subsection to 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. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 4. 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 2024-2025 for the purposes of this Act.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6.
This Act shall take effect on July 1, 2050.
Report Title:
DLNR; Electric Utility Companies; Wildfire Mitigation; Fines; Hazardous Vegetation; Expenditure Ceiling; Appropriation
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. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
