Hawaii 2024 Regular Session

Hawaii Senate Bill SB2313 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2313 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to Fire prevention. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2313
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2313
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to Fire prevention.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. Chapter 132, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§132- Duty of owner to clear brush or vegetation growth. (a) Every owner or other person having charge of or control over any building, structure, or other premises located in a hazardous fire area shall: (1) 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; (2) 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; (3) Remove portions of trees that extend within ten feet of any chimney outlet of the building or structure; (4) Remove deadwood from trees adjacent to or overhanging the building or structure; and (5) Maintain the roof of the building or structure free of leaves, needles, or other dead vegetative growth. (b) As used in 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." PART II SECTION 2. (a) 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. Where feasible, the community fuels reduction project shall: (1) Reduce hazardous wildfire fuels on the landscape that threaten watersheds, communities, and critical public infrastructure such as powerlines and communication facilities; (2) 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; (3) Reduce flammable grasses on the landscape through projects like managed grazing; and (4) Provide water infrastructure for grazing and fire suppression. (b) 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 2025 and each year thereafter on progress made toward meeting the requirements of subsection (a). 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 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. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 5. Beginning with fiscal year 2025-2026 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 SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval; provided that part II shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	PART I
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51	51	SECTION 1. 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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53	53	"§132- Duty of owner to clear brush or vegetation growth. (a) 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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55	55	(1) 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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57	57	(2) 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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59	59	(3) Remove portions of trees that extend within ten feet of any chimney outlet of the building or structure;
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61	61	(4) Remove deadwood from trees adjacent to or overhanging the building or structure; and
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63	63	(5) Maintain the roof of the building or structure free of leaves, needles, or other dead vegetative growth.
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65	65	(b) As used in 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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67	67	PART II
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69	69	SECTION 2. (a) 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. Where feasible, the community fuels reduction project shall:
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71	71	(1) 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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73	73	(2) 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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75	75	(3) Reduce flammable grasses on the landscape through projects like managed grazing; and
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77	77	(4) Provide water infrastructure for grazing and fire suppression.
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79	79	(b) 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 2025 and each year thereafter on progress made toward meeting the requirements of subsection (a).
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81	81	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:
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83	83	(1) The appropriation made in this Act is necessary to serve the public interest; and
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85	85	(2) The appropriation made in this Act meets the needs addressed by this Act.
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87	87	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 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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89	89	The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
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91	91	SECTION 5. Beginning with fiscal year 2025-2026 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.
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95	95	SECTION 6. 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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97	97	SECTION 7. New statutory material is underscored.
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99	99	SECTION 8. This Act shall take effect upon its approval; provided that part II shall take effect on July 1, 2024.
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103	103	INTRODUCED BY: _____________________________
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105	105	INTRODUCED BY:
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117	117	Report Title: DLNR; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Expenditure Ceiling; Appropriation 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. Establishes the Community Fuels Reduction Project to be administered by the Department of Land and Natural Resources. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation to the Department of Land and Natural Resources for the Community Fuels Reduction Project. Beginning with fiscal year 2025-2026 and each fiscal year thereafter, requires the Department of Land and Natural Resources to establish the Community Fuels Reduction Project as a separate line item within the Department's budget. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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121	121	Report Title:
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123	123	DLNR; Property Owners; Hazardous Fire Areas; Fire Prevention; Community Fuels Reduction Project; Report; Budget; Expenditure Ceiling; Appropriation
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127	127	Description:
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129	129	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. Establishes the Community Fuels Reduction Project to be administered by the Department of Land and Natural Resources. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation to the Department of Land and Natural Resources for the Community Fuels Reduction Project. Beginning with fiscal year 2025-2026 and each fiscal year thereafter, requires the Department of Land and Natural Resources to establish the Community Fuels Reduction Project as a separate line item within the Department's budget.
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.