Senate committees approve vegetation-management working group to address wildfire risk

A joint Senate committee on March 24 approved SCR 149 and SR 120 to form a vegetation-management working group to study property-owner obligations and other measures to mitigate wildfire risk.

The working group will be asked to study and recommend regulations that define vegetation-management responsibilities on public and private land and examine practical programs for landowners and utilities. Committee members voted to pass the resolutions with amendments that add the Department of Education to transmittal recipients, replace the Department of Labor reference with the Department of Defense, and accept technical suggestions from the Department of Land and Natural Resources and the International Brotherhood of Electrical Workers, Local 1260.

Supporters and agencies at the hearing described a patchwork of responsibility and the wildfire risk posed by vegetation contacts with infrastructure. Michael Angelo, executive director for the Division of Consumer Advocacy, said his testimony highlighted “the complexities around who manages vegetation,” citing incidents where vines and a bamboo stand contacted utility infrastructure and ignited sparks that required fire department response. Kyra Howe, utility analyst at the Public Utilities Commission, said the PUC provided written comments and recommended the working group consider other states’ approaches, such as Washington and Oregon.

Representatives of utilities and affected stakeholders also testified. Wendy Oda of Hawaiian Electric said the company supports a working group and expects it to consider “regulations identifying vegetation management obligations of landowners as well as practical vegetation management programs for landowners and public utilities.” Hawaiian Telcom and IBEW Local 1260 asked that the group address worker safety and clarify who is qualified to perform hazardous vegetation work near utility lines. Kamehameha Schools’ Steve Tevis urged that the working group be inclusive of permittees, licensees and easement holders.

Opposition testimony was limited. Henry Curtis of Life of the Land registered opposition; other testifiers urged careful drafting to avoid unintended consequences for private landowners.

Committee amendments accepted during decision making add the Department of Education to recipients of the report and substitute the Department of Defense where statutes or bills have moved responsibilities. The committee report also instructs the working group to review practices in Washington and Oregon as suggested by the PUC.

The committee vote to pass SCR 149 and SR 120 with amendments was recorded during decision making and the chair announced the recommendation adopted with amendments.

The working group’s schedule, funding, and enforcement mechanisms were not specified in testimony and will be developed by the convening agencies.