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Senate committees defer decision on bill to re-establish State Fire Marshal office; placement and oversight unresolved
Summary
Lawmakers heard broad support for a bill to re-create the Office of the State Fire Marshal after the 2023 Maui wildfires but deferred decision to allow more negotiation over where the office should sit — the governor’s office or the Department of Defense.
Senate members of the Public Safety and Military Affairs and Labor and Technology committees heard testimony March 10 on House Bill 1064, which would effectuate recommendations from the Fire Safety Research Institute’s Phase 3 report on the August 2023 Maui wildfires, clarify the role of the State Fire Marshal and appropriate funds for the office.
The measure drew supportive testimony from state and local agencies, utilities and advocacy groups, but officials and the governor’s office signaled disagreement about where the new office should be administratively placed. Michael Walker, identified as the statewide fire protection forester for the Department of Land and Natural Resources (DLNR) Forestry and Wildlife, said DLNR “stands on its testimony” and was available for questions. Will Kane, identified as a senior advisor to the governor, said the administration preferred placing the office under the Department of Defense rather than in the governor’s office, citing past constitutional and administrative difficulties when offices were attached to the governor’s office.
The committee also heard from Major General Steven F. Logan (Department of Defense), who said he “concur[s] with the governor” and believes placing the office under DOD would better integrate hazardous mitigation and response work. Gary Lum, representing the State Park Council, said the council stood on written testimony in support. James Abraham testified on behalf of Hawaiian Electric in support. Several other agencies and stakeholders were recorded as offering support or comments and standing on written testimony.
Committee discussion focused on implementation detail and the timing of the office’s establishment. Senators questioned whether the State Fire Council’s current process for selecting a fire marshal was already underway; Gary Lum reported the council had scheduled interviews for six candidates on March 24. On defensible-space and community resiliency issues, witnesses noted that recommended protections will vary across Hawaii’s diverse urban, suburban and rural communities and that a formal State Fire Marshal office would be needed to produce a statewide fire-risk and management plan.
Rather than vote on the bill, the committees deferred decision making to allow time to work out outstanding placement and authority questions. The committees set decision-making for Friday, March 14 at 3 p.m. in Conference Room 225.
The record indicates broad support for HB1064’s goals but persistent disagreement over administrative placement and next steps; the committees postponed action to give parties time to resolve that disagreement.
