HB2102

SECTION 1. The purpose of this Act is to require electric utilities to design and operate in compliance with a risk-based wildfire protection plan.

SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . WILDFIRE PROTECTION AND MITIGATION

§269-A Electric utility workshops. The public utilities commission shall periodically convene workshops to help electric utilities develop and share information for the identification, adoption, and implementation of best practices regarding wildfires, including but not limited to risk-based wildfire protection and risk-based wildfire mitigation procedures and standards.

§269-B Wildfire protection plans. (a) Each electric utility shall have and operate in compliance with a risk-based wildfire protection plan, which shall be filed with and evaluated by the public utilities commission. The risk-based wildfire protection plan shall be based on reasonable and prudent practices identified through workshops conducted by the commission pursuant to section 269-A and on commission standards adopted by rule. The electric utility shall design the risk-based wildfire protection plan to protect public safety, reduce risk to utility customers, and promote resilience of the Hawaii electric system to wildfire damage. The plan shall, at a minimum:

(1) Identify areas that are subject to a heightened risk of wildfire;

(2) Identify a means for mitigating wildfire risk that reflects a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk;

(3) Identify preventive actions and programs that the electric utility will carry out to minimize the risk of utility facilities causing a wildfire;

(4) After seeking information from state and local entities, identify a protocol for the deenergizing of power lines and adjusting of power system operations to mitigate wildfires, promote the safety of the public and first responders, and preserve health and communication infrastructure;

(5) Describe the procedures, standards, and time frames that the electric utility will use to inspect utility infrastructure in areas that the electric utility identifies under paragraph (1);

(6) Describe the procedures, standards, and time frames that the electric utility will use to carry out vegetation management in areas that the electric utility identifies under paragraph (1);

(7) Identify the estimated development, implementation, and administration costs for the risk-based wildfire protection plan; and

(8) Identify the community outreach and public awareness efforts that the electric utility will use before, during, and after a wildfire season.

(b) Each electric utility shall regularly update its risk-based wildfire protection plan on a schedule determined by the commission.

(c) To develop the risk-based wildfire protection plan, the electric utility may consult with and consider information from state and local entities.

(d) The commission, in consultation with the department of land and natural resources and local emergency services agencies, shall evaluate each electric utility's risk-based wildfire protection plan and plan updates through a public process.

(e) No more than one hundred eighty days after receiving a risk-based wildfire protection plan or plan update from an electric utility, the commission shall approve or approve with conditions the plan or update if the commission finds that the plan or update is based on reasonable and prudent practices identified through workshops pursuant to section 269-A and designed to meet all applicable rules and standards adopted by the commission.

(f) The commission's approval of a risk-based wildfire protection plan does not establish a defense to any enforcement action for violation of a commission decision, order, or rule, or relieve an electric utility from proactively managing wildfire risk, including by monitoring emerging practices and technologies.

(g) The commission shall adopt rules for the implementation of this section. The rules may include but need not be limited to procedures and standards regarding vegetation management, public power safety shutoffs and restorations, pole materials, circuitry, and monitoring systems.

(h) All reasonable operating costs incurred by, and prudent investments made by, an electric utility to develop, implement, or operate its risk-based wildfire protection plan under this section are recoverable in the rates of the electric utility from all customers through a filing. The commission shall establish an automatic adjustment clause or another method to allow timely recovery of the costs.

§269-C Effect of part. Nothing in this part shall be construed to affect the terms or conditions of easement held by an electric utility over private land as of the effective date of this Act.

§269-D Penalties. In addition to any other penalties provided by law, a violation of this part by an electric utility shall be subject to a civil penalty of no more than $10,000. All moneys collected under this section shall be deposited into the public utilities commission special fund."

SECTION 3. Section 269-9, Hawaii Revised Statutes, is amended to read as follows:

"§269-9 Report accidents. (a) Every public utility shall report to the public utilities commission all accidents and wildfires potentially caused by or occurring in connection with its operations and service, and the commission shall investigate the causes of [~~any~~]:

(1) Any accident [~~which results~~] that resulted in the loss of life[,]; and

(2) Any wildfires that:

(A) May have been caused by a public utility;

(B) Destroyed a significant amount of public utility equipment; or

may investigate any other accidents which in its opinion require investigation.

(b) The public utility's reporting of an accident or wildfire under this section shall not be admissible evidence in any judicial, administrative, or other governmental proceeding for purposes of establishing that the wildfire was caused by the public utility."

SECTION 4. Each electric utility shall file its first risk-based wildfire protection plan with the public utilities commission required under section 269-B, Hawaii Revised Statutes, established by section 2 of this Act, no later than December 31, 2024.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	2102
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII