SB2356

SECTION 1. The legislature finds that wildfires pose a critical threat to the natural environment and its flora and fauna, to agricultural land, and to human life and property. Wildfires burn 0.5 per cent of the total area in the State each year, paving the way for invasive species to take root in the burned areas. The legislature believes that the State must take more proactive measures in preventing and combating future, potentially tragic wildfires.

The legislature further finds that the State budgets far less compared to most of the western United States for on fighting fires, even on a per capita basis. The legislature notes that Washington appropriates more than double the amount per capita than Hawaii to fight wildfires and that, in fiscal year 2022, California budgeted $21 per resident.

The legislature also finds that overgrown and dried-out grasses, shrubs, and small trees on unmanaged agricultural land and wildlands provide fuel for wildfires. Wildfires in mountainous or inaccessible terrain destroy natural eco-systems, including endangered and threatened species, and can spread to inhabited areas.

The legislature recognizes that fighting wildfires in mountainous or inaccessible terrain is beyond the normal capabilities of county fire departments. This was evidenced in 2023 by the Mililani Mauka wildfire in the Koolau mountains, where much of the 2.5 square-mile burn zone was within the Oahu Forest National Wildlife Refuge, home to twenty-two endangered and threatened species.

The legislature finds that there is a need for a corps of elite firefighters to fight wildfires in wilderness areas and inaccessible or hard-to-access terrain throughout the State. The legislature further notes that to accomplish this, certain specialized firefighting aircraft are necessary; certain specialized aircraft are scarce and may be difficult to procure through standard procurement procedures; and the specialized aircraft and firefighters must be available twenty-four hours a day, seven days a week.

Accordingly, the purpose of this Act is to:

(1) Establish the:

(A) Position of the state wildfire marshal;

(B) Position of the state wildfire chief;

(D) State wildfire fuel reduction task force; and

(2) Make an appropriation.

SECTION 2. Chapter 132, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . wildfires

§132-A State wildfire marshal; establishment; hiring; notice; qualifications; duties. (a) There is established the position of state wildfire marshal within the department of defense for administrative purposes.

(b) The adjutant general shall hire and may replace the state wildfire marshal pursuant to chapter 76. The adjutant general shall provide written notification of the hiring of the state wildfire marshal to the fire chief of each county, all federal fire authorities, the United States Forest Service, and the United States National Park Service.

(1) Ten years of firefighting experience at the local, state, or federal level or any combination thereof; and

(2) Five years of managerial or administrative experience.

A candidate may be a current or former firefighter at the local, state, or federal level.

(d) The state wildfire marshal shall:

(1) Hire or replace the state wildfire chief pursuant to section 132-B;

(2) Support the state wildfire corps established pursuant to section 132-C, including but not limited to:

(A) Determining the necessary qualifications of the firefighters that serve on the state wildfire corps;

(B) Determining how many firefighters are needed, within budgetary constraints;

(D) Researching and obtaining the necessary firefighting and safety equipment, including specialized firefighting aircraft;

(E) Recruiting, hiring, and replacing any necessary pilots, mechanics, and support personnel, pursuant to chapter 76;

(F) Training and supervising the pilots, mechanics, and support personnel hired pursuant to subparagraph (E);

(G) Determining the optimal basing for the personnel and equipment to cover the entire State;

(H) Procuring the necessary sites for the basing of the state wildfire corps; and

(I) Obtaining as much federal funding as possible for the above purposes;

(3) Chair the state wildfire fuel reduction task force established pursuant to section 132-D;

(4) Initiate action on its own, or at request of other state, county, or federal authorities, to fight wildfires, including but not limited to summoning additional firefighting assistance, equipment, supplies, or materials to assist in fighting a wildfire, when necessary;

(5) Coordinate with other state, county, or federal agencies or authorities to fight wildfires; and

(6) Investigate the cause and any aggravating factors of any wildfire within the State that is not under investigation by other agencies.

§132-B State wildfire chief; establishment; responsibilities; hiring; notice; qualifications; duties. (a) There is established within the department of defense for administrative purposes the position of state wildfire chief, who shall be responsible for fighting wildfires in mountainous or otherwise inaccessible terrain unreachable by county fire departments.

(b) The state fire marshal shall hire and may replace the state wildfire chief pursuant to chapter 76. The state wildfire marshal shall provide written notification of the hiring of the state wildfire chief to the fire chief of each county, all federal fire authorities, the United States Forest Service, and the United States National Park Service.

(1) Five years of firefighting experience at the local, state, or federal level or any combination thereof; and

(2) Three years of managerial or administrative experience.

(d) The state wildfire chief shall:

(1) Train or arrange for the training of the state wildfire corps established pursuant to section 132-C; and

(2) Supervise the state wildfire corps established pursuant to section 132-C.

§132-C State wildfire corps; establishment. There is established within the department of defense for administrative purposes a state wildfire corps comprising of firefighters to fight wildfires in mountainous or otherwise inaccessible terrain in the State that is unreachable by county fire departments.

§132-D State wildfire fuel reduction task force; establishment; composition; duties. (a) There is established within the department of defense for administrative purposes a state wildfire fuel reduction task force. The task force shall be comprised of the following members:

(1) The state wildfire marshal, who shall serve as the chairperson of the task force;

(2) A representative from the department of agriculture, to be appointed by the chair of the board of agriculture; and

(3) A representative from the department of land and natural resources, to be appointed by the chair of the board of land and natural resources.

(b) The state wildfire fuel reduction task force shall:

(1) Inventory and map fallow, unmanaged agricultural land and unmanaged wild lands on the six main inhabited islands of the State;

(2) Investigate and determine best practices of managing areas with overgrown grass and scrub brush according to the type and slope of the terrain, including consulting with:

(A) The United States Forest Service on the feasibility and cost of creating a local equivalent of the youth conservation corps;

(B) The department of labor and industrial relations on the feasibility and cost of creating an adult labor force to protect public lands through vegetation management;

(C) The department of corrections and rehabilitation on the feasibility and cost of using prison labor to protect public lands through vegetation management;

(D) The judiciary on the feasibility and cost of using community service to protect public lands through vegetation management; and

(E) Livestock ranchers on the feasibility and cost of using sheep, goats, and other livestock to graze overgrown grasses; and

(3) Determine the best methods to implement the best practices of managing areas with overgrown grass and scrub brush."

SECTION 3. Section 26-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The office of veterans' services and the advisory board on veterans' services as constituted by chapter 363 are placed within the department of defense for administrative purposes. The state wildfire marshal, state wildfire chief, state wildfire corps, and the state wildfire fuel reduction task force as constituted by part of chapter 132 also are placed within the department of defense for administrative purposes."

SECTION 4. Chapter 132, Hawaii Revised Statutes, is amended by designating sections 132-1 to 132-19 as part I and inserting a title before section 132-1 to read as follows:

"PART I. GENERAL PROVISIONS"

SECTION 5. 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 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $208,400,000 or so much thereof as may be necessary for fiscal year 2024-2025 to be allocated as follows:

(1) $8,400,000 for the establishment and funding of the following positions:

(A) One full-time equivalent (1.0 FTE) state wildfire marshal;

(B) One full-time equivalent (1.0 FTE) state wildfire chief;

(D) Twelve full-time equivalent (12.0 FTE) aircraft mechanics;

(E) Thirty full-time equivalent (30.0 FTE) firefighters;

(F) Twelve full-time equivalent (12.0 FTE) aircraft support personnel;

(G) One full-time equivalent (1.0 FTE) fire investigator; and

(H) Two full-time equivalent (2.0 FTE) administrative staff; and

(2) $200,000,000 for specialized firefighting aircraft and other equipment.

The sum appropriated shall be expended by the department of defense for the purposes of this Act.

SECTION 7. In codifying the new sections added by section 4 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 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2356
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII