SB2793

SECTION 1. The legislature finds that the devastating 2023 Maui wildfires, which claimed more than one hundred lives and burned through the historic town of Lahaina, serve as a reminder of the threat of wildfires in Hawaii. The legislature recognizes that pursuant to Act 241, Session Laws of Hawaii 1978, Hawaii's state fire marshal program was disbanded and replaced with the state fire council, making Hawaii the only state without a fire marshal. The legislature notes that under this decentralized approach to firefighting, each county is responsible for investigating, preventing, and mitigating fires.

The legislature notes that in the almost forty-six years since the state fire marshal program was disbanded, the state fire council has played a crucial role in fire prevention and education. However, modern firefighting methods and practices now require an accounting for the significant negative impacts of climate change, which have increased the risk of wildfires and other mass fire events throughout the State. The legislature therefore believes that re-establishing a dedicated state fire marshal position to function alongside the state fire council will significantly improve Hawaii's wildfire preparedness and response efforts.

Accordingly, the purpose of this Act is to establish the position and duties of the state fire marshal.

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

"§132- State fire marshal. (a) There is established within the department of labor and industrial relations for administrative purposes the position of the state fire marshal.

(b) Notwithstanding any law to the contrary, the state fire marshal shall:

(1) Assess each county's firefighter personnel staffing issues;

(2) Identify and address any policy barriers that may impede or prevent the reassignment of firefighter personnel and support staff between the counties during a state of emergency declared pursuant to section 127A-14 or any other conflagration event;

(3) Identify any policy barriers that may impede the efficient and effective allocation of resources, including materials, equipment, and personnel, to each county's respective fire department;

(4) Compile and maintain accurate records of each fire that has occurred in the State and any relevant historical fire data;

(5) Develop and implement statewide fire prevention programs;

(6) Develop wildfire risk maps;

(7) Develop and implement wildfire protection and fuel management plans;

(8) Have the primary responsibility for collaborating with each applicable federal, state, or local department, including each county fire department, to develop prioritized contingency plans and project lists to address wildfires in the State;

(9) Collaborate with the department of land and natural resources to identify and assess wildfire risks created by invasive and native species of flora and fauna throughout the State and develop methods for monitoring and mitigating these risks;

(10) Identify and assess new technologies that may improve wildfire protection efforts in the State;

(11) Have the primary responsibility for reviewing the state fire code and the State and each county's relevant policies to:

(A) Ensure compliance with any applicable federal requirements; and

(B) Identify any inconsistencies between, and inefficiencies in, the state fire code and these policies;

(12) Provide policy recommendations to the governor, legislature, and each county to improve the efficacy of the State and each county's fire protection efforts;

(13) Determine the possible effects of the State and each county's urban expansion initiatives on the State and each county's fire protection efforts, including planning, mitigation, and response coordination efforts, and regularly update any plans developed pursuant to this section to include consideration of these effects;

(14) Coordinate with the Hawaii state emergency response commission to respond to hazardous substance releases;

(15) Coordinate with the Hawaii emergency management agency to improve the State's emergency preparedness activities and ensure the efficient and effective distribution of resources during a state of emergency declared pursuant to section 127A-14 or any conflagration event;

(16) Serve as the primary contact for, and have the primary responsibility for coordinating the fire mitigation efforts of, each applicable federal, state, or county department or agency during each conflagration event in the State, including providing public updates regarding the conflagration event;

(17) Regularly identify areas of the State that are at particular risk of wildfires and include in the annual report to the legislature required under paragraph (19) its findings and recommendations, including any proposed legislation;

(18) Advise the governor on all matters relating to conflagration events in the State; and

(19) Submit a report to the legislature no later than twenty days prior to the convening of each regular session detailing:

(A) The state fire marshal's activities performed during the preceding calendar year;

(B) The State and each county's fire mitigation efforts undertaken during the preceding calendar year;

(D) The information required under paragraph (17);

(E) The funding mechanisms used by the state fire marshal during the preceding fiscal year;

(F) The state fire marshal's expenses incurred during the current and preceding fiscal years; and

(G) Requested funding for the following fiscal year.

(c) Within one year of appointment, the state fire marshal shall receive fire marshal certification from a state fire council-approved program.

(d) The salary of the state fire marshal shall be set in accordance with section 26-56; provided that the commission on salaries' recommendation shall be commensurate with salaries of state fire marshals in other states.

(e) As used in this section, "hazardous substance" shall have the same meaning as in section 128D-1."

SECTION 3. Section 26-56, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, state fire marshal, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Corrections and rehabilitation;

(8) Defense;

(9) Hawaiian home lands;

(10) Health;

(11) Human resources development;

(12) Human services;

(13) Labor and industrial relations;

(14) Land and natural resources;

(15) Law enforcement;

(16) Taxation; and

(17) Transportation.

The commission shall not review the salary of any position in the department of education or the University of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

SECTION 4. Section 132-16, Hawaii Revised Statutes, is amended to read as follows:

"§132-16 State fire council; composition; functions. (a) There is established a state fire council which shall be placed within the department of labor and industrial relations for administrative purposes. The state fire council shall consist of the fire chiefs of the counties. The state fire council may appoint an advisory committee to assist it in carrying out its functions under this chapter. The advisory committee may include the heads of the various county building departments, a licensed architect recommended by the Hawaii Society of the American Institute of Architects, a licensed electrical engineer and a licensed mechanical engineer recommended by the Consulting Engineers Council of Hawaii, a representative of the Hawaii Rating Bureau, a representative of the Hawaii firefighters association, representatives of the county fire departments, and [~~such~~] any other members of the public as the state fire council may determine can best assist it. The state fire council shall elect a chairperson from among its members.

(b) [In] Except as otherwise provided in section 132- , in addition to adopting a state fire code pursuant to section 132-3, the state fire council shall:

(1) Administer the requirements for reduced ignition propensity cigarettes, in accordance with chapter 132C; and

(2) Serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made. Upon the receipt of any [~~such~~] federal grants, the state fire council shall administer those federal grants.

(1) Appoint advisory committees comprised of representatives from each county fire department to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters;

(2) Advise and assist the county fire departments where appropriate[~~, may~~]; prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires[~~, may~~]; approve plans for cooperation among the county fire departments[,]; and [~~may~~] advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county fire departments are generally responsible; and

(3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water‑based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees.

(d) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section."

SECTION 5. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act.

SECTION 6. 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 establishment of one permanent full-time equivalent (1.0 FTE) state fire marshal position and full-time equivalent ( FTE) administrative positions.

The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2793
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII