Wildfire safety legislation moves ahead in the Senate

The Senate Judiciary and Ways and Means committees have recommended passage of a House bill that would put into state law fire safety recommendations arising from a Hawaiʻi Attorney General investigation of the August 2023 Maui wildfire disaster. The bill has passed second reading and moves on to third reading in the Senate.

House Bill 1064 House Draft 2 Senate Draft 1 would bolster the statutory authority of the Office of the State Fire Marshal to address a broad spectrum of fire safety issues, spell out responsibilities and reporting structures between the state fire marshal and State Fire Council. The bill also would create an organizational structure to immediately address the state’s fire-safety priorities, including:

• Putting into effect recommendations of the Attorney General’s “Phase 3,” forward-looking report on the Maui wildfires.
• Establishing a State Fire Marshal Selection Commission.
• Placing the Office of the State Fire Marshal under the Department of Defense.

Written comments submitted on the bill included testimony from Dawn Chang, chair of the Board of Land and Natural Resources.

Chang said the Department of Land and Natural Resources supports an amendment to House Draft 2 of the bill to have the Office of the State Fire Marshal report directly to the governor.

The office “must function as a centralized authority, independent of local jurisdictions but in close collaboration with county and state fire and emergency management departments,” she said. “Reporting directly to the Governor’s Office will provide the (office) with the executive support needed to fulfill its statewide mandate, oversight and coordination.”

She also recommended lawmakers provide the office with at least $2 million in funding to adequately support its re-establishment.

Major General Stephen Logan, adjutant general and director of the Hawaiʻi Emergency Management Agency, told lawmakers the state Department of Defense supported taking the Office of the Fire Marshal under its wing.

“The State Fire Marshal is currently located in the Department of Labor and Industrial Relations,” Logan said. That department’s “focus on labor-related issues is distinctly different from disaster preparedness and emergency response. The Department of Defense mission aligns with disaster readiness, response coordination and public safety making it a more appropriate location for fire protection and emergency management functions. It further co-locates the State Fire Council and the Office of the State Fire Marshal.”

Also, “the bill will improve consistency with National Best Practices, such as those of other states, who house their oversight of fire safety under their emergency management or emergency services divisions,” Logan said. “Additionally, it will enhance resource allocation and administrative synergy. The Department of Defense already provides logistical and administrative support for emergency response entities, allowing the State Fire Marshal and Office of the State Fire Marshal to leverage existing infrastructure.”

The Department of Defense has a concern with a “relative lack of experience and technical expertise in fire management” until the office’s organizational structure is established, he said.

“Wildfires are a growing threat and Hawaiʻi’s vulnerability to wildfires, as seen in recent events, necessitates a change,” Logan said. “Passage of this bill would clarify the role of the State Fire Marshal and facilitate unity of effort with the State Fire Council thereby increasing the readiness and resilience of the State against fire related disasters.”

The Attorney General’s final report organized the findings from the Lahaina Fire Comprehensive Timeline Report (Phase One) and Lahaina Fire Incident Analysis Report (Phase Two). It provided a prioritized list of action items for the state and all counties to prepare for and respond to future wildfires. 

The report includes recommendations and provides guidance for each county fire department to complete a community risk assessment, community risk reduction plan and standards of cover analysis. It also includes a review of the fire codes and standards adoption, as well as  use processes for Maui County.

A committee report on the bill is available here.

The committees reported finding that “the devastating 2023 Maui wildfires exposed significant vulnerabilities and inadequacies in the state’s ability to prepare for and respond to wildfires, with one of the greatest vulnerabilities being the current lack of a State Fire Marshal.  While the Legislature created the position of State Fire Marshal in 2024, the position has not yet been filled and has no staff, budget, or office. Establishing a fully functional state fire marshal office was named the second highest priority in the Fire Safety Research Institute’s ‘Phase 3’ forward-looking report of actions to improve the state’s response to wildfires.”