Yesterday, Governor Green enacted legislation to solidify the global settlement for claims relating to the August 2023 Maui wildfires and to further codify the role of Hawai‘i’s first State Fire Marshal in nearly 46 years.
The legislation includes:
HB 1001: RELATING TO SETTLEMENT OF CLAIMS RELATED TO THE MAUI WILDFIRES
House Bill 1001 (Act 301) establishes the Maui Wildfires Settlement Trust Fund to provide dedicated funding for those affected by the 2023 Maui wildfires. The bill appropriates $807.5 million to support the state’s contribution in the settlement of claims, which shall be deposited into the trust fund. Additional contributions to the state fund include funding from the County of Maui, Hawaiian Electric, Kamehameha Schools, Charter Communications/Spectrum, Hawaiian Telcom and West Maui Land Company.
Recipients of compensation from the settlement trust fund shall agree to release the state and any additional parties that contribute to the fund from all further liability arising from the Maui wildfires.
The measure emphasizes providing meaningful compensation by specifying that property and casualty insurance companies can only recover payments made to a policyholder through a statutory lien. This provision demonstrates the state’s commitment to prioritizing the individuals affected by the wildfire to receive claims directly.
The settlement agreement totals $4.037 billion and resolves claims of liability against multiple defendants, including the County of Maui. The agreement aims to reduce the legal load of the judicial system while avoiding the high costs associated with litigation.
HB 1064: RELATING TO FIRE PROTECTION
In accordance with the Fire Safety Research Institute’s three-phase report — developed to improve fire preparedness and response following the August 2023 Maui wildfires — House Bill 1064 (Act 302) effectuates the recommendations provided in “Phase 3” of the report. Phase 3 focuses on the forward-looking portion of the investigation and proposes improvements to the Office of the State Fire Marshal, which was originally established under Act 209, Session Law of Hawai‘i 2024.
Under Act 302, the Office of the State Fire Marshal is transferred to the Department of Law Enforcement and will be led by the State Fire Marshal. The legislation further clarifies the roles, duties, and discretionary authority of both the Office and the State Fire Marshal, supporting the state’s efforts to provide coordinated, statewide fire prevention and readiness strategies. To enhance coordination between the Office of the State Fire Marshal and the State Fire Council, the bill outlines responsibilities and the organizational structure related to matters such as reporting and recommending amendments to the state fire code.
The bill requires the Fire Chief of each county to investigate and maintain an annual record of fire occurrences. These records must be submitted to the Office of the State Fire Marshal for centralized analysis. The county submissions will assist the State Fire Marshal in compiling biennial statistical reports, including those made available to the public and those submitted to the Legislature.
Lastly, HB 1064 establishes the State Fire Marshal Selection Commission and defines its roles and structure. The selection commission will be given the authority to appoint and remove the State Fire Marshal, evaluate the State Fire Marshal’s performance, and address matters of public interest.
There is $2.2 million appropriated in fiscal year 2026 and an equal amount for fiscal year 2027 to support the establishment and operations of the Office and State Fire Marshal.
AP Photo
