The final phase of the state Department of the Attorney General’s investigation of the Aug. 8, 2023, Lahaina wildfire, which killed 102 people, recommends hiring a state fire marshal and actions government must take to protect communities from wildfires.
The 61-page Lahaina Fire Forward-Looking Report was released Tuesday by state Attorney General Anne E. Lopez.
In the U.S. the “destruction and loss of life” caused by the Maui fires of Aug. 8-9, 2023, are “unprecedented in modern times,” according to the findings.
“The Phase Three report contains detailed recommendations and plans that state and county leaders can begin implementing today. Several of these recommendations will require collaboration between federal, state, and county agencies,” said Lopez in a statement. “The tragic fires in Los Angeles County highlight the need for action, where climate change continues to make major fire disasters more frequent. Responsible governance requires we now work together to make the necessary improvements to prevent future disasters of this magnitude from happening again.”
Maui County said in a statement that it will closely study the Fire Safety Research Institute report.
“We appreciate FSRI’s forward-looking report that details the State’s priorities, provides direction to all four counties and offers a review of the County of Maui’s building and fire codes.
“As we continue our island’s rebuilding efforts, we welcome opportunities to learn more about how our County can strengthen systems and policies to support safeguarding our community.
“Our team will be reviewing the details contained in the Phase Three report and remain committed to our community’s safety.”
The state investigation that began Aug. 11, 2023, did not uncover any criminal activity, and state officials have said Hawaii does not have any criminal statutes applicable to what happened in West Maui that deadly day.
A $4 billion global agreement was announced in August to settle the hundreds of lawsuits filed against Hawaiian Electric, Maui County, the state, large landowners and other defendants by victims’ families, survivors, property owners and other plaintiffs.
Lopez contracted the FSRI to handle the state investigation into the response to the fatal fires.
“It is vital to reiterate, as demonstrated throughout this report, that no single factor is, or set of factors are, directly responsible for the tragic outcome,” wrote Steve Kerber and Derek Alkonis of FSRI. “The pre- conditions for these fires have been in the making for decades, stemming from the changing landscape of Maui Nui, more frequent extreme weather events, and the increased frequency of vegetation-fueled fires. It is important to note these same conditions exist across the State of Hawaii, in numerous other locations throughout the United States, and around the globe.”
The U.S. Department of Justice’s Bureau of Alcohol, Tobacco Firearms and Explosives worked with the Maui Department of Fire and Public Safety to determine the fires started when downed power lines reenergized at about 6:34 a.m. that day and ignited overgrown vegetation that violated the county fire code near a utility pole off of Lahainaluna Road.
The ATF deemed the fire to be accidental.
The third phase of findings “prioritizes a list of action items the state and all counties can use to make improvements to Hawaii’s future preparation for and response to wildfires” and includes recommendations on how to address each priority.
The report also includes guidance for “each county fire department to complete a Community Risk Assessment, Community Risk Reduction plan, and a Standards of Cover analysis,” according to the report.
Each of these components is “in progress,” and FSRI has provided the state and counties with “guidance documents.”
The staffing of an Office of the State Fire Marshal and getting state agencies to comply with the recommendations made during the course of the FSRI probe are top priorities.
An increase from the $172,000 currently budgeted for a fire marshal’s office needs to be increased and sustained, according to the findings.
FSRI is working with Lopez’s department and the Hawaii Wildfire Management Organization to address the setup of the state office. The final phase of the report includes a review of “fire codes and standards adoption and use processes,” Maui county officials said.
“Statewide wildfire prevention is led by the non-profit Hawaii Wildfire Management Organization (HWMO) without state funding,” read the report.
Establishing “dedicated and sustained funding for HWMO” to support the coordination and implementation of wildfire prevention and preparedness efforts, “especially for communities and land stewards,” is essential moving forward.
Regular fire weather briefings for first responders from the National Weather Service, staffing for severe fire weather conditions, consistent vegetation management, and communication between Maui County and state emergency managers were among the 84 findings and recommendations in phase three.
Investigators also found that actionable “extreme weather forecasts were provided to fire chiefs and emergency managers” prior to the August 2023 West Maui and upcountry fires.
“However, adjusting staffing for extreme weather events and their resultant risk of extreme fire behavior was not standard,” wrote FSRI investigators. “There is little perceptible difference between Hawaii Red Flag criteria and a typical summer day, which may have contributed to the emergency manager’s response to the forecast.”
FSRI recommended county officials assign a “point of contact within the MFD who is tracking weather conditions, and is disseminating that information to the rest of the department” and across partner agencies.
Establishing standard operating procedures for red flag and severe fire weather warning conditions that include pre-positioning assets and increasing staffing and communicating with the public to aid “residents in translating the foretasted conditions and risks into evacuation readiness” are key to preparing for fire weather.
FSRI also suggested engaging “federal partners to assist in refining Red Flag criteria to be commensurate with appropriate fire danger” that is actionable by policymakers, emergency managers and responders, and the public.
“Limited written traffic plans or guidelines for emergencies and escalating incidents” were in place before the fatal fires broke out.
Investigators noted that first responders didn’t have the keys to open gates blocking escape routes and should work with landowners and stewards to ensure access to evacuation routes are open or shared.
“Roadways and evacuation routes were not adequately maintained prior to August 8, 2023, to sustain effective evacuation efforts during the fire event,” wrote investigators.
FSRI recommended that county officials “identify, name, map, and provide signage” on dirt roads that serve as alternate egress/evacuation routes so residents and emergency responders refer to them by the same name.
Investigators suggested inspecting and maintaining dirt roads annually, modernizing them and, “where feasible,” widening roads to accommodate more parking and traffic and provide room for emergency vehicles.
On Friday the Hawaiian Electric Co. formalized a three-year plan to reduce future wildfire risks in a new report filed with state regulators.
The utility’s wildfire safety strategy is expected to cost $450 million to implement over three years through 2027 after $120 million spent on wildfire risk mitigation in 2024.
Hawaiian Electric’s 179-page report was filed Friday with the state Public Utilities Commission to comply with an order issued in September.
Also Tuesday, the Federal Emergency Management Agency approved the state’s request to extend the period of Financial Assistance and Direct Temporary Housing Assistance for an additional 12 months, through Feb. 10, 2026, according to a statement from FEMA.
The initial 18-month period was set to expire Feb. 10.
Survivors in FEMA’s Direct Housing Program have received their 30-, 60- and 90-day notification letters regarding imminent rent collection.
“The rent collection that begins on March 1, 2025, is based on the U.S. Department of Housing and Urban Development’s Fair Market Rent along with the household’s ability to pay. Survivors have been encouraged to keep in contact with their FEMA re-certification advisor,” read the FEMA notification.
