GEORGE F. LEE / GLEE@STARADVERTISER.COM

Gov. Josh Green, flanked by Mayor Rick Blangiardi, Police Chief Arthur “Joe” Logan and Fire Chief Sheldon Hao, spoke at an HPD press conference regarding the deaths and injuries suffered earlier on Wednesday, Jan. 1, 2025 on Keaka Drive following a massive fireworks explosion.

The call for stricter fireworks laws was immediate in the aftermath of the deadly New Year’s tragedy at 4137 Keaka Drive in Aliamanu.

Starting at the top with Gov. Josh Green and Honolulu Mayor Rick Blangiardi, lawmakers and other leaders are again demanding to get a handle on contraband fireworks that each year create massive, illegal blasts that light up the skies in nearly every neighborhood on Oahu.

“Right now, people are taking terrible risks with other family members and the community,” Green said at a news conference Wednesday, while also expressing condolences to the loved ones of the victims and imploring residents to prioritize safety. “Soon, you’ll probably be taking a risk with your own freedom,” Green warned. “I don’t think anybody should want to go to jail for five years or pay tens of thousands of dollars of fines.”

In addition to the tragedy that killed three women and injured dozens of others in Aliamanu, a 19-year-old man suffered fatal injuries in a separate fireworks-related incident Tuesday night in Kalihi amid dozens of other reported injuries.

As the toll climbed Wednesday, authorities turned their focus to tougher enforcement and stiffer penalties.

State law establishes times during certain holiday periods — New Year’s, Lunar New Year and the Fourth of July — and other restrictions for the legal use of consumer fireworks such as sparklers and fountains but also allows the counties to set their own stricter rules.

Since Jan. 2, 2011, consumer fireworks have been banned on Oahu.

State law also prohibits possession of aerial devices, display fireworks or other pyrotechnic articles without a valid license.

Unauthorized possession or use of fireworks is a Class C felony carrying a penalty of up to five years in prison and fines up to $10,000.

Despite these regulations, fireworks are often set off in residential areas throughout the year, particularly during the holiday season from Thanksgiving through New Year’s Day.

According to Honolulu Police Department Chief Joe Logan, a preliminary review of surveillance footage, witness statements and other evidence from the fatal blast suggests that shortly after midnight, a party attendee lit an aerial fireworks “cake” containing multiple smaller fireworks packed in a box in the driveway near the carport of the home.

When lit, the cakes fire a series of fireworks into the air in quick succession, creating a display of colorful explosions. In this case, the cake tipped over, causing an aerial firework to ignite two nearby crates containing additional fireworks, triggering a massive and deadly explosion.

Blangiardi expressed his anger and frustration with the fireworks-related deaths and injuries, saying, “No one should have to endure such pain due to reckless and illegal activity. This incident is a painful reminder of the danger posed by illegal fireworks.

‘They put lives at risk, they drain our first responders, and they disrupt our neighborhoods. But most heartbreakingly, this tragedy was entirely preventable. New Year’s Eve should be a time of joy, not danger. Yet the growing prevalence of illegal fireworks on our island has turned it into a night of risk and devastation. Year after year, this threat persists, and it must stop.”

Blangiardi said he is committed to taking decisive action on illegal fireworks for the sake of public safety.

“We will coordinate with federal and state agencies to strengthen law enforcement, impose tougher penalties, explore new technologies because they exist, and implement a united effort to stop the import of illegal fireworks into our harbors and airports,” he said.

The state’s Illegal Fireworks Task Force established under Green in 2023 has reported seizing large quantities of illegal fireworks, and its efforts include intercepting shipments of illegal fireworks, often from overseas, and disrupting the supply chain.

In its first year, a total of approximately 93.5 tons of illegal fireworks was confiscated, followed by more than 20 tons in 2024.

In early December 2023, the task force said it seized about 16 tons of fireworks from a shipping container, primarily containing aerials. Later that month, it confiscated an additional 17 tons from another container. Just before New Year’s Day a year ago, the task force reported making another significant seizure, confiscating 17.5 tons of illegal fireworks during a routine inspection.

Illegal fireworks, however, continue to filter in to Hawaii.

“Aerial fireworks are a part of our culture,” said state Rep. Gregg Takayama (D, Waiau-Pearl City-Pacific Palisades). “But we have to recognize that they’re also illegal, and that they’re illegal for a reason: They can be dangerous.”

Takayama introduced House Bill 2193 that became Act 208, which strengthened Hawaii’s Fireworks Control Law by increasing the authority of the Illegal Fireworks Task Force. He emphasized the need for continued efforts, particularly targeting large-scale offenders. He also called for increased funding for the task force.

State Sen. Glenn Wakai, who represents the Salt Lake area where deadly explosion occurred, said the carnage was preventable and urged the community to recognize the risks.

“It was more than an accident. An accident would be one of those rockets going off. I mean, these guys had a stash of stuff there,” Wakai said. “So, sure, it was not meant to go off that way. But they had full intention of shooting off way more than they could possibly handle.”

He noted that after decades of legislative action, the issue remains a significant problem and the community needs to recognize the problem and say “enough is enough.” However, Wakai said he isn’t confident about seeing meaningful change.

“Obviously, (the seizure) wasn’t enough, and I don’t really know what it’s going to take for us as a community to wake up in the new year to see that shooting aerial fireworks is not the right way to bring in a new year. It’s the most tragic way to usher in a new year,” he said.

Jordan Lowe, director of the state Department of Law Enforcement, said the seizures by the task force are still under investigation, and fireworks smugglers — and buyers — could face prosecution.

“It’s very frustrating, and when you look at this group of criminals who import illegal fireworks with no regard for the community or the safety of the public just to make a profit … like I said, it’s very frustrating, very discouraging,” he said.

Fireworks have long been a tradition in Hawaii, rooted in Chinese culture and local celebrations.

“It is cultural. We all understand that. But I think we need to start working with the public more in terms of education, because it is dangerous,” Lowe said. “We just saw what happened. And even in the past, regularly, in Hawaii, at least one individual would die as a result of a fireworks mishap. It’s been pretty regular that you might have a house burn down because of a mishap with fireworks, an accident with fireworks.

“We don’t deserve that. The public doesn’t deserve that.”

President-elect Donald Trump described himself as the “law-and-order” candidate during his campaign and promised to do things like expand the death penalty, deploy the National Guard to quell civil unrest and increase liability protections for police.

His pro-police, tough-on-crime stance is likely good news for morale and recruitment efforts, according to officials and experts. But civil rights activists fear that his policies could set back criminal justice reform efforts, and that his promise to deport undocumented immigrants could have a negative impact on public safety.

While many policing policies are decided at the state and county levels, Trump’s decisions could directly affect issues such as the availability of federal grant opportunities for local police departments, according to Jillian Snider, adjunct lecturer at John Jay College of Criminal Justice in New York. His statements about police and criminal justice issues can also set the tone for the entire nation.

“Right now, police officers across the country are pretty disheartened, and we’ve seen recruitment and retention are suffering,” she said. “So I think having a president in place that vocally expresses his admiration and appreciation for law enforcement will be really good for the job on the whole.”

Law enforcement officials aren’t sure how local police departments will be affected during President-elect Donald Trump’s second term. While he can’t directly impact policies and procedures for local departments, his agenda and rhetoric could set the tone departments around the country. (David Croxford/Civil Beat/2024)

Trump’s actions during his first term shed light on his attitude toward law enforcement. For example, he rescinded a President Barack Obama-era executive order prohibiting local police departments from acquiring military equipment and deployed soldiers to help local police quell protests.

Recruitment and Retention

In Trump’s “Plan to End Crime and Restore Law and Order” released in February 2023, the president-elect said he would invest in hiring, retention and training for police officers at record levels, though he didn’t specify how much he would invest or how he would impact hiring.

Members of his transition team did not respond to emails seeking comment for this story.

Honolulu police Chief Joe Logan has said recruitment is his top priority as the department suffers an ongoing staffing shortage and is down around 400 officers.

Honolulu police Chief Joe Logan has said his top priority is recruitment as his department deals with an ongoing staffing shortage of around 400 officers. Experts say Trump’s rhetoric and general positive attitude toward police could boost morale and attract more people to the profession, though it’s unclear if that will happen in Hawaii. (Kevin Fujii/Civil Beat/2024)

Snider, a retired New York City police officer, said it’s difficult to say if Trump’s administration will be able to help recruitment efforts, though she said his rhetoric and general attitude toward police could boost morale and interest in the profession.

Since 2020, police staffing levels have dropped across the country, a phenomenon many law enforcement officials attribute in part to the Covid-19 pandemic as well as the killing of George Floyd and ensuing Black Lives Matter movement, which increased public scrutiny of police actions.

Last year, staffing levels for departments nationwide were up for the first time since 2020, though only by 0.4%, according to a survey by the Police Executive Research Forum.

The president can’t do much to directly impact recruitment at local levels, but, Snider said she expects Trump’s administration will be supportive of any legislative efforts to increase hiring.

One bipartisan bill introduced in Congress last year, the VICTIM Act, would establish a grant program to help local jurisdictions with their clearance rates for violent crime by providing funds for them to hire more detectives and investigators, she said.

Staffing levels at police departments across the country have been declining since 2020. Trump has promised to increase the hiring of police officers nationwide, though he has not specified how.(David Croxford/Civil Beat/2024)

The bill was referred to the House Judiciary Committee, but Snider said she expects it to be reintroduced next session and it may advance if Trump supports it.

During the campaign, Trump was endorsed by the Fraternal Order of Police, one of the most influential law enforcement lobbies in the U.S. He responded by pledging strong support for police and expanded use of force. “We have to get back to power and respect,” he said in September.

The State of Hawaii Organization of Police Officers did not endorse a candidate for president.

Federal Grants

Local police departments receive millions of dollars each year in federal grants, and Snider said Trump’s administration is likely to impose more accountability over the process.

In fiscal year 2023, the Honolulu Police Department received around $7.7 million in federal grant money, including an $800,000 Edward Byrne Memorial Justice Assistance Grant for a virtual reality training program on de-escalation.

The Honolulu Police Department received around $7.7 million in federal grant money in fiscal year year 2023, including an $800,000 Edward Byrne Memorial Justice Assistance Grant for virtual reality de-escalation training. (David Croxford/Civil Beat/2023)

Last fiscal year, agencies around the state, including county police departments and prosecutors offices, the state Attorney General’s Office, the Domestic Violence Action Center and the University of Hawaiʻi, received $19.8 million in federal justice grants for things like substance abuse treatment for prisoners, school violence programs and mentoring for children of incarcerated parents.

When asked at a December Honolulu Police Commission meeting how he thinks federal grants will be impacted under the new administration, Logan said he wasn’t sure because even though Trump seems to “friendly” toward law enforcement, the president-elect also places a strong emphasis on fiscal responsibility.

Trump has said he plans to create a Department of Government Efficiency headed by Tesla CEO Elon Musk and Vivek Ramaswamy, founder of the pharmaceutical company, Roivant Sciences, to cut government spending and restructure federal agencies, including the Department of Justice.

“I don’t think we’re going to see reduced funding for law enforcement, but I just think we’re going to see more accountability for the funding that law enforcement is provided with,” Snider said.

Immigrant Worries

The American Civil Liberties Union Hawaii said Trump’s promise to deport millions of undocumented immigrants could push some further underground and prevent them from cooperating with police due to concern about themselves or family members.

Gov. Josh Green has said the state’s National Guard will not be used to help with federal deportations and has promised to do all he can to keep immigrant families in Hawaii together.

But still, the threats from the Trump administration alone can be enough to instill fear in people and drive them underground, said Carrie Ann Shirota, policy director for the ACLU of Hawaii.

“The idea about community policing is to build more trust with communities that often are the most under-resourced and more likely to be policed,” she said. “So these measures at the federal level undermine the very principals of community policing.”

Police Reform

Criminal justice reform advocates have also expressed concern about the potential impact of Trump’s support for policies like the death penalty, longer prison sentences for convicted criminals and stop and frisk, a police practice in which an officer can stop a person and pat them down if they suspect he or she is carrying a weapon.

Hawaiʻi abolished capital punishment in 1957, two years before statehood, but Hawaii residents convicted of federal crimes can still face the death penalty.

Trump has promised to expand certain rights for gun owners, for example passing a nationwide concealed carry reciprocity law that would allow gun owners with concealed carry permits to travel to every state, even those like Hawaiʻi that don’t honor out-of-state permits.

State Sen. Karl Rhoads, chairman of the Senate Judiciary Committee, said he doesn’t know how much further the Trump administration will be willing to go. A 2022 Supreme Court ruling known as the Bruen decision already opened the door for Hawaii gun owners to be able to carry their weapons in public. More extreme laws that would weaken background checks and make it easier for people to buy guns would be extremely unpopular with a majority of Americans, he said.

“I don’t think he really wants to go any farther because it’s bad politics and it’s bad policy,” he said.

Nearly 10,000 people joined a Black Lives Matter march at the Hawaii State Capitol in 2020. Civil rights advocates worry that another Trump administration will bring more police violence against protesters. (Cory Lum/Civil Beat/2020)

Members of the ACLU of Hawaii are worried Trump might rescind a 2022 executive order issued by President Joe Biden aimed at advancing accountability in policing and boosting public trust in police departments. The order includes mandates to increase use of force and implicit bias training for state and local departments and restricts law enforcement from buying certain types of military equipment, such as armored vehicles, weaponized drones and long-range acoustic devices.

Trump’s support of military gear for police departments as well as his use of soldiers to crack down on protesters during his first term, makes advocates nervous about the potential for police violence in the coming years, Shirota said.

“The use of military weapons and equipment can certainly increase excessive force outcomes and possibly even deadly outcomes,” she said.

Supporters of police and protesters faced off outside Honolulu District Court in July 2021 during a preliminary hearing for three officers charged in connection with the fatal shooting of 16-year-old Iremamber Sykap. Members of the ACLU Hawaii fear Trump’s return to office could mean a weakening of police accountability. (Ronen Zilberman/Civil Beat/2021)

A bill that would have prohibited police from acquiring military gear and using certain types of equipment, such as bean bag projectiles and tear gas, on protesters was introduced in the Hawaii Legislature in 2022. It was referred to the Judiciary Committee, but it didn’t advance.

Meanwhile, Trump’s own felony convictions could also undermine his purported commitment to uphold the rule of law, Rhoads said.

The Senate judiciary chair said he doesn’t know of any plans to reintroduce the military equipment bill in the upcoming session, or any other bills aimed at reducing the potential effects of future Trump policies. Lawmakers may be waiting to see what his first year back in office brings before figuring out what actions to take, he said.

“We don’t know what he’s going to do,” he said. “Some promises he keeps and some of them he doesn’t, and what the net effect is going to be for Hawaii and the country I just don’t know.”

Hawaiian Electric Co. customers would have to pay $4 more per month under a proposal to create a settlement fund meant to bolster the power company’s battered credit rating in an era of catastrophic wildfires.

The proposed $1 billion Hawaii Wildfire Recovery Fund, capitalized with the new fees, would be used to pay property damage claims related to future wildfires, according to a draft bill being circulated to Hawaiʻi lawmakers, who reconvene next month. The proposal would also limit HECOʻs liability from property claims due to wildfires, even those which the companyʻs equipment starts, such as the devastating Lahaina fire in 2023.

Wall Street once viewed privately owned power companies like HECO as rock solid credit risks. But lawsuits from wildfires, such as the one that killed 102 people and destroyed much of Lahaina in 2023, changed the math.

HECOʻs credit rating is now at junk-bond status, in part because it is on the hook to pay out billions to victims of the fire that was started by its equipment. The risk of claims from potential future fires is another factor.

HECO’s proposal is far from a done deal. Lawmakers declined to give the utility a blank check to bail it out last session. And at least one key lawmaker briefed on this year’s measure has voiced concerns about raising bills for customers who already pay three times the national average for electricity.

A fire sparked by a fallen Hawaiian Electric Co. power line killed 102 people and destroyed most of Lahaina in 2023. The risk of such catastrophic fires has driven up borrowing costs for not only HECO, but scores of electric companies in the U.S. (Kevin Fujii/Civil Beat/2023)

The trade publication Utility Dive reported in October that the credit ratings of nearly 100 utilities have been downgraded since 2020 due to wildfire risk.

Another stated goal — which HECO poses as a public benefit — is to create an efficient alternative to expensive and time-consuming litigation. Jim Kelly, the company’s vice president for government relations and corporate communications, stressed the bill wouldn’t prevent people from pursuing claims in court instead of accessing the fund.

“The fund has been the thing that they have told us was their highest priority to stabilize the company from the beginning,” said Sen. Jarrett Keohokalole, who held hearings on HECO-related bills last session as chair of the Senate Commerce and Consumer Protection Committee.

“Absolutely,” HECO’s Kelly said, when asked if the fund was HECO’s top priority. “It’s number one.”

The Cost Of Wildfire Risk

For HECO customers, the equation is simple: wildfire risk — including mitigation measures to reduce it — will invariably be baked into the cost of electricity. The question is how to keep those costs as low as possible.

As HECO sees it, the first step is to rehabilitate its credit rating.

After the Maui fires, corporate rating agencies tanked HECO’s credit rating, meaning the company must pay higher interest rates to borrow money. Such costs can be passed to Hawaii ratepayers, who already pay the nation’s highest electricity rates, according to the U.S. Energy Information Administration.

HECO is in continuing talks with the three main rating agencies — Fitch Ratings, Moody’s and S&P Global — Kelly said. While the agencies aren’t promising anything, they are providing guidance on policies Hawaii and HECO can adopt to shore up the company’s credit rating, Kelly said.

“They’re more than willing to share their insight,” he said

In fact, the key elements of HECO’s policy playbook for 2025 are outlined in a paper titled “Liability reform will be key to support credit quality of utilities in wildfire-prone states,” which Moody’s published in November. The paper focuses on the problem that wildfire risks poses for utilities nationally, particularly in U.S. western states.

Hawaii’s fund would be similar to a $21 billion fund established in California and a $1 billion fund proposed for Utah.

Hawaii Sen. Jarrett Keohokalole says the challenge facing Hawaiian Electric Co. is simple: “Nobody will lend them any money because there’s too much risk.” (David Croxford/Civil Beat/2024)

But Moody’s recommends more than merely establishing a fund. It also calls for limiting the utilities’ liability. HECO’s proposed bill would do this by limiting HECO’s liability for damages.

The third element of Moody’s risk reduction outline requires utilities to establish operational measures to prevent wildfires from happening in the first place.

“When a state establishes definitive fire prevention and response guidelines or certification programs, it is strongly credit positive for regulated utilities because it ensures that their actions can be assessed transparently and reduces the risk of hindsight bias following a fire,” Moody’s says.

HECO is seeking to establish this by regulation. It plans to submit a wildfire mitigation plan for review and approval by the Public Utilities Commission in January.

The goal, Kelly said, is to enable HECO to borrow money for capital improvements at reasonable rates. The status quo is a recipe for higher costs, he said.

“If we don’t get a better credit rating, that is going to impact people negatively,” Kelly said.

Keohokalole put it more simply.

“Nobody will lend them any money because there’s too much risk,” he said.

‘Just, Just, Just’ Adds Up

Still, establishing the fund will cost HECO customers. HECO essentially wants to borrow the $1 billion and pay it back with new fees charged directly to customers, a process called securitization. Such securitized loans wouldn’t be burdened by HECO’s junk-bond credit rating; the debt gets paid back as long as people pay their electric bills, allowing HECO to borrow at lower interest rates.

“It’s like having a gold-plated co-signer,” Kelly said.

Kelly noted the public utilities commission would have to approve any new fee charged to customers.

Kelly also noted that the bill calls for ratepayers to be paid back the fees they had paid, possibly through a bill offset, if HECO hadn’t needed to tap into the fund during its first 10 years. However, Kelly said it was not clear how that would work.

Future property damage claims also could be paid quickly, according to a formula, without the need for lawsuits. Kelly noted that a third of the $4.04 billion proposed settlement for the Lahaina fires — more than $1 billion — would likely go to plaintiffs’ lawyers, many of them located outside of Hawaii.

Hawaii Sen. Glenn Wakai, who chairs the Energy and Intergovernmental Affairs Committee, said he supports a bill to help HECO bolster its credit rating in concept, but also says, “HECO better have a clear plan on how they’re going to reduce costs for customers.” (David Croxford/Civil Beat/2024)

Key lawmakers say they are willing to entertain the bill.

Keohokalole helped kill a securitization bill during the last session. That was largely because the company had no clear plan on how it intended to spend the money.

“Last year there were just black holes,” he said. “This time is way different.”

The company’s proposed, $4.04 billion settlement is pending approval by the Hawaii Supreme Court, which could happen as soon as February. Keohokalole said he would be reluctant to support the bill if HECO can’t get the settlement finalized. But if the settlement is approved and it’s clear the new fund would be used only for future claims, Keohokalole said he would be comfortable supporting securitization.

“If we’re at the 2-yard line, I might be willing to bail out HECO,” he said.

Sen. Glenn Wakai, who chairs the Senate Committee on Energy and Intergovernmental Affairs, also expressed conditional support for the bill, but would prefer a fund that could protect parties in addition to HECO. He also wants residential customers to get something in return.

“If HECO’s going to charge $48 more a year, HECO better have a clear plan on how they’re going to reduce costs for customers as well,” he said.

Wakai said he’s aware that HECO’s proposal breaks down to “just $4” a month per household. But he said such seemingly small price increases are what have created Hawaii’s notoriously high cost of living.

“After a while, ‘just, just, just’ adds up to ‘big, big, big’ for ratepayers,” he said.