Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: SB2983 SD1 HD1 CD1 (ACT 128).

2026 Regular Session

Creates a new misdemeanor crime for intentionally destroying public trees on state or county property, plus restitution equal to the tree’s replacement value.

Received.

#act128

Summary of SB2983, SD1, HD1, CD1 (ACT 128) — Hawaii, 2026

Purpose and intent

To address criminal wrongdoing involving trees on state or county property by creating a new criminal offense and establishing penalties related to the destruction or substantial damage of trees on public land.

The act clarifies liability and restitution for damaged trees and provides a mechanism to deter and penalize harm to publicly owned trees.

Key provisions and changes

Establishes new statutory crime: criminal destruction of a tree on state or county property.

Offense: A person intentionally or knowingly fells, injures, or destroys a tree on state or county property by means other than fire, in a way that substantially diminishes the value of the tree or substantially damages the potential value of the tree.
Without consent: The act applies only when such conduct occurs without the consent of the State or the relevant county.

Penalties:

The offense is classified as a misdemeanor.
In addition to standard penalties for the crime, the offender must pay restitution to the State or county equal to the replacement value of the tree. The replacement value is determined by an arborist designated by the appropriate state or county authority.

Effective date:

The act takes effect upon approval by the Governor (June 24, 2026).

Who and what is affected

Affected entities:

State and county properties where trees are located.
State or county authorities responsible for arborist evaluations and enforcement.

Individuals:

Any person who intentionally or knowingly destroys, injures, or fells a tree on state or county property without permission.

Impacts on enforcement:

Creates a new offense for public land-tree destruction, enabling prosecutors to pursue misdemeanor charges and mandate restitution based on tree replacement value.

Procedural and timeline details

Legislative history indicates passage in both chambers with Final Reading approvals in May 2026.

Governor’s approval completed June 24, 2026, with publication as ACT 128.

The law becomes effective upon the Governor’s approval date.

Practical considerations and potential impacts

Deterrence: By criminalizing destruction of public trees and requiring restitution, the bill seeks to deter vandalism and protect public natural resources.

Restitution mechanism: Replacement value determined by an arborist provides a concrete method to compensate the public for environmental and aesthetic losses.

Scope: Applies to trees on state or county property; does not cover private land unless explicitly connected to a state or county property context.

Enforcement considerations: Requires coordination with arborists for accurate replacement valuations and with law enforcement for misdemeanor prosecutions.

If you’d like, I can provide a concise one-page briefing for policymakers or a side-by-side comparison with existing environmental/criminal provisions in Hawaii law.