HB982 imposes strict limits on how much HECO can be forced to pay wildfire victims. Even if the company’s negligence contributed to a fire, the total financial liability is capped—no matter how many homes were lost or how severe the damage. That means families may receive only a fraction of what they deserve.

Under this bill, victims who accept payouts from the recovery fund give up the right to sue for pain and suffering, emotional distress, and other non-economic damages. Even those who reject fund payouts face legal barriers under the new limits, making it harder to get full justice through the courts.

The bill allows compensation from the wildfire fund without requiring proof of negligence—but in return, it also protects HECO from being held fully accountable. Instead of traditional liability standards, HB982 relies on a vague “prudence review” years after the fact, weakening the ability to enforce real responsibility.

The “prudence review” process gives the Public Utilities Commission—not the courts—the authority to determine if HECO should repay any money to the fund. But even then, repayment is capped at just 20% of the utility’s equity base, and only if systemic failures are proven—not just employee mistakes.

By rewriting liability laws, HB982 shifts the legal landscape in favor of utilities. It abolishes joint and several liability, restricts future lawsuits, and forces wildfire victims to navigate a system built to protect the bottom line—not people’s homes, land, or livelihoods. This is not real justice—it’s legal immunity.