Report Title:

Disaster Relief; Area Specific Flood Damage

Description:

Enables small businesses that occupy areas damaged by flooding to obtain money from the disaster relief fund.

THE SENATE

S.B. NO.

3171

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to disaster relief.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the recent flooding in the Mapunapuna area of Oahu that occurred in December 2003, has left many area businesses recovering from flood-related damages. The December 2003 rainstorm resulted in some parts of Oahu being inundated by as much as eleven inches of rain in a twenty-four hour period, causing road closures and overflowing steams. Moanalua stream topped its banks near Moanalua Gardens and spilled onto the Moanalua freeway. In Mapunapuna, the situation was aggravated by a high tide that blocked all drainage and forced the stream over its banks.

The legislature further finds that the Mapunapuna industrial area was developed in the 1940s by the Damon Estate and is almost entirely contained within a special flood hazard area. The businesses in the Mapunapuna industrial area are built on a landfill and are sinking, an occurrence that will only ensure that, unless some remedy is initiated, the flooding of Mapunapuna businesses will continue. The unfortunate outcome from this situation is that, through no fault of their own, these businesses must suffer the consequences of periodic floods and any attendant revenue and property loss.

This situation is not restricted to just the Mapunapuna area. Many businesses are forced to cope with financial hardship when recovering from naturally occurring phenomena that result in property damage. Unfortunately, many of these businesses are already struggling financially and have no financial recourse to assist them in restoring their businesses.

The purpose of this Act is to enable businesses to access financial assistance from the major disaster fund.

SECTION 2. Section 127-11, Hawaii Revised Statutes, is amended to read as follows:

"§127-11 [Major disaster] Disaster fund. (a) The director shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the direction of the governor for immediate relief in the event of the occurrence of any [major] disaster in any part of the State; provided that:

(1) The governor may not expend in excess of $1,000,000 for immediate relief of any single [major] disaster; and

(2) Provided further that in addition to the funds in paragraph (1), an additional $1,000,000 shall be available solely for the purpose of matching federal disaster relief funds when these funds become available following a presidential disaster declaration.

In expending the moneys, the governor may allot any portion thereof to any agency, office, or employee, federal, state, or county, for the more speedy and efficient relief of the conditions created by the disasters. The governor may determine whether a [major] disaster contemplated by this section has occurred, and any determination shall be conclusive.

(b) The governor, upon the advice of the mayor of a county that experiences a disaster, may expend moneys under this section for a county declared local disaster that results in the economic loss or property damage to a small business domiciled in the State. In order for a small business to receive financial assistance under this subsection, the local organization for disaster relief shall declare that a local disaster has occurred in the area in which the small business requesting financial assistance is located. In addition, in order to qualify for financial assistance under this section, the owner of the small business shall certify that the owner and the owner's employees were not the cause of the local disaster for which financial assistance is being sought. For the purposes of this subsection, "local disaster", includes damage caused by fire, flood, tidal wave, volcanic eruption, earthquake, or other natural causes and major disasters caused by acts of man, including but not limited to, oil spills, nuclear accidents, airplane crashes, and civil disturbances, and "small business" shall have the same meaning as defined in section 201M-1.

(c) Upon a finding of responsibility for any damages resulting from a disaster caused by an act of man, the governor may act to obtain reimbursement from the responsible party for moneys expended from the disaster fund. All moneys received under this subsection shall be deposited into the disaster fund."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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