THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii is vulnerable to catastrophic natural disasters such as earthquakes, tsunami, floods, volcanic eruptions, and high winds that can devastate communities. The legislature also finds that there is a need for all sectors of communities throughout the State to prepare for and perform relief activities after disasters. As community members are often the first at the scene of a disaster, the incorporation of multisector preparation programs and community groups into disaster preparedness plans increases the scope and efficacy of disaster relief activities, manages the risks associated with disasters, and mitigates the hardship of these crises.
The purpose of this Act is to improve the State's preparedness for and response to communities affected by disasters.
SECTION 2. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:
"§107-27 Design of [
No later than one year after the adoption of codes or standards pursuant
to section 107-24(c), the design of all state building construction shall be in
compliance with the Hawaii state building codes, except state building
construction shall be allowed to be exempted from:
(1) County codes that have not adopted the Hawaii state building codes;
(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or
(3) Any county code amendments that are contrary to code amendments adopted by another county.
(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.
(c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.
(d) All public buildings constructed after January 2021 shall be designed to withstand category four and higher hurricanes and to be used as shelters in the event of an emergency."
SECTION 3. Section 127A-3, Hawaii Revised Statutes, is amended to read as follows:
§127A-3[ ]] Hawaii emergency
management agency. (a) There is established within the department of
defense the Hawaii emergency management agency.
The adjutant general shall serve as the director of Hawaii emergency
management and, subject to the direction and control of the governor, shall
oversee the agency.
(b) There shall be an administrator of emergency management who shall be appointed, and may be removed, by the director, and who shall have at least three years of experience leading emergency management efforts at the local, state, or federal level. The administrator of emergency management shall be the civilian head of and responsible for the day-to-day operations of the agency. The administrator of emergency management shall report to the director. The administrator of emergency management shall, in the absence of the director, have all the duties and responsibilities of the director, and shall report directly to the governor. The administrator of emergency management shall not be subject to chapter 76.
(c) The administrator may, from funds allotted therefor, employ technical, clerical, administrative, and other personnel and make such expenditures as may be necessary.
(d) The administrator shall coordinate the activities of the agency with all county emergency management agencies, other state agencies, other states, or federal agencies involved in emergency management activities, and all organizations for emergency management within the State, whether public or private, and shall maintain liaison and cooperate with all county emergency management agencies, other state agencies, other states, or federal agencies involved in emergency management activities as provided in this chapter.
(1) The department of health shall establish a statewide inventory of:
(B) Dialysis centers and the number of patients who can be treated at each dialysis center per day; and
(C) Other medical facilities,
for disaster and emergency preparedness and response infrastructure. The inventory shall be updated annually; and
(2) The department of accounting and general services shall establish a statewide inventory of generators to provide backup power for disaster and emergency preparedness and emergency response infrastructure. The inventory shall be updated annually.
(e) The agency shall perform emergency management functions within the territorial limits of the State. In performing its duties, the agency shall:
(1) Prepare a state comprehensive emergency management plan, which shall be integrated into and coordinated with the emergency management plans of the federal government. The plan shall be integrated by a continuous, integrated comprehensive emergency management program. The plan shall contain provisions to ensure that the State is prepared for emergencies and minor, major, and catastrophic disasters. In preparing and maintaining the plan, the agency shall work closely with agencies and organizations with emergency management responsibilities;
(2) Assign lead and support responsibilities to state agencies and personnel for emergency functions and other support activities;
(3) Adopt standards and requirements for county emergency management plans. The standards and requirements shall ensure that county plans are coordinated and consistent with the state comprehensive emergency management plan;
(4) Make recommendations to the legislature, building code organizations, and counties for zoning, building, and other land use controls; and other preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact;
(5) Anticipate trends and promote innovations that will enhance the emergency management system;
(6) Institute statewide public awareness programs. This shall include intensive public educational campaigns on emergency preparedness issues, including but not limited to the personal responsibility of individual citizens to be self-sufficient for up to fourteen days following a natural or human-caused disaster;
(7) Coordinate federal, state, and local emergency management activities and take all other steps, including the partial or full mobilization of emergency management forces and organizations in advance of an actual emergency, to ensure the availability of adequately trained and equipped forces of emergency management personnel before, during, and after emergencies and disasters;
(8) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs. This shall include a continuous training program for agencies and individuals that will be called on to perform key roles in state and local post-disaster response and recovery efforts and for local government personnel on federal and state post-disaster response and recovery strategies and procedures;
(9) Adopt standards and requirements for state agency emergency operating procedures and periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the state comprehensive emergency management plan and program; and
(10) Coordinate, in advance whenever possible, such executive orders, proclamations, and rules for issuance by the governor as are necessary or appropriate for coping with emergencies and disasters.
(f) The agency shall establish a statewide inventory of twenty-four satellite phones for state and county agencies to use during and after disasters."
SECTION 4. Section 127A-19, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) For purposes of this section,
"shelter" includes any structure, excavation, or other
facility or item used or useful for the protection of persons[
any public building constructed after January 2021 that meets the requirements
of section 107-27(d)."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for:
(1) The hiring of four full-time equivalent (4.0 FTE) logistic planners and one full-time equivalent (1.0 FTE) grants manager, with employee competencies in emergency response planning and allocation of resources; and
(2) The Hawaii emergency management agency to review shortages related to non-perishable food, water, medicines, and other essential items in emergency response planning and allocation of resources where need is greatest or not sufficiently provided by the Federal Emergency Management Agency.
The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the department of agriculture to:
(1) Procure and store enough non-perishable food to provide assistance for fourteen days to at least one million individuals affected by natural disasters; and
(2) Ensure that food stocks are appropriately rotated to preserve usable resources and dispose of surplus or rotated food stocks by donation to the respective food banks in each county, when appropriate.
The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050; provided that sections 5 and 6 and shall take effect on July 1, 2050.
Emergency Management; Disaster Preparedness and Response; Appropriation
Improves the State's preparedness and response to disasters. Requires statewide inventories of hospitals, dialysis centers, and medical facilities; satellite phones; and generators to provide backup power. Appropriates funds for positions related to emergency response planning and allocation of resources and for non-perishable food in natural disasters. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.