Bill Text: HI HB1051 | 2010 | Regular Session | Amended
Bill Title: Energy; Emergency Preparedness; Information Sharing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1051 Detail]
Download: Hawaii-2010-HB1051-Amended.html
Report Title:
Energy; Emergency Preparedness
Description:
Comprehensively addresses deficiencies in Hawaii's energy emergency preparedness statutes; Provides up-to-date policy guidance needed for consistency with current federal and state energy emergency and overall emergency management policies and plans, and to provide definitive guidance on critical energy data analyses functions. Effective 01/01/2020. (HB1051 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1051 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENERGY EMERGENCY PREPAREDNESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that an informed and coordinated response in the restoration of energy services in a disaster is necessary to save lives and protect health, safety, and property, and carry out other energy emergency functions. The legislature also finds that energy data, and statistical and energy economic analysis are integral to the State's role in energy emergency preparedness and in a coordinated response to a disaster.
The legislature finds that one of the principle missions of the department of business, economic development, and tourism includes the administration and sustained operation of Emergency Support Function #12 (Energy) in the State Plan for Emergency Preparedness. This function requires the department of business, economic development, and tourism during any energy emergency to gather and provide information to the governor, the counties, the legislature, and other State agencies, including the department of defense, as rapidly as possible to support statewide emergency management.
The legislature finds that the governing statutes that support this energy emergency function, primarily in chapter 125C, Hawaii Revised Statutes, do not allow the department of business, economic development, and tourism to develop a timely and complete picture of the State's energy situation in an emergency. The legislature finds that current provisions of chapter 125C, Hawaii Revised Statutes, require only importers of fuel to provide emergency data reports, and then only for supply and demand information. Current provisions of chapter 125C do not require energy companies to report critical emergency preparedness information regarding current storage, transport, inventory, supply, demand, production, and capacities, and other up-to-date aspects of Hawaii's energy systems and markets that are essential to the State's federally mandated emergency management role, irrespective of these companies' import status.
The legislature finds that the department of business, economic development, and tourism cannot adequately meet its statutorily defined roles and responsibilities to prepare for, respond to, and support the recovery from all possible energy emergencies with the current deficient laws governing energy emergency planning and preparedness. The legislature also finds that chapter 125C's limitations of data collection authority and lack of accommodation of changed energy markets, and changes of fuel products and specifications preclude the governor's and the energy resource coordinator's (director of the department of business, economic development, and tourism) ability to adequately ascertain the severity and impacts of an energy emergency or fuel shortage in a timely fashion, and, therefore, to determine what response measures may be necessary.
The legislature finds that vital information from non-importing distributors, wholesalers, retailers, and other major energy companies, and more extensive and detailed types of data and information on all aspects of the state's energy systems and market are essential for effective energy system situational analyses and reporting, coordination, and management of energy emergency response and vulnerability mitigation initiatives, preparedness, and exercise functions -- all necessary components to ensure the readiness and robustness of the State's energy emergency preparedness program.
The legislature finds that while chapter 486J, Hawaii Revised Statutes, directs the department of business, economic development, and tourism on how, and for what purposes to use the data collected by the public utilities commission pursuant to chapter 486J, Hawaii Revised Statutes, the data and information collected are inadequate for energy emergency management purposes. The legislature also finds that such indirect reporting mechanisms cannot necessarily be depended upon during an emergency or disaster, nor can time-lagged data reported on weekly or monthly schedules be expected to be effectively responsive to more immediate emergency situations and needs, which frequently change with little or no warning.
The legislature finds this represents an unacceptable situation when considered in the context of the State's role and responsibilities for energy emergency management. The legislature finds that adequate authoritative policy support and enabling functional guidance is needed to meet the following critical energy emergency preparedness needs of the State:
(1) Provide relevant, consistent, and adequate contingency policy guidance to accommodate actual and expected changes in Hawaii's energy (and economic) security and vulnerability, stemming from significant changes in energy and fuel markets;
(2) Update and align key provisions in chapter 125C, Hawaii Revised Statutes, with relevant federal and State overall emergency management laws, and energy emergency management policies and planning guidance stemming from the post-9/11 and post-Katrina evolution of the "all-hazards/all-threats" emergency management context;
(3) Rectify inadequacies in data collection, analysis, and reporting provisions with amendments to accommodate and address the economic and energy systems risks associated with transitional issues and trends relating to both petroleum-based fuels and biofuels; and
(4) Provide improvements and updates to the State's energy emergency policy guidance, an important authoritative basis for energy emergency preparedness programmatic improvements.
In summary, the legislature finds that government's legitimate leadership role in planning for and managing energy emergencies cannot depend solely on cooperative efforts, nor can data and information reported to regulatory agencies for separate, non-emergency purposes be expected to be adequate to support emergency management information needs. Such factors continue to create unacceptable risks to Hawaii's economy, and represent a worrisome situation.
Therefore, the legislature finds that changes to the current laws governing energy emergency preparedness and management are needed to meet critical needs of the State.
SECTION 2. Chapter 125C, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§125C- Information and analysis required for state energy emergency planning and preparedness, mitigation, response, and recovery. (a) The department, with its own staff and agents whom the director designates as authorized representatives, shall use the information, including confidential information, received from all sources, including the information received from the public utilities commission pursuant to chapter 486J, solely to effectuate the purposes of this chapter and chapter 196.
(b) The director shall conduct systematic statistical and quantitative analyses of the State's energy resources, systems, and markets that the director determines are necessary to:
(1) Produce assessments designed to determine and mitigate the potential for energy supply disruptions, and to develop State energy emergency response plans and measures including systematic situational energy analyses, which in the event of energy crisis or supply disruption could assist in determining the nature, scope, severity, and expected duration of such an event, and assess potential and actual economic and other impacts of the crisis, particularly to determine and recommend what, if any, emergency government interventions may be necessary and appropriate, and to implement and evaluate the effectiveness of such emergency interventions;
(2) Conduct systematic statistical, energy, economic, and other relevant analyses for comprehensive energy emergency planning toward determining, measuring, evaluating, formulating, and recommending specific proposals to improve government and industry energy emergency plans and programs, and to support longer term measures to preserve Hawaii's energy security;
(3) Establish and maintain a central repository in the department for collection of existing baseline quantitative and qualitative data and information on Hawaii's statewide energy resources, systems, and markets and their relationships to the economy;
(4) Produce trend analyses and forecasts of energy supply and demand and trend analyses of major aspects of risks to and vulnerabilities of Hawaii's energy resources, systems, and markets; and
(5) Produce other relevant energy analyses that the director deems necessary to administer the energy emergency preparedness and energy supply security policies pursuant to this chapter, and implement and evaluate other related activities in support of the director's role and responsibilities pursuant to chapters 196 and 486J, and other relevant laws.
(c) If the information that the department is authorized to receive from the public utilities commission pursuant to chapter 486J, including confidential information, becomes unavailable, or if such information is determined by the director to be unsuitable in any way for purposes of this chapter, the director is authorized to require that this information and any other relevant information, including confidential information, be reported by distributors to the director.
(d) To conduct the analyses pursuant to this chapter, the director may require distributors to report any other relevant information, including confidential information, at a time and in such form and manner as to be prescribed by the director.
§125C- Reporting requirements. Each major energy producer, major fuel storer, major energy transporter, major energy user, and major energy marketer, on reporting dates as the director may establish, and on forms prescribed, prepared, and furnished by the director, shall submit to the director certified statements. These statements shall include but not be limited to information related to those aspects of their respective Hawaii facilities and operations that are described in this section. These statements shall provide for reporting this information on a statewide consolidated basis, and separately for each county, provided the data for the county of Maui includes each island within that county as follows:
(1) For fuel:
(A) The current volumes, movement, processing, blending, and transformation of fuels beginning with crude oil, feedstocks, ethanol, biodiesel, and other refined petroleum or fuel product imports, through the State's fuel infrastructure, from and between distributors and to all fuel end-users, as well as any exports of these fuels and fuel products out of the state; and
(B) The current capacities and actual inventories, throughput and output of all these entities' infrastructure, including refineries, storage and distribution tanks and terminals, transport modes such as pipelines, barges, and other vessels, and other such critical fuel infrastructure; and
(2) For electricity: the total current loads being generated, energy resources used and fuels consumed, total current electricity being produced, transmitted and sold, and the current electricity flows and use.
§125C- Confidential information. In effectuating the purposes of this chapter, chapter 196, and other relevant laws, for the director to perform the duties pursuant to this chapter, chapter 196, and other relevant laws:
(1) All confidential information received by the director shall be afforded all the protections available under applicable law and shall be held in confidence by the director and the director's staff and agents, or aggregated to the extent necessary in the director's discretion to ensure confidentiality as authorized by chapter 92F;
(2) The director and the director's staff and agents shall preserve the confidentiality and protection of all information received by the director to the extent authorized by law and, by application and extension of any other agency's respective safeguards, protect and prevent the unauthorized further release of the information. Each agency shall afford any shared information the protections from disclosure provided for under chapter 92F;
(3) Each major energy producer, distributor, major energy marketer, major fuel storer, major energy transporter, and major energy user that provides confidential information to the director shall provide written or electronic notification to the director as to the specific information that it considers confidential; and
(4) Unless otherwise provided by law with respect to the information determined confidential or exempt from disclosure under section 92F-13 that the director obtains, purchases, receives, or otherwise acquires, neither the governor nor the director, nor the staff and agents thereof, shall do any of the following:
(A) Use the confidential information for any purposes other than the purposes for which it is acquired;
(B) Make any publication whereby the confidential information furnished by any person can be identified; or
(C) Permit any person other than the governor, the director, the director's staff and agents thereof, to examine any confidential information, individual reports, or statements acquired.
§125C- Definitions. As used in this chapter, unless the context otherwise requires:
"Agent" means a person who is designated by the coordinator as an authorized representative.
"Commission" means the public utilities commission.
"Department" means the department of business, economic development, and tourism.
"Director" means the director of business, economic development, and tourism, who is also the State energy resources coordinator pursuant to chapter 196-3.
"Distributor" means:
(1) Every person who refines, manufactures, produces, or compounds fuel in the state and sells it at wholesale or retail, or who uses it directly in the manufacture of products or for the generation of power;
(2) Every person who imports or causes to be imported into the state, or exports or causes to be exported from the state, any fuel;
(3) Every person who acquires fuel through exchanges with another distributor; and
(4) Every person who purchases fuel for resale at wholesale or retail from any person described in paragraph (1), (2), or (3).
"Electricity" means all electrical energy produced by combustion of any fuel as defined in this section, or generated or produced using wind, the sun, geothermal, ocean water, falling water, currents, and waves, or any other source.
"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever.
"Energy resources" means fuel and electricity as defined in this chapter.
"Fuel" means fuels, whether liquid, solid, or gaseous, commercially usable for energy needs, power generation, and fuels manufacture, that may be manufactured, grown, produced, or imported into the state or that may be exported therefrom, including petroleum and petroleum products and gases to include all fossil fuel-based gases, coal tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural products used as fuels and as feedstock to produce fuels, and all fuel alcohols.
"Major energy marketer" means any person who sells energy resources in amounts determined by the coordinator as having a major effect on the supplies of, or demand for, energy resources.
"Major energy producer" means any person who produces energy resources in amounts determined by the coordinator as having a major effect on the supplies of, or demand for, energy resources.
"Major energy transporter" means any person who transports energy resources in amounts determined by the coordinator as having a major effect on the supplies of, or demand for, energy resources.
"Major energy user" means any person who uses energy resources in the manufacture of products or for the generation of electricity in amounts determined by the coordinator as having a major effect on the supplies of, or demand for, energy resources.
"Major fuel storer" means any person who stores fuels in amounts determined by the coordinator as having a major effect on the supplies of, or demand for, energy resources."
SECTION 3. Chapter 125C, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 125C
[PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS] ENERGY EMERGENCY PREPAREDNESS AND
MANAGEMENT"
SECTION 4. Section 125C-1, Hawaii Revised Statutes, is amended to read as follows:
"§125C-1
Findings and purpose. The
legislature finds that adequate supplies of [petroleum products] energy
resources are essential to the health, welfare, and safety of the people of
Hawaii, and that any severe [disruption in petroleum product supplies] energy
emergency or shortage of energy resources for use within the [State]
state would cause grave hardship, pose a threat to the economic
well-being of the people of the [State,] state, and have
significant adverse effects upon public confidence and order and effective
conservation of [petroleum products.] energy. The purpose of
this chapter is to grant to the governor or the governor's authorized
representative the clear authority, when energy emergencies or shortages
of [petroleum products] energy resources occur or are
anticipated, to control the distribution and sale of [petroleum] fuel
products in this [State,] state to procure such products, and to
impose rules that will provide extraordinary measures for the conservation of
energy and the allocation of [petroleum] fuel products and
for [their] the distribution and sale of fuel in an
orderly, efficient, and safe manner. Another purpose of this chapter is to
grant the clear authority to the director to acquire, use, and analyze relevant
and essential information on Hawaii's energy resources, systems, and markets to effectively plan and prepare for, mitigate against, respond to, and
recover from any energy emergency and preserve the State's energy
security."
SECTION 5. Section 125C-2, Hawaii Revised Statutes, is amended to read as follows:
"§125C-2
"Shortage" defined. As used in this chapter, unless otherwise indicated
by the context, a "shortage" exists whenever the governor determines
that there is an increase in the demand for any [petroleum] fuel
product or there is a decrease in the available supply [for] of
the [petroleum] fuel product in question, or both; and [such]
the decrease in the available supply of or increase in the demand for
the [petroleum] fuel product in question, or both, may cause a
major adverse impact on the economy, public order, or the health, welfare, or
safety of the people of Hawaii and may not be responsibly managed within the [free]
prevailing market distribution system. Further, to plan and prepare
for, mitigate against, respond to, or recover from any declared or anticipated
shortage of fuel products, the governor may require [importers] major
energy producers, distributors, major energy marketers, major fuel storers,
major energy transporters, and major energy users of any [petroleum]
fuel or fuel product [or other fuel] to monitor and report to the
department [of business, economic development, and tourism] relevant [supply
and demand] data[.] and information on all aspects of the State's
energy resources, systems, and markets. The governor shall review the status
of a shortage within one hundred twenty days after the governor's initial
determination of a shortage as defined under this chapter; thenceforth, the
governor shall conduct a review of the shortage to make a new determination
every thirty days until a shortage no longer exists."
SECTION 6. Section 125C-3, Hawaii Revised Statutes, is amended to read as follows:
"§125C-3
Powers in a shortage. When a
shortage as defined in section 125C-2 exists, the governor or the governor's
authorized representative, to ensure that [petroleum] fuel
products are made available to the public in an orderly, efficient, and safe
manner, may:
(1) Control
the retail distribution and sale of [petroleum] fuel products by
adopting rules that may include[,] but are not limited to[,] the
following measures:
(A) Restricting
the sale of [petroleum] fuel products to specific days of the
week, hours of the day or night, odd- and even-numbered calendar days, and
vehicles having less than a specified amount of gasoline in their tanks, with
exceptions for certain designated geographical areas;
(B) Restricting
sales of [petroleum] fuel products by dealers to daily
allocations, which shall be determined by dividing the monthly allocation by
the number of selling days per month;
(C) Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;
(D) Instituting a statewide rationing plan; and
(E) Allowing for special handling for essential commercial and emergency-user vehicles;
(2) Require that a
percentage of [petroleum] fuel products, not to exceed five per
cent, be set aside to alleviate hardship; provided that aviation gasoline set aside
shall not exceed ten per cent;
(3) Purchase and
resell or otherwise distribute [petroleum] fuel products[, and
purchase and resell or otherwise distribute ethanol that is produced within the
State and can be used as a substitute for petroleum products];
(4) Temporarily suspend for the duration of a shortage, or until such time as the governor deems appropriate, standards which may affect or restrict the use of a substitute fuel to meet energy demand;
[(4)] (5) Receive,
expend, or use contributions or grants in money or property, or special
contributions thereof for special purposes not inconsistent with this chapter;
[(5)] (6) Borrow
and expend moneys needed to exercise the powers granted under this section;
[(6)] (7) Contract
in the name of the State for the purpose of implementing this chapter or any
part thereof; and
[(7)] (8) Exercise the powers granted
under this section to the degree and extent deemed by the governor to be
necessary, including the temporary or indefinite suspension of all or part of
the measures taken, as the governor deems appropriate."
SECTION 7. Section 125C-4, Hawaii Revised Statutes, is amended to read as follows:
"§125C-4
Adopting, filing, and taking effect of rules. The governor or the [governor's authorized
representative] director shall
adopt rules pursuant to chapter 91, to [insure] ensure that [petroleum]
fuel products are made available to the public in an orderly, efficient,
and safe manner, to become effective when a shortage, as defined in section
125C-2, exists. If additional and unforeseen measures are required to [insure]
ensure that [petroleum] fuel products are distributed in
an orderly, efficient, and safe manner, the governor or the [governor's
authorized representative] director may proceed without prior notice or hearing or upon such abbreviated
notice and hearing as the governor finds practicable to adopt additional rules
authorized under this chapter with the additional rules to be effective for a
period of not longer than one hundred twenty days without renewal. Any rule so
adopted may be amended or repealed by the governor without prior notice or
hearing or upon abbreviated notice and hearing prior to the expiration of the
one hundred twenty-day period; provided that no amendment shall extend the rule
beyond the original period of one hundred and twenty days. To be effective
after the one hundred twenty-day period, the rules shall be adopted pursuant to
chapter 91. Each rule adopted, amended, or repealed shall become effective as
adopted, amended, or repealed upon approval by the governor and filing with the
lieutenant governor. Each rule in effect shall have the force and
effect of law, but the effect of each rule may be temporarily or indefinitely
suspended by the governor by written declaration filed with the lieutenant
governor. Each rule temporarily suspended shall take effect again immediately
upon expiration of the suspension period. Each rule indefinitely suspended
shall take effect immediately upon the filing with the lieutenant governor of
the written declaration by the governor terminating the suspension. The
rulemaking requirements in this section shall exclusively apply to the implementation
of sections 125C-2 and 125C-3 and part II of this chapter."
SECTION 8. Section 125C-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-6[]]
Petition for adoption, amendment, repeal, or suspension of rules. Any interested person may petition the governor or
the [governor's authorized representative] director requesting the adoption, amendment, repeal, or
suspension of any rule and stating reasons therefor. The governor or the [governor's
authorized representative] director shall prescribe the form for the petitions and the procedures for their
submission, consideration, and disposition, and within thirty days after
submission of the petition, shall either deny the petition in writing,
stating the governor's or the [governor's authorized representative's] director's reasons
for the denial, or grant the petition and adopt, amend, repeal, or suspend the
rule accordingly. The requirements of this section shall exclusively apply
to the implementation of sections 125C-2 and 125C-3 and part II of this chapter."
SECTION 9. Section 125C-8, Hawaii Revised Statutes, is amended to read as follows:
"§125C-8 Personnel; delegation of powers. (a) The director is the governor's authorized representative to fulfill and effectuate the purposes of this chapter.
(b) The governor may appoint or employ temporary boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter. All such temporarily appointed or employed officers and employees, whether or not employed by contract, shall be exempt from and not subject to nor entitled to the benefits of the provisions of chapters 76 and 88, or any other law, collective bargaining agreement, executive order, executive directive, or rule that is inapplicable to temporary employees of the State."
SECTION 10. Section 125C-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-9[]]
Investigations, information collection, and surveys. The governor or the [governor's authorized
representative] director may make investigations, collect
information, including confidential information, and conduct surveys
for the purpose of ascertaining facts to be used in administering this chapter,
and in making the investigations, collecting the information, and conducting
the surveys, may require the making, filing, or keeping of applications,
schedules, records, reports, or statements, under oath or otherwise, administer
oaths, take evidence under oath, subpoena witnesses, and require the production
of books, papers, and records. Witnesses shall be allowed their fees and
mileage as in cases in the circuit courts. The circuit court of any circuit or
judge thereof may enforce by proper proceedings the attendance and testimony of
any witness subpoenaed to appear within the circuit, or the production of
books, papers, and records."
SECTION 11. Section 125C-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-10[]]
Fraud; [misdemeanor.] penalties. Any person required by the governor or the [governor's
authorized representative,] director, pursuant to [section 125C-9,] this chapter, to make, keep,
or file any application, schedule, record, report, or statement, whether or not
under oath, who intentionally makes, files, or keeps a false or fraudulent
application, schedule, report, or statement or intentionally conceals therein
any material fact, and any person who in any other manner intentionally
deceives or attempts to deceive the governor or the [governor's authorized
representative] director with
respect to any fact to be used in administering this chapter, and any person
who intentionally fails to observe and comply with any rule promulgated under
this chapter, shall be [guilty of a misdemeanor.] assessed a civil
penalty of not more than $10,000 per violation."
SECTION 12. Chapter 125C, Hawaii Revised Statutes, is amended by amending the title of part II to read as follows:
"PART II. HARDSHIP SET-ASIDE AND ALLOCATION
OF [PETROLEUM] FUEL PRODUCTS DURING A SHORTAGE"
SECTION 13. Section 125C-21, Hawaii Revised Statutes, is amended to read as follows:
"§125C-21
Definitions. "[Petroleum]
Fuel product" means any fuel subject to the set-aside system
described in this chapter, including heating oils, [light and heavy
diesel oil,] all classifications of diesel fuels, motor gasoline[,]
and all blends of motor gasoline with other fuel products, propane, butane,
residual fuel oils, kerosene, naphtha, biodiesel, ethanol, suboctane motor
gasoline, and aviation fuels used for emergency and essential intrastate
air transport services, but excluding all other aviation fuels.
"Prime supplier" means any individual, trustee,
agency, partnership, association, corporation, company, municipality, political
subdivision, or other legal entity [which] that makes the
first sale of any [liquid fossil] fuel product into the [State]
state distribution system for consumption within the [State.] state."
SECTION 14. Section 125C-22, Hawaii Revised Statutes, is amended to read as follows:
"§125C-22
When set-aside required. When a
shortage as defined in section 125C-2 exists, all prime suppliers shall set
aside supplies of each [petroleum] fuel product for which there
is a shortage. The amount set aside shall be in accordance with [the] any
rules adopted by the [state energy resources coordinator.] director."
SECTION 15. Section 125C-23, Hawaii Revised Statutes, is amended to read as follows:
"§125C-23
Set-aside system. The [state
energy resources coordinator] director shall adopt rules
establishing a [petroleum] fuel products set-aside system. The
purpose of this system shall be:
(1) The protection of public health, safety, and welfare;
(2) The maintenance of public services, utilities, and transportation, including emergency and essential intrastate air transport services;
(3) The maintenance of agricultural operations, including farming, horticulture, dairy, fishing, and related services;
(4) The
preservation of economically sound and competitive industry, through the
equitable acquisition and distribution of [petroleum] fuel
products; and
(5) The
promotion of efficiency, with minimum economic disruptions, during a shortage
of [petroleum] fuel products.
The rules establishing the set-aside system shall be adopted in accordance with chapter 91."
SECTION 16. Section 125C-31, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-31[]
Biennial state] State energy emergency preparedness plan. (a) The department [of business, economic
development, and tourism] shall prepare a comprehensive and integrated [biennial]
State energy emergency preparedness plan to be implemented in the event of, or
in anticipation of, a change in the State's [petroleum] energy
supply or demand situation that is judged by the governor to be unmanageable by
the [free market.] prevailing markets. The department [of
business, economic development, and tourism] shall prepare a [biennial]
state energy emergency preparedness plan [in every even-numbered year]
in accordance with the following:
(1) The
[biennial] state energy emergency preparedness plan shall replace the previous
state energy emergency plan developed by the [energy resources
coordinator,] director, who shall act as the governor's authorized
representative under this chapter;
(2) In
preparing the [biennial] state energy emergency preparedness plan, the
department shall:
(A) Solicit input, comment, and review from the
governor's energy emergency preparedness advisory committee composed of
representatives of federal, state, and county governments; [private energy suppliers;]
distributors, major energy
producers, major fuel storers, major energy transporters, and major energy marketers; consumer and other public interest groups; and the public
at-large; and
(B) Establish other task forces and advisory groups,
as may be deemed necessary, to assist in the preparation and review of the [biennial]
state energy emergency preparedness plan;
(3) The
[biennial] state energy emergency preparedness plan shall be
comprehensive and encompassing, and shall integrate into its analytic and
planning framework the emergency preparedness plans of [electric and
gas utilities and other energy suppliers,] distributors, major energy producers, major fuel storers, major
energy transporters, major energy marketers, and relevant state agencies, including the Hawaii
department of defense, the department of transportation, counties, and such
other entities as deemed appropriate[;] by the director; and
(4) The
[biennial] state energy emergency preparedness plan shall include a
review and update of the previous [biennial] state energy emergency
preparedness plan and [a review of the energy emergency plans prepared by
the counties.] shall be prepared or updated as determined by the
director to be necessary to comport with changes in federal or state overall
emergency management policies and plans which significantly affect the State's
energy emergency preparedness plans or as warranted by changes in Hawaii's
energy security situation.
(b) The department shall prepare an energy
emergency communication plan, which shall be [updated biennially and shall
be] consistent with the energy emergency preparedness plans prepared by the
counties. The energy emergency communication plan shall be used by the State
and counties to communicate and otherwise coordinate state and county actions
taken in response to implementing the [biennial] state energy emergency
preparedness plan."
SECTION 17. Section 125C-32, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-32[]
Biennial county] County energy emergency
preparedness plans. The mayor of each county, or the mayor's authorized
representative, shall prepare a comprehensive county energy emergency
preparedness plan. The plan shall be prepared in coordination with and be
consistent with the [biennial] state energy emergency preparedness plan[,]
and shall be implemented in coordination with the state energy emergency
preparedness plan upon declaration of an energy emergency by the governor. [Not
later than September 30 of every even-numbered year, each county shall prepare
and transmit to the director of business, economic development, and tourism the
county's biennial county energy emergency preparedness plan.]"
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect on January 1, 2020.
