Bill Text: HI SB2411 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Disaster Preparedness.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2020-01-23 - Referred to PSM, WAM. [SB2411 Detail]

Download: Hawaii-2020-SB2411-Introduced.html

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THE SENATE	S.B. NO.	2411
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to disaster preparedness.

 

 

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

 

     SECTION 1.  The legislature finds that every second counts during an evacuation caused by a natural disaster.  Even a few minutes could make a difference in saving and protecting the lives of the State's residents.  Because Hawaii is a seismically active state, a shallow undersea earthquake could quickly cause destruction to low-lying areas.  The Pacific Tsunami Warning Center notes that a tsunami generated along the southeast coast of the island of Hawaii could reach Hilo or Kona within five to ten minutes, the island of Maui within fifteen to twenty minutes, and the island of Oahu within thirty to forty minutes.  During a locally generated tsunami event, persons in low-lying areas must act quickly to evacuate, which requires roads to be clear and free of obstruction.

     The legislature further finds that large trees planted along thoroughfares that lead to coastal communities could fall and obstruct these roads during an evacuation.  A blocked road may prevent residents from evacuating quickly.  Blocked roads that are the only means to leave an evacuation zone could unnecessarily put lives at risk.  Road obstructions could also prevent emergency response vehicles and personnel from reaching or returning to an evacuation zone following a disaster, cutting off life-saving support from those who critically need it.  The potential for rockfalls, dirt- and debris-filled roads, and eroded roads along the coastline pose similar risks.

     Accordingly, the purpose of this Act is to prevent large trees, rockfalls, dirt and debris, and coastal erosion from obstructing evacuation routes by:

     (1)  Requiring the Hawaii emergency management agency to identify key evacuation routes;

     (2)  Prohibiting the planting of large trees along evacuation routes;

     (3)  Requiring the Hawaii emergency management agency to identify existing large trees along evacuation routes and to trim, spray, or remove the trees if the trees have the potential to obstruct the evacuation route;

     (4)  Requiring the Hawaii emergency management agency to identify areas where rockfalls, dirt and debris, or coastal erosion could potentially obstruct evacuation routes and to take measures to mitigate these risks; and

     (5)  Appropriating funds to the Hawaii emergency management agency.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-     Emergency evacuation routes; prevention of obstructions.  (a)  No later than January 1, 2021, and not less than every five years thereafter, the agency shall compile a list of highways in the State that qualify as an evacuation route, as defined in subsection (f).

     (b)  Beginning July 1, 2021, no person shall plant a large tree within fifteen feet of the roadway portion of an evacuation route.

     (c)  No later than January 1, 2022, the agency shall establish a registry of large trees situated within fifteen feet of the roadway portion of an evacuation route.  The agency shall update the registry on an ongoing basis.

     (d)  If the agency believes a large tree identified pursuant to subsection (c) has the potential to obstruct an evacuation route during an emergency or disaster, the agency shall:

     (1)  Trim, spray, or remove the large tree; or

     (2)  Order a landowner or other person having control over the real property where the tree is situated to trim, spray, or remove the large tree.

     (e)  The agency shall also identify areas where rockfalls, dirt and debris, or coastal erosion could potentially obstruct an evacuation route and take measures to mitigate these risks.

     (f)  As used in this section:

     "Evacuation route" means:

     (1)  Any highway under the jurisdiction of the department of transportation that provides access to:

          (A)  A tsunami evacuation zone;

          (B)  A special flood hazard area; or

          (C)  Any other area that, in the director's discretion, has a reasonably high likelihood of being required to evacuate during an emergency; or

     (2)  Any highway under the jurisdiction of the department of transportation that provides access to an area where at least one hundred persons live, work, or are otherwise present at a particular time; provided that the highway is the only means of access to the area.

     "Highway" has the same meaning as in section 264-1.

     "Large tree" means any plant that has a single trunk and will eventually attain a height of more than fifteen feet.

     "Roadway" has the same meaning as in section 291C-1.

     "Special flood hazard area" means an area identified as a special flood hazard area by the Federal Emergency Management Agency.

     "Tsunami evacuation zone" means an area within a tsunami evacuation zone or an extreme tsunami evacuation zone, as designated by a county emergency management agency."

     SECTION 3.  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 purposes of this Act.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

HEMA; Disaster Preparation; Evacuation Routes; Obstructions; Appropriation

 

Description:

Prohibits the planting of large trees along evacuation routes.  Requires the Hawaii Emergency Management Agency to identify and trim, spray, or remove large trees that have the potential to obstruct evacuation routes.  Requires the agency to identify areas where rockfalls, dirt and debris, or coastal erosion could potentially obstruct evacuation routes and to take measures to mitigate these risks.  Appropriates funds.

 

 

 

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