Bill Text: HI SB3088 | 2022 | Regular Session | Amended
Bill Title: Relating To Emergency Management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB3088 Detail]
Download: Hawaii-2022-SB3088-Amended.html
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THE SENATE |
S.B. NO. |
3088 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
Section 127A-1, Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:
"(a) Because
of the existing and increasing possibility of the occurrence of disasters or
emergencies of unprecedented size and destructiveness resulting from natural or
[man-made] human-caused hazards, and in order to ensure that the
preparations of this State will be adequate to deal with such disasters or
emergencies; to ensure the administration of state and federal programs
providing disaster relief to individuals; and generally to protect the public
health, safety, and welfare, and to preserve the lives [and],
property [of the people], and environment of the State, it is hereby found and declared
to be necessary:
(1) To provide for emergency management by the State, and to authorize the creation of local organizations for emergency management in the counties of the State;
(2) To confer upon the governor and upon the mayors of the counties of the State the emergency powers necessary to prepare for and respond to emergencies or disasters;
(3) To provide for the rendering of mutual aid among the counties of the State and with other states and in cooperation with the federal government with respect to the carrying out of emergency management functions;
(4) To permit out-of-state utilities to provide services in the State pursuant to a mutual assistance agreement with a state utility to repair, renovate, or install electrical or natural gas facilities that have been damaged, impaired, or destroyed due to or in connection with such disasters or emergencies; and
(5) To provide programs, in cooperation with other governmental agencies, the private sector, and nonprofit organizations, to educate and train the public to be prepared for emergencies and disasters."
SECTION 2. Section 127A-2, Hawaii Revised Statutes is amended by amending the definition of "disaster" to read as follows:
""Disaster"
means any emergency, or imminent threat thereof, which results or may likely result in
loss of life [or],
property, or environment, and requires, or may require, assistance from
other counties or states or [from] the
federal government[.] or from private agencies."
SECTION 3. Section 127A-2, Hawaii Revised Statutes, is
amended by amending the definition of "emergency" to read as follows:
""Emergency"
means any occurrence, or imminent threat thereof, which results or may likely
result in substantial injury or harm to the population or substantial damage to
or loss of property[.] or substantial damage to or loss of the
environment."
SECTION 4. Section 127A-2, Hawaii Revised Statutes, is
amended by amending the definition of "hazard" to read as follows:
""Hazard"
means an event or condition of the physical environment that results or may
likely result in damage to property [or], injuries or death to individuals
[and which], or damage to the environment that may result in an
emergency or disaster."
SECTION 5. Section 127A-2, Hawaii
Revised Statutes, is amended by amending the definition of "local state of
emergency" to read as follows:
""Local state of emergency" means
the occurrence in any part of a county that requires efforts by the county
government to save lives, and to protect property, environment, public
health, welfare, or safety in the event of an emergency or disaster, or to reduce
the threat of an emergency or disaster."
SECTION 6.
Section 127A-2, Hawaii Revised Statutes, is amended by amending the
definition of "state of emergency" to read as follows:
""State of emergency" means an
occurrence in any part of the State that requires efforts by state government to
save lives and protect property, environment, public health,
welfare, or safety in the event of an emergency or disaster, or to reduce the
threat of an emergency or disaster, or to supplement the local efforts of the
county."
SECTION 7. Section 127A-3, Hawaii Revised
Statutes, is amended by amending subsection (e) to read as follows:
"(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 management 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 the 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."
SECTION
8. Section 127A-12, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as
follows:
"(b) The governor may exercise the following powers pertaining to emergency management:
(2) Lease, lend, or otherwise furnish, on such
terms and conditions as the governor may consider necessary to promote the
public welfare and protect the interest of the State, any real or personal
property of the state government, to the President of the United States, the
armed forces, or to the emergency management agency of the United States;
(3) Enter into, participate in, or carry out
mutual aid agreements or compacts for emergency management or emergency
management functions with the federal government and with other states;
(4) Sponsor and develop mutual aid plans and
agreements for emergency management between the State, one or more counties,
and other governmental, private-sector, and nonprofit organizations, for the
furnishing or exchange of food, clothing, medicine, and other materials;
engineering services; emergency housing; police services; health, medical, and
related services; firefighting, rescue, transportation, and construction
services and facilities; personnel necessary to provide or conduct these services;
and such other materials, facilities, personnel, and services as may be
needed. The mutual aid plans and
agreements may be made with or without provisions for reimbursement of costs
and expenses, and on such terms and conditions as are deemed necessary;
(5) Take possession of, use, manage, control, and
reallocate any public property of the State, real or personal, required by the
governor for the purposes of this chapter, including airports, parks,
playgrounds, and schools, and other public buildings. Whenever the property is so taken, the
governor may make such provision for the temporary accommodation of the
government service affected thereby as the governor may deem advisable;
(6) Utilize all services, materials, and
facilities of nongovernmental agencies, relief organizations, community
associations, and other private-sector and nonprofit organizations that may be
made available;
(7) Receive, expend, or use contributions or
grants, which shall be deemed to be trust funds, in money, property, or
services, or loans of property, or special contributions or grants in money,
property, or services, or loans of property, for special purposes provided for
by this chapter; establish funds in the state treasury for the deposit and
expenditure of the moneys; procure federal aid as the same may be available;
and apply the provisions of chapter 29 in cases of federal aid, even though not
in the form of money. The contributions
or grants are appropriated for the purposes of this chapter, or for the special
purposes;
(8) Purchase, make, produce, construct, rent,
lease, or procure by condemnation or otherwise, transport, store, install,
maintain, and insure, repair, renovate, restore, replace or reconstruct, and
distribute, furnish or otherwise dispose of, with or without charges, materials
and facilities for emergency management; and to procure federal aid therefor
whenever feasible. Chapter 103D and
sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to
any emergency management functions of the governor to the extent that the
governor finds that the provisions, in whole or in part, impede or tend to
impede the expeditious discharge of those functions, or that compliance
therewith is impracticable due to existing conditions;
(9) Provide for the appointment, employment,
training, equipping, and maintaining with compensation, or on a volunteer basis
without compensation and without regard to chapters 76, 78, and 88, of such
agencies, officers, and other persons as the governor deems necessary to carry
out the purposes of this chapter; to determine to what extent any law
prohibiting the holding of more than one office or employment applies to the
agencies, officers, and other persons; and subject to provisions of this chapter,
to provide for the interchange of personnel, by detail, transfer, or otherwise,
between agencies or departments of the State;
(10) Make charges in such cases and in amounts as
the governor deems advisable, for any property sold, work performed, services
rendered, or accommodations or facilities furnished by the State under this
chapter;
(11) Make or authorize contracts as may be
necessary to carry out this chapter;
(12) Establish special accounting forms and
practices whenever necessary;
(13) Require each public utility, or any person
owning, controlling, or operating a critical infrastructure facility as
identified by the governor, to protect and safeguard its or the person's
property, or to provide for the protection and safeguarding thereof; and provide
for the protection and safeguarding of all critical infrastructure and key
resources; provided that without prejudice to the generality of the foregoing
two clauses, the protecting and safeguarding may include the regulation or
prohibition of public entry thereon, or the permission of the entry upon terms
and conditions as the governor may prescribe;
(14) Restrict the congregation of the public in
stricken or dangerous areas or under dangerous conditions;
(15) Direct and control the non-compulsory evacuation
of the civilian population;
(16) Order and direct government agencies,
officials, officers, and employees of the State, to take action and employ
measures for law enforcement, medical, health, firefighting, traffic control,
warnings and signals, engineering, rescue, construction, emergency housing,
other welfare, hospitalization, transportation, water supply, public
information, training, and other emergency functions as may be necessary, and
utilize the services, materials, and facilities of the agencies and officers. All agencies and officers shall cooperate
with and extend their services, materials, and facilities to the governor as
the governor may request;
(17) Provide for the repair and maintenance of
public property, whenever adequate provision therefor is not otherwise made;
insure the property against any emergency or disaster; provide for the
restoration, renovation, replacement, or reconstruction of insured property in
the event of damage or loss; and make temporary restoration of public utilities
and other critical infrastructure facilities in the event of an emergency or
disaster;
(18) Fix or revise the hours of government
business; and
(19) Take any and all steps necessary or appropriate to carry out the purposes of this chapter notwithstanding that those powers in section 127A-13(a) may only be exercised during an emergency period."
SECTION 9. Section 127A-16, Hawaii Revised Statutes, is amended
by amending subsection (e) to read as follows:
"(e) Any unspent funding under $2,500,000 shall be
rolled over to the next fiscal year to support current
and future emergencies and disasters."
SECTION 10. Section
127A-19, Hawaii Revised Statutes, is amended by amending subsections (a), (b),
and (c) to read as follows:
"(a)
The [governor] agency
may establish guidelines for providing suitable arrangements and accommodations
for the sheltering of the public and the sheltering of pet animals in public
shelters under this chapter.
(b) County emergency management agencies shall [identify,
in] be responsible for the identification, operation, and coordination
of sheltering with private and nonprofit organizations engaged in
emergency management functions relating to providing shelter or the management
or operation of a public shelter under this chapter, locations and facilities
suitable for the sheltering of the public and locations and facilities suitable
for the sheltering of pet animals.
(c) The administrator or director of the county
emergency management agency [may identify, in] shall be responsible
for the identification, coordination [with], and integration of
private owners, operators, or controllers of real property, private locations [and],
or facilities that are suitable for use as shelters of the public or of pet
animals[.] into emergency sheltering operations."
SECTION 11. Statutory material to be
repealed is bracketed and stricken. New
statutory material is underscored.
SECTION 12. This Act shall take effect upon its approval.
Report Title:
Department of Defense; Hawaii Emergency Management Agency
Description:
Amends sections 127A-1(a), -2, -3(e), - 12(b), - 16(e), -19(a), (b), and (c), Hawaii Revised Statutes, to be consistent with the current practices, policies, and procedures of the State Emergency Management Program and with the prevailing emergency management best practices. Adds wordings that highlight the intent of the State, Governor, and emergency management agencies to address environmental and climate impacts on emergency management. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
