Hawaii-2011-SB582-Introduced

PART I

SECTION 1. In times of emergency, any county in the State may be vulnerable to shortages of potable and non-potable water. As an island state, every county in Hawaii is isolated geographically from each of the other counties. As the most important resource to sustain life is water, the legislature finds that each county should be able to depend on another county as a source of water supply during times of emergency when the lack of water in sufficient quantity threatens the public health and welfare.

The purpose of this part is to establish procedures for an inter-county mutual aid sharing of water in times of emergency.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COUNTY MUTUAL AID SHARING OF FRESH WATER

§ ‑1 Purpose. The purpose of this chapter is to establish a system of expedited access to a county's water supply by another county in times of emergency.

§ ‑2 Definitions. As used in this chapter:

"County" refers to the city and county of Honolulu, the county of Maui, the county of Kauai, and the county of Hawaii.

"Emergency" means the absence in a county of a sufficient quantity and quality of potable water or non-potable water, which results in a threat to the public health and welfare, including drought conditions.

"Non-potable water" means water that is unsafe or unpalatable to drink because it contains pollutants, contaminants, minerals, or infective agents, but that may otherwise be suitable for irrigation, cooling towers, toilet flushing, and related uses.

"Potable water" means water that is suitable for drinking; provided that the water is of sufficiently high quality, as determined by the board of water supply of the county providing the water, that it may be consumed or used without risk of immediate or long term harm to humans, including for use in bathing and cooking.

§ ‑3 Mutual aid agreement of assistance. (a) There is established a mutual aid network of assistance among the counties under which a county shall provide potable water and non-potable water to another county during times of emergency; provided that the mayor of an affected county petitions the governor to declare that there exists an emergency within the affected county.

(b) For purposes of subsection (a), each board of water supply of a county or other county agency having regulatory jurisdiction over water shall develop a master agreement to provide for the sharing of potable water and non-potable water between the counties in times of emergency. The master agreement shall address:

(1) The shipping or transmission of potable water and non‑potable water from one county to another county; and

(2) Issues covering liability, indemnification, workers' compensation, reimbursement of expenses, and sharing of equipment, personnel, and other resources to effectively respond to the emergency.

(c) The model mutual aid and assistance agreement for intrastate water and wastewater agency response network (WARN) may be used as a master agreement for purposes of this chapter; provided that the model agreement may be modified to appropriately apply to state or county conditions.

§ ‑4 Military assistance. The governor may request the assistance of the United States military branches to assist in implementing the master agreement."

PART II

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII STATEWIDE MUTUAL AID SYSTEM

§ ‑1 Definitions. As used in this chapter:

"Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, tsunami, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, or other public calamity, including an energy emergency.

"Homeland security" means any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency.

"Mutual aid" means a homeland security activity or activities in response to a disaster.

"Organized volunteer group" means the American National Red Cross, Salvation Army, Civil Air Patrol, or other similar organization recognized by federal or state law.

"Requesting county" means a county requesting mutual aid assistance under the system.

"Responding county" means a county providing mutual aid assistance in response to a request under the system.

"System" means the Hawaii statewide mutual aid system, to be activated in times of disaster or homeland security activity. The system includes counties that are signatory to a written mutual aid agreement as well as those counties that are not signatories.

§ ‑2 Emergency management directors. (a) The mayor of each county is designated as the emergency management director for the county for purposes of this chapter.

(b) An emergency management director shall serve as the governor's designated agent in the administration and supervision of duties under this chapter.

(c) An emergency management director shall appoint a county employee to serve as an emergency management coordinator. The emergency management coordinator shall serve as an assistant to the emergency management director for the conduct of emergency management activities for purposes of this chapter.

§ ‑3 County mutual aid. (a) A county shall render mutual aid to another county under a written mutual aid agreement executed among each of the counties at the discretion of a particular county; provided that there shall be a single mutual aid agreement among all the counties.

(b) An organized volunteer group may independently render mutual aid to another county, without regard to subsection (a), while acting in accordance with the policies, ordinances, and procedures established by the governing body of the organized volunteer group.

§ ‑4 Special statewide mutual aid program for fire emergencies. The office of the governor, in consultation with fire protection agencies of each county, may develop a special statewide mutual aid program for fire emergencies, without the necessity of a written mutual aid agreement.

§ ‑5 Creation of the Hawaii statewide mutual aid system. (a) The Hawaii statewide mutual aid system is established to provide integrated statewide mutual aid response capability between counties that are signatories to a written mutual aid agreement, as well as those counties that are not signatories.

(b) A request for mutual aid assistance between signatory counties shall be made in accordance with the provisions of a written mutual aid agreement in effect when the request is made. The terms of the mutual aid agreement shall govern the rights and obligations between the signatory counties.

(c) The governor shall determine the nature and extent of the aid to provide to a requesting county that is not a signatory county.

§ ‑6 Administration by the department of defense. (a) The state department of defense shall administer the system. In administering the system, the department shall encourage and assist political subdivisions in planning and implementing comprehensive all-hazards emergency management programs, including assisting political subdivisions to ensure that the local emergency management plan of each subdivision adequately provides for the rendering and receipt of mutual aid.

(b) The adjutant general shall serve as the state director of homeland security for purposes of this chapter.

§ ‑7 Disaster districts. (a) Each island shall constitute a disaster district. A disaster district shall engage in homeland security preparedness and response activities in accordance with this section.

(b) A disaster district committee shall be established for each disaster district. The mayor of a county shall select the members of a disaster district committee; provided that membership be composed of county representatives of state agencies, boards, commissions, and organized volunteer groups within the disaster district.

(c) Each disaster district committee shall coordinate emergency activities within the disaster district to ensure that state and federal emergency assets are made available as needed to provide the most efficient and effective response possible.

(d) The adjutant general shall appoint a commanding officer from each county's police department to serve as chair of each disaster district committee. The chair shall:

(1) Inform and advise as appropriate, the governor, mayor, and state director of homeland security on all matters relating to disasters and emergencies as requested by the governor, mayor, or state director of homeland security; and

(2) Assist the disaster district committee and provide guidance, counsel, and administrative support to the committee.

§ ‑8 Procedures for mutual aid. A written mutual aid agreement shall specify the procedures regarding the manner in which mutual aid is to be provided to signatory counties.

§ ‑9 Requesting and providing mutual aid assistance. (a) A request for mutual aid assistance may be submitted in writing to the governor by the mayor of a signatory or non‑signatory county.

(b) The governor, upon consultation with the state department of defense, may issue an executive order to require any county to provide the requested assistance, without regard to whether the requesting or responding county is a signatory to a written mutual aid agreement.

§ ‑10 Assessment of ability to render assistance. (a) A responding county shall assess local resources to determine availability of personnel, equipment, and other assistance to respond to the request. A responding county shall provide assistance to the extent that personnel, equipment, and resources are determined to be available.

(b) A responding county shall not be required to provide mutual aid assistance unless the county determines that it has sufficient resources to provide mutual aid assistance, based on current or anticipated events in its jurisdiction.

§ ‑11 Supervision and control. When providing mutual aid assistance under the system:

(1) The response effort shall be in accordance with the National Incident Management System guidelines of the Federal Emergency Management Agency, United States Department of Homeland Security;

(2) The personnel, equipment, and resources of a responding county being used in the response effort shall be under the operational control of the requesting county unless otherwise agreed;

(3) Direct supervision and control of personnel, equipment, and resources and personnel accountability shall remain the responsibility of the designated supervisory personnel of the responding county;

(4) Unless otherwise agreed to in advance, an emergency medical service organization providing assistance under the system shall use the medical protocols authorized by the organization's medical director;

(5) The designated supervisory personnel of the responding county shall:

(A) Maintain daily personnel time records, material records, and a log of equipment hours;

(B) Be responsible for the operation and maintenance of the equipment and other resources furnished by the responding county; and

(6) The responding county's personnel and other resources shall be subject to recall at any time upon reasonable notice to the requesting county.

§ ‑12 Duration of aid. The provision of mutual aid assistance under the system may continue until the earlier of:

(1) The services of the responding county are no longer required; or

(2) The requesting or responding county determines that further assistance should not otherwise continue to be provided.

§ ‑13 Rights and privileges. A county employee of a responding county shall receive, and the responding county shall pay, the same wages, salary, pension, and other compensation and benefits, including injury or death benefits, disability payments, and workers^, compensation benefits, for the performance of the duties under the system.

§ ‑14 Reimbursement of costs; state request or federal disaster declaration. (a) For an incident resulting in the issuance of a disaster declaration by the President of the United States, the state department of defense shall administer all requests by a responding county for reimbursement for costs associated with providing mutual aid assistance, upon reimbursement procedures developed by the state department of defense.

(b) The state department of defense may directly request the provision of mutual aid assistance from any county that is signatory to a written mutual aid agreement in times of a disaster declaration by the President of the United States. If the state department of defense requests the provision of assistance from a responding county, the State shall reimburse the actual costs of providing assistance, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the responding county. The State shall pay reimbursements from available state funds.

(c) If federal funds are available to pay costs associated with the provision of mutual aid assistance under subsection (b), the state department of defense shall:

(1) Make the claim for the eligible costs of the responding county on a grant application to the federal government; and

(2) Disburse the federal share of the funds to the responding county, with supplemental state funds sufficient to cover the actual costs incurred by the responding county in providing the assistance.

§ ‑15 Reimbursement of costs by requesting county in the absence of a federal disaster declaration . (a) If a requesting county requests mutual aid assistance from another county under the system in times other than during a federal disaster declaration, the requesting county shall reimburse the responding county for the actual costs of providing mutual aid assistance, including but not limited to the costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation incurred by the responding county in response to a request for reimbursement.

(b) The requesting county shall pay the reimbursement from available county funds. If federal funds are available to pay costs associated with the provision of mutual aid assistance, the requesting county shall:

(1) Make the claim for the eligible costs of the responding county by requesting a federal grant or sub-grant; and

(2) Disburse the federal share of the funds to the responding county, with sufficient local funds to cover the actual costs of the responding county in providing assistance."

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	582
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII