SB2783 HD1

SECTION 1. Chapter 431, Hawaii Revised Statutes, is amended by adding two new sections to article 22 to be appropriately designated and to read as follows:

"§431:22-A Standards for the award of grants; earthquake resistive devices. (a) Subject to the availability of funds and the standards in this article, grants for earthquake resistive devices shall be awarded by the commissioner:

(1) That reimburse fifty per cent of costs incurred for the earthquake resistive devices and their installation, up to a maximum total reimbursement of $5,000 per dwelling;

(2) On a first-come, first-served basis, as determined by the commissioner; and

(3) For an earthquake resistive device or devices installed only in a single- or multi-family residential dwelling.

(b) Grants shall be awarded for the installation of the earthquake resistive devices that meet the description, specifications, engineering content, installation procedures, guidelines, and requirements that shall be developed and determined by the commissioner in the commissioner's sole discretion. The commissioner, in the commissioner's sole discretion, may amend, narrow, or expand the definitions, description, specifications, and requirements of earthquake resistive devices.

(1) Met the descriptions, specifications, guidelines, and requirements established by the commissioner for the grant program;

(2) Filed a completed application form, as determined solely by the commissioner, together with all supporting documentation required by the commissioner;

(3) In the case of a building with multiple dwellings, filed together completed grant applications for all dwellings in the building, for installation of earthquake resistive devices;

(4) Installed an earthquake resistive device or devices that meet the standards established, designated, and approved by the commissioner;

(5) Fully paid, prior to applying for the grant, the cost of the earthquake resistive device or devices, as well as the installation costs for which the grant is sought. The grant shall be used to reimburse only these costs or a portion thereof;

(6) Hired an inspector, determined by the commissioner to be qualified in accordance with the requirements of the commissioner, who has verified in writing that the installation of the earthquake resistive device or devices is complete, and is in compliance with the grant program specifications, guidelines, and requirements, as determined by the commissioner;

(7) Installed the earthquake resistive device or devices after July 1, 2008;

(8) Provided any other information deemed necessary by the commissioner; and

(9) Met all additional requirements needed to implement the grant program as determined by the commissioner.

§431:22-B Appropriations; uses. Moneys appropriated for the loss mitigation grant program may be used to pay for the costs of administering, operating, and marketing the grant program, as determined by the commissioner."

SECTION 2. Section 431:22-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Earthquake resistive devices" means devices and techniques as identified and determined by the commissioner, in accordance with section 431:22-A, that increase a building's or structure's resistance to damage from earthquakes and seismic forces."

SECTION 3. Section 431:22-103, Hawaii Revised Statutes, is amended to read as follows:

"[[]§431:22-103[]] Establishment of loss mitigation grant program. (a) The commissioner shall develop and implement a pilot grant program to encourage the installation of wind and earthquake resistive devices. The commissioner may spend up to $6,000,000 from the loss mitigation grant fund over [~~three~~] six years for the grant program, which amounts shall include the costs of administering, operating, and marketing the grant program.

(b) For the first year of the grant program, the commissioner may make grants only to former policyholders of the Hawaii hurricane relief fund. From the second year onward, the commissioner may also make grants to all single or multi-family residential owners, which may include owners of townhouse units or condominium apartments under section 431:22-104(c)(3)."

SECTION 4. Section 431:22-104, Hawaii Revised Statutes, is amended to read as follows:

"§431:22-104 Standards for the award of grants[.]; wind resistive devices. (a) Subject to the availability of funds and the standards in this article, grants for wind resistive devices shall be awarded by the commissioner:

(1) That reimburse [~~thirty-five~~] fifty per cent of costs incurred for the wind resistive devices and their installation, up to a maximum total reimbursement of [~~$2,100~~] $5,000 per dwelling;

(2) On a first-come, first-served basis, as determined by the commissioner; and

(3) For a wind resistive device or devices installed only in a single or multi-family residential dwelling.

(b) Grants shall be awarded for the installation of the following:

(1) Uplift restraint ties at roof ridges and roof framing members to wall or beam supports;

(2) Additional fastening of roof sheathing and roof decking for high wind uplift;

(3) Impact and pressure resistant exterior opening protective devices;

(4) Wall to foundation uplift restraint connections strengthening for wood foundation posts on footings; and

(5) Residential safe rooms.

The [~~description,~~] descriptions, specifications, engineering content, installation procedures, guidelines, and requirements for these wind resistive devices shall be further developed and determined by the commissioner in the commissioner's sole discretion. The commissioner, in the commissioner's sole discretion, may amend, narrow, or expand the definitions, description, specifications, and requirements of the wind resistive devices.

(1) [~~Has met~~] Met the descriptions, specifications, guidelines, and requirements established by the commissioner for the grant program;

(2) [~~Has filed~~] Filed a completed application form, as determined solely by the commissioner, together with all supporting documentation required by the commissioner;

(3) [~~Has, in~~] In the case of a building with multiple dwellings, filed together completed grant applications for all dwellings in the building, for the installation of wind resistive devices indicated in section 431:22‑104(b)(1), (2), and (4); provided that this requirement [~~does~~] shall not apply to section 431:22‑104(b)(3);

(4) [~~Has installed~~] Installed a wind resistive device or devices including residential safe room designs that meet the standards established by the state department of defense and that have been designated and approved by the commissioner;

(5) [~~Has fully~~] Fully paid, prior to applying for the grant, the cost of the wind resistive device or devices, as well as the installation costs for which the grant is sought. The grant shall be used to reimburse only these costs or a portion thereof;

(6) [~~Has hired~~] Hired an inspector, determined by the commissioner to be qualified in accordance with the requirements of the commissioner, who has verified in writing that the installation of the wind resistive device or devices is complete and is in compliance with the grant program specifications, guidelines, and requirements, as determined by the commissioner;

(7) [~~Has installed~~] Installed the wind resistive device or devices after July 1, 2002;

(8) [~~Has provided~~] Provided any other information deemed necessary by the commissioner; and

(9) [~~Has met~~] Met all additional requirements needed to implement the grant program as determined by the commissioner.

[~~(d) Moneys appropriated for the grant program may be used to pay for the costs of administering, operating, and marketing the grant program, as determined by the commissioner.~~]"

SECTION 5. The insurance commissioner shall develop criteria for earthquake resistive devices by January 1, 2009.

SECTION 6. There is appropriated out of the hurricane reserve trust fund of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the deposit into the loss mitigation grant fund.

SECTION 7. There is appropriated out of the loss mitigation grant fund of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the loss mitigation grant program established under chapter 431, article 22, Hawaii Revised Statutes.

The sum appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

SECTION 8. The department of commerce and consumer affair's insurance division shall develop a public awareness campaign on hazard mitigation in collaboration with the hazard mitigation forum's public education and awareness committee.

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 2008-2009 for the purposes of this section.

The sum appropriated shall be expended by the state insurance division for the purposes of this section.

SECTION 9. 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 2008-2009 to finance the operation of a testing facility developed by the state department of defense's civil defense division and the University of Hawaii's college of engineering that has the capacity to test safe room designs and other wind resistant devices that can be used with Hawaii's unique housing stock.

The sum appropriated shall be expended by the civil defense division for the purposes of this section.

SECTION 10. The State and each county shall plan for natural hazards as early as possible in the development process by considering such risks during land use district classifications, the development or amendment of general or community plans, zoning amendments, variances and special management area permit decisions, and the design of new subdivisions or associated infrastructure. The planning process shall include consideration of the risk and vulnerability that hurricanes, tsunamis, wave inundation, flooding, coastal erosion, lava inundation, earthquakes, landslides, and other natural hazards pose to the proposed development and the mitigation of these hazards.

SECTION 11. The department of civil and environmental engineering of the University of Hawaii college of engineering, in collaboration with the social science research institute of the University of Hawaii college of social sciences, shall prepare a strategic planning report on the feasibility of establishing comprehensive natural disaster hazard mapping for the State of Hawaii. The strategic planning report shall include the methodology to consider the probability and intensity of natural disasters appropriate for building standards that mitigate risk, and shall establish the steps necessary to update natural disaster hazard mapping to include but not be limited to hurricanes, high winds, flooding, lava inundation, earthquakes, landslides, rockfalls, and tsunami inundation. The report shall also investigate and make recommendations for the use of the hazard maps in review procedures for land use decisions made by state and county agencies.

The University of Hawaii shall submit to the legislature and the state building code council the strategic planning report no later than twenty days prior to the regular session of 2009.

SECTION 12. No later than twenty days prior to the regular session of 2009, the insurance commissioner shall submit to the legislature a report on the feasibility of converting the Hawaii hurricane relief fund established under chapter 431P, Hawaii Revised Statutes, into a natural disaster relief program.

SECTION 13. 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 2008-2009 for the preparation of the strategic planning report described in section 11 of this Act.

The sum appropriated shall be expended by the University of Hawaii for the purposes of section 11 of this Act.

SECTION 14. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2783
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 2
STATE OF HAWAII		H.D. 1