HB990 HD1.DOC

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

disaster preparedness

§ -1 Definitions. As used in this chapter:

"Commission" means the disaster preparedness commission.

"Director" means the director of the office of disaster preparedness.

"Disaster" means any natural or human-caused catastrophe, the occurrence of which is unanticipated or difficult to predict, that results in significant property damage, agricultural loss, hardship, suffering, psychological disorders, medical difficulties, or loss of life within the state.

"Natural hazard" means hurricane, storm, flood, tsunami, tidal wave, wind-driven water, earthquake, volcanic activity, volcanic smog or vog, lava flow, rockslide, earthslide, fire, or other natural disaster.

"Vog" means the substance created when sulfur dioxide and other volcanic gases combine and interact chemically in the atmosphere with oxygen, moisture, dust, and sunlight over a period of time to form a visible haze consisting of gas and a suspended mixture of tiny liquid and solid particles.

§ -2 Office of disaster preparedness established. There is established in the department of transportation the office of disaster preparedness. The director of the office shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The director shall serve for a period of six years and thereafter until a successor is appointed. The salary of the director shall be set at a rate no greater than $ a year and shall not be diminished during the director's term of office unless by general law applying to all salaried officers of the State. If the director dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the director shall become the acting director until a new director is appointed for a full term.

§ -3 Duties of the director. (a) The director shall develop a comprehensive disaster preparedness plan for the State. The disaster preparedness plan shall include:

(1) The identification of natural hazards;

(2) The designation of natural hazard impact zones;

(3) Priorities for natural hazard mitigation;

(4) Policies, requirements, and incentives to mitigate the problems caused by natural hazards, to be incorporated into rules such as county building codes, land use policies, and retrofitting incentives such as tax credits; and

(5) Plans for best responses to disasters to minimize costs and protect the interests of residents, their possessions, and pets, and visitors to the state, including plans ensuring the reliability of communication networks and power supplies for major state airports, health care facilities, disaster shelters, and other essential services.

(b) The director shall report annually to the governor and the legislature no later than twenty days before the convening of each regular session of the legislature on the status of the disaster preparedness plan and shall include any necessary proposed legislation.

§ -4 Disaster preparedness commission established; selection of advisory committees. (a) There is established a disaster preparedness commission within the department of transportation for administrative purposes only. The commission shall consist of seven members as follows:

(1) One member appointed by the governor;

(2) One member appointed by the speaker of the house of representatives;

(3) One member appointed by the president of the senate; and

(4) Four members appointed by the mayors of the counties of Honolulu, Hawaii, Maui, and Kauai, each of whom shall appoint one member.

The commission shall select one of its members to serve as chairperson. No member of the commission shall receive any compensation for commission services; provided that members shall be allowed necessary expenses, including travel expenses, incurred in the performance of their official duties. The members of the commission shall be appointed pursuant to section 26-34 except as provided in this chapter.

(b) The commission shall advise and assist the director in developing a comprehensive disaster preparedness plan for the State of Hawaii. The commission's duties in this regard shall include but not be limited to:

(1) Gathering information about disasters that have occurred in the past; and

(2) Establishing advisory committees to provide technical and other support to the director."

SECTION 2. 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 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the office of the director of disaster preparedness and the disaster preparedness commission, including the hiring of necessary staff.

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	990
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII