STAND. COM. REP. NO.  1056

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 1435

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1435, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII HURRICANE RELIEF FUND COMPREHENSIVE LOSS REDUCTION PLAN,"

begs leave to report as follows:

The purpose of this measure is to clarify that the comprehensive loss reduction plan of the Hawaii Hurricane Relief Fund (HHRF) shall include implementing state and county building code requirements for hurricane standards.

The Hawaii Emergency Management Agency, Hawaii State Fire Council, Honolulu Fire Department, County of Kauai Department of Public Works, American Council of Engineering Companies of Hawaii, Hawaii Section of the American Society of Civil Engineers, Structural Engineers Association of Hawaii, Masonry Institute of Hawaii, Mason Contractors Association of Hawaii, and The Maritime Group, LLC testified in support of this measure.  The Hawaii Hurricane Relief Fund provided comments.

     Although discussions at the public hearing appeared to indicate that it would be simpler to update and develop rules for entire chapters rather than specific sections of the State Building Code to address hurricane-related issues because large portions of the building code deal mainly with wind damage mitigation, your Committee had concerns with this approach.  Because moneys in the HHRF should be used specifically for hurricane-related matters, your Committee finds that this issue needs to be clarified in this measure.

     Your Committee has amended this measure by:

     (1)  Clarifying that HHRF funds can only be used for the development and implementation of state building code hurricane standards and not county building code hurricane standards;

     (2)  Specifying that HHRF funds can only be used to support the adoption of administrative rules to implement hurricane-related building code and design standards and implement loss mitigation measures for both new and existing structures, where applicable by law;

     (3)  Requiring the State Building Code Council to submit a report to the Legislature no later than January 1, 2019, on the amount of funds used to support the adoption of administrative rules to implement hurricane-related building code and design standards, the specific codes that were affected, and any positions that were filled using funds from HHRF and the duties of the position related to work on hurricane-related matters;

     (4)  Adding a sunset date of June 30, 2018; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1435, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1435, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair