HB361

SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:

"§127A- National Incident Management System; Incident Command System; compliance. (a) The agency shall adopt the National Incident Management System as the standard for all incident management and emergency response operations within the State and counties to ensure compliance as a prerequisite for federal preparedness funding eligibility.

(b) The agency shall apply the Incident Command System framework for managing all emergencies and preplanned events. This application shall ensure standardized organization structures, action planning, chain of command, unity of command, and communication protocols that are in alignment with the National Incident Management Incident Command System principles.

(c) The agency shall designate a National Incident Management System coordinator to oversee implementation, serve as a point of contact for local jurisdictions, and ensure interagency coordination within the State.

(d) All personnel involved in incident response shall complete National Incident Management System compliant training specific to their roles, including Incident Command System and resource management courses. The agency shall implement ongoing training to meet National Incident Management System standards, with periodic reviews and refresher courses to maintain proficiency.

(e) The agency shall maintain a comprehensive inventory of deployable resources using standardized National Incident Management System typing definitions, including developing mutual aid agreements and contracts with local and private entities, as applicable, to ensure resource availability and efficient resource deployment during incidents.

(f) The agency shall establish interoperable communication systems across agencies, employing National Incident Management System protocols for clear, plain language communications, facilitating effective interagency coordination during emergency responses.

(g) The agency shall conduct annual audits on National Incident Management System compliance, including training completion rates, resource management effectiveness, and system integration success. The results of the audit shall be published in an annual report, which shall be submitted to relevant federal and state oversight bodies, made available to the public, and posted to the agency's website.

§127A- After-action review; publication; liability protection. (a) The agency shall complete an after-action review for all significant emergency incidents or exercises within six months following the emergency incident or exercise. Each after-action review shall include key findings, including:

(1) A detailed account of effective actions and areas for improvement; and

(2) Recommended actions to enhance future response capabilities with each action having an assigned responsible party, due date, and management oversight.

(b) The agency shall adhere to a structured timeline for drafting, reviewing, and finalizing each after-action review to ensure prompt availability. Finalized after-action reviews shall be published on a dedicated public portal accessible through the agency's website.

(c) After-action reviews published by the agency or county emergency management agency shall be protected from use as evidence in civil litigation against the agency or its personnel, contingent upon the agency's demonstrated good-faith effort to document incidents accurately and fairly and place them into the public domain. Liability protection under this subsection shall be contingent on the agency's or county emergency management agency's adherence to good-faith efforts in recording factual incident assessments and proposed improvements, encouraging objective review without fear of legal exposure. Protections provided in this subsection shall align with public interest objectives, ensuring that after-action reviews serve as tools for transparency, accountability, and improvement.

§127A- National Incident Management System compliant position task books; credentialing. (a) The agency shall develop and manage position task books aligned with the National Qualification System of the National Incident Management System. Position task books shall encompass competencies, behaviors, and tasks as per Federal Emergency Management Agency guidelines to ensure compliance for Incident Command System Types 1, 2, and 3, including emergency operations center positions. Position task books shall:

(1) Be signed off by a qualified trainer;

(2) Align with national standards and match National Incident Management System requirements for Incident Command System roles and emergency operations centers skillsets to ensure the State's personnel are prepared for multi-jurisdictional deployment and interoperability with other states and federal systems; and

(3) Be designed for use in various emergency operations centers models, including Incident Command System-like structures, Incident Support Model, and departmental structures, allowing for flexible applications based on local emergency operations center's needs.

(b) County emergency management agencies shall be responsible for overseeing, evaluating, and validating the position task books of their personnel. County emergency agencies shall ensure that personnel meet the position task book criteria for their designated Incident Command System or emergency operations centers roles, following national standards in training and certification processes.

(c) The agency shall maintain a centralized, publicly accessible registry of all personnel certified under National Incident Management System position task books. This registry shall be available on the agency's website and list certified individuals from each county emergency management agency, organized by their certified positions and task level.

(d) The agency shall generate and maintain a position task book for type 1, 2, and 3 incidents for the following positions:

(1) Incident commander;

(2) Public information officer;

(3) Safety officer;

(4) Liaison officer;

(5) Operations section chief;

(6) Planning section chief;

(7) Logistics section chief;

(8) Finance or administration section chief;

(9) Operations branch director;

(10) Division or group supervisor;

(11) Strike team or task force leader;

(12) Resources unit leader;

(13) Situation unit leader;

(14) Documentation unit leader;

(15) Demobilization unit leader;

(16) Supply unit leader;

(17) Facilities unit leader;

(18) Ground support unit leader;

(19) Food unit leader;

(20) Communications unit leader;

(21) Medical unit leader;

(22) Time unit leader;

(23) Cost unit leader;

(24) Compensation or claims unit leader;

(25) Procurement unit leader;

(26) Air operations branch director; and

(27) Crew leader.

(e) The following position task books shall be sufficient to cover coordination and leadership responsibilities in the emergency operations center settings:

(1) Emergency operations center director;

(2) Emergency operations center manager;

(3) Operations section coordinator;

(4) Planning section coordinator;

(5) Logistics section coordinator;

(6) Finance or administration section coordinator;

(7) Situational awareness unit leader;

(8) Resource management and tracking specialist;

(9) Public information officer;

(10) Liaison officer;

(11) Safety officer;

(12) Documentation specialist;

(13) Communications or dispatch coordinator;

(14) Recovery operations coordinator;

(15) Hazardous materials coordinator;

(16) Public health and medical services coordinator;

(17) Critical infrastructure or key resources coordinator;

(18) Community and volunteer coordination specialist;

(19) Donations management specialist; and

(20) Debris management specialist.

§127A- Standardized Incident Documentation; emergency operations center coordination operations. (a) The agency shall require the use of standardized Incident Command System forms for documenting incident response across all emergency operations center formats, including Incident Command System-like, Incident Support Model, and Departmental Model. These forms shall meet the Federal Emergency Management Agency's National Incident Management System documentation standards and be customizable to align with the unique needs of the State's emergency operations centers.

(b) Each emergency operations center format shall use the following forms, including but not limited to:

(1) Incident briefing and action plans: ICS Form 202 (incident objectives) and ICS Form 203 (organization assignment list);

(2) Resource management: ICS Form 204 (assignment list), ICS Form 211 (check-in list), and ICS Form 215 (operational planning worksheet);

(3) Situation reporting and updates: ICS Form 209 (incident status summary) for regular status reporting and ICS Form 214 (activity log) for tracking significant events;

(4) Communications and coordination: ICS Form 205 (incident radio communications plan) and ICS Form 205A (communications list) to ensure coordination across responding agencies; and

(5) Other forms: ICS 206 medical plan, ICS 208 safety plan, and ICS 200 air ops branch summary.

(c) The agency shall allow for the adjustment of forms usage based on each emergency operations center's operational structure.

(d) The agency shall provide ongoing training to county emergency operations center personnel on the effective use of Incident Command System Forms and make digital templates readily available.

(e) The agency shall retain all completed Incident Command System forms for significant incidents in a secure, accessible archive. These records shall be available upon request as provided in chapter 92F.

§127A- Accreditation; emergency management programs. (a) The agency and all county emergency management agencies shall pursue and maintain accreditation through the Emergency Management Accreditation Program, or a similar nationally recognized emergency management accreditation standards. Accreditation shall be reviewed and renewed on a five year cycle, with agencies adhering to updated standards as required.

(b) The accreditation process shall require compliance with Emergency Management Accreditation Program standards, which cover:

(1) Program management and strategic planning: Includes development and implementation of a multi-year strategic plan outlining vision, mission, goals, and objectives;

(2) Hazard identification and risk analysis: Conducting risk assessments for natural and human-caused hazards that affect the jurisdiction, identifying vulnerabilities, and assessing community resilience;

(3) Resource management and mutual aid: Comprehensive management of resources and logistics, including mutual aid agreements;

(4) Training, exercises, and corrective actions: Establishing ongoing training, conducting exercises to test capabilities, and implementing corrective actions based on exercise findings; and

(5) Communications and public warning systems: Ensuring interoperable, reliable communication systems and public warning capabilities.

(1) Conduct an internal self-assessment;

(2) Submit documentation of compliance with standards; and

(3) Undergo peer-reviewed evaluations by Emergency Management Accreditation Program assessors.

Accreditation materials shall be maintained by the agency and be available for public review upon request as provided in chapter 92F.

(d) The agency shall submit a biennial report to the legislature no later than twenty days prior to the convening of each regular session in the first year of each biennium summarizing:

(1) The status of accreditation;

(2) Improvements based on Emergency Management Accreditation Program standards; and

(3) Corrective actions taken.

County emergency management agencies shall submit annual updates to the agency on their compliance and accreditation status.

§127A- Role definition; identification standards; Incident Command System and emergency operations center coordination operations. (a) Each designated position in all Incident Command System and emergency operations center coordination operations shall be clearly defined with specific roles and responsibilities assigned to a single individual per position. No Incident Command System or emergency operations center role shall be held by more than one individual at any time during active operations.

(b) All Incident Command System Command Post and emergency operations center personnel shall wear a visible vest, badge, or other designated identification item displaying their position title. The vest, badge, or other designated identification item shall be standardized and color-coded for each role to ensure quick recognition of personnel responsibilities during an incident.

(c) Each vest, badge, or other designated identification item shall be assigned to a specific position and individual at the outset of operations, with an accountability system in place to track assignments throughout the incident. All personnel shall relinquish their vest, badge, or other designated identification item when handing over command or completing their duties.

(d) The agency shall provide training to all Incident Command System and emergency operations center personnel on role clarity and identification requirements. Compliance with this subsection shall be monitored as part of regular emergency management exercises."

SECTION 2. Section 127A-3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) There shall be an administrator of emergency management who shall be appointed, and may be removed, by the director[~~, and who shall have at least three years of experience leading emergency management efforts at the local, state, or federal level~~]. The administrator shall meet the following minimum qualifications:

(1) Training and education: Completion of at least sixty credit hours of training in business or public administration, business or public management, or emergency management or preparedness. A bachelor's degree in a related field may substitute for the training requirements of this paragraph;

(2) Experience: A minimum of ten years of verifiable experience in comprehensive emergency management, which includes improving preparedness for emergency and disaster protection, prevention, mitigation, response, and recovery, including direct command or supervisory responsibility in responding to multiple complex emergencies or disasters; provided that a master's degree in emergency management, business or public administration, homeland security, public health, or a related field may substitute for two of the ten years of experience but shall not substitute for the required supervisory experience;

(3) Desired certifications: In addition to the training and education and experience requirements under paragraphs (1) and (2), respectively, the administrator should have or attain:

(A) A valid accreditation as a certified master exercise practitioner through the Federal Emergency Management Agency; or

(B) A valid accreditation as a certified emergency manager through the International Association of Emergency Managers;

(4) Emergency management training: Completion of the advanced professional series from the Federal Emergency Management Agency's Emergency Management Institute and completion of one hundred fifty hours in comprehensive emergency management training provided by, or approved by, the Federal Emergency Management Agency. The training required under this paragraph shall be completed or recertified within the ten years preceding the date of appointment; and

(5) Licensing: Possession of a valid driver's license within thirty days of appointment.

The administrator of emergency management shall be the civilian head of and responsible for the day-to-day operations of the agency[.], including ensuring integration with county emergency management plans, providing guidance and support to county agencies, and coordinating state resources during emergencies. The administrator of emergency management shall report to the director[.] and shall oversee compliance with credentialing, training, and reporting standards as outlined in this chapter, establishing performance metrics and ensuring transparency in all agency operations. The administrator of emergency management shall, in the absence of the director, have all the duties and responsibilities of the director, and shall report directly to the governor. The administrator of emergency management shall not be subject to chapter 76."

2. By amending subsection (e) to read:

"(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~~] federal emergency management plans [~~of the federal government.~~] and programs. The plan shall be [~~integrated by~~] adopted as a rule and implemented through a continuous, integrated comprehensive emergency management program[~~. The plan shall contain provisions~~] to ensure that the State prepares for, mitigates against, responds to, and recovers from emergencies and minor, major, and catastrophic disasters. [~~In preparing and maintaining the plan, the~~] The agency shall [~~work~~] collaborate closely with [~~agencies and organizations with emergency management responsibilities;~~] county governments, local emergency management organizations, and relevant public, private, and nonprofit agencies in preparing and maintaining the plan. The state comprehensive emergency management plan shall be operations-oriented and include the following:

(A) An evacuation component, which shall contain specific regional and interregional planning provisions to ensure coordinated evacuation activities. At a minimum, this component shall consider communities with one road in and out and provide contingency plans for evacuation and include guidelines for:

(i) Coordinating evacuees being flown between islands;

(ii) Directing evacuees to safe shelters;

(iii) Providing sufficient fueling locations at reasonable costs along evacuation routes; and

(iv) Establishing policies for emergency medical evacuations;

(B) A shelter component, which shall establish model standards for shelter operations, including registration, inventory, power generation, information management, and staffing, and include:

(i) Provisions for sheltering coordination among public, private, and nonprofit sectors;

(ii) Strategies to ensure sufficient public shelter space statewide;

(iii) Plans for refuge-of-last-resort programs;

(iv) Staffing strategies for all shelters, including medical and security personnel;

(v) Guidelines for post-disaster communications in shelters; and

(vi) Policies for sheltering individuals with special needs;

(i) Promote intergovernmental coordination for post-disaster response and recovery;

(ii) Establish a Unified Command structure for the State's post-disaster response organization, procedures for plan activation, and policies for post-disaster response;

(iii) Define command chains and roles for each participating agency using a single Incident Action Plan;

(iv) Include strategies for rapid impact assessments, urban search and rescue coordination, medical care and relief plans, and systems for volunteer coordination and distribution of donated resources;

(D) Additional preparedness provisions, which shall include any additional preparedness, response, recovery, and mitigation provisions deemed necessary by the agency;

(E) A resource development plan, which shall address procedures for the coordinated deployment of state resources and include provisions for pre-deployment of the Hawaii National Guard in the event of imminent disaster, and, where necessary, pre-deployment of the United States Armed Forces in cases of catastrophic disasters;

(F) A communications and warning systems plan, which shall establish, test, and maintain a comprehensive communications and warning system to provide timely notifications of developing emergencies, including public health threats, and to support coordination of emergency response actions;

(G) Annual exercise guidelines, which shall set guidelines and schedules for annual exercises that test the ability of state and county agencies to respond to disasters. These exercises shall be conducted with federal and county partners wherever feasible;

(H) An emergency support assignments plan, which shall assign lead and support responsibilities to state agencies and personnel for each Emergency Support Function and other necessary support activities; and

(I) A public health plan, which shall incorporate a public health emergency response strategy, developed in conjunction with the department of health, to address public health threats and coordinate responses statewide.

The state comprehensive emergency management plan shall be submitted to the governor, president of the senate, and speaker of the house of representatives by February 1 of each even-numbered year, with any updates as necessary to reflect changes in federal or state policies and priorities. All components of the state comprehensive emergency management plan and subsequent updates shall be made publicly accessible on the agency's website with a direct link to the current plan prominently displayed;

(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 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 3. Section 127A-5, Hawaii Revised Statutes, is amended to read as follows:

"§127A-5 County emergency management agency. (a) The mayor of each county shall have direct responsibility for emergency management within the county, including the organization, administration, and operation of a county emergency management agency.

(b) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized, coordinate all emergency management plans within the county, and cooperate as closely as possible with the agency and emergency management agencies in the other counties in all aspects of emergency management.

(c) Each county shall be responsible for the establishment, naming, and operation of a county emergency management agency under the mayor's direction, and shall enact ordinances to establish the county emergency management agency and ensure that the mayor and the county's emergency management agency have the powers necessary to receive state and federal funds and carry out the functions of this chapter at the county level. The ordinances shall comply with powers established under sections 127A-12 and 127A-13.

(d) Each county, under the mayor's direction, shall make appropriations and authorize expenditures for the purposes of this chapter, including for use as matching funds for federal aid, out of the normal revenues or fund balances or surpluses of the counties, notwithstanding any legal restrictions upon the purposes for which the funds may be expended, except that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, trust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected.

(e) Each county, under the mayor's direction, shall provide a county-level administrator or director of the county emergency management agency, and technical, administrative, and other personnel; office space; furniture; equipment; supplies; and funds necessary to carry out the purposes of this chapter. The county-level administrator or director of the county emergency management agency shall be the civilian head of and responsible for the day-to-day operations of the county emergency management agency. The county-level administrator or director of the county emergency management shall report to the mayor and provide regular updates on emergency preparedness, response activities, and strategic initiatives.

(f) The administrator or director of the county emergency management agency shall not be subject to chapter 76[.] and may be appointed or removed at the discretion of the mayor.

(g) The county-level administrator or director shall meet the following minimum qualifications:

(1) Experience: A minimum of seven years in senior emergency management roles, including direct supervisory responsibilities over multi-jurisdictional disaster response, recovery, preparedness, and mitigation efforts, with at least one complex emergency or disaster response incident with direct incident command or interagency coordination responsibility; provided that a master's degree in emergency management, public administration, homeland security, or a related field may substitute up to two years of the seven-year requirement;

(2) Training and education: Completion of sixty credit hours in public or emergency management, which may be substituted by a bachelor's degree in emergency management, public administration, or a related field; and

(3) Certification:

(A) Possession of a current certification that is in good standing as a certified emergency manager through the International Association of Emergency Managers or a Federal Emergency Management Agency recognized equivalent; and

(B) Completion of one hundred fifty hours in training, covering planning, coordination, and response skills, in courses approved by the Federal Emergency Management Agency within the last ten years.

(h) The county-level administrator or director of emergency management shall:

(1) Be accountable for implementing the National Incident Management System standards and Incident Command System response protocols and emergency operations center coordination operations within the county and ensure compliance with all state guidelines on training, documentation, and resource management;

(2) Be responsible for certifying local emergency management personnel, maintaining up-to-date position task books, and coordinating with the agency to integrate county response capabilities with state-level emergency operations; and

(3) Ensure that personnel under their command meet ongoing training and certification requirements and maintain records of all certifications, including position task book completions, within the county's emergency management system. Records required by this paragraph shall be reported to the agency annually for public access and statewide consistency in emergency management competency.

[~~(g)~~] (i) Each county, under the mayor's direction, shall, in order to ensure continuity of government during an emergency period, establish a procedure for the appointment and designation of stand-by officers for the mayor and the county legislative body during an emergency period, who shall serve in the event of the unavailability of the officers for whom they are standing-by.

[~~(h)~~] (j) Each county, under the mayor's direction, shall establish and maintain an emergency operations center, as the place from where emergencies and disasters shall be managed, and staff it appropriately.

[~~(i)~~] (k) Each county, under the mayor's direction, shall coordinate, develop, and implement a comprehensive emergency management plan for the county and submit annual reports to the administrator on the status and updates of the plan.

(l) Each county emergency management agency shall develop and maintain a comprehensive evacuation plan as part of its local emergency response procedures. The plan shall coordinate with the state comprehensive emergency management plan and include the following protocols:

(1) Evacuation decision-making and triggers: Counties shall establish specific criteria and conditions that warrant evacuation orders, such as imminent natural disasters, fire risk levels, or public health emergencies. Evacuation orders shall be issued by the county-level administrator or director of emergency management, with situational updates provided to the agency for statewide coordination;

(2) Evacuation route designation and management: Counties shall:

(A) Identify and annually update primary and secondary evacuation routes, considering traffic flow, geographic constraints, and available infrastructure;

(B) Implement traffic management protocols, including lane reversals and prioritized access for emergency vehicles, in collaboration with local law enforcement and transportation departments; and

(C) Designate and communicate fuel, medical support, and essential service points along evacuation routes to aid evacuees;

(3) Evacuation communication and public notification: Counties shall:

(A) Provide immediate, clear, and accessible notifications on evacuation routes, shelter locations, road closures, and other vital information via multiple channels, including text alerts, social media, local radio, and television; and

(B) Ensure that all evacuation alerts are accessible to diverse populations, including those with disabilities and limited English proficiency;

(4) Vulnerable population evacuation assistance: Counties shall:

(A) Identify and develop targeted evacuation support for vulnerable populations, such as elderly residents, individuals with disabilities, and those without personal transportation; and

(B) Establish transportation programs, including buses, para-transit services, and contracted vehicles, to ensure all residents can evacuate safely;

(5) Shelter coordination and availability: Counties shall:

(A) Designate sufficient general and special needs shelters to accommodate evacuees, coordinating with local partners for staffing, medical resources, and supplies; and

(B) Where feasible, designate pet-friendly shelters and communicate their availability to the public;

(6) Interagency coordination for resource allocation: Counties shall:

(A) Develop coordination protocols among federal, state, and county agencies for resource sharing and evacuation logistics; and

(B) Establish mutual aid agreements and conduct annual interagency evacuation drills to ensure readiness;

(7) Reentry protocols and post-evacuation procedures: Counties shall:

(A) Establish criteria for safe reentry after an evacuation, considering environmental, infrastructure, and health assessments, with continuous coordination with state agencies; and

(B) Communicate reentry updates and timelines to the public, ensuring clarity and safety in the return process;

(8) Annual review and community preparedness programs: Each county emergency management agency shall:

(A) Review and update the evacuation plan annually, incorporating feedback from exercises and incident after-action reviews; and

(B) Conduct annual community preparedness campaigns, including public evacuation drills and educational outreach, to raise awareness and readiness among residents; and

(9) Public transparency: All components of the county's comprehensive emergency management plan and subsequent updates shall be made publicly accessible on the county's emergency management agency's website and the agency's website. A direct link to the current plan shall be prominently displayed on both website's homepage to ensure ease of access for all residents."

SECTION 4. A county-level administrator or director of the county emergency management agency who is currently serving in such capacity before the effective date of this Act shall continue to be subject to chapter 76, Hawaii Revised Statutes, until a county-level administrator or director appointed pursuant to section 3 of this Act assumes the position.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	361
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII