§ 127A-1. Policy and purpose
§ 127A-2. Definitions
[§ 127A-19]. Shelters
(a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from natural or human-caused hazards, and in order to ensure that the preparations of this State will be adequate to deal with such disasters or emergencies; to ensure the administration of state and federal programs providing disaster relief to individuals; and generally to protect the public health, safety, and welfare, and to preserve the lives, property, and environment of the State, it is hereby found and declared to be necessary:
(1) To provide for emergency management by the State, and to authorize the creation of local organizations for emergency management in the counties of the State;
(2) To confer upon the governor and upon the mayors of the counties of the State the emergency powers necessary to prepare for and respond to emergencies or disasters;
(3) To provide for the rendering of mutual aid among the counties of the State and with other states and in cooperation with the federal government with respect to the carrying out of emergency management functions;
(4) To permit out-of-state utilities to provide services in the State pursuant to a mutual assistance agreement with a state utility to repair, renovate, or install electrical or natural gas facilities that have been damaged, impaired, or destroyed due to or in connection with such disasters or emergencies; and
(5) To provide programs, in cooperation with other governmental agencies, the private sector, and nonprofit organizations, to educate and train the public to be prepared for emergencies and disasters.
(b) It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State and its counties be coordinated to the maximum extent with the comparable functions of the federal government, including its various departments, and agencies of other states and localities, and with private-sector and nonprofit organizations, to the end that the most effective preparation and use may be made of the nation's personnel, resources, and facilities for dealing with any emergency or disaster that may occur.
(c) It is the intent of the legislature to provide for and confer comprehensive powers for the purposes stated herein. This chapter shall be liberally construed to effectuate its purposes; provided that this chapter shall not be construed as conferring any power or permitting any action which is inconsistent with the Constitution and laws of the United States, but, in so construing this chapter, due consideration shall be given to the circumstances as they exist from time to time. This chapter shall not be deemed to have been amended by any act hereafter enacted at the same or any other session of the legislature, unless this chapter is amended by express reference.
Laws 2014, ch. 111, § 2, eff. July 1, 2014; Laws 2019, ch. 214, § 2, eff. July 1, 2019; Laws 2022, ch. 99, § 1, eff. June 17, 2022.
When used in this chapter, unless the context otherwise requires:
“Administrator” means the administrator of the Hawaii emergency management agency established by section 127A-3.
“Agency” means the Hawaii emergency management agency established by section 127A-3.
“Council” means the Hawaii advisory council on emergency management as established by section 127A-4.
“County” means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter.
“County emergency management agency” means a county-level entity responsible for emergency management within the respective counties as established in section 127A-5.
“Critical infrastructure” means those systems, facilities, and assets, whether physical or virtual, so vital to a county, the State, or the nation that the incapacity or destruction of such systems, facilities, or assets would have a debilitating impact on national, state, or county security; economic security; public health or safety; or any combination of those matters.
“Director” means the director of the Hawaii emergency management agency established by section 127A-3, and who is the same as the adjutant general as provided in section 26-21.
“Disaster” means any emergency, or imminent threat thereof, which results or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies.
“Disaster relief” means any physical or financial assistance provided to individuals or areas in the aftermath of an emergency or disaster.
“Electrical or natural gas facilities” means any equipment and infrastructure owned and operated by a state utility for the purpose of generating, transmitting, distributing, or furnishing electrical energy or natural gas service.
“Emergency” means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment.
“Emergency management” means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters.
“Emergency management functions” mean those tasks required to prepare for and carry out actions to prevent, prepare for, respond to, mitigate, and recover from emergencies and disasters, and includes management of resources, personnel, and facilities and administration of economic controls as needed to provide relief in anticipation of, during, or after emergencies or disasters.
“Emergency period” means the dates covered by a proclamation issued by the governor declaring a state of emergency or by a mayor declaring a local state of emergency.
“Evacuation” means the immediate and rapid movement of individuals and animals away from the threat or actual occurrence of any hazard, emergency, or disaster, and includes vertical evacuation, which is moving to a higher floor or higher ground in order to gain safety above the height of expected inundation by water as recommended by the county emergency management agency.
“Facilities”, except as otherwise provided in this chapter, includes any infrastructure, buildings and other structures, shelters, land, roads, highways, thoroughfares, walks, roadways, bridges, public rights of way, and any appurtenant facilities, structures, and materials.
“Hazard” means an event or condition of the physical environment that results or may likely result in damage to property, injuries or death to individuals, or damage to the environment that may result in an emergency or disaster.
“Laws” includes ordinances, rules, regulations, and orders prescribed under federal, state, or county laws or ordinances and having the force and effect of law.
“Local state of emergency” means the occurrence in any part of a county that requires efforts by the county government to save lives, and to protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster.
“Materials” includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts.
“Mutual assistance agreement” means an agreement to which two or more business entities are parties and under which a public utility, municipally owned utility, electric cooperative, natural gas special district, natural gas transmission pipeline, or joint agency owning, operating, or owning and operating infrastructure used for electric generation, electric or natural gas transmission, or electric or natural gas distribution in this State may request that an out-of-state utility perform work in this State in anticipation of a disaster or an emergency.
“Necessary” means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative.
“Out-of-state utility” means a public utility, municipally owned utility, electric cooperative, or natural gas special district that owns, operates, or owns and operates infrastructure used for electric generation, electric or natural gas transmission, or electric or natural gas distribution outside of the State, and is regulated by the public utilities commission of the state where they operate.
“State of emergency” means an occurrence in any part of the State that requires efforts by state government to save lives and protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster, or to supplement the local efforts of the county.
“States” include the several states, the District of Columbia, and the possessions of the United States, and also includes the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states.
“State utility” means and refers to any public utility within the State under a franchise or charter granted by the State.
“Traffic control” includes plans, regulations, devices, and actions for the control of traffic to provide for the rapid and safe movement or evacuation of individuals, vehicles, and materials for emergency management, and for the movement and cessation of movement of any pedestrians and vehicular traffic during, before, and after emergencies and disasters, emergency management exercises and training, or other emergency management actions or activities.
Laws 2014, ch. 111, § 2, eff. July 1, 2014; Laws 2019, ch. 214, § 3, eff. July 1, 2019; Laws 2022, ch. 99, § 2, eff. June 17, 2022.
(a) The agency may establish guidelines for providing suitable arrangements and accommodations for the sheltering of the public and the sheltering of pet animals in public shelters under this chapter.
(b) County emergency management agencies shall be responsible for identifying and operating locations and facilities suitable for sheltering:
(1) The public; and
(2) Pet animals,
and coordinating sheltering efforts with private and nonprofit organizations engaged in emergency management functions relating to providing shelter or the management or operation of a public shelter under this chapter.
(c) The administrator or director of the county emergency management agency shall be responsible for the identification, coordination, and cooperation of private owners, operators, or controllers of real property, private locations, or facilities that are suitable for use as shelters of the public or of pet animals into emergency sheltering operations.
(d) A public shelter identified for the sheltering of pet animals pursuant to subsection (b) need not be subject to guidelines developed for public shelters, unless the particular shelter has been specifically identified as a shelter for both pet animals and the public.
(e) For purposes of this section, “pet animal” shall have the same meaning as defined in section 711-1100.
(f) For purposes of this section, “shelter” includes any structure, excavation, or other facility or item used or useful for the protection of persons.
Laws 2014, ch. 111, § 2, eff. July 1, 2014; Laws 2022, ch. 99, § 6, eff. June 17, 2022.