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HB2443
HOUSE OF REPRESENTATIVES
H.B. NO.
2443
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to disaster services
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that one in
five Hawaii residents has a disability, and many require functional or access
support before, during, and after disasters.
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These individuals often encounter disproportionate risks, including
difficulty evacuating without proper supports; lack of accessible
transportation; barriers to receiving emergency alerts and evacuation orders in
formats that they can understand; and obstacles in accessing shelters,
emergency medical care, and post-disaster relief programs, such as housing,
food, and financial assistance.
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The
legislature further finds that in the immediate aftermath of the August 8,
2023, Maui wildfires, many individuals with disabilities faced significant impediments
to accessing emergency shelters and services.
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Shelters often lacked physical accessibility, disability-trained staff,
and coordinated resources to address medical and functional needs.
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Nonprofit organizations and community members
stepped in to fill these gaps; however, the lack of a planned, coordinated
response by state and county agencies highlighted systemic inequities in
disaster preparedness and response for individuals with disabilities.
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The
legislature additionally finds that although the legislature passed Act 210,
Session Laws of Hawaii 2024, to establish a limited English proficiency
language access coordinator within the Hawaii emergency management agency, that
position addresses only the needs of limited English proficient individuals
under state and federal language access laws.
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Importantly, American Sign Language does not fall under the language
access law, as American Sign Language is not a foreign language but a distinct
language of the deaf community.
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The
rights of individuals who are deaf, hard of hearing, blind, or have other
disabilities fall within the scope of the
Americans
with Disabilities Act
, not language access statutes.
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Accordingly,
there remains a critical gap in disaster services planning and response for
individuals with disabilities, including those who use American Sign Language
and those with access and functional needs.
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A disability integration specialist position, serving as the State's emergency
management specialist within the Hawaii emergency management agency, is necessary
to ensure compliance with the Americans with Disabilities Act and related
federal and state disability laws, coordinate disability-related planning, and
guarantee accessible disaster services for all individuals with disabilities.
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Furthermore,
the legislature finds that section 308 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended)
requires entities receiving Federal Emergency Management Agency funding to
ensure equitable access to disaster services for individuals with
disabilities.
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Federal Emergency
Management Agency guidance also requires disability integration throughout
emergency management, emphasizing planning, preparedness, response, recovery,
and mitigation.
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Therefore,
the purpose of this Act is to:
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(1)
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Add disability-related planning, preparedness,
response, recovery, and mitigation to the designated functions of the Hawaii
emergency management agency; and
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(2)
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Appropriate funds to the Hawaii emergency
management agency for the establishment of a disability integration specialist,
who shall serve as the emergency management specialist and provide programming
support for disability community projects that promote accessibility,
inclusion, and equity in disaster management.
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SECTION
2
.
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Section 127A-3, Hawaii Revised Statutes, is
amended to read as follows:
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"
�127A-3
�
Hawaii
emergency management agency.
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(a)
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There is established within the department of
defense the Hawaii emergency management agency.
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The adjutant general shall serve as the director of Hawaii emergency
management and, subject to the direction and control of the governor, shall
oversee the agency.
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(b)
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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.
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The administrator of emergency management shall be the civilian head of
and responsible for the day-to-day operations of the agency.
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The administrator of emergency management
shall report to the director.
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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.
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T
he administrator of emergency
management shall not be subject to chapter 76.
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(c)
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The administrator may, from funds allotted
therefor, employ technical, clerical, administrative, and other personnel and
make such expenditures as may be necessary.
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(d)
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The administrator shall coordinate the
activities of the agency with all county emergency management agencies, other
state agencies, other states, or federal agencies involved in emergency
management activities, and all organizations for emergency management within
the State, whether public or private, and shall maintain liaison and cooperate
with all county emergency management agencies, other state agencies, other
states, or federal agencies involved in emergency management activities as
provided in this chapter.
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(e)
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The agency shall perform emergency management
functions within the territorial limits of the State.
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In performing its duties, the agency shall:
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(1)
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Prepare a state comprehensive emergency
management plan, which shall be integrated into and coordinated with the
emergency management plans of the federal government.
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The plan shall be integrated by a continuous,
integrated comprehensive emergency management program.
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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.
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In preparing and maintaining the plan, the
agency shall work closely with agencies and organizations with emergency
management responsibilities;
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(2)
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Assign lead and support responsibilities to
state agencies and personnel for emergency management functions and other
support activities;
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(3)
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Adopt standards and requirements for county
emergency management plans.
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The
standards and requirements shall ensure that county plans are coordinated and
consistent with the state comprehensive emergency management plan;
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(4)
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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;
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(5)
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Anticipate trends and promote innovations that
will enhance the emergency management system;
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(6)
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Institute statewide public awareness
programs.
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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;
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(7)
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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;
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(8)
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Implement training programs to improve the
ability of state and local emergency management personnel to prepare and
implement emergency management plans and programs.
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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;
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(9)
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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
]
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(10)
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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[
.
]
;
and
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(11)
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Ensure compliance with the Americans with
Disabilities Act and related federal and state disability access laws by
integrating the needs of individuals with disabilities and others with access
and functional needs into emergency planning, preparedness, response, recovery,
and mitigation activities, including providing auxiliary aids and services to
ensure effective communication in all phases of disaster management; advising
on accessibility requirements for emergency shelters, evacuation procedures,
and disaster communications; and interfacing with disability advocacy
organizations, service providers, and community members to strengthen inclusive
disaster preparedness and response.
"
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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $200,000 or so much thereof as may
be necessary for fiscal year 2026-2027, to be allocated as follows:
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(1)
�
$100,000 for the establishment of one
full-time equivalent (1.0 FTE) disability integration specialist position, which
shall serve as the emergency management specialist and which shall be exempt
from chapter 76, Hawaii Revised Statutes, within the Hawaii emergency
management agency; and
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(2)
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$100,000 for programming support for
disability community projects, such as accessibility improvements in emergency
shelters, public service announcements in accessible formats, training programs
for shelter staff, and other projects to enhance disaster resilience for
individuals with disabilities.
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The sum
appropriated shall be expended by the Hawaii emergency management agency for
the purposes of this Act.
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Disaster
Services; Appropriation
Description:
Integrates
the needs of individuals with disabilities and others with access and
functional needs into emergency planning, preparedness, response, recovery, and
mitigation activities.
�
Establishes a
Disability Integration Specialist position, to be located in the Hawaii Emergency
Management Agency, who shall provide programming support for disability
community projects that promote accessibility, inclusion, and equity in
disaster management.
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Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.