RELATING TO DISASTER SERVICES.

SB2385

THE SENATE

S.B. NO.

2385

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 residents in Hawaii 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 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 2023 Maui
wildfires, many individuals with disabilities faced significant barriers 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, but 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 while 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 (ASL) does not fall under
the
language access law, as ASL 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 arise under the Americans with
Disabilities Act (ADA), 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 ASL and those with
access and functional needs.
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A disability
integration specialist, serving as the State's emergency management specialist

within the Hawaii emergency management
agency, is needed to ensure compliance with the ADA 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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The
legislature further 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 (FEMA) funding
to ensure equitable access to disaster services for individuals with
disabilities.
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FEMA guidance also
requires disability integration throughout emergency management, emphasizing
planning, preparedness, response, recovery, and mitigation.

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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, serving as the emergency management specialist, and
programming support for disability community projects.

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SECTION

2
.
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Section 127A-3,
Hawaii Revised Statutes, is amended by amending subsection (e) to read as
follows:

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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)
�
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)
�
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.
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This shall include the provision of 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.
�

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 as follows:

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(1)
�
$100,000
for the establishment of one full-time equivalent (1.0 FTE) disability integration
specialist, serving as the emergency management specialist, 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:

HEMA; Disaster
Services; Disability-Related Planning; Disability Integration Specialist and
Programming; Appropriation

Description:

Amends the Hawaii Emergency Management Agency's
functions to include
ensuring 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.
�
Appropriates
funds to establish a Disability Integration Specialist and for programming
support for disability community projects.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.