HB 2443: HIEMA; Individuals with Disabilities; Access and Functional Needs; Emergency Planning; Position; Appropriations

A BILL FOR AN ACT

RELATING TO DISASTER SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that one in five Hawaii residents has a disability, and many require functional or access support before, during, and after disasters.  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.

     The legislature further finds that in the immediate aftermath of the 2023, Maui wildfires, many individuals with disabilities faced significant impediments to accessing emergency shelters and services.  Shelters often lacked physical accessibility, disability-trained staff, and coordinated resources to address medical and functional needs.  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.

     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.  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.  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.

     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.  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, advise on current best and promising practices, and guarantee accessible disaster services for all individuals with disabilities and access and functional needs.

     Furthermore, the legislature finds that section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, Public Law 93-288, as amended) requires entities receiving Federal Emergency Management Agency funding to ensure equitable access to disaster services for individuals with disabilities.  Federal Emergency Management Agency guidance also requires disability integration throughout emergency management, emphasizing planning, preparedness, response, recovery, and mitigation.

     Therefore, the purpose of this Act is to:

     (1)  Add disability- and access-and-functional-needs-related planning, preparedness, response, recovery, and mitigation to the designated functions of the Hawaii emergency management agency; and

     (2)  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 and access and functional needs community projects that promote accessibility, inclusion, and equity in disaster management.

     SECTION 2.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following:  behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the university of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, disability integration specialist, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

    (33)  The executive director and seven full-time administrative positions of the school facilities authority;

    (34)  Positions in the Mauna Kea stewardship and oversight authority;

    (35)  In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

    (36)  In the social services division of the department of human services, the business technology analyst;

    (37)  The executive director and staff of the 911 board;

    (38)  The software developer supervisor and senior software developers in the department of taxation;

    (39)  In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

    (40)  The state fire marshal and deputy state fire marshal in the office of the state fire marshal;

    (41)  The administrator for the law enforcement standards board;

    (42)  In the office of the director of taxation, the data privacy officer and tax business analysts; and

[[](43)[]]All positions filled by the Hawaii tourism authority within the department of business, economic development, and tourism.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

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

     "(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 emergency management plans of the federal government.  The plan shall be integrated by 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 agency shall work closely with agencies and organizations with emergency management responsibilities;

     (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[.]; and

    (11)  Ensure compliance with paragraphs (1) to (10), the Americans with Disabilities Act, and related federal and state disability access laws by:

          (A)  Integrating the needs of individuals with disabilities and others with access and functional needs into emergency planning, preparedness, response, recovery, and mitigation activities, including accessible and alternative communication formats and series to ensure effective communication in all phases of disaster management;

          (B)  Advising on accessibility requirements and current best and promising practices for emergency shelters, evacuation procedures, and disaster communications;

          (C)  Supporting continuity of preparedness and response in all counties across the State; and

          (D)  Interfacing with disability advocacy organizations, service providers, and community members to strengthen inclusive disaster preparedness and response."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2026-2027, 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.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.

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

     SECTION 6.  This Act shall take effect on July 1, 2026.

Report Title:

HIEMA; Individuals with Disabilities; Access and Functional Needs; Emergency Planning; Position; Appropriations

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.  Appropriates funds.  (CD1)

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

A BILL FOR AN ACT

RELATING TO DISASTER SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that one in five Hawaii residents has a disability, and many require functional or access support before, during, and after disasters.  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.

     The legislature further finds that in the immediate aftermath of the 2023, Maui wildfires, many individuals with disabilities faced significant impediments to accessing emergency shelters and services.  Shelters often lacked physical accessibility, disability-trained staff, and coordinated resources to address medical and functional needs.  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.

     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.  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.  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.

     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.  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, advise on current best and promising practices, and guarantee accessible disaster services for all individuals with disabilities and access and functional needs.

     Furthermore, the legislature finds that section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, Public Law 93-288, as amended) requires entities receiving Federal Emergency Management Agency funding to ensure equitable access to disaster services for individuals with disabilities.  Federal Emergency Management Agency guidance also requires disability integration throughout emergency management, emphasizing planning, preparedness, response, recovery, and mitigation.

     Therefore, the purpose of this part is to:

     (1)  Add disability- and access-and-functional-needs-related planning, preparedness, response, recovery, and mitigation to the designated functions of the Hawaii emergency management agency; and

     (2)  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 and access and functional needs community projects that promote accessibility, inclusion, and equity in disaster management.

     SECTION 2.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following:  behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the university of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, disability integration specialist, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

    (33)  The executive director and seven full-time administrative positions of the school facilities authority;

    (34)  Positions in the Mauna Kea stewardship and oversight authority;

    (35)  In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

    (36)  In the social services division of the department of human services, the business technology analyst;

    (37)  The executive director and staff of the 911 board;

    (38)  The software developer supervisor and senior software developers in the department of taxation;

    (39)  In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

    (40)  The state fire marshal and deputy state fire marshal in the office of the state fire marshal;

    (41)  The administrator for the law enforcement standards board;

    (42)  In the office of the director of taxation, the data privacy officer and tax business analysts; and

[[](43)[]]All positions filled by the Hawaii tourism authority within the department of business, economic development, and tourism.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

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

     "(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 emergency management plans of the federal government.  The plan shall be integrated by 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 agency shall work closely with agencies and organizations with emergency management responsibilities;

     (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[.]; and

    (11)  Ensure compliance with paragraphs (1) to (10), the Americans with Disabilities Act, and related federal and state disability access laws by:

          (A)  Integrating the needs of individuals with disabilities and others with access and functional needs into emergency planning, preparedness, response, recovery, and mitigation activities, including accessible and alternative communication formats and series to ensure effective communication in all phases of disaster management;

          (B)  Advising on accessibility requirements and current best and promising practices for emergency shelters, evacuation procedures, and disaster communications;

          (C)  Supporting continuity of preparedness and response in all counties across the State; and

          (D)  Interfacing with disability advocacy organizations, service providers, and community members to strengthen inclusive disaster preparedness and response."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027, to be allocated as follows:

     (1)  $           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

     (2)  $           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.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this part.

PART II

     SECTION 5.  The legislature finds that household emergency preparedness is a critical element of statewide resilience and continuity during hurricanes, floods, wildfires, earthquakes, tsunamis, pandemics, supply chain disruptions, and other emergencies.  The State is geographically remote and faces heightened risk from delays in external response and support during major disasters, increasing the importance of household self-sufficiency and advance readiness.

     The legislature further finds that the Hawaii emergency management agency (HIEMA) recommends that households maintain a fourteen-day supply of essential emergency supplies, including food, water, and regularly used medications.

     Only twelve per cent of households statewide appear to meet the fourteen-day standard.  Indeed, household preparedness varies across counties; estimates of full adherence to the fourteen-day standard include approximately 11.5 per cent in the city and county of Honolulu, 19.5 per cent in the county of Hawaii, 8.9 per cent in Maui county, and 8.5 per cent in Kauai county.  Also, many households perceive themselves as prepared while not meeting the fourteen‑day standard, indicating a substantial gap between perceived preparedness and actual readiness.

     The legislature further finds that reported barriers to meeting the fourteen-day standard include limited storage space and lack of information, among other constraints.  Also, limited public awareness of the fourteen-day standard remains a key obstacle.

     The legislature further finds that households that are aware of HIEMA's updated fourteen-day recommendation and households that are familiar with general preparedness guidelines are more likely to be prepared and to comply with recommended stockpiling for water, food, and medical supplies.

     The legislature further finds that residents' preferred channels for receiving preparedness information differ by age group, supporting the need for a coordinated, multi-channel communications strategy, including television for older groups and internet news and social media for younger groups.  Research recommends a statewide multi-media communications plan and strategy, including television, internet, radio, and mobile applications, to raise public awareness of HIEMA's recommended fourteen-day supply of household emergency food, water, and medicine.

     The purpose of this part is to strengthen public readiness by directing the Hawaii emergency management agency to develop and implement a comprehensive communications plan, strategy, and related media assets to educate and motivate residents to maintain a fourteen-day supply of food, water, and essential medications, using culturally appropriate, accessible, and multilingual materials to meet the language access needs of residents with limited English proficiency, and to evaluate and report progress to the legislature.

     SECTION 6.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-A  Fourteen-day emergency preparedness communications program.  (a)  The agency shall develop and implement by July 1, 2027, a statewide public education and communications program to increase household preparedness consistent with the agency's fourteen-day essential supplies recommendation for food, water, and regularly used medications.

     (b)  The program shall include the development of a comprehensive communications plan and the creation and dissemination of related media assets.  At a minimum, the plan shall:

     (1)  Identify priority audiences, with attention to populations disproportionately impacted by disasters, including but not limited to households with low incomes, kupuna, persons with disabilities or access and functional needs, medically vulnerable individuals, and communities with limited English proficiency;

     (2)  Provide clear, actionable guidance on how households can build and maintain a fourteen-day supply through phased and affordable steps, including messaging that supports dignity, practicality, and realistic household budgeting, and that addresses commonly reported barriers including limited storage space and information gaps;

     (3)  Include culturally relevant and multilingual communications materials appropriate for statewide use, including in formats accessible to persons with disabilities;

     (4)  Specify and operationalize a statewide multi‑media dissemination strategy, including television, internet news sites, social media platforms, local radio, and mobile-based communications, and tailor channel emphasis to documented age-group preferences;

     (5)  Establish a coordinated dissemination schedule for year-round outreach and targeted outreach during seasonal risk periods;

     (6)  Strengthen and expand practical information pathways for preparedness guidance, including:

          (A)  Maintaining and promoting updated preparedness content on the agency's website;

          (B)  Increasing enrollment in emergency information updates and alerts;

          (C)  Equipping state and county agencies and community partners with co-branded toolkits to support diffusion through trusted community ties; and

          (D)  Incorporating in-person or virtual informational meetings as appropriate for priority audiences; and

     (7)  Include an evaluation framework with measurable outcomes, including baseline and follow-up measures of:

          (A)  Public awareness of the agency's fourteen-day recommendation;

          (B)  Familiarity with emergency preparedness guidelines; and

          (C)  The share of households meeting the fourteen‑day readiness threshold for water, food, and medical supplies, including the share meeting the threshold for all essential supplies combined, to the extent feasible.

     (c)  Media assets developed under this section may include but shall not be limited to:

     (1)  Public service announcements for radio, television, and digital platforms;

     (2)  Print-ready and digital graphics, fact sheets, checklists, and household planning templates;

     (3)  A fourteen-day readiness social media and partner communications toolkit for organizations and agencies;

     (4)  Short instructional videos and multilingual audio content; and

     (5)  Templates that counties, community partners, and state agencies may co-brand for consistent statewide messaging.

     (d)  The agency may consult and coordinate with relevant state and county agencies and community partners to implement this section, including but not limited to the department of health; The department of education; The department of human services; The office of Hawaiian affairs; and county emergency management agencies, as appropriate.

     (e)  The agency shall incorporate targeted communications that emphasize region‑specific emergency preparedness recommendations and community‑based practices, and may implement multimedia communications and georeferenced maps to attract public attention to the urgent need for households to adhere to the agency's fourteen-day recommendations; provided that outreach should include multilingual strategies and community‑based information sessions appropriate for the State's diverse populations."

     SECTION 7.  (a)  The Hawaii emergency management agency shall submit a report to the legislature on the implementation and outcomes of this part no later than twenty days prior to the convening of each regular session beginning in 2028 and continuing through 2030.

     (b)  The report shall include, at a minimum:

     (1)  The comprehensive communications plan developed pursuant to section 127A-A(b), Hawaii Revised Statutes, including any updates made during the reporting period;

     (2)  A summary of media assets produced and dissemination activities conducted, including the channels used and the frequency and timing of dissemination;

     (3)  A list of partner organizations engaged and the roles of each partner in dissemination, including use of co‑branded toolkits and informational sessions;

     (4)  Progress measures, including baseline and follow-up indicators for:

          (A)  Statewide and county-level public awareness of the Hawaii emergency management agency's fourteen-day essential supplies recommendation;

          (B)  Familiarity with emergency preparedness guidelines; and

          (C)  Statewide and county-level estimates of household preparedness and compliance relative to the fourteen-day recommendation for water, food, and medical supplies, including the share meeting the fourteen-day threshold for all essential supplies combined, to the extent feasible;

     (5)  A summary of barriers to emergency preparedness identified through evaluation activities and actions taken to address those barriers;

     (6)  A description of how messaging and outreach were targeted or tailored by county or audience segment, including multilingual and accessibility measures, and use of region-specific communications tools, if implemented;

     (7)  Expenditures of any appropriated funds and any other resources used to implement this part; and

     (8)  Recommendations for sustaining, improving, or expanding the fourteen-day emergency preparedness communications program.

     (c)  The Hawaii emergency management agency shall make the report publicly available on its website no later than ten business days after submission to the legislature.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 to implement this part, including planning, community engagement, production of media assets, translation and accessibility services, evaluation, and outreach distribution costs.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this part.

PART III

     SECTION 9.  The purpose of this part is to:

     (1)  Require the governor or mayor of a county to provide an American Sign Language interpreter during each official announcement broadcast via television or the Internet during a state of emergency;

     (2)  Require the governor or mayor of a county to ensure, to the fullest extent possible, that the American Sign Language interpreter's face, body, arms, and hands are visible during the broadcast; and

     (3)  Require the governor or mayor of a county to provide a standardized pool feed that includes the American Sign Language interpreter in a picture-in-picture window not less than one quarter the size of the primary video and large enough to clearly see the interpreter's face, body, arms, and hands.

     SECTION 10.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-B  Official announcements; proclamations; emergencies; American Sign Language interpreter; display; requirements; picture-in-picture required.  (a)  Beginning July 1, 2027, whenever the governor or mayor, as applicable, makes a proclamation pursuant to this chapter, the governor or mayor shall provide an American Sign Language interpreter who is certified by a nationally or state recognized credentialing authority at each live broadcast press conference during the state of emergency.  To the greatest extent possible, the governor or mayor shall ensure that the American Sign Language interpreter is physically positioned in a manner so that the interpreter's face, body, arms, and hands are always visible during a television or internet broadcast of the press conference.

     (b)  The governor or mayor, as applicable, shall provide a standardized pool feed for any live official announcement that includes the American Sign Language interpreter in a picture‑in‑picture window not less than one quarter the size of the primary video and large enough to clearly see the interpreter's face, body, arms, and hands.  The interpreter shall not be blocked or covered by captions, graphics, or other on-screen text; provided that the captions, graphics, or other on-screen text shall be repositioned as necessary.  A broadcaster that rebroadcasts the official announcement shall not be required to independently generate or insert this accessibility feature."

PART IV

     SECTION 11.  The legislature finds that the foreign-born population in Hawaii is two hundred sixty thousand and makes up eighteen per cent of the State's total population, which is higher than the fourteen per cent of the population of the United States that is foreign-born.  Immigrants to Hawaii arrive from many countries, including China, Japan, Korea, Mexico, Vietnam, and the Philippines, and contribute billions to the State's economic output by paying taxes, establishing new businesses, and staffing essential jobs.  However, many immigrants are paid below poverty rates and lack access to social benefits.

     The legislature further finds that around twenty-five per cent of the State's population speak a language other than English at home and over ten per cent have limited English proficiency.  Among these other languages are Ilokano, Tagalog, Japanese, Korean, Spanish, Samoan, Tongan, and Micronesian languages, including Pohnpeian, Marshallese, and Chuukese.

Without access to services and resources in these languages, many residents of Hawaii face significant barriers to participation in the community.

     The legislature further finds that the Hawaii emergency management agency has one language coordinator and needs additional bilingual resources to communicate with residents with limited English proficiency, especially during emergencies.  Additionally, bilingual resources are essential for the state to comply with federal and state mandates, such as the Civil Rights Act of 1964 and Presidential Executive Order 13166 of August 11, 2000, to provide language access as a condition to receive grants, contracts, and other partnerships.  In 2006, the State established the Office of Language Access to affirm its commitment to civil rights and comprehensive access to services regardless of national origin.

     Accordingly, the purpose of this part is to provide the Hawaii emergency management agency with resources to meet the language access needs of residents with limited English proficiency and reaffirm its commitment to civil rights.  These resources will increase the Hawaii emergency management agency's capacity to serve immigrants and other residents with limited English proficiency by providing bilingual resources and services.

     SECTION 12.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the Hawaii emergency management agency to expand access to bilingual resources and services.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this part.

PART V

     SECTION 13.  In codifying the new sections added by sections 6 and 10 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 15.  This Act shall take effect on July 1, 3000.

Report Title:

Disaster Services; HIEMA; Emergency Preparedness; Emergency Communications; Limited English Proficiency; Language Access; Official Announcements; American Sign Language; Sign Language Interpreter; Program; Reports; Position; Appropriations

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.  Requires the Hawaii Emergency Management Agency to develop and implement a statewide public education and communications program to promote household emergency preparedness consistent with the Agency's 14-day essential supplies recommendation.  Requires the Governor or mayor of a county to provide an American Sign Language interpreter during each official announcement broadcast via television or the Internet during a state of emergency.  Requires the Governor or mayor of a county to ensure, to the fullest extent possible, that the American Sign Language interpreter's face, body, arms, and hands are visible during the broadcast.  Requires the Governor or mayor of a county to provide a standardized pool feed that includes the American Sign Language interpreter in a picture‑in‑picture window not less than one quarter the size of the primary video and not blocked or covered by captions, graphics, or other on-screen tax.  Requires annual reports to the Legislature.  Appropriates funds.  Effective 7/1/3000.  (SD1)

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

A BILL FOR AN ACT

RELATING TO DISASTER SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that one in five Hawaii residents has a disability, and many require functional or access support before, during, and after disasters.  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.

     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.  Shelters often lacked physical accessibility, disability-trained staff, and coordinated resources to address medical and functional needs.  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.

     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.  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.  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.

     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.  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, advise on current best and promising practices, and guarantee accessible disaster services for all individuals with disabilities and access and functional needs.

     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.  Federal Emergency Management Agency guidance also requires disability integration throughout emergency management, emphasizing planning, preparedness, response, recovery, and mitigation.

     Therefore, the purpose of this Act is to:

     (1)  Add disability- and access-and-functional-needs-related planning, preparedness, response, recovery, and mitigation to the designated functions of the Hawaii emergency management agency; and

     (2)  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 and access and functional needs community projects that promote accessibility, inclusion, and equity in disaster management.

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

     "(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 emergency management plans of the federal government.  The plan shall be integrated by 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 agency shall work closely with agencies and organizations with emergency management responsibilities;

     (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[.]; and

    (11)  Ensure compliance with paragraphs (1) to (10) and 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 accessible and alternative communication formats and series to ensure effective communication in all phases of disaster management; advising on accessibility requirements and current best and promising practices for emergency shelters, evacuation procedures, and disaster communications; supporting continuity of preparedness and response in all counties across the State; and interfacing with disability advocacy organizations, service providers, and community members to strengthen inclusive disaster preparedness and response."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027, to be allocated as follows:

     (1)  $           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

     (2)  $           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.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

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.  Appropriates funds.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to disaster services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that one in five Hawaii residents has a disability, and many require functional or access support before, during, and after disasters.  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.

     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.  Shelters often lacked physical accessibility, disability-trained staff, and coordinated resources to address medical and functional needs.  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.

     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.  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.  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.

     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.  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.

     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.  Federal Emergency Management Agency guidance also requires disability integration throughout emergency management, emphasizing planning, preparedness, response, recovery, and mitigation.

     Therefore, the purpose of this Act is to:

     (1)  Add disability-related planning, preparedness, response, recovery, and mitigation to the designated functions of the Hawaii emergency management agency; and

     (2)  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.

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

     "§127A-3  Hawaii emergency management agency.  (a)  There is established within the department of defense the Hawaii emergency management agency.  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.

     (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 of emergency management shall be the civilian head of and responsible for the day-to-day operations of the agency.  The administrator of emergency management shall report to the director.  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.

     (c)  The administrator may, from funds allotted therefor, employ technical, clerical, administrative, and other personnel and make such expenditures as may be necessary.

     (d)  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.

     (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 emergency management plans of the federal government.  The plan shall be integrated by 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 agency shall work closely with agencies and organizations with emergency management responsibilities;

     (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[.]; and

    (11)  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."

     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, to be allocated as follows:

     (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

     (2)  $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.

     The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2026.

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.  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.

STAND. COM. REP. NO.  834-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2443

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 2443, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISASTER SERVICES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Add disability- and access-and-functional-needs-related planning, preparedness, response, recovery, and mitigation to the designated functions of the Hawaii Emergency Management Agency; and

     (2)  Appropriate funds to the Hawaii Emergency Management Agency for the establishment of a Disability Integration Specialist to provide programming support for disability and access-and-functional-needs community projects that promote accessibility, inclusion, and equity in disaster management.

     Your Committee received testimony in support of this measure from the Hawaiʻi Emergency Management Agency; Hawaiʻi Civil Rights Commission; Hawaiʻi State Council on Developmental Disabilities; Office of Wellness and Resilience; Aloha Independent Living Hawaii; Hawaii Disability Rights Center; Hawaiʻi Self-Advocacy Advisory Council; LeadingAge Pacific West; Full Life; and nine individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee notes the recommendation by the Department of the Attorney General that if the civil service exemption for the Disability Integration Specialist is intended to be permanent, section 76-16(b)(32), Hawaii Revised Statutes, should be amended to include that position.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2443, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  190-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2443

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 2443 entitled:

"A BILL FOR AN ACT RELATING TO DISASTER SERVICES,"

begs leave to report as follows:

     The purpose of this measure is to add disability- and access-and-functional-needs-related planning, preparedness, response, recovery, and mitigation to the duties of the Hawaii Emergency Management Agency.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Council on Developmental Disabilities; Disability and Communication Access Board; Hawaiʻi Emergency Management Agency; Office of Wellness and Resilience; Hawaii Disability Rights Center; Responsive Caregivers of Hawaii; Hawaiʻi Self-Advocacy Advisory Council; and five individuals.  Your Committee received comments on this measure from the Department of the Attorney General; Executive Office on Aging; and Hawaiʻi Civil Rights Commission.

     Your Committee finds that individuals with intellectual and developmental disabilities, as well as individuals with physical, sensory, psychiatric, and cognitive disabilities, are often disproportionately harmed during emergencies--not because of the disaster itself but because emergency systems are not designed with access and functional needs in mind.  Your Committee further finds that this measure strengthens disaster resilience for vulnerable populations and strengthens Hawaii's overall emergency preparedness system.

     Your Committee has amended this measure by:

     (1)  Further clarifying the proposed new duties of the Hawaii Emergency Management Agency;

     (2)  Changing the appropriation to an unspecified amount;

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider appropriating $200,000, to be allocated as follows:

     (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 within the Hawaii Emergency Management Agency; and

     (2)  $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.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2443, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2443, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Public Safety,