HB 358: RELATING TO DISASTER PREPAREDNESS.

A BILL FOR AN ACT

RELATING TO DISASTER PREPAREDNESS.

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

     SECTION 1.  The legislature finds that, with warmer seas caused by climate change, the spawning area for hurricanes near Mexico has moved north, and now, hurricanes that used to pass a few hundred miles below Hawaii are headed right at the State.  Warmer seas means stronger hurricanes, and categories three, four, and five hurricanes are increasing in number and strength.  Super category five hurricanes, with wind speeds of up to two hundred miles per hour, have been occurring every eight years.  By 2080, a super category five hurricane will appear someplace in the world every year, with the northern Pacific, which includes Hawaii, expected to have the most.

     The legislature further finds that the State used to be protected by cooler surrounding seas and by trade winds at a lower level, with strong winds in the opposite direction at a higher level that could tear approaching hurricanes apart.  As those seas have now warmed and having lost two days of trade winds each year for fifty years, the State now has protection from hurricanes for only half of the days of the year.

     The also legislature finds that Hawaii cannot call its places of refuge "hurricane shelters" because many of the shelters do not meet the criteria of legitimate hurricane shelters, and few refuge areas in the State are able to withstand even a category two hurricane.  In addition, there are only a few refuge areas in the State, with a capacity to hold up to one hundred thousand people; however the Honolulu department of emergency management expects that during a hurricane, the expectation is that two hundred thousand people will need to seek shelter.

     In addition, as there are numerous wooden homes in Hawaii, most of these homes will be damaged or destroyed even in a category one hurricane.  Very few shelters can withstand a category three, four, or five hurricane, and if a hurricane strikes the State, there will be no other place for people to go.

     The legislature believes that it has a deep moral obligation to the people of the State and to future generations living in Hawaii to immediately begin to build every home and every building to withstand future hurricanes.

     Accordingly, the purpose of this Act is to improve the State's preparedness for stronger hurricanes by requiring all public buildings, including public school buildings, constructed after January 1, 2026, to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.

     SECTION 2.  Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

     "§107-27  Design of [state] public buildings.  (a)  No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes[, except]; provided that state building construction [shall be allowed to] may be exempted from:

     (1)  County codes that have not adopted the Hawaii state building codes;

     (2)  Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or

     (3)  Any county code amendments that are contrary to code amendments adopted by another county.

     (b)  Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.

     [(c)  The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.

     (d)] (c)  Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:

     (1)  Maximize energy and water efficiency measures;

     (2)  Maximize energy generation potential; and

     (3)  Use building materials that reduce the carbon footprint of the project.

     (d)  All public buildings, including public school buildings, constructed after January 1, 2026, shall be designed to withstand category five hurricanes and be used as shelters in the event of an emergency."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1 ,3000.

Report Title:

Public Buildings; Public Schools Buildings; Design; Hurricanes; Shelter

Description:

Requires all public buildings, including public school buildings, constructed after January 1, 2026, to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.  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 preparedness.

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

     SECTION 1.  The legislature finds that, with warmer seas caused by climate change, the spawning area for hurricanes near Mexico has moved north, and now, hurricanes that used to pass a few hundred miles below Hawaii are headed right at the State.  Warmer seas means stronger hurricanes, and categories three, four, and five hurricanes are increasing in number and strength.  Super category five hurricanes, with wind speeds of up to two hundred miles per hour, have been occurring every eight years.  By 2080, a super category five hurricane will appear someplace in the world every year, with the northern Pacific, which includes Hawaii, expected to have the most.

     The legislature further finds that the State used to be protected by cooler surrounding seas and by trade winds at a lower level, with strong winds in the opposite direction at a higher level that could tear approaching hurricanes apart.  As those seas have now warmed and having lost two days of trade winds each year for fifty years, the State now has protection from hurricanes for only half of the days of the year.

     The also legislature finds that Hawaii cannot call its places of refuge "hurricane shelters" because many of the shelters do not meet the criteria of legitimate hurricane shelters, and few refuge areas in the State are able to withstand even a category two hurricane.  In addition, there are only a few refuge areas in the State, with a capacity to hold up to one hundred thousand people; however the Honolulu department of emergency management expects that during a hurricane, the expectation is that two hundred thousand people will need to seek shelter.

     In addition, as there are numerous wooden homes in Hawaii, most of these homes will be damaged or destroyed even in a category one hurricane.  Very few shelters can withstand a category three, four, or five hurricane, and if a hurricane strikes the State, there will be no other place for people to go.

     The legislature believes that it has a deep moral obligation to the people of the State and to future generations living in Hawaii to immediately begin to build every home and every building to withstand future hurricanes.

     Accordingly, the purpose of this Act is to improve the State's preparedness for stronger hurricanes by requiring all public buildings, including public school buildings, constructed after January 1, 2026, to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.

     SECTION 2.  Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

     "§107-27  Design of [state] public buildings.  (a)  No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes[, except]; provided that state building construction [shall be allowed to] may be exempted from:

     (1)  County codes that have not adopted the Hawaii state building codes;

     (2)  Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or

     (3)  Any county code amendments that are contrary to code amendments adopted by another county.

     (b)  Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.

     [(c)  The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.

     (d)] (c)  Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:

     (1)  Maximize energy and water efficiency measures;

     (2)  Maximize energy generation potential; and

     (3)  Use building materials that reduce the carbon footprint of the project.

     (d)  All public buildings, including public school buildings, constructed after January 1, 2026, shall be designed to withstand category five hurricanes and be used as shelters in the event of an emergency."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Public Buildings; Public Schools Buildings; Design; Hurricanes; Shelter

Description:

Requires all public buildings, including public school buildings, constructed after January 1, 2026, to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.

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.  241

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 358

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 358 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to improve the State's preparedness for stronger hurricanes by requiring all public buildings, including public school buildings, constructed after January 1, 2026, to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Hawaiʻi Emergency Management Agency; Hawaiʻi Climate Advisory Team; and one individual.  Your Committee received comments on this measure from the Department of Education; Department of Accounting and General Services; and Department of Corrections and Rehabilitation.

     Your Committee finds that in light of the potential for stronger and more frequent hurricanes caused by climate change, Hawaii a needs greater number of public buildings that can also serve as hurricane shelters.  By requiring that all public buildings constructed after January 1, 2026, to be able to withstand category five hurricanes will help ensure that public buildings will be able to protect Hawaii's residents and visitors in case of an emergency.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     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. 358, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 358, H.D. 1, and be referred to your Committee on Labor.

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