HB 596: Emergency Management; Disasters; Emergencies; Definitions

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  Section 127A-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "disaster" to read:

     ""Disaster" means [any emergency,] the occurrence or imminent threat [thereof, which results or may likely result in] of widespread or severe damage, injury, or loss of life, property, or environment resulting from any sudden natural or artificial cause, including hurricanes, windstorms, floods, extreme rain events, earthquakes, landslides, mudslides, volcanic activity, tsunamis, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, hazardous material accidents, disease or contagion outbreaks, bioterrorism, terrorism, or incidents involving weapons of mass destruction, and requires, or may require, assistance from other counties, states, the federal government, or from private agencies."

     2.  By amending the definition of "emergency" to read:

     ""Emergency" means [any] the occurrence, or imminent threat thereof, [which results or may likely result in substantial injury or] of a disaster that causes or may be likely to cause catastrophic harm and immediate danger to the population [or], substantial damage to or loss of property, or substantial damage to or loss of the environment[.] and that timely action can avert or minimize."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

Emergency Management; Disasters; Emergencies; Definitions

Description:

Clarifies the types of events that constitute disasters and emergencies for the purposes of emergency management.  Effective 7/1/2050.  (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 EMERGENCY MANAGEMENT.

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

     SECTION 1.  Section 127A-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "disaster" to read:

     ""Disaster" means [any emergency,] the occurrence or imminent threat [thereof, which results or may likely result in] of widespread or severe damage, injury, or loss of life, property, or environment resulting from any sudden natural or artificial cause, including hurricanes, windstorms, floods, extreme rain events, earthquakes, landslides, mudslides, volcanic activity, tsunamis, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, hazardous material accidents, disease or contagion outbreaks, bioterrorism, terrorism, or incidents involving weapons of mass destruction, and requires, or may require, assistance from other counties, states, the federal government, or from private agencies."

     2.  By amending the definition of "emergency" to read:

     ""Emergency" means [any] the occurrence, or imminent threat thereof, [which results or may likely result in substantial injury or] of a disaster that causes or may be likely to cause catastrophic harm and immediate danger to the population [or], substantial damage to or loss of property, or substantial damage to or loss of the environment[.] and that timely action can avert or minimize."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Emergency Management; Disasters; Emergencies; Definitions

Description:

Clarifies the types of events that constitute disasters and emergencies for the purposes of emergency management.  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 EMERGENCY MANAGEMENT.

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

     SECTION 1.  Section 127A-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "disaster" to read:

     ""Disaster" means [any emergency,] the occurrence or imminent threat [thereof, which results or may likely result in] of widespread or severe damage, injury, or loss of life, property, or environment resulting from any sudden natural or artificial cause, including hurricanes, windstorms, floods, extreme rain events, earthquakes, landslides, mudslides, volcanic action, tsunamis, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, hazardous material accidents, disease or contagion outbreaks, bioterrorism, terrorism, or incidents involving weapons of mass destruction, and requires, or may require, assistance from other counties, states, the federal government, or from private agencies."

     2.  By amending the definition of "emergency" to read:

     ""Emergency" means [any] the occurrence, or imminent threat thereof, [which results or may likely result in substantial injury or] of a disaster that causes or may be likely to cause catastrophic harm and immediate danger to the population [or], substantial damage to or loss of property, or substantial damage to or loss of the environment[.] and that timely action can avert or minimize."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Emergency Management; Disasters; Emergencies; Definitions

Description:

Clarifies the types of events that constitute disasters and emergencies for the purposes of emergency management.

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. 1835

Honolulu, Hawaii

RE:    H.B. No. 596

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 596, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify the types of events that constitute disasters and emergencies for purposes of emergency management.

     Your Committee received written comments in support of this measure from the Grassroot Institute of Hawaii, Hawaii Reef and Ocean Coalition, Climate Protectors Hawaii, Sierra Club of Hawaii, Kupuna for the Moopuna, Free Access Coalition, E Ola Kakou Hawaii, and numerous individuals.

     Your Committee received written comments in opposition to this measure from the Hawaii Emergency Management Agency and City and County of Honolulu Department of Emergency Management.

     Your Committee finds that clarifying the definitions of disasters and emergencies for purposes of emergency management will improve the State's emergency response efforts by reducing ambiguities, ensuring that the definitions align with best practices and federal guidelines, and allowing emergency management service agencies to act quickly to protect public health and critical infrastructure.

     Your Committee notes that the Department of Defense has expressed concern that the measure's specificity will restrict the capacity of the Hawaii Emergency Management Agency to respond effectively to unforeseen events.  The Department believes that the original statutory language allows for greater flexibility, enabling the Hawaii Emergency Management Agency to address a wider array of potential disasters, emergencies, and threats, and ensures that those with executive powers have the capacity to take prompt action when necessary.

     Your Committee has amended this measure by changing the effective date to July 1, 2050, to facilitate further discussion on the measure.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 596, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 596, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 1123

Honolulu, Hawaii

RE:    H.B. No. 596

       H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 596, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify the types of events that constitute disasters and emergencies for the purposes of emergency management.

     Your Committee received testimony in support of this measure from The Maritime Group, Grassroot Institute of Hawaii, and one individual.

     Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency.

     Your Committee finds that the State faces a unique set of challenges relating to emergency management.  Due to the location of the State, it is particularly vulnerable to natural disasters such as hurricanes, tsunamis, earthquakes, and volcanic activity.  Additionally, the growing risks associated with climate change, extreme weather events, disease outbreaks, and potential human‑caused incidents underscore the need for a robust and clearly defined emergency management framework. 

Your Committee further finds that the statutory definitions of "disaster" and "emergency" require refinement and clarification to address the evolving understanding of the safety threats faced by the State.  This measure will address this issue by providing clearer legal definitions of the types of events that constitute disasters and emergencies for the purposes of emergency management, ensuring consistency in how disasters and emergencies are classified and managed, and reducing ambiguity in response protocols. 

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 596, H.D. 1, and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

STAND. COM. REP. NO.  941

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 596

      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 Finance, to which was referred H.B. No. 596, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the types of events that constitute disasters and emergencies for the purposes of emergency management.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii and one individual.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency.

     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. 596, 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.  545

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 596

      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. 596 entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the types of events that constitute disasters and emergencies for the purposes of emergency management.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii and one individual.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency.

     Your Committee finds that this measure establishes a clearer statutory definition of the events that constitute an "emergency" or "disaster", which would limit the potential for executive overreach via emergency orders and restore the constitutional balance of powers.

     Your Committee has amended this measure by:

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

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     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. 596, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 596, H.D. 1, and be referred to your Committee on Finance.

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