SB 1570: RELATING TO EMERGENCY MANAGEMENT.

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that since January 2021, only one passenger airline, Mokulele Airlines, has provided service to the general public out of Molokai airport.  Molokai is a small, rural island, and its residents rely on air service for essential travel, including work, medical appointments, and family visits.  Any disruption of service by Mokulele Airlines leaves residents stranded without any other air service for essential travel.

     The legislature further finds that there has been urgent and growing concern regarding ongoing issues with Mokulele Airlines, including frequent delays and cancellations, which are forcing residents to resort to unsafe, makeshift transportation options.  In one recent example, Mokulele Airlines grounded its fleet and operations on Molokai on January 15, 2025.  As a result, one resident shared how she and others resorted to renting a boat at 4:00 a.m. to return home and transport medications to Molokai.  The same boat later transported another resident with a punctured lung on a grueling three-hour trip to Honolulu for emergency care.  Other residents resorted to renting boats to reach Maui, driving from Lahaina to Kahului, and paying additional money for Hawaiian Airlines flights to Honolulu, and repeated the process in reverse to return.  School sports teams also endured three-hour boat rides to participate in tournaments on Oahu.  These examples highlight the severity and unacceptability of the situation.

     The legislature believes that Mokulele Airlines' unreliability and the lack of alternative air carrier options put lives and livelihoods at risk.  Accordingly, the purpose of this Act is to require the department of transportation to plan and design an expansion of the runway at Molokai airport to accommodate larger aircraft.

     SECTION 2.  The department of transportation shall develop a plan and design to expand the runway at Molokai airport to accommodate the landing of larger aircraft.  As part of the plan, the department shall identify and analyze the most efficient construction technologies available for expedient runway expansion.

     The department of transportation shall submit the plan and a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026.

     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 2025-2026 for the planning and design of the expansion of the Molokai airport runway, pursuant to this Act.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2077.

Report Title:

DOT; Molokai Airport Runway Expansion; Report to Legislature; Appropriation

Description:

Requires the Department of Transportation to plan and design an expansion of the runway at Molokai Airport to accommodate larger aircraft.  Requires the Department of Transportation to submit a report to the Legislature.  Appropriates funds.  Effective 7/1/2077.  (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.  The legislature finds that since January 2021, only one passenger airline, Mokulele Airlines, has provided service to the general public out of Molokai airport.  Molokai is a small, rural island, and its residents rely on air service for essential travel, including work, medical appointments, and family visits.  Any disruption of service by Mokulele Airlines leaves residents stranded without any other air service for essential travel.

     The legislature further finds that there has been urgent and growing concern regarding ongoing issues with Mokulele Airlines, including frequent delays and cancellations, which are forcing residents to resort to unsafe, makeshift transportation options.  In one recent example, Mokulele Airlines grounded its fleet and operations on Molokai on January 15, 2025.  As a result, one resident shared how she and others resorted to renting a boat at 4:00 a.m. to return home and transport medications to Molokai.  The same boat later transported another resident with a punctured lung on a grueling three-hour trip to Honolulu for emergency care.  Other residents resorted to renting boats to reach Maui, driving from Lahaina to Kahului, and paying additional money for Hawaiian Airlines flights to Honolulu, and repeated the process in reverse to return.  School sports teams also endured three-hour boat rides to participate in tournaments on Oahu.  These examples highlight the severity and unacceptability of the situation.

     The legislature believes that Mokulele Airlines' unreliability and the lack of alternative air carrier options put lives and livelihoods at risk.  Accordingly, the purpose of this Act is to:

     (1)  Require the governor to declare a state of emergency and use emergency powers if air transportation service is unavailable, or foreseeably unavailable, to and from the island of Molokai or Lanai for longer than twenty-four hours; and

     (2)  Require the department of transportation to plan and design an expansion of the runway at Molokai airport to accommodate larger aircraft.

     SECTION 2.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-14  State of emergency.  (a)  The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the State.

     (b)  A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the county.

     (c)  [The] Except as provided in subsection (e), the governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration, an extension, or a termination of a state of emergency in the State or a local state of emergency in the county, as applicable.  This section shall not limit the power and authority of the governor under section 127A-13(a)(5).

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.

     (e)  The governor shall declare by proclamation the existence of a state of emergency in the State if air transportation service is unavailable, or foreseeably unavailable, to and from the islands of Molokai or Lanai for longer than twenty-four hours.  The governor shall reasonably exercise all available emergency powers, pursuant to this chapter, in coordination with the Federal Aviation Administration and other federal agencies or officials, to ensure the availability of essential transportation services, as determined by the governor, to impacted residents, including:

     (1)  Activation and deployment of the Hawaii air national guard to provide essential air service;

     (2)  Use of private contractors to provide essential air service;

     (3)  Use of air carriers providing cargo service to and from Molokai and Lanai to provide essential passenger service; or

     (4)  If air service cannot be procured or completed, use of waterborne or maritime craft and carriers to ferry impacted residents."

     SECTION 3.  The department of transportation shall develop a plan and design to expand the runway at Molokai airport to accommodate the landing of larger aircraft.  As part of the plan, the department shall identify and analyze the most efficient construction technologies available for expedient runway expansion.

     The department of transportation shall submit the plan and a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026.

     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 2025-2026 for the planning and design of the expansion of the Molokai airport runway, pursuant to this Act.

     The sum appropriated shall be expended by the department of transportation 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, 2025.

Report Title:

Governor; DOT; Emergency Management; Emergency Powers; Essential Transportation Service; Essential Air Travel; Molokai; Lanai; Runway Expansion; Report to Legislature; Appropriation

Description:

Requires the Governor to declare a state of emergency and use emergency powers if air transportation service is unavailable, or foreseeably unavailable, to and from the island of Molokai or Lanai for longer than 24-hours.  Requires the Department of Transportation to plan and design an expansion of the runway at Molokai airport to accommodate larger aircraft.  Appropriates moneys.

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. 417

Honolulu, Hawaii

RE:    S.B. No. 1570

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts, to which was referred S.B. No. 1570 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Governor to declare a state of emergency and use emergency powers if air transportation service is unavailable, or foreseeably unavailable, to and from the island of Molokai or Lanai for longer than twenty-four hours;

     (2)  Require the Department of Transportation to plan and design an expansion of the runway at Molokai Airport to accommodate larger aircraft; and

     (3)  Appropriate funds.

     Your Committees received testimony in support of this measure from the Department of Transportation; Molokaʻi Drugs, Inc.; Kapualei Ranch; Rawlins Service Texaco; and seventeen individuals.

     Your Committees received testimony in opposition to this measure from one individual.

     Your Committees received comments on this measure from the Department of the Attorney General, Department of Budget and Finance, Hawaiʻi Emergency Management Agency, and one individual.

     Your Committees find that the needs of the communities on Molokai and Lanai are not being met by the current commercial air carrier.  This measure will allow for more aircrafts to land on Molokai thereby providing residents with greater transportation opportunities.  Your Committees note the testimony provided by the Department of the Attorney General at the public hearing on this measure.  According to the Department of the Attorney General, compelling the Governor to exercise emergency powers to address air transportation shortfalls affecting Molokai and Lanai violates the separation of powers doctrine.  Additionally, the Governor currently has the authority to exercise emergency powers if air transportation shortages cause an emergency or disaster, or there is imminent danger or threat of an emergency or a disaster in any portion of the State. 

     Accordingly, your Committees have amended this measure by:

     (1)  Deleting language that would have required the Governor to declare a state of emergency and use emergency powers if air transportation is unavailable to and from the islands of Molokai or Lanai for longer than twenty-four hours;

     (2)  Amending section 1 to reflect its amended purpose;

     (3)  Inserting an effective date of July 1, 2077, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1570, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1570, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts,