SB 2385: HEMA; Disaster Services; Disability-Related Planning; Disability Integration Specialist and Programming; Appropriation

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 residents in Hawaii 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 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 barriers 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, but the lack of a planned, coordinated response by state and county agencies highlighted systemic inequities in disaster preparedness and response for individuals with disabilities.

     The legislature additionally finds that while the legislature passed Act 210, Session Laws of Hawaii 2024, to establish a limited English proficiency language access coordinator within the Hawaii emergency management agency, that position addresses only the needs of limited English proficient individuals under state and federal language access laws.  Importantly, American Sign Language (ASL) does not fall under the language access law, as ASL is not a foreign language but a distinct language of the deaf community.  The rights of individuals who are deaf, hard of hearing, blind, or have other disabilities arise under the Americans with Disabilities Act (ADA), not language access statutes.

     Accordingly, there remains a critical gap in disaster services planning and response for individuals with disabilities, including those who use ASL and those with access and functional needs.  A disability integration specialist, serving as the State's emergency management specialist within the Hawaii emergency management agency, is needed to ensure compliance with the ADA and related federal and state disability laws, coordinate disability-related planning, and guarantee accessible disaster services for all individuals with disabilities.

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

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

     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 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.  This shall include the provision of auxiliary aids and services to ensure effective communication in all phases of disaster management, advising on accessibility requirements for emergency shelters, evacuation procedures, and disaster communications, and interfacing with disability advocacy organizations, service providers, and community members to strengthen inclusive disaster preparedness and response."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2026-2027 as follows:

     (1)  $100,000 for the establishment of one full-time equivalent (1.0 FTE) disability integration specialist, serving as the emergency management specialist, which shall be exempt from chapter 76, Hawaii Revised Statutes, within the Hawaii emergency management agency; and

     (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:

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

Description:

Amends the Hawaii Emergency Management Agency's functions to include ensuring compliance with the Americans with Disabilities Act and related federal and state disability access laws by integrating the needs of individuals with disabilities and others with access and functional needs into emergency planning, preparedness, response, recovery, and mitigation activities.  Appropriates funds to establish a Disability Integration Specialist and for programming support for disability community projects.

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