SB 239: 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 mean 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 more frequently.  It is projected that 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 eighty-one days of northeast trade winds in a span of forty years, the State now has more limited natural protection from hurricanes.

     The legislature also 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, there are numerous wooden homes in Hawaii, most of which 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 certain state buildings, including public school buildings, for which construction is anticipated to commence on or after July 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 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 state buildings, including public school buildings:

     (1)  That are fully enclosed;

     (2)  That have the capacity to shelter a large population;

     (3)  That are intended to serve as shelters during and after a category five hurricane; and

     (4)  For which construction is anticipated to commence on or after July 1, 2026,

shall be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.  For the purposes of this subsection, "state buildings" does not include correctional facilities, covered playgrounds, or sheds."

     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:

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

Description:

Requires certain state buildings, including public school buildings, for which construction is anticipated to commence on or after 7/1/2026 to be designed to withstand category five hurricanes and be used as shelters in the event of an emergency.  (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 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. 230

Honolulu, Hawaii

RE:    S.B. No. 239

       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 Government Operations and Public Safety and Military Affairs, to which was referred S.B. No. 239 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to require 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 Committees received testimony in support of this measure from the Department of Corrections and Rehabilitation, Department of Commerce and Consumer Affairs, and two individuals.

     Your Committees received comments on this measure from the Department of Education, Department of the Attorney General, and Department of Accounting and General Services.

     Your Committees find that climate change is contributing to increasingly frequent and devastating natural disasters, of which hurricanes pose an especially significant threat for our island State.  Improved emergency preparedness is paramount to mitigating loss of life and successfully executing a swift recovery.  This measure addresses the need to prepare by requiring state buildings constructed after January 1, 2026, to meet certain resiliency criteria, thereby fortifying the State's infrastructure and creating safer shelters for the public to take refuge in times of disaster.

     Your Committees note the concern raised by the Department of Accounting and General Services that some public building construction projects currently under design have not been funded to include the structural requirements set forth in this measure, and will require supplemental appropriations for the additional design and construction costs needed to satisfy the required design criteria.  Your Committees also note the Department's concern that there are some types of public buildings that are not intended to be used as emergency shelters, such as small storage facilities, vehicle carports, and similar incidental facilities, and therefore inappropriate to be subject to this measure's design requirements.

     Accordingly, your Committees have amended this measure by:

     (1)  Limiting the application of the design requirements to state buildings, rather than all public buildings:

          (A)  That are fully enclosed;

          (B)  That have the capacity to shelter a large population;

          (C)  That are intended to serve as shelters during and after a category five hurricane; and

          (D)  For which construction is anticipated to commence on or after July 1, 2026, rather than January 1, 2026.

     (2)  Excluding correctional facilities, covered playgrounds, and sheds from the definition of "state buildings" within the context of the design requirement;

     (3)  Amending section 1 to reflect its amended purpose; 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 Government Operations and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 239, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 239, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Government Operations and Public Safety and Military Affairs,