Bill Text: HI HB2610 | 2024 | Regular Session | Amended

---

Bill Title: Relating To Disaster Relief.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-16 - Re-Referred to WAM. [HB2610 Detail]

Download: Hawaii-2024-HB2610-Amended.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	2610
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 2
		Proposed

A BILL FOR AN ACT

 

 

RELATING TO DISASTER RELIEF.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that on August 8, 2023, wildfires devastated Lahaina and parts of upcountry Maui.  Assistance from Hawaii and the mainland rushed to support Maui and has continued into recovery.  In particular, the Federal Emergency Management Agency provided response support and offers recovery assistance via several programs, including the hazard mitigation grant program.  This grant program funds projects that assist communities to build back better and stronger as well as reduce future damage from natural hazards statewide.  However, the grant program requires a match from non-federal funds, and the current estimate of hazard mitigation grant program funding under the Maui wildfire disaster (FEMA-DR-4742-HI) is in excess of $150,000,000.  In previous disasters, many potential applicants have faced difficulty planning for and identifying funds for the local match and will face similar difficulty in this instance.  This difficulty has been one of the primary impediments to the complete and efficient use of hazard mitigation grant program funding and warrants assistance from the State.

     The purpose of this part is to establish a disaster relief match special fund and appropriate funds to provide the local match requirements of the Maui wildfires hazard mitigation grant program.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A‑     Disaster relief match special fund; established.  (a)  There is established the disaster relief match special fund into which shall be deposited appropriations by the legislature to the special fund.

     (b)  The disaster relief match special fund shall be administered and expended by the department of defense to provide the local match requirements of the Federal Emergency Management Agency's Maui wildfires hazard mitigation grant program (FEMA-DR-4742-HI).

     (c)  The department of defense:

     (1)  Shall evaluate applications for funding from the special fund;

     (2)  Shall recommend priority applications to the Federal Emergency Management Agency for review, approval, and award; and

     (3)  May establish criteria for evaluating requests from potential applicants for matching support out of the special fund; provided that:

          (A)  The default level of matching support between the special fund and any other local source shall be fifty-fifty; and

          (B)  If the department of defense identifies applicants as small, economically disadvantaged communities or groups, the department may provide the entire local match requirement from the special fund."

     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 2024-2025 to be deposited into the disaster relief match special fund.

     SECTION 4.  There is appropriated out of the disaster relief match special fund the sum of $          or so much thereof as may be necessary for fiscal year 2024-2025 to provide the local match requirements of the Federal Emergency Management Agency's Maui wildfires hazard mitigation grant program (FEMA-DR-4742-HI) for projects that implement mitigation measures to prevent and minimize the impacts the natural hazards affecting the State.

     The sum appropriated shall be expended by the department of defense for the purposes of this part.

PART II

     SECTION 5.  The legislature finds that the devastating wildfires brought on by winds from Hurricane Dora on August 8, 2023, resulted in one of the worst natural disasters in the State's history.  The wildfires caused loss of life and displacement of thousands on the island of Maui.  The disaster also destroyed nearly all of Lahaina.

     The people of Hawaii and the world responded compassionately by coming together with donation drives and relief efforts to support those on Maui who had survived the devastation.  Federal, state, and county agencies worked together with nonprofit organizations, including the American Red Cross, Hawaii Community Foundation, Maui United Way, and many others, on the emergency response and recovery efforts.

     The legislature further finds that to support response and recovery efforts and address immediate 2023 wildfire funding needs, the governor, through the seventh emergency proclamation relating to wildfires, dated September 8, 2023, and executive memorandum no. 23-08, redirected $164,100,000, after adjustments, from selected general fund operating appropriations from Act 164, Session Laws of Hawaii 2023, originally intended for specific purposes and capital improvement projects, to the department of budget and finance.  The department of budget and finance subsequently transferred $65,000,000 to the major disaster fund and set aside the remaining $99,100,000 for the State's share of noncongregate housing and debris clean-up costs initially being paid by the Federal Emergency Management Agency.  These steps, among others, allowed the State to address response and recovery expenses incurred thus far without cutting positions and departmental base budgets.

     The purpose of this part is to continue the Maui wildfires disaster response and recovery efforts by:

     (1)  Appropriating $452,900,000 relating to the State's response to the Maui wildfires and statewide wildfire mitigation and response;

     (2)  Reauthorizing $160,200,000 of general funded capital improvement project operating appropriations as general obligation bond funded appropriations; and

     (3)  Authorizing the issuance of reimbursable general obligation bonds and appropriating the bond proceeds for certain capital improvement projects in the county of Maui.

     SECTION 6.  There is appropriated out of the state risk management revolving fund established by section 41D-4, Hawaii Revised Statutes, the sum of $200,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for insurance claim payments related to the Maui wildfires disaster that began on August 8, 2023.

     The sum appropriated shall be expended by the department of accounting and general services, state risk management and insurance administration (AGS 203), for the purposes of this section, with the approval of the comptroller.

     SECTION 7.  There is appropriated out of the general revenues of the State of Hawaii the sum of $186,160,000 or so much thereof as may be necessary for fiscal year 2024-2025 as a set-aside for recovery costs for the Maui wildfires disaster that began on August 8, 2023.

     The sum appropriated shall be expended by the department of budget and finance, departmental administration and budget division (BUF 101), for the purposes of this section; provided that any law to the contrary notwithstanding, the governor may authorize the transfer of up to $186,160,000 in general funds to other state agencies for recovery costs for the Maui wildfires disaster that began on August 8, 2023; provided further that the governor shall submit a report to the legislature within five days of each use of this authority; provided further that the report shall include the date of transfer, the amount of the transfer, the program ID to which funds were transferred, and an explanation of the purpose of the transfer of resources; and provided further that the governor shall submit to the legislature a summary report containing the aforementioned information for each use of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular sessions of 2025 and 2026.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $125,000 or so much thereof as may be necessary for fiscal year 2024-2025 for temporary libraries located in Makawao and Lahaina, Maui.

     The sum appropriated shall be expended by the Hawaii state public library system, public libraries (EDN 407) for the purposes of this section.

     SECTION 9.  (a)  The department of human services is authorized to fund six full-time equivalent (6.0 FTE) temporary positions to be funded by federal funds.

     (b)  There is appropriated out of the general revenues of the State of Hawaii the sum of $13,370,000 or so much thereof as may be necessary for fiscal year 2024-2025, and the sum of $12,751,554 or so much thereof as may be necessary for fiscal year 2024-2025 in federal funds for emergency management related to the Maui wildfires that began on August 8, 2023.

     (c)  The sums appropriated shall be expended by the  department of human services, general administration – DHS (HMS 904), for the purposes of this section.

     SECTION 10.  There is appropriated out of the conservation and resources enforcement special fund established by section 199-1.5, Hawaii Revised Statutes, the sum of $521,473 or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources, conservation and resources enforcement, for Maui wildfire recovery efforts.

     The sum appropriated shall be expended by the department of land and natural resources, conservation and resources enforcement (LNR 405), for the purposes of this section.

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $653,082 or so much thereof as may be necessary for fiscal year 2024-2025 to the Hawaii emergency management agency to establish twenty full-time equivalent (20.0 FTE) permanent positions for Maui wildfire recovery.

     The sum appropriated shall be expended by the Hawaii emergency management agency (DEF 118) for the purposes of this section.

     SECTION 12.  There is appropriated out of the public utilities commission special fund established by section 269-33, Hawaii Revised Statutes, the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for consultant contracts for utility dockets.

     The sum appropriated shall be expended by the public utilities commission (CCA 901) for the purposes of this section.

     SECTION 13.  There is appropriated or authorized for expenditure out of federal moneys received by the State of Hawaii the sum of $20,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for wildfire response, recovery, and prevention measures.

     The sum appropriated shall be expended by the department of Hawaiian home lands, administration and operating support (HHL 625), for the purposes of this section.

     SECTION 14.  There is appropriated or authorized for expenditure out of federal moneys received by the State of Hawaii the sum of $7,425,000 or so much thereof as may be necessary for fiscal year 2024-2025 for fire response and rehabilitation and wildfire fuels reduction contracts for the department of land and natural resources, division of forestry and wildlife.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this section.

     SECTION 15.  There is appropriated or authorized for expenditure out of federal moneys received by the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fire and emergency response equipment.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this section.

     SECTION 16.  There is appropriated out of the public utilities commission special fund established under section 269‑33, Hawaii Revised Statutes, the sum of $900,000 or so much thereof as may be necessary for fiscal year 2024-2025 for consultant contracts for utility dockets.

     The sum appropriated shall be expended by the division of consumer advocacy (CCA 103) for the purposes of this section.

     SECTION 17.  The director of finance is authorized to issue general obligation bonds in the sum of $2,360,000 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2024-2025 for the purpose of West Maui and Upcountry Maui fire prevention, erosion control, and fire suppression dip tanks.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this section.

     SECTION 18.  The director of finance is authorized to issue reimbursable general obligation bonds in the sum of $63,560,000 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2024-2025 as follows:

     (1)  $4,560,000 for a final disposition site;

     (2)  $11,000,000 for wastewater collection system repairs;

     (3)  $9,000,000 for wastewater collection system laterals and cleanouts;

     (4)  $3,000,000 for traffic signal replacement;

     (5)  $10,000,000 for fire flow improvements to water systems;

     (6)  $10,000,000 for water supply infrastructure repairs and replacements;

     (7)  $8,000,000 for storm drainage, flood control, and water quality improvements; and

     (8)  $8,000,000 for roadway connectivity for disaster evacuation.

     The sum appropriated shall be expended by the county of Maui through (SUB 401) for the purposes of this section.

     SECTION 19.  The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated or authorized, as the case may be, from moneys in the treasury received from revenue bond funds and federal grants to finance the project listed below.  The letter symbols used after the specific project appropriations indicate the source of financing and have the following meaning:  (E) revenue bond funds, (N) federal funds.

            LAHAINA REPAIR, REHABILITATION, AND/OR REINSTALLATION, MAUI

 

            DESIGN AND CONSTRUCTION.

                  TOTAL FUNDING                TRN        $ 6,600,000E

                                                           26,400,000N

 

     The bonds authorized shall be issued, and the sums appropriated shall be expended, by the department of transportation, Maui highways (TRN 531), for the purposes of this section.

     SECTION 20.  Part II of Act 164, Session Laws of Hawaii 2023, is amended by amending section 3 as follows:

     1.  By amending item A-24 to read as follows:

"24.  BED160 - HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION

       OPERATING                         BED      150,000,000A  [230,000,000A]

                                                                             A

                                         BED        3,100,000N      3,100,000N

                                                        23.00*          23.00*

                                                        45.00#          45.00#

                                         BED       13,533,889W     14,046,265W

                                         BED        3,000,000P      3,000,000P

       INVESTMENT CAPITAL                BED       45,000,000C   230,000,000C"

 

     2.  By amending item G-22 to read as follows:

"22.  UOH800 - UNIVERSITY OF HAWAII, COMMUNITY COLLEGES

                                                       1,812.50*      1,812.50*

                                                          46.00#         46.00#

       OPERATING                         UOH        177,676,803A   182,428,030A

                                         UOH         75,630,837B    75,630,837B

                                                           0.50*          0.50*

                                         UOH          4,428,296N     4,428,296N

                                                          34.00*         34.00*

                                         UOH         31,824,086W    31,824,086W

       INVESTMENT CAPITAL                UOH         50,250,000A  [50,000,000A]

                                                                    25,000,000A

                                         UOH         80,625,000C  [13,000,000C]

                                                                    38,000,000C"

     and

     3.  By amending item G-23 to read as follows:

"23.  UOH900 - UNIVERSITY OF HAWAII, SYSTEMWIDE SUPPORT

                                                      416.00*         416.00*

                                                        1.00#           1.00#

      OPERATING                         UOH       62,925,512A     59,963,501A

                                                       20.00*          20.00*

                                        UOH       22,648,946B     23,826,197B

                                                        4.00*           4.00*

                                                        4.00#           4.00#

                                        UOH        1,094,875N      1,094,875N

                                                       15.00*          15.00*

                                        UOH       18,486,475W     18,501,237W

      INVESTMENT CAPITAL                UOH       30,000,000A    [30,000,000A]

                                                                            A

                                                            C     30,000,000C"

     SECTION 21.  Part V of Act 164, Session Laws of Hawaii 2023, is amended by amending section 7 as follows:

     1.  By amending item G-138 to read as follows:

"138.       CCS, CAPITAL RENEWAL AND DEFERRED MAINTENANCE, STATEWIDE

 

      PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR IMPROVEMENTS TO UH COMMUNITY COLLEGES SYSTEM FACILITIES. PROJECTS TO INCLUDE CAPITAL RENEWAL, REDUCTION OF MAINTENANCE BACKLOG, MAJOR AND MINOR RENOVATIONS, MODERNIZATION OF FACILITIES, RE-ROOFING, MECHANICAL AND ELECTRICAL SYSTEMS, RESURFACING, INFRASTRUCTURE, DEMOLITION OF EXISTING FACILITIES, AND OTHER REPAIRS AND PROJECT COSTS FOR UPGRADES.

             TOTAL FUNDING              UOH            25,000 A    [25,000 A]

                                                             25,000 C"

 

     2.  By amending item G-147 to read as follows:

"147.       SYSTEM, RENEW, IMPROVE, AND MODERNIZE, STATEWIDE

 

      PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR IMPROVEMENTS TO THE UNIVERSITY OF HAWAII SYSTEM FACILITIES. PROJECT TO INCLUDE RENEWAL, IMPROVEMENTS AND MODERNIZATION OF INTERIOR AND EXTERIOR STRUCTURES, ROOFS, MECHANICAL AND ELECTRICAL SYSTEMS, PEDESTRIAN PATHWAYS, ROADWAYS, GROUNDS AND OTHER PROJECT COSTS TO UPGRADE EXISTING TEMPORARY AND NEW FACILITIES.

              TOTAL FUNDING              UOH            30,000 A   [30,000 A]

                                                                    30,000 C"

 

     3.  By adding four new items to read as follows:

"XX.        DWELLING UNIT REVOLVING FUND INFUSION, STATEWIDE

 

      CONSTRUCTION TO PROVIDE AN INFUSION OF FUNDS TO FINANCE ADDITIONAL AFFORDABLE HOUSING, STATEWIDE

               TOTAL FUNDING              BED            C          50,000 C

XX.        RENTAL HOUSING REVOLVING FUND REVOLVING FUND INFUSION, STATEWIDE

 

      CONSTRUCTION TO PROVIDE AN INFUSION OF FUNDS TO FINANCE ADDITIONAL AFFORDABLE RENTAL HOUSING, STATEWIDE

               TOTAL FUNDING              BED            C         180,000 C

XX.        TEMPORARY HOUSING, MAUI

 

      PLANS, DESIGN, CONSTRUCTION, ACQUISITION, AND EQUIPMENT FOR INFRASTRUCTURE FOR TEMPORARY HOUSING IN WEST MAUI

               TOTAL FUNDING              BED            D      40,000,000 D

XX.        MODULAR HOUSING FOR TEMPORARY UNITS, MAUI

 

      PLANS, DESIGN, CONSTRUCTION, ACQUISITION, AND EQUIPMENT FOR INFRASTRUCTURE FOR MODULAR HOUSING FOR TEMPORARY UNITS IN WEST MAUI

               TOTAL FUNDING              BED            D      75,000,000 D"

     SECTION 22.  The appropriations made for the capital improvement projects authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriations unencumbered as of June 30, 2026, shall lapse as of that date.

PART III

     SECTION 23.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No.     , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $          or       per cent.  In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $          or       per cent.  The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or      per cent.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 24.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 25.  This Act shall take effect on July 1, 2042.

 

Report Title:

FEMA; Department of Defense; Maui Wildfires; Hazard Mitigation Grant Program; Disaster Relief Match Special Fund; Appropriations; General Fund Expenditure Ceiling Exceeded

 

Description:

Establishes a Disaster Relief Match Special Fund to support the local match requirements of the Federal Emergency Management Agency Maui Wildfires Hazard Mitigation Grant Program for projects that implement mitigation measures to prevent and minimize the impacts of natural hazards affecting the State.  Appropriates moneys into the Disaster Relief Match Special Fund.  Makes appropriations to support the State's continued response to the August 2023 wildfires that affected the counties of Hawaii and Maui.  Declares that the appropriations exceed the state general fund expenditure ceiling for 2024-2025.  Effective 7/1/2042.  (SD2 PROPOSED)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.