HB970 SD1

Report Title:

Emergency Relief for Natural Disasters

Description:

Emergency appropriations for the damage and destruction caused by heavy rains and flooding in February and March 2006. (HB970 SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	970
TWENTY-THIRD LEGISLATURE, 2005		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO EMERGENCY RELIEF FOR NATURAL DISASTERS.

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

SECTION 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Hawaii State Constitution.

SECTION 2. The purpose of this Act is to appropriate funds to:

(1) Cover the costs of recovery efforts that are the result of storms that occurred in February and March 2006; and

(2) Hire consultants to:

(A) Determine the structural integrity of dams and reservoirs statewide;

(B) Assess potential immediate risks; and

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 2005-2006, for staff expenses and to hire consultants to assess the impact existing dams and reservoirs have on agricultural operations and the impact if existing dams and reservoirs were removed.

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

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 2005-2006, for the controlled breaching of the Kailua reservoir and dam in Waimanalo, Oahu.

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

SECTION 5. 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 2005-2006, for overtime, travel and other staff expenses and to hire consultants and experts to review legal issues related to dam and reservoir failures and issues relating to the safety of existing dams and reservoirs. Funds may also be used for expenses related to possible litigation concerning dam and reservoir failures and to hire consultants to conduct an independent investigation regarding reservoir failures and issues relating to the safety of existing dams and reservoirs.

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

SECTION 6. 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 2005-2006, to cover operational expenses associated with storm recovery efforts, including but not limited to state civil defense twenty-four-hour emergency operations center overtime costs expended by civil defense workers, contractors that are helping to pump reservoirs to maintain safer water levels, national guard personnel on state active-duty status, and Blackhawk helicopter operating expenses.

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

SECTION 7. 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 2005-2006, for staff expenses and to hire consultants to conduct surveys, studies, and assessments of private and government owned dams and reservoirs statewide to determine their current physical integrity. Assessments shall include recommendations for future structural needs and identification of potential effects or threats to areas around and downstream of the dams and reservoirs.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act; provided that of the $ , appropriated, $ , or so much thereof as may be necessary, may be used to repair the breach at Ka Loko reservoir on Kauai and relocate the spillway.

SECTION 8. 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 2005-2006, for staff expenses and to hire consultants to respond to and assess flood damage at state parks and on state lands.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 9. 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 2005-2006, for the dredging and removal of mud and silt accumulated at the entrance to the Wailoa river, Hilo, Hawaii.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 10. 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 2005-2006, for the roadway and slope stabilization along a portion of Roundtop drive, Oahu and for storm property damage incurred on the state owned lands in Maunalaha valley, Oahu, including but not limited to hiring of consultants to plan, design, and construct roadway and slope stabilization measures, repair internal roadways and drainageways, and clear streams of sediment and debris in Maunalaha valley.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 11. 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 2005-2006, for the roadway and slope stabilization below a portion of Roundtop drive, Oahu on the Manoa valley side and for storm property damage incurred on the state owned lands in Manoa valley, Oahu, including but not limited to hiring of consultants to plan, design, and construct slope stabilization measures, repair drainageways, and clear area sediment and debris in Manoa valley.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 12. There is appropriated out of the state highway fund the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, for staff and other expenses, including equipment rentals, and to hire contractors and consultants for repair of road damage and stabilization of road embankments on Kuhio highway, Kauai.

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

SECTION 13. There is appropriated out of the state highway fund the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, for the repair and maintenance to Round Top drive in Tantalus, Honolulu, due to damage caused by the heavy rain and flooding.

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

SECTION 14. There is appropriated out of the state highway fund the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, and out of federal funds the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, for a capital improvement project to design and construct emergency roadway erosion remediation at various locations on Kauai damaged by the storms in February and March 2006. Work shall include:

(1) Installing temporary and permanent erosion control measures;

(2) Restoring roadways, shoulders, and utility improvements;

(3) Installing guardrails and shoulder stabilization measures;

(4) Installing retaining walls;

(5) Upgrading drainage structures; and

(6) Installing other miscellaneous improvements.

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

SECTION 15. 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 2005-2006, for the repair and maintenance of public infrastructure caused by heavy rain and flooding in the city and county of Honolulu; provided that if the city and county of Honolulu receives emergency funds from the Federal Emergency Management Agency, the city and county of Honolulu shall reimburse the State in an amount not to exceed the amount appropriated to the city and county of Honolulu under this Act.

The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 16. Each department or agency expending funds authorized by this Act shall submit reports to the legislature no later than July 15, 2006,, January 15, 2007, and July 15, 2007. The information contained in the reports shall:

(1) Be organized by county;

(2) Provide summaries of expenditure data on a statewide basis; and

(3) Include but not be limited to:

(A) The date of each expenditure;

(B) The purpose and a description of each expenditure;

(D) If funds not authorized by this Act are used by any department or agency for the purposes of this Act:

(i) The source of those funds, by specific program;

(ii) The impact to the programs originally funded by those funds; and

(iii) The need for any emergency appropriations that resulted from the diversion of those funds.

SECTION 17. The reports required from the department of land and natural resources under section 16 of this Act shall also contain progress reports that include:

(1) A list of dams for which inspections have been completed;

(2) A list of dams that are currently in the process of being inspected; and

(3) A list of dams that have not yet been inspected.

SECTION 18. Any provision of this Act to the contrary notwithstanding, the appropriations authorized under this Act shall not lapse at the end of the fiscal year for which the appropriations were made. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2007, shall lapse.

SECTION 19. This Act shall take effect upon its approval.