SB2141 SD1

SECTION 1. The legislature finds that in September 2017, Hurricanes Irma and Maria struck Puerto Rico with devastating force, causing an estimated $95,000,000,000 in damages to the island, including extensive damages to the island's electrical infrastructure. The legislature further finds that a direct hit on Oahu from a similar category five hurricane would almost certainly cause extensive property damage and extended power outages across the island. Moreover, much of the State's energy-generating infrastructure is susceptible to storm surges due to the structures being located at or near coastlines. The Hawaii emergency management agency estimates that under a best-case scenario, it would take at least fourteen days after landfall of a category four hurricane on Oahu to restore eighty per cent of grid power. Most public emergency shelters in the State do not have the capacity to provide two weeks of electrical service, and relief from the mainland is dependent upon a functioning airport and seaport. Furthermore, the risks of a natural disaster increase with the impacts of climate change.

The legislature also finds that the Lahaina fire of August 2023 was the worst natural disaster in the history of Hawaii. As the effects of climate change become more pronounced and the rate of severe fires increases, Hawaii must have electrical grids that can withstand these extreme events.

The legislature hereby declares that it shall be the policy of the State to ensure that the State is prepared to withstand natural disasters and other emergencies and protect the State's critical infrastructure and its citizens by making investments in grid resiliency. The goals of this policy are to:

(1) Prevent or reduce the severity of damage to the electric grid from a natural disaster or state of emergency;

(2) Enable faster recovery of normal grid operations after a grid outage due to a natural disaster or state of emergency; and

(3) Maintain critical loads at critical infrastructure, such as hospitals, fire stations, police stations, airports, and seaports during a grid outage due to a natural disaster or state of emergency.

The purpose of this Act is to create a homeland security and resiliency council to identify electric grid and other critical infrastructure needs and provide recommendations for enhancing grid and critical infrastructure resiliency throughout the State.

SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128A- Homeland security and resiliency council; membership; duties. (a) There is established a homeland security and resiliency council, which shall be placed within the office of homeland security for administrative purposes.

(b) The council shall comprise the following members or their designees:

(1) The director of law enforcement, who shall serve as the co-chair of the council;

(2) The director of the office of planning, who shall serve as co-chair of the council;

(3) The administrator of the Hawaii emergency management agency;

(4) The director of transportation;

(5) The executive officer of the public utilities commission;

(6) The executive director of the division of consumer advocacy of the department of commerce and consumer affairs;

(7) A representative from the Hawaii state energy office;

(8) The directors of each of the county emergency management agencies; and

(9) The directors of each of the county water supply departments.

(1) Representatives of each electric utility company operating in Hawaii;

(2) Representatives of each telecommunications company serving at least one hundred thousand customers in Hawaii;

(3) Representatives of each fuel importer and fuel refiner operating in Hawaii; and

(4) Representatives of each gas utility company operating in Hawaii.

(d) In addition to the members listed in subsections (b) and (c), the co-chairs of the council may invite the participation or input of members of the public; experts in the field; county, state, or federal officials; or others as necessary.

(e) Members of the council shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(f) The council shall:

(1) Establish strategies, goals, priorities, and recommendations to enhance the security and resiliency of the electric grid and other critical infrastructure sectors in the State, and give appropriate consideration to interdependencies between the sectors and to differing needs of communities based on location, access to resources, and vulnerabilities; and

(2) Assess the capacity and availability of existing resources and identify new sources of revenue necessary to enhance resiliency of critical infrastructure sectors.

(g) The council shall submit a report summarizing its findings, recommendations, and the status of actions to enhance electric grid and other critical infrastructure sector security and resiliency to the governor, legislature, and mayor and county council of each county no later than twenty days prior to the convening of the regular session of 2025, and every two years thereafter.

(h) In carrying out its duties, the council, to the extent permitted by law, shall take appropriate measures to protect from public release any confidential or sensitive information if the release of that information could expose critical infrastructure to attack or damage.

(i) Nothing in this section shall be deemed to delegate or detract in any way from the functions, powers, and duties conferred by law or ordinance on any state or county department or agency."

SECTION 3. Section 128A-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Critical infrastructure sector" means a sector whose assets, systems, and networks, whether physical or virtual, are vital to the State's security, economic security, public health or safety, or any combination thereof, including but not limited to the water, transportation, electrical energy, fuel import and refining, and communications sectors.

"Electric grid" means the network of electric generators, transmission and distribution lines, substations, energy storage devices, and supporting infrastructure used to produce and deliver electricity to end-users.

"Resiliency" means the capacity to prevent or reduce the severity of damage from natural disaster or manmade emergencies, and to enable faster recovery of normal infrastructure operations after a natural disaster or manmade emergency."

SECTION 4. 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 Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. 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 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 2024-2025 for the homeland security and resiliency council to perform its duties under chapter 128A, Hawaii Revised Statues.

The sum appropriated shall be expended by the office of homeland security for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2042.

THE SENATE	S.B. NO.	2141
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII