THE SENATE	S.B. NO.	5
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to hurricane resistant criteria.

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

SECTION 1. The legislature finds that subsection (c) of section 107-27, Hawaii Revised Statutes, was established by Act 84, Session Laws of Hawaii 2018 (Act 84). However, the process for enacting Act 84 was found to be unconstitutional by the Hawai‘i Supreme Court in League of Women Voters of Honolulu v. State of Hawaii, 499 P.3d 382 (Haw. 2021), and the subsection is no longer valid law.

The legislature further finds that the underlying policy of Act 84 – to require consideration of hurricane resistant criteria in the design and construction of new public schools – is meritorious and should be applied to all new state buildings.

The purpose of this Act is to require the design and construction of new state buildings to consider hurricane resistant criteria.

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 state building construction shall be allowed to 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.]

(c) For state buildings constructed on or after July 1, 2023, the State shall consider hurricane resistant criteria when designing and constructing new state buildings for the capability of providing shelter refuge."

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

_____________________________

Report Title:

Public Improvements; State Building Design and Construction; New State Buildings; Disaster Preparedness; Hurricane; Standards

Description:

Requires the State to consider hurricane resistant criteria when designing and constructing new state buildings, constructed on or after 7/1/2023, for the capability of providing shelter refuge.

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