HB2581 SD2

PART I

SECTION 1. The legislature finds that it is necessary to reestablish the proper constitutional framework of checks and balances and separation of powers between the legislature and the executive branch with respect to the enactment of laws to address important issues of public policy. Article III, section 1, of the Hawaii State Constitution vests the "legislative power of the State" in the legislature. Article V, section 5, of the Hawaii State Constitution gives the governor the responsibility "for the faithful execution of the laws" that are enacted.

The legislature further finds that the decision of the Hawaii Supreme Court in Nakoa v. Governor of State, 156 Hawaii 416, 575 P.3d 506 (2025), threatens to upset this vital constitutional balance. The Hawaii Supreme Court interpreted chapter 127A, Hawaii Revised Statutes, to grant the governor emergency powers, including the power to suspend laws enacted by the legislature, to address "conditions that threaten substantial harm to Hawaii's people, property, or environment", including but not only discrete, sudden events, but also "long‑term issues", such as the nearly century-long shortage of affordable housing in Hawaii.

The legislature additionally finds that in order to preserve the separation of powers and avoid executive overreach, it must remain the exclusive province of the legislature to address longstanding public-policy challenges.

Therefore, the purpose of this part is to clarify that the emergency powers granted by chapter 127A, Hawaii Revised Statutes, to the governor and county mayors are strictly limited to situations that involve responding to the sudden occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from natural or human-caused hazards.

SECTION 2. Section 127A-2, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Catastrophic harm" means extraordinary levels of loss of life, mass casualties, or life-threatening physical injury to a large number of persons, or the sudden failure or destruction of critical infrastructure essential to immediate public safety or life-sustaining public health functions."

2. By amending the definition of "disaster" to read:

""Disaster" means [~~any emergency,~~] the occurrence or imminent threat [~~thereof, which results~~ ~~or may likely result in~~] of widespread or severe damage, injury, or loss of life, property, or environment [~~and~~] resulting from any sudden natural or artificial cause, including hurricanes, windstorms, floods, extreme rain events, earthquakes, landslides, mudslides, volcanic activity, tsunamis, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, hazardous material accidents, disease or contagion outbreaks, bioterrorism, cyberterrorism, terrorism, or incidents involving weapons of mass destruction, that requires, or may require, assistance from other counties, states, the federal government, or from private agencies."

3. By amending the definition of "emergency" to read:

""Emergency" means [~~any~~] the occurrence[,] or imminent threat [~~thereof, which results or may likely result in substantial injury or~~] of a disaster that causes or may be likely to cause catastrophic harm and immediate danger to the population [or], substantial damage to or loss of property, or substantial damage to or loss of the environment[.] and that timely action can avert or minimize."

PART II

SECTION 3. The legislature finds that the State's communities face increasing risks from climate change, sea level rise, flooding, wildfires, drought, hurricanes, and other natural hazards. Recent disasters in the State and across the country demonstrate the importance of strengthening community‑based preparedness and resilience.

The legislature further finds that trusted community gathering places, including schools, libraries, parks, and nonprofit facilities, can serve as neighborhood coordination centers during emergencies. These "community resilience hubs" can provide emergency information, communications, charging stations, and mutual aid services to residents during disasters.

The legislature also finds that federal programs, including initiatives supported by the National Oceanic and Atmospheric Administration's National Sea Grant College Program, demonstrate the effectiveness of community-led resilience planning and stewardship. However, additional state coordination, implementation, and support are necessary to expand these efforts statewide.

The purpose of this part is to establish a Hawaii community resilience hub program within the Hawaii emergency management agency to support the development of community-based resilience hubs across the State and leverage federal, philanthropic, and private-sector funding for disaster preparedness and climate resilience.

SECTION 4. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§127A- Hawaii community resilience hub program. (a) There is established within the agency a Hawaii community resilience hub program.

(b) The program shall support the development and coordination of community-based resilience hubs that provide emergency preparedness resources, disaster response support, and climate resilience education for communities throughout the State.

(c) The agency shall administer the program in coordination with National Sea Grant College Program at the university of Hawaii; the department of land and natural resources; county emergency management agencies; community‑based, nonprofit, and Native Hawaiian stewardship organizations; and other public and private partners as appropriate.

(d) The agency may provide grants, technical assistance, and other support to eligible applicants to establish or enhance community resilience hubs. Eligible applicants may include:

(1) Nonprofit organizations;

(2) Community associations;

(3) Educational institutions;

(4) Cultural or faith-based organizations;

(5) Local government agencies; and

(6) Other organizations that operate trusted community gathering places.

(e) Program funds may be used for activities including but not limited to:

(1) Disaster preparedness training and volunteer coordination;

(2) Community-based climate resilience planning and education;

(3) Emergency communications equipment and internet access;

(4) Installation of renewable energy systems and battery storage to provide backup power;

(5) Water storage, emergency supplies, and disaster preparedness equipment;

(6) Cooling centers, air filtration systems, and public health support during extreme weather events; and

(7) Other resilience-building activities as determined by the agency.

(f) In administering the program, the agency shall seek to leverage additional funding from:

(1) Federal resilience and disaster preparedness programs;

(2) Philanthropic foundations;

(3) Private sector partnerships; and

(4) Other sources of public and private funding.

(g) The agency shall prioritize projects that demonstrate strong community partnerships, serve vulnerable or underserved communities, incorporate culturally grounded stewardship practices, and increase statewide disaster preparedness capacity. The agency shall also prioritize community resilience hub grant applications that demonstrate active participation in the Federal Emergency Management Agency's Community Emergency Response Team Program or other recognized community disaster preparedness programs.

(h) In addition to supporting community resilience hubs, the agency shall identify multiple existing locations on each island that the agency can activate and use as state disaster response and mitigation hubs when a state of emergency is declared. These disaster response and mitigation hubs shall:

(1) Be in locations in which they can effectively serve multiple communities;

(2) Be accessible by both first responders and the general public during emergencies;

(3) Be easily activated in the event of an emergency; and

(4) Meet any other requirements established by the agency.

The department shall also identify disaster response and mitigation hubs that can be activated if the main hub locations are inoperable as a result of any disaster or emergency.

The agency shall coordinate and oversee volunteers to assist with facility operation and to manage supplies

and distribution.

(i) The agency shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall include:

(1) The number and locations of community resilience hubs supported by the program;

(2) The types of projects funded;

(3) Amounts of federal, philanthropic, and private funding leveraged; and

(4) Recommendations for improving and expanding the program."

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 2026-2027 for the establishment and implementation of the Hawaii community resilience hub program.

The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this part.

PART III

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2055.

HOUSE OF REPRESENTATIVES	H.B. NO.	2581
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2