STAND. COM. REP. NO. 3293

Honolulu, Hawaii

RE: H.B. No. 2581

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2581, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify the types of events that constitute disasters and emergencies for the purposes of emergency management.

Your Committee received testimony in support of this measure from Aloha Independent Living Hawaii, Sierra Club of Hawaiʻi, ACLU Hawaiʻi, Earthjustice, Kūpuna for the Moʻopuna, Grassroot Institute of Hawaii, Free Access Coalition, and twenty-seven individuals.

Your Committee received testimony in opposition to this measure from the Hawaii Emergency Management Agency, Department of Emergency Management of the City and County of Honolulu, Hawaiʻi Christian Coalition, and two individuals.

Your Committee received comments on this measure from the Office of the Mayor of the City and County of Honolulu.

Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which amends this measure by replacing its contents with language that:

(1) Establishes the Hawaii Community Resilience Hub Program within the Hawaii Emergency Management Agency;

(2) Requires annual reports to the Legislature; and

(3) Appropriates funds.

Your Committee received testimony in support of the proposed S.D. 1 from the University of Hawaiʻi Sea Grant College Program and AARP Hawaii.

Your Committee received testimony in opposition to the proposed S.D. 1 from the Grassroot Institute of Hawaii.

Your Committee received comments on the proposed S.D. 1 from Earthjustice.

Your Committee finds that community disaster resilience planning can help communities identify the natural hazards to which they are susceptible and identify residents who may be most vulnerable. With this information, communities can develop strategies to reduce risk and improve outcomes during emergencies. This measure will facilitate more integrated disaster planning to help local governments better protect the State's residents from natural disasters.

Your Committee further finds that existing statutory provisions governing states of emergency are vague and overly permissive of emergency actions, allowing the Governor's and mayors' use of emergency powers without oversight and with few restrictions. Additionally, recent court decisions threaten to exacerbate this problem by allowing the use of emergency powers to address long-term issues of public policy. Without legislative action, these court decisions would undermine the balance of powers that is central to effective governance in the State. Your Committee therefore believes that amendments to this measure are necessary to address the potential abuse of emergency powers.

Accordingly, your Committee has amended this measure by adopting the proposed S.D. 1 and further amending the measure by:

(1) Inserting the contents of H.B. 2581, H.D. 2 (Regular Session of 2026), which clarifies the types of events that constitute disasters and emergencies for the purposes of emergency management; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2581, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2581, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

________________________________

CAROL FUKUNAGA, Chair