HomeMy WebLinkAboutBIL 157 Draft 01 2024-2026AN ORDINANCE AMENDING CHAPTER 7 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DISASTER RECOVERY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Findings and purpose. The County’s experience following the 2018 Kīlauea eruption demonstrated the critical importance of dedicated leadership, intergovernmental coordination,
meaningful community engagement, and structured planning in achieving effective disaster recovery.
Recovery from major disasters is a long-term endeavor that extends well beyond the period of emergency response and often spans multiple years. Effective recovery requires sustained
institutional capacity to coordinate recovery funding, align County actions with State and Federal programs, and ensure affected communities have consistent and meaningful opportunities
to shape their recovery.
Impacted communities are not only beneficiaries of recovery; they are essential partners. Their involvement throughout the recovery process strengthens outcomes and helps ensure the
recovery strategies reflect the needs, values, and realities of those most affected.
No formal framework currently exists within County government to institutionalize disaster recovery operations or provide consistent coordination of recovery programs and resources.
Establishing a disaster recovery framework within the civil defense agency that activates, when necessary, will reduce institutional learning loss between disasters, enable a more efficient
transition from emergency response to recovery operations, and strengthen the County’s capacity to secure and effectively deploy State and Federal disaster recovery resources, while
maintaining ongoing, community-informed engagement throughout the recovery process.
SECTION 2. Chapter 7 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding an article to be appropriately designated and to read as follows:
“Article . Disaster Recovery Framework.
Section 7- - . Definitions.
As used in this article, unless the context otherwise requires:
“Disaster declaration” means a disaster declaration issued by the President of the United States that authorizes Federal disaster assistance for the County.
“State emergency proclamation” means an emergency proclamation issued by the governor under chapter 127A, Hawaiʻi Revised Statutes, declaring a state of emergency affecting the County.
Section 7- - . Disaster recovery program established; activation; deactivation.
(a) A disaster recovery program shall be established within the civil defense agency to coordinate the County’s recovery efforts following major disasters. The program shall operate
in coordination with the County’s emergency management and response functions.
(b) The program shall be administered by the recovery officer under the direction of the mayor and may be activated upon the occurrence of any of the following:
(1) Issuance of a State emergency proclamation;
(2) Issuance of a disaster declaration; or
(3) A determination by the mayor, in consultation with the administrator, that the scale or nature of a disaster warrants activation of recovery operations.
(c) Activation of the program may occur during emergency response operations to facilitate an efficient transition from emergency response to recovery.
(d) Recovery operations shall be considered concluded, and the program deactivated, upon a determination by the mayor that the program established under this article is no longer required.
Section 7- - . Recovery officer.
(a) Upon activation of the disaster recovery program, the mayor shall appoint a recovery officer to lead the County’s disaster recovery operations.
(b) The recovery officer shall serve for the duration of recovery operations associated with the disaster event for which the disaster recovery program has been activated.
(c) The recovery officer shall:
(1) Lead and coordinate the County’s disaster recovery operations;
(2) Coordinate recovery activities across County departments and agencies;
(3) Coordinate with State and Federal agencies responsible for disaster recovery programs and funding;
(4) Manage the receipt, administration, and oversight of disaster recovery programs and funding, in coordination with the department of finance and other relevant County departments;
(5) Oversee the development and implementation of the interim recovery strategy and long-term recovery and resilience plan required under this article;
(6) Lead community engagement efforts and ensure that affected residents and communities have opportunities to participate in recovery planning;
(7) Report on recovery progress and provide updates semi-annually and as directed by the mayor or requested by the council; and
(8) Perform other such duties as may be assigned by the mayor in furtherance of disaster recovery.
(d) The recovery officer must possess demonstrated experience in emergency management, disaster recovery, program administration, or a closely related field, and shall have the organizational,
communications, and intergovernmental coordination skills necessary to lead recovery operations.
Section 7- - . Disaster recovery program functions.
The disaster recovery program shall organize its functions to include the following core areas, which shall be scaled according to available resources and staffed in proportion to the
scope, severity, and duration of recovery needs:
(1) Policy development, recovery planning, coordination, and implementation of recovery strategies;
(2) Financial management and administration of recovery funding and grants;
(3) Legal and regulatory coordination;
(4) Communication and public information; and
(5) Community engagement and capacity building.
Section 7- - . Departmental responsibilities.
All County departments, offices, and agencies shall cooperate and support the program as directed by the mayor or recovery officer, as needed. Such cooperation may include, but is not
limited to:
(1) Committing staff and resources to support recovery operations and coordination;
(2) Coordinating departmental recovery plans and activities with the program;
(3) Providing subject matter expertise and operational support to recovery planning and implementation efforts; and
(4) Participating in recovery coordination meetings, working groups, and other activities as requested by the recovery officer.
Section 7- - . After-action report.
(a) Following the conclusion of each disaster response, the administrator shall prepare an after-action report and transmit it to the mayor and the council.
(b) The after-action report shall address:
(1) A summary of the disaster event, its impacts, and the scope of the County’s response;
(2) An assessment of the effectiveness of emergency response operations, including interagency coordination, resource deployment, and public communications;
(3) Identification of strengths, gaps, and areas for improvement in the County’s emergency response and early recovery capacity;
(4) Recommendations for improvements to emergency plans, procedures, and resource allocation; and
(5) Observations relevant to the transition from emergency response to recovery operations.
Section 7- - . Interim recovery strategy.
(a) Within six months of the activation of a disaster recovery program, the recovery officer shall prepare an interim recovery strategy and transmit it to the mayor and council.
(b) The interim recovery strategy shall provide an initial roadmap for recovery operations, identify immediate recovery priorities, and facilitate coordination of early recovery programs
and funding opportunities.
(c) The interim recovery strategy shall address, to the extent possible, the following elements:
(1) A disaster impact and damage assessment, including an overview of losses to housing, infrastructure, the economy, and community services;
(2) Immediate housing stabilization measures to address the shelter needs of displaced residents;
(3) Community health and social service needs identified in the immediate aftermath of the disaster;
(4) Any temporary regulatory measures that may be appropriate to facilitate recovery, including building or permitting modifications; and
(5) A summary of State and Federal recovery funding and the County’s strategy for accessing such funding.
Section 7- - . Long-term recovery and resilience plan.
(a) Within twelve months following the completion and transmittal of the interim recovery strategy, the recovery officer shall prepare a long-term recovery and resilience plan, which
shall be adopted by resolution of the council and shall serve as the County’s framework for a specific disaster’s recovery operations.
(b) The long-term recovery and resilience plan shall address, to the extent possible, the following:
(1) Housing recovery strategies to restore and expand the housing stock available to affected residents;
(2) Infrastructure restoration plans for the repair, replacement, or improvement of public infrastructure damaged or destroyed by the disaster;
(3) Economic recovery strategies for supporting affected businesses and industries, revitalizing local economies, promoting workforce development, and diversifying economic opportunities
in affected communities;
(4) Measures to address disaster impacts on natural and cultural resources;
(5) Consideration of land use policy, hazard mitigation measures, and planning initiatives that support long-term community resilience; and
(6) An ongoing framework for meaningful participation by affected residents and communities in the implementation of recovery programs.
(c) In preparing the long-term recovery and resilience plan, the recovery officer shall actively engage the community, and shall provide affected individuals opportunities to provide
input on recovery programs and priorities.
Section 7- - . Redevelopment agency.
Notwithstanding any other provision of this article, the mayor, in consultation with the recovery officer, may recommend that the council create, under chapter 53, Hawaiʻi Revised Statutes,
a redevelopment agency to facilitate planning, reconstruction, or development in areas affected by a disaster.”
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: