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HomeMy WebLinkAboutREP PCHSW 009 2026-6-02 2024-2026REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY, AND WELL-BEING DATE: June 2, 2026 Re: Comm. No. 888Bill No. 157 PLACE: Council Chambers Hilo, Hawaii TIME: 3:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 157, reports as follows: Bill No. 157, transmitted by Council Member Ashley L. Kierkiewicz via Communication No. 888, dated May 1, 2026, amends Chapter 7 of the Hawaii County Code 1983 (2016 Edition, as amended), related to Disaster Recovery. Bill 157 establishes a County Disaster Recovery Program to coordinate short -and long-term recovery efforts following major disasters, led by a recovery officer appointed by the mayor with the responsibility for recovery planning, interagency coordination, community engagement, funding management, and the development of interim and long-term recovery and resilience plans. Health, Safety, and Well-being Committee Meeting of May 19, 2026 Civil Defense Administrator Talmage Magno was present in the Chambers. The Committee accepted public testimony on Bill 157. Committee Member Kierkiewicz provided an overview, highlighting the 2018 Kilauea eruption and COVID-19 responses. The County lacks an established recovery framework to quickly respond to natural disasters. Ms: Kierkiewicz commended the improvised recovery efforts across three administrations in support to eruption recovery. She also commended Recovery Officer Douglas Le and his efforts in building a recovery framework. Ms. Kierkiewicz cited wasted time and the suffering of constituents because of the lack of knowledge of how to move forward. The recovery framework would activate when natural disaster occurs or via declaration by the federal, state or county governments, and would deactivate when services are no longer needed. The recovery officer position is a mayoral cabinet position but would not be a permanent position. There are two guiding deliverables; six months for the interim recovery strategy and recovery and resilience plan twelve months after the interim recovery strategy is published. Ms. Kierkiewicz continued to highlight the embedded community engagement within Bill 157. She encouraged future administrations to involve the community when the recovery framework is activated. PCHS W Report No. 9 PCHSW-9 Page 2 June 2, 2026 Committee Member Heather L. Kimball thanked Ms. Kierkiewicz for bringing this legislation forward. Ms. Kimball asked what the recourse would be if the appointed recovery officer is not the right fit. Ms. Kierkiewicz responded that this would be an exempt position and the mayor would have full appointment and removal powers. Ms. Kimball questioned if the "civil service" language was needed. Ms. Kimball asked questions concerning oversight and expenditure of resources. Ms. Kierkiewicz asked to clarify "expenditure of resources." Ms. Kimball clarified by citing "resources" as other department staff. Ms. Kierkiewicz stated that this would ensure coordination between departments and the recovery office and would not be sustained long-term but for the beginning of recovery while the long-term team is established. Ms. Kierkiewicz said she was open to adjusting the language. Ms. Kimball cited the possibility of misappropriated spending and suggested that a six-month time frame may be appropriate for an after -action report. Ms. Kierkiewicz stated that a timeframe on the after -action report was discussed with Administrator Magno, but that might be too limiting. She called on Mr. Magno to speak on the subject. Mr. Magno stated that an after -action report must be completed as soon as possible after an event with no specific timeframe. Delays can occur due to back-to-back events. Ms. Kimball asked if there should be some flexibility in the interim, built in to allow for open communication on recovery progress, such as a biennial report to pinpoint what still needs to happen in recovery efforts. Ms. Kimball also discussed including OSCER (the Office of Sustainability, Climate, Equity, and Resilience) in developing resilience strategies. Committee Member Matt Kaneali`i-Kleinfelder stated that he has seen Ms. Kierkiewicz struggle to improve recovery efforts and ensure encumbered recovery funds. The experience showed that government recovery efforts take time. Mr. Kaneali`i-Kleinfelder expressed frustration in seeing government lag, showing support in an established recovery framework. Mr. Kaneali`i- Kleinfelder highlighted securing funding for the Kea`au Armory, observing the lack of progress in improvements. He stated he is supporting the Bill. Committee Member Michelle M. Galimba stated she generally likes the bill but believes one or two more definitions would be helpful, such as a "disaster recovery" definition to help with agency focus. Committee Member Holeka Goro Inaba asked Mr. Magno if Civil Defense was in favor of Bill 157. Mr. Magno affirmed that the Civil Defense Agency is in favor of this bill as it aligns with agency function. He stated that damage assessment occurs immediately after a disaster event and this bill would add continuity to Civil Defense's operation. Mr. Inaba expressed full support, citing Ms. Kierkiewicz's hard work and experience in disaster preparedness and recovery. Committee Member James E. Hustace thanked Ms. Kierkiewicz's foresight in bringing forward Bill 157. Mr. Hustace expressed one question concerning possible barriers in establishing the program, citing the mayor's responsibility in establishing the recovery framework. Ms. Kierkiewicz stated three conditions to activation; federally proclaimed disaster, a state proclaimed emergency, and activation by the mayor. She stated the goal is to provide a transition from response to recovery. PCHSW Report No. 9 PCHSW-9 Page 3 June 2, 2026 Currently, recovery is under the Planning Department because of County officers and their connection to the Puna Community. It currently follows that this officer should be retained by Civil Defense. Mr. Hustace expressed some concern in the language of establishing the framework but also expressed gratitude in the forward -thinking of the bill. Ms. Kierkiewicz stated that the recovery framework may not need to be activated with every disaster, which is why the mayor has oversight. Mr. Hustace continued to discuss the community's potential response and if it would differ from the mayor's action in activating the recovery framework. Ms. Kierkiewicz responded, saying that the public will be able to apply pressure to the mayor if needed. Mr. Hustace invited Mr. Magno to comment. Mr. Magno confirmed Civil Defense's support. He stated that he wanted to clarify updated language in the bill. Mr. Magno cited previous discussion with Ms. Kierkiewicz concerning how the Recovery Officer should be a civil service position under Civil Defense. A given disaster event would immediately trigger the Recovery Officer, with the activation threshold varying. Federal and state aid is dependent on the continuity of county officer experience and leadership. Mr. Hustace thanked Mr. Magno and asked about the Recovery Officer position as it transitions from recovery to mitigation when needed. Mr. Magno stated that the Recovery Officer would be a part of all Civil Defense activities, especially in meeting recovery project deadlines. Mr. Hustace highlighted the importance of keeping track of recovery funding provided by the state or federal government and ensuring the funding is used appropriately. Mr. Hustace expressed a possible difference of opinion in function of the Recovery Officer functions. Ms. Kierkiewicz responded and discussed previous discussions about making the Recovery Officer permanent, advocated by Mr. Magno, but the consensus among the hui, including Deputy Managing Director Merrick Nishimoto, was in favor of keeping the position temporary. She expressed frustration in the lack of progress in current recovery projects and hoped that this Recovery Officer would offer accountability for those projects. Committee Member Jennifer Kagiwada asked what would happen if multiple disasters were to occur at the same time. Would there be multiple Recovery Officers or would one officer administer to all disasters? Ms. Kierkiewicz discussed a single Recovery Officer with separate divisions to address individual disaster events. Ms. Kimball inquired about the decision to make the Recovery Officer a temporary position versus a permanent position. Ms. Kimball also stated that she worries that if the Recovery Officer position weren't more permanent, would it be feasible to find the appropriate person after the framework is activated? Ms. Kierkiewicz stated the position would be permanent, but the individual, not necessarily. Ms. Kimball further discussed how the Recovery Officer could have dual function and be activated when needed. Ms. Kierkiewicz discussed having an individual singularly focused on disaster recovery without being held back by bureaucracy. Chair Dennis "Fresh" Onishi gave closing thoughts on recovery efforts with constituents during the 2018 eruption and stated that had this Recovery Officer been established, recovery may have been quicker. He also discussed government aid and helping business owners and farmers access that aid. He also supports the position being temporary. PCHSW Report No. 9 PCHSW-9 Page 4 June 2, 2026 Bill 157 was postponed to June 2, 2026. Health, Safety, and Well-being Committee Meeting of June 2, 2026. The Committee accepted public testimony on Bill 157. Committee Member Ashley L. Kierkiewicz proposed an amendment via Communication 888.2, which proposes an additional definition of "disaster recovery," moving the Disaster Recovery Program under the direction of the Office of the Mayor, clarifying what parties should be involved in disaster recovery decision making, adding in the Council Members of affected areas and departmental responsibilities in the interim. Committee Member Heather L. Kimball expressed gratitude for the amended areas of the bill and showed support for the amendment. Bill 157 was amended to Draft 2 with eight "ayes" with Committee Member Matt Kaneah'i-Kleinfelder absent. Ms. Kierkiewicz expressed dissatisfaction with slow recovery efforts and continued suffering of residents affected by the 2018 lava flow and showed appreciation for the Council's support. Committee Member Rebecca Villegas stated support for Bill 157, citing recent Kona low storm recovery and possible upcoming storms and the importance of having a recovery system in place. Your Policy Committee on Health, Safety, and Well -Being is in accord with the purpose and intent of Bill No. 157, as amended to Draft 2, and recommends its passage on first reading. bra AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON HEALTH, Nia-BEING DENNIS "FRESH" ONISHI, CHAIR PCHSW REPORT NO.: 9 ADOPTED: JUN 1 7 2026