reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-19 Shelters.

§127A-19 Shelters.
(a) The agency may establish guidelines for providing suitable arrangements and accommodations for the sheltering of the public and the sheltering of pet animals in public shelters under this chapter.
(b) County emergency management agencies shall be responsible for identifying and operating locations and facilities suitable for sheltering:
(1) The public; and
(2) Pet animals,
and coordinating sheltering efforts with private and nonprofit organizations engaged in emergency management functions relating to providing shelter or the management or operation of a public shelter under this chapter.
(c) The administrator or director of the county emergency management agency shall be responsible for the identification, coordination, and cooperation of private owners, operators, or controllers of real property, private locations, or facilities that are suitable for use as shelters of the public or of pet animals into emergency sheltering operations.
(d) A public shelter identified for the sheltering of pet animals pursuant to subsection (b) need not be subject to guidelines developed for public shelters, unless the particular shelter has been specifically identified as a shelter for both pet animals and the public.
(e) For purposes of this section, "pet animal" shall have the same meaning as defined in section 711-1100.
(f) For purposes of this section, "shelter" includes any structure, excavation, or other facility or item used or useful for the protection of persons. [L 2014, c 111, pt of §2; am L 2022, c 99, §6]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-20 Immunity from liability of private shelter.

§127A-20 Immunity from liability of private shelter.
(a) Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, owning or controlling real property, that voluntarily and without compensation grants a license or privilege for, or otherwise permits, the designation by the emergency management agency of the county in which the building is located for the use of the property, in whole or in part, for the purpose of sheltering persons during emergencies and disasters, shall, together with its successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person or damage to any personal property on the property of the licensor in connection with the use of the licensed premises for the purposes designated.
(b) For the purposes of this section, the following shall not be considered compensation:
(1) Any compensation or consideration paid by or on behalf of any guest or person for transient accommodation lodging;
(2) Any compensation or consideration paid for any patient, resident, or ward present or residing in any hospital, community-based care home, home-based care home, or healthcare agency of any type licensed by the department of health or the department of human services and used as a private shelter under this section; provided that the protections afforded by this section shall not extend beyond the use of the private shelter under this section for any other duty or standard of care owed to any patient, resident, or ward; and
(3) Any compensation or consideration paid by or on behalf of any minor or student of any age in any day care, preschool, elementary school, middle school, or any other educational facility used as a private shelter under this section. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-21 Notice of requisition.

§127A-21 Notice of requisition.
(a) The governor or mayor may requisition and take over any materials, facilities, or real property or improvements, required for the purposes of this chapter, or requisition and take over the temporary use thereof. The requisition shall be made by serving notice upon any person found in occupation of the premises or having the property in the person's custody, possession, or control; provided that a like notice shall also be served upon any person who has filed with the governor or mayor, or with such person as the governor or mayor may designate for the purpose, a request for notice with respect to the property; provided further that whenever all persons entitled to compensation for the property have not been served in the manner aforesaid, the governor or mayor shall publish a notice of the requisition at the earliest practicable date.
(b) A requisition shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency in the State or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. [L 2014, c 111, pt of §2]
Law Journals and Reviews
Hoist the Yellow Flag and Spam
®
Up: The Separation of Powers Limitation on Hawai`i's Emergency Authority. 43 UH L. Rev. 71 (2020).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-22 Determination of compensation.

§127A-22 Determination of compensation.
(a) Whenever the governor or mayor requisitions and takes over any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid as compensation for the property or use, such sum as the governor or mayor determines to be fair and just, within twenty days after it has been requisitioned and taken; provided that the compensation for temporary use may be paid in monthly or lesser installments.
(b) If any person is unwilling to accept, as full and complete compensation for the property or use thereof, the sum determined by the governor or mayor, the person shall be paid seventy-five per cent of the sum determined by the governor or mayor. The person shall also be entitled to sue the State or county for such additional sum as, when added to the sum already received by the person, the person may consider fair and just compensation for such property or use, in the manner provided by chapter 661 for actions against the State and any other applicable chapter for actions against the county. Any suit under this section shall be instituted within two years after the requisition in the case of the taking of real property in fee simple, or within one year after the requisition in all other cases, subject to sections 657-13 to 657-15, which are hereby made applicable to such a suit; except that no more than six months shall be allowed for the bringing of a suit after the appointment of a conservator of a person under disability, or the removal of the disability, or after the appointment of personal representatives. Recovery shall be confined to the fair market value of the property or its fair rental value, as the case may be, without any allowance for prospective profits, or punitive or other damages. Whenever the owner of property, or other person entitled to compensation on account of the requisitioning of property or the use thereof, is under a disability, or has died, and no conservator or personal representative has been appointed, the State, acting through the attorney general, may apply for the appointment of a conservator or for the appointment of a personal representative. [L 2014, c 111, pt of §2]
Law Journals and Reviews
Hoist the Yellow Flag and Spam
®
Up: The Separation of Powers Limitation on Hawai`i's Emergency Authority. 43 UH L. Rev. 71 (2020).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-23 Determination of damages.

§127A-23 Determination of damages.
The governor or mayor, as applicable, shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisitioned, or which was leased, or any claim for damages arising out of the condition in which the private property is returned; provided that no such claim shall be filed for deterioration of property resulting from ordinary wear and tear, and not for any deterioration or damage, except such as is shown to have resulted from the taking or use of the property. Any claim shall be filed within thirty days after the return of the property or after the governor or mayor proclaims that all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final and binding upon the governor or mayor, as applicable, and the claimant; provided that either party may file a petition in the circuit court within sixty days after the rendering of a decision of the board, praying for the decision of the court upon the claim. The petition, if filed by the State, shall be entitled in the name of the State, by the attorney general, and if filed by the county, shall be entitled in the name of the county, by its corporation counsel, and shall be heard and decided by the circuit court without the intervention of a jury. If filed by any other party, the petition shall be filed, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. The court may order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid out of any funds available under this chapter and, if not sufficient, out of the general revenues of the State as appropriated or out of the general revenues of the county as appropriated. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-24 Investigations and surveys.

§127A-24 Investigations and surveys.
(a) The governor or mayor, as applicable, may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making or filing of schedules or statements, under oath or otherwise; administer oaths; take evidence under oath; subpoena witnesses; make inspections; and require the production of books, papers, and records. The circuit court of any circuit or judge thereof, may enforce by proper proceedings the making or filing of the schedules or statements; the attendance and testimony of any witness subpoenaed to appear within the circuit; or the production of books, papers, and records. The proceedings shall be in addition to, and not exclusive of, any other means or methods of enforcement.
(b) No person shall be excused from attending and testifying, or from producing books, papers, or records, before the governor or mayor or in obedience to the subpoena of the governor or mayor, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or any rule or order thereunder, on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled after having claimed the person's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(c) Witnesses shall be allowed their per diem fees and mileage as in cases in the circuit courts. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-25 Rules and orders.

§127A-25 Rules and orders.
(a) For the purpose of carrying out any provision of this chapter, the governor may adopt rules for the State and the mayor may adopt rules for the county which may, if so stated in the rules, have the force and effect of law. Even though the rules are prescribed pursuant to a power conferred, or having mandatory or prohibitive effect, only in the event of a state of emergency or local state of emergency, the rules nevertheless may be prescribed prior thereto if stated therein to have the force and effect of law only in the event of a state of emergency or local state of emergency. All the rules, and likewise all other action taken under this chapter, shall be made and taken with due consideration of the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto. In these rules, reasonable classifications, exceptions, and exemptions may be made and granted. Such rules shall not be subject to chapter 91.
(b) The power to adopt rules having the force and effect of law shall not be deemed in derogation of the power of the governor, or the governor's duly authorized representatives, or the mayor, or the mayor's duly authorized representatives, to make orders for the enforcement of this chapter or the rules issued thereunder. The rules may provide for the making of administrative findings by duly authorized representatives, or for the application of the rules by such representatives as the circumstances may require, and the issuance of orders therefor.
(c) Rules adopted pursuant to this chapter during a state of emergency shall be promulgated as herein provided, and may be made effective upon the promulgation. The rules shall be promulgated by posting them on the applicable state or county government website and by publishing them in a newspaper of general circulation in the State, by means calculated to bring its contents to the attention of the general public, including by official announcement by means of television or radio broadcast, or both, or by Internet, or, where only known persons are concerned, by service upon these persons by registered or certified mail or by personal service. The rules shall remain posted on the government website while in effect. When immediate promulgation of the rules is necessary in the opinion of the governor or mayor, as applicable, who shall be the sole judge thereof, in lieu of publication, the rules may be promulgated by television or radio broadcast, or both, or by Internet, or such other means as may be available; provided that the rules shall be posted and published thereafter at the earliest practicable date. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-26 Forfeitures.

§127A-26 Forfeitures.
The forfeiture of any property unlawfully possessed, pursuant to section 127A-12(b), may be adjudged upon conviction of the offender found to be unlawfully in possession of the same, where no person other than the offender is entitled to notice and hearing with respect to the forfeiture, or the forfeiture may be enforced by an appropriate civil proceeding brought in the name of the State. The district courts and circuit courts shall have concurrent jurisdiction of the civil proceedings. Any property forfeited as provided in this section may be ordered destroyed, or may be ordered delivered for public use to such agency as shall be designated by the governor or the governor's representative, or may be ordered sold, in whole or in part, for the account of the State. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-28 Enforcement of injunction proceedings; interventions.

§127A-28 Enforcement of injunction proceedings; interventions.
(a) Whenever in the opinion of the governor or mayor, as applicable, any person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this chapter, or any rule of the governor or mayor issued under this chapter, having the force and effect of law, the governor or mayor may make application to the appropriate court in the name of the State or county for an order enjoining the acts or practices, or for such other order as will enforce compliance with the provisions, and upon a showing by the governor or mayor in such manner and form as is usual in injunction cases, that the person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other appropriate order shall be granted without bond.
(b) The governor may intervene in the name of the State or the mayor may intervene in the name of the county, as applicable, in any action or proceeding wherein a party asserts a right or relies for ground of relief or defense upon this chapter or upon any rule or order of the governor or mayor issued under this chapter, or, in the judgment of the governor or mayor, there is an issue to be presented that involves enforcement of this chapter or the rules. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-29 Emergency period infractions, violations, petty misdemeanors, and misdemeanors.

§127A-29
Emergency period infractions, violations, petty misdemeanors, and misdemeanors
.
(a) Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designated in the rule, be guilty of a violation, petty misdemeanor, or misdemeanor. The governor or mayor may state and designate the penalty applicable to the offense; provided that if a penalty is not stated and designated, the person shall be sentenced in accordance with chapter 706. If the offense and penalty are not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000, imprisoned no more than one year, or both.
In lieu of a violation, petty misdemeanor, or misdemeanor, the governor or mayor may state and designate the noncompliance of a rule as an emergency period infraction, as defined in section 291D-2. Any emergency period infraction so stated and designated in the rule shall be adjudicated pursuant to chapter 291D. A person guilty of an emergency period infraction shall be fined $200 for each occurrence; provided that the governor or mayor may state and designate in the rule a fine of a different amount.
(b) Notwithstanding subsection (a), any person who intentionally, knowingly, or recklessly destroys, damages, or loses any shelter, protective device, or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, imprisoned no more than one year, or both. The governor or mayor may, by rule, make further provisions for the protection from misuse of shelters, protective devices, or warning and signal devices. [L 2014, c 111, pt of §2; am L 2021, c 185, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-31 Penalties prescribed by this chapter additional to other penalties.

§127A-31 Penalties prescribed by this chapter additional to other penalties.
If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in this chapter and for the violation of the other law or laws. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-32 Effect of this chapter on other laws.

§127A-32 Effect of this chapter on other laws.
All laws inconsistent with the provisions of this chapter, or of any rule issued under the authority of this chapter, shall be suspended during the period of time and to the extent that the emergency or disaster exists, and may be, by the governor for all laws, or mayor for county laws, designated as so suspended. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-1 Policy and purpose.

Note
Sections 128A-1 to 128A-5 designated as Part I by L 2022, c 97, §4.
§128A-1 Policy and purpose.
The legislature finds that because of the existing and increasing possibility of the occurrence of terrorist attacks of unprecedented size and destructiveness, in order to ensure that the State will be adequately prepared to deal with such attacks; preserve the lives and property of the people of the State; and protect the public peace, health, and safety, it is necessary to:
(1) Provide for homeland security by the State and to authorize the creation of organizations for homeland security in the counties of the State; and
(2) Provide programs, in coordination with county agencies, other state and federal agencies, and the private sector, to educate and train publicly and privately employed workers and the general public to be prepared for potential attacks.
The purpose of this chapter is to enact a homeland security law to provide for all homeland security functions of this State and its counties. [L 2013, c 175, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-2 Definitions.

§128A-2 Definitions.
As used in this chapter:
"Attack" means any attack or series of attacks by anyone causing, or which may cause, damage or injury to persons or property in the United States in any manner by the use of chemical, biological, radiological, nuclear, explosives, firearms, cyber, or other weapons or processes; and any form of hostile action.
"County" means any of the political subdivisions of the State, including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the county of Kalawao.
"Director" means the director of law enforcement.
"Facilities", except as otherwise provided in this chapter, includes buildings and other structures, shelters, land, and appurtenant materials.
"Homeland security" means a concerted effort to:
(1) Prevent terrorist attacks within the United States;
(2) Reduce the State's vulnerability to attacks and terrorist activities; and
(3) Minimize the damage and recover from attacks that occur.
"Necessary" means any methods, measures, or other actions or determinations as are needed in the opinion of the governor, or the governor's authorized representative, or a mayor, or a mayor's authorized representative.
"States" includes the several states of the United States, the District of Columbia, and the possessions and territories of the United States. [L 2013, c 175, pt of §2; am L 2022, c 278, §38]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-3 State office of homeland security.

§128A-3 State office of homeland security.
(a) There shall be established within the department of law enforcement an office of homeland security. The director shall employ appropriate personnel and make expenditures as may be necessary to carry out this chapter. The director shall appoint an administrator of homeland security who shall be exempt from chapter 76, subject to removal by the director, and receive compensation as the director may determine.
(b) The director shall be responsible for formulating and carrying out programs for homeland security. The director shall:
(1) Ensure coordination and cooperation among all organizations for homeland security; public agencies, including county, state, and federal agencies; and private organizations; and
(2) Cooperate with county, state, and federal homeland security and law enforcement agencies. [L 2013, c 175, pt of §2; am L 2022, c 278, §39]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-4 Homeland security responsibilities.

§128A-4 Homeland security responsibilities.
The director may:
(1) Prepare comprehensive plans and programs for homeland security and homeland defense; provided that these plans and programs shall be integrated and coordinated with the plans of the counties and the federal government to the fullest possible extent;
(2) Make studies and surveys of the vulnerabilities of critical infrastructure and key resources in this State as may be necessary, and participate in planning for their protection;
(3) Develop and maintain a list of critical infrastructure, coordinating the list with the counties of the State, other state agencies, federal agencies (including the Departments of Defense and Homeland Security), the private sector, and other agencies and organizations as necessary;
(4) Develop and maintain a capability to process security-clearance applications for civilian workers of the state and county governments;
(5) Foster coordination on security matters with all nations of the Pacific region to the extent permitted under federal law, including but not limited to coordinating planning efforts, as appropriate; sponsoring discussions and seminars; and hosting periodic international conferences; and
(6) Solicit and manage funding, including but not limited to grants from the federal government, funds from other divisions in the department of defense and other state agencies, and funds to provide personnel support to the office of homeland security. [L 2013, c 175, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-5 County organizations for homeland security.

§128A-5 County organizations for homeland security.
Counties are authorized, but not required, to establish organizations for homeland security. If a county does not establish a separate organization for homeland security, the functions listed in section 128A-4 shall be incorporated into the responsibilities of the county emergency management agency. [L 2013, c 175, pt of §2; am L 2015, c 35, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-6 Hawaii state fusion center.

§128A-6 Hawaii state fusion center.
(a) There is established within the office of homeland security a state fusion center that shall be known as the Hawaii state fusion center. The administrator of homeland security, subject to the direction and control of the director, shall oversee the Hawaii state fusion center.
(b) The Hawaii state fusion center shall:
(1) Be continually staffed to monitor all crimes and hazards and be the focal point for sharing local, national, and international information and context with the national-level intelligence community;
(2) Collaborate with multi-disciplinary partners, including all levels of local, state, and federal governments and private-sector partners to receive, analyze, and disseminate threat-related information; and
(3) Coordinate with local, state, and federal agencies for homeland security response activities to include:
(A) Furnishing technical assistance to affected agencies to protect their assets, mitigate vulnerabilities, and reduce impacts of cyber incidents;
(B) Identifying other agencies that may be at risk and assessing their risk to the same or similar vulnerabilities;
(C) Assessing potential risks to the State, including potential cascading effects, and developing courses of action to mitigate these risks;
(D) Facilitating information sharing and operational coordination to respond to threats;
(E) Establishing and administering a threat assessment management program;
(F) Providing guidance as to how best to utilize federal resources and capabilities in a timely, effective manner to accelerate recovery; and
(G) Providing intelligence support and related activities and facilitating the building of situational threat awareness and sharing of related intelligence, including the integrated analysis of threat trends and events, the identification of knowledge gaps, and the ability to degrade or mitigate adversary threat capabilities. [L 2023, c 185, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-11 Definitions.

§128A-11 Definitions.
As used in this part, "interoperable communications" means the ability of first responder and emergency management agencies to communicate with one another via communication systems, including exchanging voice and data with one another on demand, in real time, when needed, and as authorized. [L 2022, c 97, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-12 Statewide interoperable communications executive committee.

§128A-12 Statewide interoperable communications executive committee.
There is established within the department of law enforcement for administrative purposes the statewide interoperable communications executive committee. [L 2022, c 97, pt of §2; am L 2023, c 186, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-13 Duties of the statewide interoperable communications executive committee.

§128A-13 Duties of the statewide interoperable communications executive committee.
(a) The statewide interoperable communications executive committee shall obtain the advice and input of the statewide interoperable communications technical subcommittee, and then shall:
(1) Develop plans and strategies to improve public safety communications interoperability among state; county; and, if possible, federal public safety agencies;
(2) Develop plans and strategies to provide interoperable communications between and among public safety answering points in the State and public safety responder communications networks, infrastructure, and systems;
(3) Develop plans and strategies to promote statewide public safety communications interoperability utilizing state and county radio communication systems and networks, the Nationwide Public Safety Broadband Network, or FirstNet;
(4) Develop plans and strategies for the coordination of state; county; and, if possible, federal emergency alerts and warnings with public safety answering points and public safety responder communications networks, infrastructure, and systems;
(5) Review and adopt plans and recommendations to improve or promote increased interoperability between public safety responders and other government or non-government stakeholders that support responses to emergencies; and
(6) Submit a status report on the requirements of this subsection, including any obstacles and proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.
(b) The members of the statewide interoperable communications executive committee shall include the following:
(1) The director of law enforcement or the director's designee, who shall serve as the chair of the committee;
(2) The attorney general or the attorney general's designee;
(3) The chairperson of the board of land and natural resources or the chairperson's designee;
(4) The state chief information officer or the chief information officer's designee;
(5) The director of transportation or the director's designee;
(6) The director of health or the director's designee;
(7) The chairperson of the Hawaii enhanced 911 board or the chairperson's designee; and
(8) Four members at the executive or senior personnel level from the first responder or emergency management agencies from each of the four counties, to be selected by the respective heads of the first responder or emergency management agencies of each county.
(c) Members of the statewide interoperable communications executive committee shall receive no compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred in carrying out the member's duties relating to the committee. [L 2022, c 97, pt of §2; am L 2023, c 186, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-14 Statewide interoperable communications technical subcommittee.

§128A-14 Statewide interoperable communications technical subcommittee.
(a) There is established a statewide interoperable communications technical subcommittee to provide technical advice to the statewide interoperable communications executive committee.
(b) Membership of the statewide interoperable communications technical subcommittee shall be limited to representatives from any governmental agency having duties that include management, planning, and operation of public safety communications systems and networks, including government land mobile radio and broadband networks and those related to emergency communications centers and public safety answering points; provided that:
(1) The statewide interoperable communications coordinator shall serve as the chairperson of the statewide interoperable communications technical subcommittee;
(2) The respective lead radio communication engineer or manager for the State and each county, or each lead radio communication engineer or manager's respective designee, shall serve on the subcommittee as subject matter experts for their respective radio communication systems and networks; and
(3) The respective lead information security manager for the State and each county, or each lead information security manager's respective designee, shall serve on the subcommittee as subject matter experts for matters relating to cyber security.
(c) The statewide interoperable communications technical subcommittee shall:
(1) Not have a fixed membership, subject to the limitation established in subsection (b);
(2) Not be subject to any quorum requirement; and
(3) Be exempt from part I of chapter 92. [L 2022, c 97, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128A. Homeland Security › 128A-15 Statewide interoperable communications coordinator.

§128A-15 Statewide interoperable communications coordinator.
(a) There is established within the office of homeland security the position of the statewide interoperable communications coordinator, which shall be a full-time equivalent position exempt from chapter 76.
(b) The statewide interoperable communications coordinator shall:
(1) Collaborate with state, county, and federal governments and emergency response groups in long-term strategic planning;
(2) Aid stakeholders in the development of projects, plans, policies, standards, priorities, and guidelines for interoperable communications;
(3) Meet regularly with all interoperability stakeholders and partners to ensure transparency and information sharing;
(4) Coordinate governing body activities to maximize integration and collaboration across the emergency communications landscape;
(5) Coordinate ongoing assessment of the applicability of new technical developments in communications technologies for state and county public safety radio communication systems and networks;
(6) Serve as a liaison between the statewide interoperable communications executive committee or statewide interoperable communications technical subcommittee, or both, and the federal government and private communications industry on issues concerning statewide interoperable communications;
(7) Coordinate guidance, input, and recommendations from state, county, and federal agencies on the statewide communications interoperability plan and lead the development, implementation, and regular updating of the statewide communications interoperability plan;
(8) Assist, as necessary or requested, with communications among responders during emergencies who are responding to planned and unplanned events;
(9) Coordinate closely with the state single point of contact on issues related to the implementation of the Nationwide Public Safety Broadband Network in the State;
(10) Coordinate interoperability activities with public safety answering points; operators of state, county and federal communications systems; and emergency management coordinators;
(11) Manage communications unit program training and exercises provided by federal and state agencies, and work with public safety agencies to assist with any credentialing or recognition of the agencies' communications personnel; and
(12) Serve as the state representative to the National Council of Statewide Interoperability Coordinators. [L 2022, c 97, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-2 Environmental response revolving fund; uses.

§128D-2 Environmental response revolving fund; uses.
(a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources.
(b) Moneys from the fund shall be expended by the department for the following:
(1) Removal, remediation, and detection of oil and pollutant or contaminant releases;
(2) Removal and remediation of hazardous waste and any other solid, liquid, or gaseous substance that may harm the environment; and
(3) The payment of costs listed under section 128D-4(c).
(c) The unexpended and unencumbered moneys in the fund in excess of $1,250,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 157, §8 and c 280, §3; am L 1992, c 259, §2; am L 1993, c 300, §4; am L 1994, c 205, §1; am L 1997, c 260, §2; am L 1998, c 141, §8; am L 2000, c 245, §1; am L 2008, c 208, §4; am L 2010, c 73, § §2, 14; am L 2014, c 107, §3(2); am L 2015, c 185, § §4, 6]
Cross References
Raising the legislative ceiling of the fund, see §128D-4(e).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-2.5 Toxicologists.

§128D-2.5 Toxicologists.
The department may establish permanent exempt positions known as toxicologists for the purpose of assessing human health risk. The positions shall be appointed by the director without regard to chapter 76. [L 1997, c 146, §2; am L 2000, c 253, §150; am L 2015, c 185, §7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-2.6 Ecological risk assessor.

§128D-2.6 Ecological risk assessor.
The department may establish a permanent exempt position for an ecological risk assessor for the purpose of assessing ecological risks and damages. The position shall be appointed by the director without regard to chapter 76. [L 1999, c 211, §2; am L 2000, c 253, §150; am L 2015, c 185, §8]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-3 Reportable quantities; duty to report.

§128D-3 Reportable quantities; duty to report.
(a) The director shall adopt rules pursuant to chapter 91 establishing the quantities of designated hazardous substances, and specifying the periods of time within which such quantities, when released, are reportable pursuant to this chapter. The director, at a minimum, shall adopt hazardous substances and reportable quantities as designated by the United States Environmental Protection Agency pursuant to parts 117 and 302 of Title 40 of the Code of Federal Regulations, and by the United States Department of Transportation pursuant to parts 171 and 172 of Title 49 of the Code of Federal Regulations. The designated quantity released of any hazardous substance shall be a reportable quantity, regardless of the medium into which the hazardous substance is released.
(b) Any person in charge of a vessel or an offshore or onshore facility shall immediately notify the department as soon as the person has any knowledge of any release (other than a federal or state permitted release) of a hazardous substance from the vessel or facility in quantities equal to or greater than those determined pursuant to section 102 of CERCLA or rules adopted pursuant to this chapter. Releases which occurred prior to July 1, 1990, are excluded from this requirement. Unless the director requires otherwise by rule, the regulations adopted under section 103(b) of CERCLA shall apply to the implementation of this section.
(c) Any person who fails to report a hazardous substance release to the department immediately upon knowledge of the release shall be subject to a civil penalty in an amount not to exceed $10,000 for each day of failure to report or subject to prosecution for a criminal misdemeanor. Notification received by the department pursuant to this section or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except for a prosecution for perjury or for giving a false statement; or a violation of section 128D-10. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-5 Recovery of costs.

§128D-5 Recovery of costs.
(a) Except for costs incurred in responding to a release or threatened release of any pollutant or contaminant and except for costs incurred in accordance with section 128D-4(c)(4), and (5), and except for costs incurred in accordance with section 128D-4(c)(3) for natural resources damage occurring wholly prior to July 1990, any costs incurred and payable from the fund shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any costs which may be recovered pursuant to this section for a remedial or removal action paid from the fund shall include the amount paid from the fund and legal interest.
(b) Moneys recovered by the attorney general pursuant to this section shall be deposited into the account of the fund.
(c) Any action for recovery of response costs referred to in section 128D-6(a)(4)(A) and (C) must be commenced within six years after the date of completion of all response actions.
(d) Any action for recovery of natural resource damages referred to in section 128D-6(a)(4)(B) must be commenced within three years after the later of the following: (1) the date of the discovery of the loss and its connection with the release in question; or (2) the date on which the final regulations are promulgated under section 301(c) of CERCLA. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §6]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-6.5 Limitation of liability for heavy fuel oil releases.

§128D-6.5 Limitation of liability for heavy fuel oil releases.
(a) Notwithstanding any law to the contrary, the liability of any person under section 128D-6 for any release of heavy fuel oil from a tank barge carrying heavy fuel oil interisland shall not exceed $700,000,000.
(b) For the purposes of subsection (a):
"Heavy fuel oil" includes petroleum that is no. 6 technical grades of fuel oil and other grades such as navy special fuel oil and bunker C.
"Release of heavy fuel oil" means a release subject to the federal Oil Pollution Act of 1990.
"Tank barge" means any vessel that carries oil in bulk as cargo or in residue and is not equipped with a means of self propulsion.
[L 1996, c 315, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-8 Civil penalties.

§128D-8
Civil penalties.
(a) Any person who is liable for a release, or threat of a release, of hazardous substances, and who fails, without sufficient cause, to properly provide removal or remedial action pursuant to an administrative order issued by the director, may be liable to the department for punitive damages up to three times the amount of any costs incurred by the fund pursuant to this chapter as a result of the failure to perform the actions specified in the order. The director is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 128D-5.
(b) In addition to liability for costs incurred by the State for the investigation, assessment, containment, and removal of a release or a threat of a release of hazardous substances, any person who wilfully, knowingly, or recklessly violates or fails or refuses to comply with any provision of this chapter, or any order issued, or rule adopted under this chapter, shall be subject to a civil penalty not to exceed $50,000 for each separate violation. Each day a violation continues shall constitute a separate violation. The director is authorized to commence a civil action in the appropriate circuit environmental court to recover such penalties.
(c) Any rule issued pursuant to this chapter shall be adopted in accordance with chapter 91.
(d) Civil penalties collected under this chapter shall be paid to the department for deposit into the revolving fund and may be recovered in a civil action in [an] environmental court of competent jurisdiction where the violation is alleged to have occurred.
(e) In determining the amount of any civil penalty assessed pursuant to this section, the environmental court shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit of savings, if any, resulting from the violation, and such other matters as justice may require. The director may compromise and settle any claim for a penalty pursuant to this chapter. [L 1990, c 298, pt of §17; am L 1991, c 280, § §9, 10; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-9 Injunctive relief.

§128D-9
Injunctive relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive relief to prevent any violation of this chapter, of any rule adopted pursuant to this chapter, or of any order issued pursuant to this chapter. The environmental court shall grant relief in accordance with the Hawaii rules of civil procedure. [L 1990, c 298, pt of §17; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-10 Knowing releases.

§128D-10
Knowing releases.
Any person who knowingly releases a hazardous substance into the environment in an amount above the reportable quantity established in the rules (other than a permitted release pursuant to and in accord with a federal, state, or county permit), shall be subject to prosecution for a class C felony or shall be punished by a civil penalty of not more than $100,000 per day of violation. [L 1990, c 298, pt of §17; am L 1991, c 280, §11]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-11 Recordkeeping requirements.

§128D-11 Recordkeeping requirements.
No person, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any investigative action or request made under this chapter, or any enforcement action taken under this chapter, shall remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any record, report, or information that is the subject of or who has reason to believe that they may be the subject of any investigative action or request under section 128D-4(a) and (b). [L 1990, c 298, pt of §17; am L 1991, c 280, §12]