General Provisions

HRS div. 1, tit. 13, ch. 209, pt. I

in effect

HRS §209-1 Definitions

209-1. Definitions As used in this chapter: "Board" means the board of land and natural resources. "Commodity" means any good or service necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to: (1) Materials; (2) Merchandise; (3) Supplies; (4) Equipment; (5) Resources; and (6) Other articles of commerce that shall include, without limitation, the following: (A) Food; (B) Water; (C) Ice; (D) Chemicals; (E) Petroleum products; (F) Construction materials; or (G) Residential dwellings. "Coordinator" means the rehabilitation coordinator provided for in section 209-4. "Director" means the director of business, economic development, and tourism. "Rehabilitation area" means any area of the State struck by a state disaster and declared to be in need of rehabilitation by the governor pursuant to section 209-2. "Residential dwelling unit" means any single or multifamily residence where the occupants pay rent to an owner or landlord, for the right to occupy and live on the property. "Severe weather warning" means the issuance by the National Weather Service of a public notification that a dangerous weather condition exists that could impact the State, or any portion of it, within a specified period of time. This term includes but is not limited to, warnings of coastal inundation (high surf), flash flooding, tsunami, or hurricane. "Small Business Administration" means the Small Business Administration of the United States. "State disaster" means any unfortunate, sudden, and extraordinary occurrence declared by the governor pursuant to section 209-2 to have caused losses and suffering of such character and magnitude as to require and justify rehabilitative assistance from the State. [L 1961, c 189, §2; am L 1963, c 2, §3; Supp, §98P-2; HRS §209-1; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1993, c 333, §1]

HRS §209-2 State disaster; determination by governor

209-2. State disaster; determination by governor (a) After any sudden and extraordinary event that causes losses and suffering, the governor shall make a determination as to whether a state disaster has occurred and thereafter may declare a state disaster for the entire State or any portion thereof. In making this determination, the governor shall consider whether the effect on the health and living standards of a substantial number of persons and the effect on the economy of the State are of such a nature as to warrant assistance from the state government. (b) The governor, in a proclamation, may designate the whole or any part of the State eligible for the relief provided for in this chapter and unless otherwise provided herein may authorize any or all of the relief measures provided for in parts II, III, and IV. [L 1961, c 189, §3; Supp, §98P-3; HRS §209-2; am L 2017, c 12, §27]

HRS §209-3 Duties of state and county department heads

209-3. Duties of state and county department heads Whenever the governor declares a state disaster all executive heads of departments and all county and city and county agencies shall: (1) Release personnel temporarily from their respective departments or agencies to work as needed under the direction of the rehabilitation coordinator; (2) Expedite the granting of rehabilitative assistance administered through their respective offices; (3) Provide the necessary information, records, and assistance for reporting on the rehabilitative efforts following a state disaster; and (4) Give full cooperation to the coordinator. [L 1961, c 189, §4; Supp, §98P-4; HRS §209-3]

HRS §209-5 Duties of coordinator

209-5. Duties of coordinator The rehabilitation coordinator shall: (1) Provide for the official contact between the State and persons affected by the state disaster; (2) Make available to persons affected by the state disaster information on all state rehabilitation programs; (3) Aid all persons affected by the state disaster in securing assistance available under this chapter; (4) Inform persons affected by the state disaster of assistance available from sources other than the State, and assist the victims in obtaining any assistance; (5) Keep lists of persons affected by the state disaster, all assistance received by the victims from the State and, to the extent that the information is available, assistance from other sources; (6) Advise the governor as to the administration and effectiveness of the various programs; (7) Establish a temporary office on the island affected by the state disaster if necessary, and where more than one island is affected, establish such offices as the governor may direct; and (8) File an annual report with the governor and the legislature describing the organization, activities, expenditures, and assistance granted pursuant to this chapter and making recommendations to increase the effectiveness of this chapter at least twenty days before the convening of the regular session of the legislature. [L 1961, c 189, §6; Supp, §98P-6; HRS §209-5; am L 1976, c 205, §1(1); am L 1979, c 105, §20; am L 1993, c 333, §2]

HRS §209-6 Relation to other agencies

209-6. Relation to other agencies This chapter is not intended, nor shall it be construed in any manner, to conflict with or assume the responsibility of the American National Red Cross, any agency of the federal government, the Salvation Army, or the emergency management activities of the state department of defense. [L 1961, c 189, §7; Supp, §98P-7; HRS §209-6; am L 2014, c 111, §8]

HRS §209-7 Closing of application date; position of coordinator

209-7. Closing of application date; position of coordinator terminated. [(a)] The governor shall set a date after which no further applications for assistance under this chapter shall be received and may thereafter for good cause extend the date for a reasonable period of time. If no date is set by the governor, no application shall be received six months after the issuance of the governor's proclamation declaring a state disaster. [(b)] With respect to each state disaster declared by the governor pursuant to section 209-2 the position of rehabilitation coordinator shall be abolished upon completion of the rehabilitation coordinator's duties provided for in this chapter as determined by the governor. [L 1961, c 189, §8; Supp, §98P-8; HRS §209-7; gen ch 1985]

HRS §209-8 Consideration of other recoveries

209-8. Consideration of other recoveries In determining the eligibility of each person for every manner of assistance provided for in this chapter, the administering authorities shall consider every other type of assistance granted under the authority of this chapter, by any agency of the federal government, by the American National Red Cross, the Salvation Army, and every other manner of assistance, whether through insurance, donation or compensation from any source. [L 1961, c 189, §9; Supp, §98P-9; HRS §209-8]

HRS §209-10 Agricultural water systems; emergency power

209-10. Agricultural water systems; emergency power When the governor has declared that a disaster has occurred for any portion of the State, pursuant to section 209-2, which results in damage to an agricultural water system that necessitates the temporary use of electrical power or backup generators to pump ground water for irrigation until the system can be repaired, the person who controls, operates, or manages the system may negotiate an agreement for the production of emergency power for the agricultural water system. The agreement shall terminate when the governor determines that the disaster emergency relief period is terminated. If the negotiated agreement is with an independent power producer that is not currently regulated by the public utilities commission, the execution of the agreement shall not cause the independent power producer to become subject to the jurisdiction of the public utilities commission. [L 2008, c 97, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0209/HRS_0209-.htmFetched: 11/10/2026