Committee hears opposing views on emergency-management bill that would narrow governor's powers; decision deferred

Lawmakers and advocates debated House Bill 25-81 (House Draft 2), which would clarify the types of events that constitute disasters and emergencies for emergency-management purposes. Proponents said the bill would restore legislative intent and limit extraordinary executive powers; opponents said the changes risked leaving gaps unless accompanied by procedural checks.

Drew Hara of Earthjustice said the amendments are aimed at "limiting the governor's ability to apply extraordinary powers, including the power to suspend any law," and emphasized the changes would not prevent response to severe weather emergencies. Hara noted the state was on an "eighteenth emergency proclamation relating to affordable housing and... twentieth relating to homelessness," arguing that repeated proclamations illustrated the need to tighten the statute's scope.

Wayne Tanaka with the Sierra Club of Hawaii said his group submitted testimony "in strong support" and urged the committee to adopt the measure because it narrows overly broad applications of emergency authority. Both environmental and legal advocates framed the bill as restoring balance between emergency powers and ordinary legislative authority.

Tamalia Gregory, a resident and community advocate, voiced conditional opposition, saying the bill narrows the definition of emergency but does not change HRS 1 27-14, which currently makes the governor and mayor the "sole judge" of the existence of an emergency. She proposed replacement language requiring the governor or mayor to determine emergencies based on "clear and documented evidence of catastrophic harm or imminent threat subject to legislative review by majority vote" and judicial review, arguing that without such checks the statutory change could be meaningless when challenged in court.

The committee deferred decision-making on HB 25-81 to the March 23 meeting for further consideration and possible amendment.