(a) The administrator shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the direction of the governor for immediate relief in response to an emergency or disaster in any part of the State; provided that:

Terms Used In Hawaii Revised Statutes 127A-16

  • Administrator: means the administrator of the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
  • Agency: means the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • County: means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127A-2
  • Disaster: means any emergency, or imminent threat thereof, which results or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies. See Hawaii Revised Statutes 127A-2
  • Disaster relief: means any physical or financial assistance provided to individuals or areas in the aftermath of an emergency or disaster. See Hawaii Revised Statutes 127A-2
  • Emergency: means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment. See Hawaii Revised Statutes 127A-2
  • Emergency management: means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters. See Hawaii Revised Statutes 127A-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Necessary: means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative. See Hawaii Revised Statutes 127A-2
  • State of emergency: means an occurrence in any part of the State that requires efforts by state government to save lives and protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster, or to supplement the local efforts of the county. See Hawaii Revised Statutes 127A-2
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(1) The governor has issued a proclamation of a state of emergency;
(2) The governor shall not expend in excess of $10,000,000 for immediate relief as a result of any single emergency or disaster; and
(3) In addition to the funds in paragraph (2), an additional $5,000,000 may be made available solely for the purpose of matching federal disaster relief funds when these funds become available to the State following a presidential disaster declaration.

In expending the moneys, the governor may allot any portion thereof to any agency, office, or employee of the State or a county for the most efficient relief for the population. Notwithstanding this subsection, the only exception to paragraphs (1), (2), and (3) is that the administrator may use up to $250,000 per year to support the emergency management reserve corps.

(b) No later than sixty days after any allotment by the governor or the expenditure of any fund moneys, the administrator shall report to the legislature on the purpose of the allotment or expenditure.
(c) Except as provided in subsection (d), federal reimbursement moneys for disaster relief shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the Hawaii emergency management agency. Upon receipt by the Hawaii emergency management agency, these moneys shall be reimbursed to the originating fund of the expending agency; provided that if the original appropriation has lapsed, the funds shall be returned to the general fund.
(d) In cases in which the department of education expends the funds appropriated to the department for purposes deemed to be reimbursable by federal reimbursement moneys for disaster relief, the federal reimbursement moneys shall not lapse to the general fund and shall be credited directly to the department of education without regard to whether the original appropriation has lapsed. Such funds shall carry over in accordance with section 37-41.5(c).
(e) Any unspent funding under $2,500,000 shall be rolled over to the next fiscal year to support current and future emergencies and disasters.
(f) Each state department and agency shall submit to the administrator no later than August 1 of each year a report of all funds expended, if any, for the prior fiscal year by the state department and agency for disaster response. The report shall include:

(1) The source of funds, including the name and account number of the funding source;
(2) The amount and purpose of each expenditure; and
(3) Whether any programs, activities, or contracts were reduced as a result of disaster response spending by the state department and agency.
(g) The administrator shall submit an annual report to the legislature no later than September 1 of each year on:

(1) The amount of federal reimbursement moneys for disaster response that the State could have applied for during the prior fiscal year. The report shall indicate the amount of federal reimbursement moneys for disaster response broken down by department and agency;
(2) The amount of federal reimbursement moneys for disaster response that the State applied for and the amount received during the prior fiscal year. The report shall indicate the amount of federal reimbursement moneys for disaster response broken down by department and agency;
(3) The justification for any difference in the amount of federal reimbursement moneys for disaster response that the State was eligible for and the amount the State applied for;
(4) The average amount of time between the submittal of an application for a Federal Emergency Management Agency reimbursement and receipt of the funds;
(5) The number of disaster accounts opened for the prior fiscal year; and
(6) The information relating to the expenditure of funds that is reported by each state department and agency pursuant to subsection (f).
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