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University of Hawaii Department of Urban & Regional Planning Disaster Management Program A Whole Community Approach for Truly Comprehensive Planning :

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1 University of Hawaii Department of Urban & Regional Planning Disaster Management Program A Whole Community Approach for Truly Comprehensive Planning : Using the Principles of Emergency Management to Plan and Promote a Safe, Sustainable and Fair Future February 13, 2012 Edward A. Thomas Esq. President Natural Hazard Mitigation Association

2 Aloha kakahiaka! I appear today representing: The Natural Hazard Mitigation Association This is not and cannot be legal advice. This is a statement of general principles of policy. 2


4 NHMA Membership Includes People wanting to make a difference and work towards reducing losses from disasters Engineers, planners, floodplain mangers, government officials, community activists, academics, practitioners, students, etc. People involved in building resilient organizations and communities

5 Hazard Mitigation: Plain Common Sense "Disaster risk reduction is not a luxury. It's an essential insurance policy for a more disaster-prone world, and one of the smartest, most cost-effective investments we can make in our common future. The benefits of this investment will be calculated not only in dollars saved, but most importantly, in saved lives." Jan Egeland, Former U.N. Under-Secretary General for Humanitarian Affairs and Emergency Relief Coordinator

6 6 6 To Set the Stage For Our Discussion: Lets discuss some basics of law In the law-especially criminal law- attorneys often seek to identify someone else to take the blame Also often referred to as: “Round up the usual suspects.” For increased flood damages that “someone else” is often…

7 7 7 Mother Nature

8 8 8 Does Nature Cause Disasters? Dr. Gilbert White, the late, great, founder of the internationally recognized Natural Hazards Center, stated the facts: “Floods are acts of nature; but flood losses are largely acts of man”

9 The Enemy Is Us! Should we blame Mother Nature or some other “force” for our devastating flood losses? Or perhaps can the blame be put on human engineering, architectural and construction building improperly in areas where natural processes like tsunamis, tornadoes, floods, hurricanes, wildfires will foreseeable take place.

10 10 Introduction: Can We All Agree? Among of the most clear lessons of the horrific aftermath of Hurricane Katrina, Hurricane Iniki, Hurricane Omar, the recent Tsunamis: There Is no possibility of a sustainable economy without safe housing and safe locations for business and industry to occupy We need housing for employees to have businesses and industry – to have an economy at all In Island locations like Hawai’i, functioning transit routes are especially critical for the economy and life itself

11 11 Must Sustainability Or “Smart-Growth” Have A Foundation in Hazard Mitigation? The Spring 2007 Edition of The Urban Lawyer contains an article which summarizes the views of 16 of the leading gurus of the “Smart Growth” Movement A total of 135 separate principles None refer to hazards specifically A very few refer to protecting natural resources Gabor Zovanyi is the author; Article is “The Role of Smart Growth Legislation in Advancing the Tenets of Smart Growth”

12 12 But There Is Hope! New and Exciting APA and ABA Awareness and Initiatives Improved FEMA Flood Mapping Program-Risk MAP The Formation of the National Hazard Mitigation Collaborative Alliance Formation of the Natural Hazard Mitigation Association USACE Silver Jackets Program Numerous Organizations in Hawai’i working on disaster preparedness Media and Other National Leaders Are Finally Catching on to the Real Reasons Flooding and Other Natural Disasters Are Increasing in Consequence

13 13 CNN Discussion of the Atlanta Flooding: “Before the storm stalled over Atlanta, the metro area had been in a prolonged drought. Jeras, the CNN meteorologist, said “the urbanization of Atlanta and its suburban sprawl also contributed to the floods.” “Instead of hitting soil, much of the rainwater ran straight into concrete, where it runs very fast and can overwhelm rivers and drainage systems.” "There used to be a lot more earth and soil to help absorb this stuff," she said. "But the rain really fell on the concrete jungle.”

14 14 The American Planning Association Is Now Turning Increased Attention To Hazards! Paul Farmer, Executive Director of APA June 2009: “Where one builds is just as important as what one builds and how one builds....and it's time now for planners to boldly take the lead in community and professional debates on their interrelationships. They should point out that good buildings simply should not be built in bad locations — something that those enamored of environmental rating systems for individual structures would do well to remember.”

15 15 Paul Farmer Also Writes: “Sometimes the response is easy: Just say no to new buildings on barrier islands or in wildfire-prone canyons. Sometimes it's not so simple: Planners confront very real moral, ethical, and public policy dilemmas in places like New Orleans, the Sacramento-San Joaquin River Delta, or known high- hazard zones of Florida.”

16 16 New American Planning Association Publication “APA's Hazards Planning Research Center (has prepared) a FEMA-funded best practice materials showing how hazard-mitigation and adaptation plans can be integrated into comprehensive planning efforts at all scales — from the neighborhood to the region.” This Document Is Available from APA Excellent in My Opinion

17 New APA Publication Edited by Jim Schwab Hazard Mitigation: Integrating Best Practices into PlanningHazard Mitigation: Integrating Best Practices into Planning, edited by James Schwab, AICP

18 American Bar Association 18 Summary of ABA Resolution 107 E: “The following recommendations of the Financial Services Round Table Blue Ribbon Commission on Megacatastrophes are highly desirable loss mitigation suggestions: > State of the art building codes > Cost-effective retrofitting > Land use policies that discourage construction posing high risk to personal safety or property loss. > Property tax credits to encourage retrofitting These and related elements of loss mitigation are designed to ultimately bring to market affordable insurance policies with broadened coverages.”

19 American Bar Association Resolution 114; Adopted by the ABA House of Delegates; February 2011 19 The American Bar Association has subscribed to the White Paper on Hazard Mitigation prepared by the National Emergency Management Association (NEMA) under contract to FEMA In Resolution 114 ABA voted to: a)Support hazard mitigation through disaster planning; b) Recognize the role of state and local government; c) Give due regard to property rights d) Legal issues

20 Who Is Responsible for the Safety and Security of: Your family? Your home? Your community? Your business?

21 21 Key Themes We need to think broadly to solve our serious problems- including sea level rise and climate change We must stop making things worse We will have opportunities to change legislation over the next few years Right now we have a system which rewards dangerous behavior We need to adapt by removing perverse incentives, reward good planning, safe building, and safe reconstruction 21

22 22 Trends in Damages Following Natural Events Wind, Flood, Earthquake, Wildfire losses are increasing quite dramatically Demographic trends indicate great future challenges More challenges from sea level rise Even more challenges likely from climate change 22

23 $6 billion annually Four-fold increase from early 1900s Per capita damages increased by more than a factor of 2.5 in the previous century in real dollar terms And then there was Katrina, Rita, Wilma Trends in Flood Damages 23

24 Flood and Wind Disasters Have Been Increasing Most Source: Munich Re Courtesy of Dr. Roger Pielke Jr. 24

25 US Damage If Every Hurricane Season Occurred in 2005 Courtesy of Dr. Roger Pielke Jr 25

26 26 Demographic Trends: The Future As we move into the next generation things will be much more challenging for Floodplain and Stormwater Managers Dr. Arthur “Chris” Nelson, FAICP Leadership in a New Era “More than half of the built environment of the United States we will see in 2025 did not exist in 2000” Journal of the American Planning Association, Vol. 72, No. 4, Autumn 2006. © American Planning Association, Chicago, IL.

27 Flood and Wind Disasters Have Been Increasing Most Source: Munich Re Courtesy of Dr. Roger Pielke Jr. 27

28 US Damage If Every Hurricane Season Occurred in 2005 Courtesy of Dr. Roger Pielke Jr 28

29 29 Demographic Trends: The Future As we move into the next generation things will be much more challenging for Floodplain and Stormwater Managers Dr. Arthur “Chris” Nelson, FAICP Leadership in a New Era “More than half of the built environment of the United States we will see in 2025 did not exist in 2000” Journal of the American Planning Association, Vol. 72, No. 4, Autumn 2006. © American Planning Association, Chicago, IL.

30 Wendler Collection Joel Gratz © 2006 USA: Coastal Development Miami Beach 1926 Miami Beach 2006 30

31 Flood Risk = P (Probability of flood) X Consequences) Courtesy of Pete Rabbon USACE Courtesy of: Edward Thomas, Esq. 31

32 USACE Slide courtesy of Pete Rabbon Courtesy of: Edward Thomas, Esq. 32

33 All Shareholders Can Also Contribute to Increased Risk! RISK RISK Increase Factors Vastly Increased Residual Risk Initial Risk Critical Facilities Not Protected From Flooding Infrastructure Not Properly Designed/Maintained Lack of Awareness of Flood Hazard-Lack of Flood, Business Interruption, DIC Insurance Increased Development No Warning/Evacuation Plan Upstream Development Increases Flows 33 Courtesy of: Edward Thomas, Esq.

34 34 Central Message: Even if we perfectly implement current regulations, damages will continue or increase. Remember, we have done a number of positive things, both non-structural and structural, but… We’ll discuss why that is…

35 35 Why Are Floods Getting Worse? Fundamental Misunderstandings: Where is the Floodplain?

36 Natural Hazard Mitigation Association 36 Special Flood Hazard Area If you prevent floodplain fill, you keep existing development safe.

37 Natural Hazard Mitigation Association 37 Large areas of the floodplain are filled and developed. Fill

38 Larger Special Flood Hazard Area After Filling 38

39 39 Flood Heights May Increase Dramatically Other factors may well cause a significant increase in flood heights Legally permitted fill and encroachments Wildfires Debris blockage

40 Serious Public Safety Issues Deeper and Higher Water Results?

41 Safe Development Is Affordable The American Institutes for Research has conducted a detailed study on the cost of floodproofing and elevation That study supports the idea that elevation and floodproofing costs add very small sums and have a significant societal payback The Multihazard Mitigation Council, a group which includes private industry representatives, reports that hazard mitigation has a proven 4-1 payback 41

42 The Choice of Development or No Development is a False Choice! The Choice We Have as a Society is Rather Between: 1. Well planned development that protects people and property, our environment, and our precious Water Resources while reducing the potential for litigation; or 2. Some current practices that are known to harm people, property, and natural floodplain functions-… and may lead to litigation and other challenges 42

43 Why Are Governments Not Acting To Prevent Harmful Development? NOAA recently completed a study which surveyed planners as to impediments to safe development Two major reasons cited: Fear of the “taking” issue Economic pressure 43

44 44

45 45 When one group pays maintenance or replacement of something yet different person or group uses that same something, we often have problems Disaster assistance is a classic example of externality Who Pays For Disaster Assistance? Who Benefits? Reason #1 For Insufficient Standards: Economics and Externality

46 46 Who Pays For Disaster Assistance? Costs of flooding are usually largely borne by: a) The federal and sometimes the State taxpayer through IRS Casualty Losses, SBA loans, Disaster CDBG funds, and the whole panoply of Federal and private disaster relief described in the Ed Thomas et al. publication: Planning and Building Livable, Safe & Sustainable Communities: The Patchwork Quilt Approach b) By disaster victims themselves

47 47 Cui Bono? (Who Benefits?)………. From Unwise or Improper Floodplain Development - a) Developers? b) Communities? c) State Government? d) Mortgage companies? e) The occupants of floodplains? Possibly in the short-term, but definitely NOT in the long-term

48 48 Why Should Government Do Something About This? Fundamental duty Protect the present Preserve a community’s future Be a Responsible Trustee of the “Public Trust”

49 49 Why Else Should Government Do Something About This? In a Word: Liability

50 50 Litigation for Claimed Harm Is Easier Now Than In Times Past Forensic hydrologists Forensic hydraulic engineers Forensic Wildfire, and other Experts

51 51 New Trend In The Law Increasingly states are allowing lawsuits against communities for alleged “goofs” in permitting construction or in conducting inspections Excellent paper By Attorney Jon Kusler PhD for The Association of State Floodplain Managers (ASFPM) Foundation available online at

52 52 Three Ways to Support Reconstruction Following Disaster Damage 1. Self help: loans, savings, charity, neighbors 2. Insurance: disaster relief is a combination of social insurance and self help 3. Litigation The preferred alternative is… to have NO DAMAGE due to land use and hazard mitigation

53 Ka Loko Reservoir Kauai 2006 53 Civil Damages and a Criminal Case For Manslaughter Following This Flood Risk to Whom-For What:

54 54 Examples of Situations Where Governments and Landowners May Be Held Liable for Unreasonable Activity Construction of a Road Causes Damage Stormwater System Increases Flows See, F. Koehnen, Ltd. v. County of Hawaii, 47 Haw. 329 (Haw. 1963) Development Blocks Watercourse Bridge Without Adequate Opening Grading Land Increases Runoff- Flood Control Structure Causes Damage See, Ass'n of Apt. Owners of Wailea Elua v. Wailea Resort Co., 100 Haw. 97 (Haw. 2002) Filling Wetland Causes Damage Issuing Permits for Development Which Causes Harm to a Third Party

55 More Litigation Threatened or Discussed in Hawai’i Lualualei flooding situation Makaha Valley Puuhulu Road/Puuhulu Stream 55

56 56 Lincoln, Nebraska Flooded Homes Developer, engineer, and realtor settle with homeowners City at first held liable; then wins in Nebraska Supreme Court– City “owed no duty to homeowners” Photo: Lincoln Star Journal

57 57 From California….. January 2008: Lawsuit seeks $1 billion in Marin flood damage The plaintiffs – 265 individuals and businesses – are each seeking $4.25 million in damages Lawyers representing the victims could collect more than $66 million in fees

58 Marin, California

59 59 City Of Half Moon Bay, California November, 2007 City Liable for nearly $37,000,000 under the Federal and State Takings Clauses, as well as the Common Law Doctrines of Nuisance and Trespass, for constructing a storm water drainage system which flooded someone

60 60 Fernley, Nevada: “Class-action lawsuit updated in Fernley flood case” “The lawsuit names the Truckee-Carson Irrigation District, Lyon County, the city of Fernley, and companies that built and sold homes in the area flooded when a storm- swollen irrigation canal ruptured” Nevada Appeal, 1/26/08

61 61 California Law Changes 1 levee rupture + 50,000 people evacuated + 9,000 families left homeless + 29 counties declared + $532 million in damages + almost 2 decades of litigation 1986 Sacramento River Flood Photographer: Geoff Fricker = Paterno, a landmark court decision in 2003 Damages - $464 Million

62 62 Katrina Legal Situation Katrina Lawsuits 500,000 Plaintiffs $278 Billion in damages requested Approximately 1,000 plaintiffs attorneys involved - learning about levees, floods, and liability A copy of an article on this topic appeared in the National Wetlands Newsletter and is available at: For the first time in many years, lenders will lose considerable money on mortgages in a disaster area

63 63 Examples of Situations Where Governments Have Been Held Liable Construction of a road blocks drainage Stormwater system increases flows Structure blocks watercourse Bridge without adequate opening Grading land increases runoff Flood control structure causes damage Filling wetland causes damage Issuing permits for development which causes harm to a third party

64 64 In These Examples Of Community Legal Liability For Permitting Or Undertaking Activity Is There A Theme? YOU BET!!! What is that Theme?

65 65 The Theme They did not do Safe and Proper Planning!!! They did not adopt the higher standards of the CRS Program!! They did not identify the impacts of the development activity They did not notify the soon-to-be afflicted members of the Community They did not re-design or re-consider the project They did not require appropriate and necessary mitigation measures

66 66 Landowner Does Not Have All Rights Under The Law No right to be a nuisance No right to violate the property rights of others No right to trespass No right to be negligent No right to violate laws of reasonable surface water use; or riparian laws No right to violate the public trust

67 67 Public Entities Do Not Have The Right To Do Just Anything Either! No right to use public office to wage vendettas No right to abuse the public No right to use regulation to steal from a landowner

68 68 Liability Can Sometimes Be Established Under A Variety of Theories: Failure To Follow Your Own Plan Keystone Elec. Mfg. Co. v. City of Des Moines, 586 N.W.2d 340, 343 (Iowa 1998) “We conclude that the City's decisions concerning how to fight the flood do not fall under the discretionary function exception to liability under Iowa Code section 670.4(3) of Iowa's Tort Liability of Governmental Subdivisions Act....”Iowa Code section 670.4(3)

69 69 How About Immunity? Where revised off-ramp caused flooding…under the Colorado Governmental Immunity Act, county was required to exercise reasonable care to correct condition…. Larry H. Miller Corp.-Denver v. Bd. of County Comm'rs, Court of Appeals No. 02CA0545, COURT OF APPEALS OF COLORADO, DIVISION FOUR, 77 P.3d 870 (2003) And- “…city's storm drainage system flooding plaintiff's adjacent property constituted continuing trespass….” Docheff v. City of Broomfield, 623 P.2d 69 (Colo. App. 1980)

70 70 How About Immunity in Hawai’i? The basic principle of governmental tort liability in Hawaii now is that the state and its political subdivisions shall be held accountable for the torts of governmental employees in the same manner and to the same extent as a private individual under like circumstances. See, Cootey v. Sun Investment and County of Hawaii, 68 Haw. 480; 718 P.2d 1086 (1986) But: Government is not intended to be an insurer of all the dangers of modern life, despite its ever-increasing effort to protect its citizens from peril. See, Cootey v. Sun Investment and County of Hawaii, 68 Haw. 480; 718 P.2d 1086 (1986)

71 71 Reason #2 Why Safer Standards Are Not Implemented: Concerns About A “Taking”

72 72 The Constitution of the United States Fifth Amendment to the Constitution: “… nor shall private property be taken for public use without just compensation.” Was this some theoretical thought, or passing fancy? Which part of this directly mentions regulation? Pennsylvania Coal Company vs. Mahon 260 US 293 (1922). But See, Keystone Coal 480 US 470, 1987.

73 Constitution of the State of Hawai'i Section 20. EMINENT DOMAIN. “Private property shall not be taken or damaged for public use without just compensation.” HRS Const. Art. I, § 20 Seems Even Broader than its federal counterpart because it protects not only property that is "taken," but also property that is "damaged.” HRS Const. Art. I, § 20 73

74 Increase in Cases Involving Land Use There has been a huge increase in Taking Issue Cases, and related controversies involving development Thousands of cases reviewed by Jon Kusler, me and others Common thread? Courts have modified Common Law to require an Increased Standard of Care as the state of the art of Hazard Management has improved Government is vastly more likely to be sued for undertaking activity, or permitting others to take action which causes harm than it is for strong, fair regulation 74

75 75 Taking Lawsuit Results: Regulations clearly based on hazard prevention and fairly applied to all: successfully held to be a Taking – almost none! Many, many cases where communities and landowners held liable for harming others

76 76 Major Federal “Taking” Court Case Kelo v. New London, US Supreme Court, No.04-108, Decided June 23, 2005.

77 77 Susette Kelo’s House Susette Kelo’s pretty pink house

78 78 Extremely Important US Supreme Court Case on Takings Lingle v. Chevron, US Supreme Court No. 04-163 Decided May 23, 2005

79 79 Here Is The Gas Station In Lingle

80 80 Summary of Tests to Determine If There Is A Taking The tests articulated all aim to identify regulatory actions that are functionally equivalent to a direct appropriation of or ouster from private property

81 81 Can Government Adopt Higher Standards Than FEMA Minimums? FEMA Regulations Encourage Adoption of Higher Standards-”… any floodplain management regulations adopted by a State or a community which are more restrictive than (the FEMA Regulations) are encouraged and shall take precedence.” 44CFR section 60.1(d). (emphasis added)

82 82 Hazard Based Regulation And The Constitution Hazard based regulation generally sustained against Constitutional challenges Goal of protecting the public accorded ENORMOUS DEFERENCE by the Courts

83 83 Why Go Beyond the Current Minimum Standards? Damages from foreseeable natural hazards are continuing and/or increasing unnecessarily! Current NFIP approaches deal primarily with how to build in a floodplain vs. how to minimize future damages

84 Climate Change & Sea Level Rise A few thoughts: Many folks thin that the subjects of “climate change” and “sustainability” are actually part of a vast left wing conspiracy I have written an article for the American Bar Association which essentially says, even if that is your belief, one must do climate change adaptation just as much as if one were a fervent believer in climate change

85 85 Hurricane Damage and Global Warming How Bad Could It Get and What Can We Do About It Today? A Report By: Daniel Sutter for The Competitive Enterprise Institute “Current public policies encourage risky and inefficient coastal development by shifting the cost of hurricane damage to third parties.” “…while insurance reform and building code enforcement are not normally considered as polices to address potential adverse effects from global warming, they should be.”

86 86 A Solution: Follow the Principles of Emergency Management Hope for the Best Plan for the Worst Go Beyond Flood Insurance and Other Current Regulatory Minimum Standards Higher Standards for: Development Decision-making Planning Emergency Preparedness

87 But, Must Climate Change Adaptation Mean Set-Back? I do not Believe Set-Backs are the ONLY Answer to Sea Level Rise and Climate Change One Example: August-September Issue of APA’s Planning Magazine “First Tsunami Evacuation Building Planned” City Hall to be Constructed in Oregon Will Double as a Tsunami Shelter for 40 Foot Tall Waves Under Design at Oregon’s Hinsdale Wave Research Facility 87

88 Can Adaptation Include Elevation? 88 From Planning Magazine August –September 2010


90 90 A Conservative View of Property-Rights The Cato Institute Indicates that Compensation is Not Due When: “… regulation prohibits wrongful uses, no compensation is required.” “When the government acts to Secure Rights-when it stops someone from polluting his neighbor … it is acting under its police power … because the use prohibited … was wrong to begin with.”

91 What is a “Wrongful Use”? Will Courts Accept the Theory of Climate Change? Especially if the Regulation is the Equivalent of an Ouster from Private Property? Fundamental Principal of Emergency Management is: Hope for the Best… Plan for the Worst. 91

92 92 In Deciding Whether Regulations “Take”, Courts Examine Impact of regulations on private property owners Does the owner “own”? Is the area subject to public trust? Are the proposed activities nuisance-like? Diminution in value? Denial of all economic use? Impact on whole property Impact on reasonable investment backed expectations? The nature of the government actions Adequacy of goals? Factually supported? Nondiscriminatory?

93 93 Avoiding A Taking Avoid Interfering with the Owner’s Right to Exclude Others. (Loretto) Avoid Denial of All Economic Use. (Lucas) In Highly Regulated Areas Consider Transferable Development Rights or Similar Residual Right so the Land Has Appropriate Value. (Penn Central) Clearly Relate Regulation to Preventing a Hazard. See, Different results in Gove v. Zoning Bd. of Appeals, 444 Mass. 754 (Mass. 2005)and Annicelli v. Town of South Kingston, 463 A.d 133 (1983); and Lopes v. Peabody. Establish a Fair Variance Procedure

94 What is a Disaster? Loss of a job? Loss of one’s home? Loss of a community facility? Widespread loss of power? Earthquake-Flood-Fire?

95 What is a Disaster? It’s All a Matter of Perspective Victim or disaster survivors Business and industry Local Community State National Government

96 What is a Catastrophic Disaster? Lots of definitions developed based on size In my opinion- those definitions do not work well in the real world I have worked in situations involving a small situation which was a “catastrophe” and in huge situations which were not considered catastrophic If government or voluntary agencies or business/industry are functional we do not seem to have a “catastrophe” from the perspective of the survivors and press

97 Overseas Disasters 97 In areas where business and industry, government, voluntary agencies, and society is already fragile we are generally going to be in a catastrophic type situation.

98 Note on Catastrophes and Resiliency 98 On the previous slide I note that: In areas where business and industry, government, voluntary agencies, and society is already fragile we are generally going to be in a catastrophic type situation. Is the United States as economically strong as it was in: 1950? 1960? 1970? 1980?1990? 2000? 2005? Might we be headed towards a truly catastrophic disaster from which even the US economy will have a very hard time recovering? What are the planning implications? What are the societal implications? To whom will the decision makers turn for solutions?

99 Must an Event be a “Disaster”? Preparedness Planning A Community a Business or an Industry Insurance Disaster Continuity Plan Individual Planning Insurance Disaster Kit/Plan One’s Community Disaster resistant building codes/zoning Pre-Disaster Mitigation Planning Post-Disaster Mitigation Planning Pre-Planned Mutual Assistance compacts Disaster Contingency Planning Planning to Manage Volunteers

100 How Does One Handle A “Disaster”? Design and Plan to have natural events not be a disaster for the business, its employees, the community, its critical suppliers and customers Plan to be resilient, if you have a disaster-think “Black Swan Event” Employees Suppliers Customers Key Personnel Self-Help Insurance Business Community Shared resources Coordination with Local Charities and Voluntary Agencies Coordination with Government Programs

101 Some of the Many Organizations Working to Solve These Problems US Chamber of Commerce Natural Hazard Mitigation Association United Way Institute for Business and Home Safety “ Open For Business®” Federal Emergency Management Agency Multiple NOAA Organizations Red Cross US Coast Guard Disaster Resistant Business Council: Tulsa, Oklahoma Many Organizations in Hawai’i, including the National Disaster Preparedness Training Center, the Pacific Disaster Center, Various Agencies of State Government, the University of Hawai’i….

102 Typical Flaws in Community and Business Continuity Plans Failure to consider safety of home and families of employees-leads to role conflict for employees and inefficiencies Failure to consider effects of a disaster on upstream suppliers and downstream customers Failure to realize that the very survival of a community, a business and or its management may depend on preparing for and responding to a crisis

103 Next Steps for Disaster Planning First, please consider how devastating a Natural Event such as a flood, Tsunami, Hurricane, wildfire, earthquake, volcanic eruption can and unfortunately will be to Hawai’i Second, consider the vulnerability of the Islands, the economy, the people, the logistics of obtaining food medicine and the necessities of life Then, lets do some additional planning, preparedness, and public information dissemination beyond the excellent efforts already underway, for the entire Hawai’i ‘Ohana Who-When-How?

104 Get Ready to Contribute So as To Take Advantage of the Opportunity Presented by a Crisis Patchwork Quilt White Paper of Available Pre and Post Disaster Funding Understand the Options available pre and post disaster Learn to use other Available Tools: FEMA Risk MAP Products NOAA Digital Coast StormSmart Coasts Products and Web-Based Information

105 Special Edition for: ASFPM November 2011 Available on StormSmart Coasts Website Patchwork Quilt: A Creative Strategy for Safe Post-Disaster Rebuilding

106 Recommended Reading:

107 Definitely Worth a Look

108 There is a Significant Role for the Planning Community in this Important Publication

109 Planning is Stressed Throughout the Disaster Recovery Framework-A Huge Step Forward for Planners

110 Presidential Policy Directive 8 (PPD-8) Issued by President Obama in March 2011 Implementation planning and documentation development underway PPD-8 deals with the nation’s preparedness for dealing with catastrophic results from natural or human caused events Includes significant planning and hazard mitigation elements Definitely many opportunities for additional input Additional input from grass-roots planners much needed

111 FEMA Just Sponsored the First of Several Stakeholder Meetings The NHMA Representative, at the meeting, Darrin Punchard of AECOM, has prepared a short report available to any of you who desire a copy Any individuals can provide their own input, thoughts or ideas to FEMA at: (click on the link for ‘Presidential Policy Directive 8’). At this site you also may view, comment and vote on those ideas submitted by others. The next FEMA PPD-8 Webinar is Wednesday February 8 from 2:00 - 4:00 p.m. EST

112 Possible Action By The You As Individuals; and Possibly as a Class Project Provide Comments on PPD-8 Provide Comments on Legislation such as the reform of the National Flood Insurance Program In general get involved! NHMA can supply as much additional information on this topic as you desire.

113 113 Go Beyond Existing and NFIP & State Minimum Standards for No Adverse Impact-CRS Type: Development decision-making Planning Emergency Preparedness A Solution

114 114 Might the State of Hawai’i and all All Communities in Hawai’i Wish To Consider Higher Standards? Consider: A) Uncertainties in flood elevations-50% confidence B) Consequences if a factory, water treatment plant or other critical facility is flooded C) 50% chance that 1% flood will be exceeded within 70 years according to Bulletin 17 B of the WRC D) Changes in flood heights and velocities due to factors such as upstream wildfires and mud slides/mudflow E) Sea Level Rise, climate variability and climate change

115 Think About: Tsunamis Hurricanes Volcanoes Black Swan Events Limitations of existing NFIP models Debris blockage (models assumes no blockage) Wildfires (exacerbated flows from burned vegetation- hydrophobic soils etc.) Technical assumptions and other uncertainties

116 116 Implementing NAI in the Real World Comprehensive watershed future conditions water resources mapping looking at water supply-water quality-stormwater management and flooding Interim Measure Require a demonstration that all development does not change the hydrograph for the 1-10-50-100-500 year BOTH flood and storm If time permitted we would have some engineers discuss exactly how to do these steps: Low Impact Development (LID)

117 So, Beyond NAI, What Can We Do? Two Models I Would Like To Discuss: A) Reduction in Incidence of Airplane Disasters B) Reduction in Incidence of Urban Fires 117

118 A) Reduction in Incidence of Airplane Disasters 118 Enormous Success in the 20 th Century

119 …learning from experience 119

120 B) Reduction in Urban Fires FEMA Publication America at Risk America Burning Recommissioned FA-223/June 2002 FEMA Report in 2002 120

121 Fire Loss in Urban United States “One hundred years ago, American cities faced a devastating challenge from the threat of urban fires. Whole cities had become the victims of these events. Entire neighborhoods lived with the very real threat that an ignited fire would take everything, including their lives.” From: America at Risk America Burning Recommissioned FA-223/June 2002 121

122 Fire Loss in Urban United States “Today, the threat of fires is still with us. But we have done a lot to address the risk, minimize the incidence and severity of losses, and prevent fires from spreading. Our states and localities have an improving system of codes and standards; most of us are aware of the risks; We have accomplished a lot, but we have much more to do.” From: America at Risk America Burning Recommissioned FA-223/June 2002 122

123 Build On Our Success “Today, we must not only continue and reinvigorate our successes, but also expand them to include the natural and man-made threats that each of our counties, cities, towns and villages face every day – floods, earthquakes, hurricanes, hazardous material spills, highway accidents, acts of terrorism, and so much more.” From: America at Risk America Burning Recommissioned FA-223/June 2002 123

124 124 Take Away Message Community leaders have responsibility for public safety and need to be aware: Many areas can flood, or be damaged by foreseeable natural events Uninsured victims will likely sue- and will try to find someone to blame Fair harm prevention regulations help everyone

125 125 Message For All Involved In Emergency Management & Community Development The fundamental rules of developing livable communities, as articulated, by Federal Law, envision housing and development which Is: Decent Safe Sanitary Affordable

126 126 Development Destroyed or Damaged by Foreseeable Natural Processes Fails That Vision! Housing and development which are so poorly planned, engineered or designed that they are destroyed by such natural processes are: Indecent Unsafe Unsanitary Unaffordable- by the flood victims, by their Community, by the State, and by our Nation.

127 Summary Fundamentally our society must and will choose either: Better standards to protect resources and people or Standards which inevitably will result in destruction and litigation The higher regulations of the FEMA Community Rating System are, I think, taking us in the right direction Each of you will play a key role in helping create a safe and sustainable future; or in continuing & making worse the incredible mess in which we are, already You have made a choice towards helping make things better by learning how, right here. Please keep going! 127

128 NHMA Membership Includes People wanting to make a difference and work towards reducing losses from disasters Engineers, planners, floodplain mangers, government officials, community activists, academics, practitioners, students, etc. People involved in building resilient organizations and communities Students for a mere $15 per year We would like to include you!

129 Contact Information: Natural Hazard Mitigation Association 616 Solomon Drive Covington, Louisiana 70433 504-914-6648

130 130 617-515-3849 Questions Comments? Mahalo!

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