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University of Hawaii Department of Urban & Regional PlanningDisaster 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, 2012Edward A. Thomas Esq.PresidentNatural Hazard Mitigation Association
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
First Some Words From Our Sponsor
What is NHMA?
NHMA WAS CREATED IN 2008
TO BRING TOGETHER THE VARIOUS
INDIVIDUALS AND ORGANIZATIONS
WORKING IN THE FIELD OF
HAZARD MITIGATION.
NHMA Membership IncludesPeople 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
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
66
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…
77
Mother Nature
88
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”
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
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
1111
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 principlesNone refer to hazards specificallyA very few refer to protecting natural resourcesGabor Zovanyi is the author; Article is “The Role of
Smart Growth Legislation in Advancing the Tenets of Smart Growth”
12
But There Is Hope!
New and Exciting APA and ABA Awareness and Initiatives
Improved FEMA Flood Mapping Program-Risk MAPThe Formation of the National Hazard Mitigation
Collaborative AllianceFormation of the Natural Hazard Mitigation AssociationUSACE Silver Jackets ProgramNumerous Organizations in Hawai’i working on disaster
preparednessMedia and Other National Leaders Are Finally Catching
on to the Real Reasons Flooding and Other Natural Disasters Are Increasing in Consequence
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
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
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
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
New APA Publication Edited by Jim Schwab
Hazard Mitigation: Integrating Best Practices into Planning, edited by James Schwab, AICP
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
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 rightsd) Legal issues
Who Is Responsible for the Safety and Security of:
Your family?Your home?Your community?Your business?
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
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
$6 billion annually
Four-fold increasefrom early 1900s
Per capita damages increased by morethan a factor of 2.5 inthe previous century in real dollar terms
And then there was Katrina, Rita, Wilma
Trends in Flood Damages
23
Flood and Wind Disasters Have Been Increasing Most
Source: Munich ReCourtesy of Dr. Roger Pielke Jr.24
US Damage If Every Hurricane Season Occurred in 2005
Courtesy of Dr. Roger Pielke Jr
25
2626
Demographic Trends: The FutureAs we move into the next generation things will
be much more challenging for Floodplain and Stormwater Managers
Dr. Arthur “Chris” Nelson, FAICPLeadership 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.
Flood and Wind Disasters Have Been Increasing Most
Source: Munich ReCourtesy of Dr. Roger Pielke Jr.27
US Damage If Every Hurricane Season Occurred in 2005
Courtesy of Dr. Roger Pielke Jr
28
2929
Demographic Trends: The FutureAs we move into the next generation things will
be much more challenging for Floodplain and Stormwater Managers
Dr. Arthur “Chris” Nelson, FAICPLeadership 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.
Wendler CollectionJoel Gratz © 2006
USA: Coastal DevelopmentUSA: Coastal DevelopmentMiami Beach 1926
Miami Beach 2006
30
Flood Risk = P (Probability of flood) X Consequences)
Courtesy of Pete Rabbon USACECourtesy of:Edward Thomas, Esq.
31
USACE Slide courtesy of Pete Rabbon
Courtesy of:Edward Thomas, Esq.
32
All Shareholders Can Also Contribute to Increased Risk!
RIS
K
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
33Courtesy of:Edward Thomas, Esq.
3434
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…
3535
Natural Hazard Mitigation Associationwww.nhma.info
36
Special Flood Hazard Area
If you prevent floodplain fill,you keep existing development safe.
Natural Hazard Mitigation Associationwww.nhma.info
37
Large areas of thefloodplain are filled
and developed.
Fill
Larger Special Flood Hazard Area After Filling
38
3939
Flood Heights May Increase Dramatically
Other factors may well cause a significant increase in flood heights
Legally permitted fill and encroachments
WildfiresDebris blockage
Serious Public Safety Issues
Deeper and Higher Water Results?
Safe Development Is AffordableThe 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
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
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 pressure43
44
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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 externalityWho Pays For Disaster Assistance?
Who Benefits?
Reason #1 For Insufficient Standards:Economics and Externality
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
4747
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
4848
Why Should Government Do Something About This?
Fundamental duty
Protect the present
Preserve a community’s futureBe a Responsible Trustee of
the “Public Trust”
4949
Why Else Should Government Do Something About This?
In a Word:
Liability
5050
Litigation for Claimed Harm Is Easier Now Than In Times Past
Forensic hydrologists
Forensic hydraulic engineers
Forensic Wildfire, and other Experts
5151
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 www.floods.org
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Three Ways to Support Reconstruction Following Disaster Damage1.Self help: loans, savings, charity, neighbors2.Insurance: disaster relief is a combination of social insurance and self help3.Litigation
The preferred alternative is…to have NO DAMAGE
due to land use and hazard mitigation
Ka Loko Reservoir
Kauai 2006
53
Civil Damages and a Criminal Case For Manslaughter Following This Flood
Risk to Whom-For What:
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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 WatercourseBridge 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
More Litigation Threatened or Discussed in Hawai’iLualualei flooding situation
Makaha Valley
Puuhulu Road/Puuhulu Stream
55
5656
Flooded HomesDeveloper, engineer, and realtor settle with homeownersCity at first held liable; then wins in Nebraska Supreme
Court– City “owed no duty to homeowners”
Photo: Lincoln Star Journal
5757
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
Marin, California
5959
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
6060
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
6161
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
Pho
tog
raph
er:
Geo
ff F
ricke
r
= Paterno, a landmark court decision in 2003Damages - $464 Million
6262
Katrina Legal SituationKatrina Lawsuits500,000 Plaintiffs$278 Billion in damages requestedApproximately 1,000 plaintiffs attorneys involved
- learning about levees, floods, and liabilityA copy of an article on this topic appeared in the
National Wetlands Newsletter and is available at: www.floods.org/PDF/ET_Katrina_Insurance_082907.pdf
For the first time in many years, lenders will lose considerable money on mortgages in a disaster area
63
Examples of Situations Where Governments Have Been Held Liable
Construction of a road blocks drainageStormwater system increases flowsStructure blocks watercourseBridge without adequate openingGrading land increases runoffFlood control structure causes damageFilling wetland causes damageIssuing permits for development which
causes harm to a third party
6464
In These Examples Of Community Legal Liability For Permitting Or Undertaking Activity
Is There A Theme?
YOU BET!!!
What is that Theme?
6565
The ThemeThey 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 activityThey did not notify the soon-to-be afflicted
members of the CommunityThey did not re-design or re-consider the
projectThey did not require appropriate and
necessary mitigation measures
6666
Landowner Does Not Have All Rights Under The Law
No right to be a nuisanceNo right to violate the property rights of
othersNo right to trespassNo right to be negligentNo right to violate laws of reasonable
surface water use; or riparian lawsNo right to violate the public trust
6767
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 publicNo right to use regulation to steal
from a landowner
68
Liability Can Sometimes Be Established Under A Variety of Theories: Failure To Follow Your Own PlanKeystone 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....”
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
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)
7171
Reason #2 Why Safer Standards Are Not Implemented:
Concerns About A “Taking”
7272
The Constitution of the United StatesFifth 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.
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, § 20Seems Even Broader than its federal counterpart because it protects not only property that is "taken," but also property that is "damaged.”
73
Increase in Cases Involving Land UseThere 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 7474
7575
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
7676
Major Federal “Taking” Court Case
Kelo v. New London, US Supreme Court, No.04-108, Decided June 23, 2005.
7777
Susette Kelo’s pretty pink house
7878
Extremely Important US Supreme Court Case on Takings
Lingle v. Chevron, US Supreme Court No. 04-163 Decided May 23, 2005
7979
8080
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
8181
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)
8282
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
8383
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
Climate Change & Sea Level RiseA 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
Hurricane Damage and Global WarmingHow 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.”
8686
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-makingPlanningEmergency Preparedness
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 OregonWill Double as a Tsunami Shelter for 40 Foot Tall
WavesUnder Design at Oregon’s Hinsdale Wave
Research Facility87
Can Adaptation Include Elevation?
88
From Planning Magazine August –September 2010
9090
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.”
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
In Deciding Whether Regulations “Take”, Courts ExamineImpact 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 propertyImpact on reasonable investment backed
expectations?The nature of the government actions
Adequacy of goals?Factually supported?Nondiscriminatory?
9393
Avoiding A TakingAvoid 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
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?
What is a Disaster?It’s All a Matter of Perspective
Victim or disaster survivorsBusiness and industryLocal CommunityStateNational Government
What is a Catastrophic Disaster?What is a Catastrophic Disaster?
Lots of definitions developed based on sizeIn my opinion- those definitions do not work
well in the real worldI 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
Overseas Overseas DisastersDisastersOverseas Overseas DisastersDisasters
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
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?
Must an Event be a “Disaster”?
Preparedness PlanningA Community a Business or an Industry
Insurance Disaster Continuity Plan
Individual Planning Insurance Disaster Kit/Plan
One’s CommunityDisaster resistant building codes/zoningPre-Disaster Mitigation PlanningPost-Disaster Mitigation PlanningPre-Planned Mutual Assistance compactsDisaster Contingency PlanningPlanning to Manage Volunteers
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 InsuranceBusiness Community Shared resources Coordination with Local Charities and Voluntary Agencies Coordination with Government Programs
Some of the Many Organizations Working to Solve These Problems
US Chamber of CommerceNatural Hazard Mitigation AssociationUnited WayInstitute for Business and Home Safety
“ Open For Business®”Federal Emergency Management AgencyMultiple NOAA OrganizationsRed CrossUS Coast GuardDisaster Resistant Business Council: Tulsa, OklahomaMany 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….
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
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?
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 ProductsNOAA Digital CoastStormSmart Coasts Products and Web-Based
Information
Special Edition for: ASFPM
November 2011
Available on StormSmart Coasts Website
Patchwork Quilt:Patchwork Quilt:A Creative A Creative
Strategy for Strategy for Safe Post-Disaster Safe Post-Disaster
RebuildingRebuilding
Recommended Reading:
Definitely Worth a Look
There is a Significant Role for the Planning Community in this Important Publication
Planning is Stressed Throughout the Disaster Recovery Framework-A Huge Step Forward for Planners
Presidential Policy Directive 8 (PPD-8)
Issued by President Obama in March 2011Implementation planning and documentation
development underwayPPD-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 inputAdditional input from grass-roots planners much
needed
FEMA Just Sponsored the First of Several Stakeholder MeetingsThe 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: fema.ideascale.com (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
Possible Action By The You As Individuals; and Possibly as a Class Project
Provide Comments on PPD-8Provide 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.
113113
Go Beyond Existing and NFIP & State Minimum Standards for No Adverse Impact-CRS Type:
Development decision-makingPlanningEmergency Preparedness
A Solution
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
Think About:TsunamisHurricanesVolcanoesBlack Swan EventsLimitations of existing NFIP models
Debris blockage (models assumes no blockage)Wildfires (exacerbated flows from burned
vegetation-hydrophobic soils etc.)Technical assumptions and other uncertainties
116116
Implementing NAI in the Real World
Comprehensive watershed future conditions water resources mapping looking at water supply-water quality-stormwater management and flooding
Interim MeasureRequire 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)
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
A) Reduction in Incidence of Airplane Disasters
118
Enormous Success in the 20th Century
…learning from experience
119
B) Reduction in Urban Fires
FEMA PublicationAmerica at RiskAmerica Burning
Recommissioned FA-223/June 2002
FEMA Report in 2002120
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 RiskAmerica Burning Recommissioned FA-223/June 2002 121
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 RiskAmerica Burning Recommissioned FA-223/June 2002 122
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 RiskAmerica Burning Recommissioned FA-223/June 2002 123
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Take Away MessageCommunity leaders have responsibility for
public safety and need to be aware:Many areas can flood, or be damaged
by foreseeable natural eventsUninsured victims will likely sue- and
will try to find someone to blameFair harm prevention regulations
help everyone
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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:DecentSafe Sanitary Affordable
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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:IndecentUnsafeUnsanitaryUnaffordable- by the flood victims, by their
Community, by the State, and by our Nation.
SummaryFundamentally 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!
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NHMA Membership IncludesPeople 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 yearWe would like to include you!
Contact Information:
Natural Hazard Mitigation Association616 Solomon DriveCovington, Louisiana [email protected]
