HB 2399

This bill establishes a voluntary community storm emergency relief program to be administered by the department of tourist development in collaboration with the department of agriculture. A hotel or a food service establishment may opt-in to the program by providing notice to the department of tourist development. The program must authorize, during a declared state or local emergency due to a severe weather event , all of the following:  A hotel to charge a lower, pre-determined emergency rate to local residents in need of shelter .  A hotel to offer flexible cancellation, early checkout options, and prorated refunds if circumstances improve, allowing the local resident to return home earlier than expected .  Food service establishments, including food trucks, to remain open and operate in neighborhoods affected by the emergency. This bill clarifies that participation in the program is voluntary and is subject to the business judgment of the operator ; room and food availability, as applicable ; and safety considerations. This bill authorizes the department of tourist development, through its marketing division , to (i) p romote hotels and food establishments participating in the program through public recognition, promotional support, limited financial assistance within the resources of the department, or other appropriate means; ( ii ) m aintain on its website a list of hotels and food service establishments participating in the program; and ( iii ) c reate an online platform through which a hotel or food service establishment ma y choose to participate in the program. This bill clarifies that the provisions above do not (i) m andate participation or cooperation by a hotel or food service establishment operator, a local government, or a department or agency of this state; or (ii) c reate a private right of action, a penalty, or an enforcement obligation against this state, a local government, or a hotel or food service establishment operator. FOOD ESTABLISHMENTS UNDER COMMISSIONER OF AGRICULTURE'S JURISDICTION This bill authorizes t he commissioner of agriculture, the commissioner's duly authorized representative, and , in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner (together, "commissioner"") to authorize food service establishments to participate in the program as described above . As part of a food service establishment's participation, the commissioner may engage in the following:  Issu ing temporary permits or waive restrictions necessary to facilitate food service establishment participation in the program. Local governments may, and are encouraged to, issue temporary permits or waive restrictions necessary to facilitate a food service establishment's participation in the program if the establishment has been identified as a participant by the commissioner .  Allowing state or local agencies to coordinate with participating food service establishments to provide meals in areas without power or other utility services or access to grocery services. This bill authorizes a food service establishment participating in the program to adopt flexible, community-focused practices during a declared state or local emergency. The commissioner may provide informal guidance on such practices and publish the guidance on the department's website."