Tropical Storm Darby
Posted on Jul 22, 2016 in Emergency ProclamationsEffective: July 22, 2016 through July 29, 2016
OFFICE OF THE GOVERNOR
STATE OF HAWAII
PROCLAMATION
By the authority vested in me as Governor by the Constitution and laws of the State of Hawaii, in order to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor of the State of Hawaii, hereby
determine, designate and proclaim as follows:
WHEREAS, based upon scientific information and expertise available, Hawaii is in danger of a disaster occurrence of high winds, heavy rains, high surf, storm surge, and flooding that threaten to cause extensive damage to private and public property throughout the entire State and impacting the counties of Hawaii, Maui, Kalawao, Kauai, and the City and County of Honolulu, State of Hawaii, thereby endangering the health,
safety, and welfare of the people; and
WHEREAS, this occurrence of a severe, sudden, and extraordinary event of high winds, heavy rains, high surf, storm surge, and flooding that threatens to cause damages, losses, and suffering of such character and magnitude to affect the health, welfare, and living conditions of a substantial number of persons, and to affect the health, welfare, and living conditions of a substantial number of persons, and to affect the economy of the State, and is expected to be of such a nature as to warrant rehabilitative assistance from the State; and
WHEREAS, the danger of disaster is of such magnitude to warrant preemptive and protective action in order to provide for the health, safety, and welfare of the people; and
WHEREAS, the Legislature of the State of Hawaii has appropriated from the general revenues of the State, monies as may be necessary for expenditure by or under the direction of the Governor for the immediate relief of the conditions created by the disaster; and
WHEREAS, in expending such monies, the Governor may allot any portion to any agency, office, or employee of the state or a county for the most expeditious and efficient relief of the conditions created by the disaster; and
WHEREAS, pursuant to sections 127A-14 and 127A-16, Hawaii Revised Statutes, the Governor is authorized to determine whether an emergency or disaster has occurred, or there is an imminent danger or threat of an emergency or disaster and authorize actions under chapter 127A, Hawaii Revised Statutes, and the expenditure of funds thereunder; and
WHEREAS, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes, the Governor is authorized to suspend any law which impedes or tends to impede or is detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws specifically made applicable to emergency personnel; and
WHEREAS, pursuant to section 127A-13(a)(2), Hawaii Revised Statutes, the Governor is further authorized to relieve hardship and inequities or obstructions to the public health, safety, and welfare found by the Governor to exist in the laws and to result from the operation of federal programs or measures taken under chapter 127A, Hawaii Revised Statutes, by suspending laws in whole or in part, or by alleviating the provisions of laws on such terms and conditions as the Governor may impose; and
WHEREAS, pursuant to section 127A-12(b)(8), Hawaii Revised Statutes, the Governor may suspend chapter 1030 and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4, Hawaii Revised Statutes, and I find that these provisions, in whole or in part, impede or tend to impede the
expeditious discharge of emergency disaster relief functions for this occurrence and that compliance therewith is impracticable due
to existing conditions; and
WHEREAS, pursuant to section 127A-12(b)(13), Hawaii Revised Statutes, the Governor may require each public utility, or any person owning, controlling, or operating a critical infrastructure facility as identified by the Governor, to protect and safeguard its or the person’s property, or to provide for the protection and safeguarding thereof: and provide for the protection and safeguarding of all critical infrastructure and key resources, including the regulation or prohibition of public entry thereon, or the permission of the entry upon such terms and conditions as the Governor may prescribe; and
WHEREAS, pursuant to section 127A-12(a)(5), Hawaii Revised Statutes, the Governor may direct or control, as may be necessary for emergency management alerts, warnings, notifications, and activations; warnings and signals for alerts and any type or warning device, system, or method to be used in connection therewith; partial or full mobilization of personnel in advance of or in response to an actual emergency or disaster; the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, emergencies, ordisasters; and
WHEREAS, pursuant to section 127A-13(a)(5), Hawaii Revised Statutes, the Governor may shut off water mains, gas mains, electric power connections, or suspension of other services; and
WHEREAS, pursuant to section 127A-13(a)(6), Hawaii Revised Statutes, the Governor may direct and control the mandatory evacuation of the civilian population; and
WHEREAS, pursuant to section 127A-12(b)(16), Hawaii Revised Statutes, the Governor is further authorized to order and direct government agencies, officials, officers, and employees of the State, to take such action and employ such measures for law enforcement, medical, health, firefighting, traffic control, warnings and signals, engineering, rescue, construction, emergency housing, other welfare, hospitalization, transportation, water supply, public information, training, and other emergency functions as may be necessary, and utilize the services, materials, and facilities of the agencies and officers; and
WHEREAS, pursuant to section 127A-12(b)(9), Hawaii Revised Statutes, the Governor may appoint, employ, train, equip, and maintain, with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 78, and 88, such agencies, officers, and other persons as the Governor deems necessary to carry out emergency management functions; determine to what extent any law prohibiting the holding of more than one office or employment applies to the agencies, officers, and other persons; and subject to the provisions of chapter 127A, Hawaii Revised Statutes, provide for the interchange of personnel, by detail, transfer, or otherwise, between agencies or departments of the State; and
WHEREAS, pursuant to section 127A-12(b)(19), Hawaii Revised Statutes, the Governor may take any and all steps necessary or appropriate to carry out the purposes of chapter 127A, Hawaii Revised Statutes notwithstanding that powers in section 127A- 13(a) may only be exercised during an emergency period; and
NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawaii, hereby determine that an emergency or disaster contemplated by section 127A-14, Hawaii Revised Statutes, threatens the State of Hawaii in the above areas in the State of Hawaii, and do hereby proclaim these areas to be disaster areas for the purpose of implementing the emergency management functions as allowed by law, authorizing the expenditure of State monies as appropriated for the speedy and efficient relief of the damages, losses, and suffering resulting from the emergency or disaster, and hereby authorize and invoke the following measures under the Hawaii Revised Statutes:
1. Section 127A-16, Hawaii Revised Statutes, by the activation of the Major Disaster Fund.
2. Sections 127A-13 and 127A-12, Hawaii Revised Statutes, and in order to provide emergency relief as a result of this event, I hereby suspend as allowed by federal law, the following statutes:
a. Section 37-41, Hawaii Revised Statutes, appropriations to revert to state treasury.
b. Section 37-74(d), Hawaii Revised Statutes, program execution, except for sub-sections 37-74(d)(2) and 37-74(d)(3), Hawaii Revised Statutes, and any such transfers or changes shall be considered authorized transfers or changes for purposes of section 34-74(d)(1) for legislative reporting requirements.
c. Section 40-66, Hawaii Revised Statutes, lapsing of appropriations.
d. Chapter 89, Hawaii Revised Statutes, collective bargaining in public employment.
e. Chapter 89C, Hawaii Revised Statutes, public officers and employees excluded from collective bargaining.
f. Section 102-2, Hawaii Revised Statutes, contracts for concessions in government buildings; bid requirements.
g. Section 103-2, Hawaii Revised Statutes, general fund.
h. Section 103-53, Hawaii Revised Statutes, contracts with the State or counties; tax clearances, assignments.
i. Section 103-55, Hawaii Revised Statutes, wages, hours, and working conditions of employees of contractors performing services.
j. Chapter 1030, Hawaii Revised Statutes, Hawaii public procurement code.
k. Chapter 104, Hawaii Revised Statutes, wages and hours of employees on public works.
l. Sections 105-1 to 105-10, Hawaii Revised Statutes, use of government vehicles, limitations.
3. Section 127A-12(b)(13), Hawaii Revised Statutes, and I hereby require each public utility, or any person owning, controlling, or operating a critical infrastructure, to protect and safeguard thereof; and provide for the protection and safeguarding thereof; and provide for the protection and safeguarding of all critical infrastructure and key resources, including the regulation or prohibition of public entry thereon, or the permission of the entry upon such terms and conditions as I may prescribe; and the Director of Emergency Management and the Administrator of Emergency Management of the Hawaii Emergency Management Agency are directed to identify critical infrastructure to be protected or safeguarded and establishing the terms and conditions for the regulation or prohibition of public entry thereon, or the permission of the
entry thereon.
4. Sections 127A-12(a)(5), 127A-13(a)(5), and 127A-13(a)(6), Hawaii
Revised Statutes, and the Director of Emergency Management or Administrator of Emergency Management
of the Hawaii Emergency Management Agency are directed to take appropriate actions to direct or
control, as may be necessary for emergency management:
a. Alerts, warnings, notifications, and activations;
b. Warnings and signals for alerts and any type or warning device, system, or method to be
used in connection therewith;
c. Partial or full mobilization of personnel in advance of or in response
to an actual emergency or disaster;
d. The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, emergencies, or disasters;
e. Shut off water mains, gas mains, electric power connections, or suspension of other
services; and
f. Mandatory evacuation of the civilian population.
5. Section 127A-12(b), Hawaii Revised Statutes, and in order to provide emergency disaster relief, I hereby direct all state agencies and officers to cooperate with and extend their services, materials, and facilities as may be required to assist in all efforts to eliminate the danger.
I FURTHER DECLARE that a disaster emergency relief period shall commence July 22, 2016, and continue through July 29, 2016, which period shall also apply to the provisions and applicability of section 127A-30, Hawaii Revised Statutes.
Done at the State Capitol, this 22nd day of July, 2016.
DAVID Y. IGE,
Governor of Hawaii
APPROVED:
DOUGLAS S. CHIN
Attorney General
State of Hawaii