Emergency Proclamation for September 2016 storm damaging counties of Maui and Kalawao

Posted on Sep 19, 2016 in Emergency Proclamations, Information and News Releases, Main

Effective: September 13, 2016 through November 14, 2016

Emergency Proclamation Storm Maui Kalawao.pdf



By the authority vested in me as Governor by the Constitution and laws of the State of Hawaiʻi, 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 Hawaiʻi, hereby determine, designate and proclaim as follows:

WHEREAS, Hawaiʻi has suffered a disaster occurrence of heavy rains and flooding that has caused extensive damage to private and public property throughout the entire State and impacting the counties of Maui and Kalawao, State of Hawaiʻi, thereby endangering the health, safety, and welfare of the people; and

WHEREAS, this occurrence of a severe, sudden, and extraordinary event of heavy rains and flooding has caused 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 economy of the State, and is expected to be of such a nature as to warrant rehabilitative assistance from the State; and

WHEREAS, the Legislature of the State of Hawaiʻi 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, Hawaiʻi 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, Hawaiʻi Revised Statutes, and the expenditure of funds thereunder; and

WHEREAS, pursuant to section 127A-13(a)(3), Hawaiʻi 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), Hawaiʻi 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, Hawaiʻi 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), Hawaiʻi Revised Statutes, the Governor may suspend chapter 103D and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4, Hawaiʻi 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), Hawaiʻi 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), Hawaiʻi 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, or disasters; and

WHEREAS, pursuant to section 127A-13(a)(5), Hawaiʻi 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), Hawaiʻi Revised Statutes, the Governor may direct and control the mandatory evacuation of the civilian population; and

WHEREAS, pursuant to section 127A-12(b)(16), Hawaiʻi 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), Hawaiʻi 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, Hawaiʻi 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), Hawaiʻi Revised Statutes, the Governor may take any and all steps necessary or appropriate to carry out the purposes of chapter 127A, Hawaiʻi 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 Hawaiʻi, hereby determine that an emergency or disaster contemplated by section 127A-14, Hawaiʻi Revised Statutes has occurred in the above areas in the State of Hawaiʻi, and do hereby proclaim the counties of Maui and Kalawao, State of Hawaiʻi, 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 Hawaiʻi Revised Statutes:

1. Section 127A-16, Hawaiʻi Revised Statutes, by the activation of the Major Disaster Fund.

2. Sections 127A-13 and 127A-12, Hawaiʻi 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. Chapter 6E, Hawaiʻi Revised Statutes, historic preservation.

b. Section 37-41, Hawaiʻi Revised Statutes, appropriations to revert to state treasury.

c. Section 37-74(d), Hawaiʻi Revised Statutes, program execution, except for sub-sections 37-74(d)(2) and 37-74(d)(3), Hawaiʻi 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.

d. Section 40-66, Hawaiʻi Revised Statutes, lapsing of appropriations.

e. Chapter 46, Hawaiʻi Revised Statutes, county organization and Administration as any county ordinance, rule, regulation, law, or provision in any form applies to any county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinder, delay, or impede the purpose of this Proclamation.

f. Chapter 89, Hawaiʻi Revised Statutes, collective bargaining in public employment.

g. Chapter 89C, Hawaiʻi Revised Statutes, public officers and employees excluded from collective bargaining.

h. Section 102-2, Hawaiʻi Revised Statutes, contracts for concessions in government buildings; bid requirements.

i. Section 103-2, Hawaiʻi Revised Statutes, general fund.

j. Section 103-50, building design to consider needs of persons with disabilities.

k. Section 103-53, Hawaiʻi Revised Statutes, contracts with the State or counties; tax clearances, assignments.

l. Section 103-55, Hawaiʻi Revised Statutes, wages, hours, and working conditions of employees of contractors performing services.

m. Chapter 103D, Hawaiʻi Revised Statutes, Hawaiʻi public procurement code.

n. Chapter 104, Hawaiʻi Revised Statutes, wages and hours of employees on public works.

o. Sections 105-1 to 105-10, Hawaiʻi Revised Statutes, use of government vehicles, limitations.

p. Section 127A-30, Hawaiʻi Revised Statutes, rental or sale of essential commodities during a state of emergency; prohibition against price increases.

q. Chapter 171, Hawaiʻi Revised Statutes, public lands, management and disposition of.

r. Chapter 174C, Hawaiʻi Revised Statutes, state water code.

s. Chapter 180, Hawaiʻi Revised Statutes, soil and water conservation districts.

t. Chapter 180C, Hawaiʻi Revised Statutes, soil erosion and sediment control.

u. Chapter 183, Hawaiʻi Revised Statutes, forest reserves, water development, zoning.

v. Chapter 183C, Hawaiʻi Revised Statutes, conservation district.

w. Chapter 183D, Hawaiʻi Revised Statutes, wildlife.

x. Chapter 184, Hawaiʻi Revised Statutes, state parks and recreation areas.

y. Chapter 195, Hawaiʻi Revised Statutes, natural areas reserves system.

z. Chapter 195D, conservation of aquatic life, wildlife, and land plants.

aa. Chapter 198D, Hawaiʻi Revised Statutes, Hawaiʻi statewide trail and access system.

ab. Chapter 205, Hawaiʻi Revised Statutes, land use commission.

ac. Chapter 205A, Hawaiʻi Revised Statutes, coastal zone management.

ad. Chapter 264, Hawaiʻi Revised Statutes, highways.

ae. Chapter 269, Hawaiʻi Revised Statutes, public utilities commission.

af. Chapter 286, Hawaiʻi Revised Statutes, highway safety.

ag. Chapter 341, Hawaiʻi Revised Statutes, environmental quality control.

ah. Chapter 342B, Hawaiʻi Revised Statutes, air pollution.

ai. Chapter 342D, Hawaiʻi Revised Statutes, water pollution.

aj. Chapter 342E, Hawaiʻi Revised Statutes, non-point source pollution management and control.

ak. Chapter 342F, Hawaiʻi Revised Statutes, noise pollution.

al. Chapter 343, Hawaiʻi Revised Statutes, environmental impact statements.

am. Chapter 343D, Hawaiʻi Revised Statutes, environmental disclosure.

an. Chapter 344, Hawaiʻi Revised Statutes, state environmental policy.

ao. Section 464-4, Hawaiʻi Revised Statutes, public works required to be supervised by certain professionals.

ap. Sections 601-1.5, 708-817, 708-818, 708-820, 708-830.5, and 708- 840, Hawaiʻi Revised Statutes, to the extent that these sections
contain provisions for the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing requirements in
civil, criminal, or administrative matters before the courts of the state or to the extent that these sections contain provisions for criminal penalties that are automatically heightened by reason of any declared disaster or emergency.

3. Section 127A-12(b), Hawaiʻi 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 September 13, 2016, and shall continue until terminated automatically pursuant to section 127A-14, Hawaiʻi Revised Statutes, or by a separate proclamation, whichever occurs first. Notwithstanding the termination of a disaster emergency relief period, any contracts, agreements, procurements, programs, or employment of personnel entered
into by reason of the provisions of this proclamation relating to his emergency shallcontinue.

Done at the State Capitol, this
16th day of September, 2016.

Governor of Hawaiʻi


Attorney General
State of Hawaiʻi