Hawai‘i Emergency Management Agency

OFFICE OF THE GOVERNOR
STATE OF HAWAI‘I

PROCLAMATION

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

WHEREAS, Hawai‘i has suffered a disaster caused by heavy rains and flooding from March 27 to March 28, 2020, that has resulted in extensive damage to public property impacting the County of Kaua‘i, State of Hawai‘i, thereby endangering the health, safety, and welfare of the people;

WHEREAS, this disaster has caused damages, losses, and suffering of such character and magnitude to warrant rehabilitative assistance from the State.

NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i do hereby proclaim the County of Kaua‘i, State of Hawai‘i, to be a disaster area for the purpose of implementing emergency management functions as allowed by law; authorize 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 authorize and invoke the following measures under the Hawaii Revised Statutes:

1. Section 127A-16, Hawaii Revised Statutes (HRS), activating the Major Disaster Fund.

2. Sections 127A-12 and 127A-13, HRS, in order for county and state agencies to provide emergency relief and engage in emergency management functions as defined in section 127A-2, Hawaii Revised Statutes, as a result of this event.

3. Section 127A-13(a)(3), HRS, suspending as allowed by federal law, the following statutes to the extent necessary to repair or restore public property damaged by reason of this event and accomplish the emergency management functions contemplated under this Proclamation:

a. Sections 6E-8 and 6E-42, HRS.

b. Section 37-41, HRS, appropriations to revert to state treasury.

c. Section 37-74(d), HRS, program execution, except for sub- sections 37-74(d)(2) and 37-74(d)(3), HRS, 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, HRS, lapsing of appropriations.

e. Chapter 46, HRS, county organization and administration with respect to any county ordinance, rule, regulation, law, or provision in any form relating to county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinders, delays, or impedes the purpose of this Proclamation.

f. Section 103-2, HRS, general fund

g. Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments.

h. Chapter 103D, HRS, Hawaii public procurement code.

i. Chapter 174C, HRS, state water code.

j. Chapter 180C, HRS, soil erosion and sediment control.

k. Chapter 183C, HRS, conservation district.

l. Chapter 195, HRS, natural areas reserves system.

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

n. Chapter 205A, HRS, coastal zone management.

o. Chapter 342B, HRS, air pollution control.

p. Chapter 342D, HRS, water pollution.

q. Chapter 342E, HRS, non-point source pollution management and control.

r. Chapter 342F, HRS, noise pollution.

s. Chapter 343, HRS, environmental impact statements.

3. Section 127A-12(b)(16), HRS, and in order to provide emergency disaster relief, directing 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 immediately, and continue through June 20, 2020, which period shall also apply to the provisions and applicability of section 127A-30, HRS.

Done at the State Capitol, this 21st day of April, 2020.

Governor of Hawaiʻi

APPROVED:

Clare E. Connors Attorney General State of Hawaiʻi