Hawai‘i Emergency Management Agency

OFFICE OF THE GOVERNOR STATE OF HAWAIʻI

SUPPLEMENTARY PROCLAMATION

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, pursuant to Chapter 127A, Hawaii Revised Statutes, emergency powers are conferred on the Governor of the State of Hawaiʻi to deal with disasters or emergencies, to maintain the strength, resources, and economic life of the community, and to protect the public health, safety, and welfare; and

WHEREAS, it has become necessary to supplement my Proclamation of August 21, 2018, relating to high winds, heavy rains, and flooding as a result of Hurricane Lane; and

WHEREAS, the President of the United States declared that an emergency exists in the State of Hawaiʻi on August 22, 2018, and ordered federal assistance to supplement county and state response efforts due to the emergency conditions resulting from Hurricane Lane beginning on August 22, 2018; and

WHEREAS, county, state and federal agencies have acted to ensure the protection of the public health and safety in anticipation of Hurricane Lane, during the impact of the storm, and during the aftermath of the storm; and

WHEREAS, actions by county, state, and federal agencies have been taken to ensure the protection of the public health and safety; and

WHEREAS, high winds from Hurricane Lane significantly spread and expanded a number of wildfires in the County of Maui and the City and County of Honolulu, State of Hawaiʻi, forcing the evacuation of the public and damaging public and private property; and

WHEREAS, the rapid weakening of Hurricane Lane on Friday, August 24, 2018, was such that storm moisture was spread over a greater area and resulted in prolonged periods of slow moving heavy rain that continues to impact the State of Hawaiʻi; and

WHEREAS, these heavy rains have exceeded fifty inches in Hawaiʻi County with significant heavy rainfall in other counties of the State of Hawaiʻi, resulting in extensive flooding, landslides, and other damage to public and private property; and

WHEREAS, damage assessments by county, state, and federal agencies are underway to identify the full extent of damage to public and private property; and

WHEREAS, the disaster occurrence of high winds, heavy rains, and flooding as a result of Hurricane Lane and the resulting rains following the rapid weakening of the storm has caused, and continues to cause, extensive damage in the counties of Hawaiʻi, Maui, Kalawao, and Kauaʻi, and the City and County of Honolulu, State of Hawaiʻi, thereby endangering the health, safety, and welfare of the people in order to provide additional assistance; 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, Hawaii Revised Statutes, continues in the counties of Hawaiʻi, Maui, Kalawao, and Kauaʻi, and the City and County of Honolulu, State of Hawaiʻi, and do hereby declare that all the provisions of my Proclamation of August 21, 2018, shall remain in full force and effect and are hereby included in the provisions of this Supplementary Proclamation, unless modified herein, and hereby invoke the following measures under the Hawaii Revised Statutes:

1. Sections 127A-13 and 127A-12, Hawaii Revised Statutes, and in order for county and state agencies to continue 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, I hereby suspend as allowed by federal law, the following statutes:

a. Chapter 6E, Hawaii Revised Statutes, historic preservation.

b. Chapter 46, Hawaii 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.

c. Section 103-50, Hawaii Revised Statutes, building design to consider needs of persons with disabilities.

d. Section 127A-30, Hawaii Revised Statutes, Rental or sale of essential commodities during a state of emergency; prohibition against price increases.

e. Chapter 171, Hawaii Revised Statutes, public lands, management and disposition of.

f. Chapter 174C, Hawaii Revised Statutes, state water code.

g. Chapter 180, Hawaii Revised Statutes, soil and water conservation districts.
h. Chapter 180C, Hawaii Revised Statutes, soil erosion and sediment control.
i. Chapter 183, Hawaii Revised Statutes, forest reserves, water development, zoning.
j. Chapter 183C, Hawaii Revised Statutes, conservation district.

k. Chapter 183D, Hawaii Revised Statutes, wildlife.

l. Chapter 184, Hawaii Revised Statutes, state parks and recreation areas.
m. Chapter 195, Hawaii Revised Statutes, natural areas reserves system.

n. Chapter 195D, Hawaii Revised Statutes, conservation of aquatic life, wildlife, and land plants.
o. Chapter 198D, Hawaii Revised Statutes, Hawaii statewide trail and access system.
p. Chapter 205, Hawaii Revised Statutes, land use commission.

q. Chapter 205A, Hawaii Revised Statutes, coastal zone management.
r. Chapter 264, Hawaii Revised Statutes, highways.

s. Chapter 269, Hawaii Revised Statutes, public utilities commission.
t. Chapter 286, Hawaii Revised Statutes, highway safety.

u. Chapter 342B, Hawaii Revised Statutes, air pollution.

v. Chapter 342D, Hawaii Revised Statutes, water pollution.

w. Chapter 342E, Hawaii Revised Statutes, non-point source pollution management and control.
x. Chapter 342F, Hawaii Revised Statutes, noise pollution.

y. Chapter 342H, Hawaii Revised Statutes, solid waste pollution.

z. Chapter 343, Hawaii Revised Statutes, environmental impact statements.
aa. Section 464-4, Hawaii Revised Statutes, public works required to be supervised by certain professionals.

I FURTHER DECLARE that the disaster emergency relief period shall continue through October 27, 2018, except that any contracts, agreements, procurements, programs, projects or employment of personnel employment entered into under this emergency or by reason of the provisions of my Proclamation of August 21, 2018 or this

Supplementary Proclamation relating to this emergency shall continue until completed or they are no longer needed for purposes of this emergency or any of my Proclamations relating to this emergency.

Done at the State Capitol, this 28th day of August, 2018.
DAVID Y. IGE,
Governor of Hawaiʻi

APPROVED:
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RUSSELL A. SUZUKI
Attorney General State of Hawaiʻi