OFFICE OF THE GOVERNOR
STATE OF HAWAII

PROCLAMATION RELATING TO KONA LOW WEATHER EVENT

     By the authority vested in me by the Constitution and laws of the State of Hawaii, to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare of the people, I, JOSH GREEN, M.D., Governor of the State of Hawaii, hereby determine, designate and proclaim as follows:

     WHEREAS, the National Weather Service has forecast that starting on the afternoon of May 15, 2024, a "Kana Low" weather event will bring heavy and sustained rainfall to the State, particularly in the City and County of Honolulu and in the County of Kauai later in the week;

     WHEREAS, other counties may also be impacted by the Kana Low event;

     WHEREAS, rainfall from the Kana Low event poses a significant risk of flooding, landslides, and associated impacts in the City and County of Honolulu, County of Kauai, and the other counties;

     WHEREAS, damage caused by heavy rains and flooding may require extensive damage assessments, as well as repair, restoration, and reconstruction, of roads, bridges, and other infrastructure and property required to protect the health, safety, and welfare of the people of the State;

     WHEREAS, State and county agencies must adequately prepare for and respond to the heavy rains and other impacts from the Kana Low event to protect public health and safety;

     NOW, THEREFORE, I, JOSH GREEN, M.D., Governor of the State of Hawaii, hereby determine that an emergency or disaster contemplated by section 127A-14, HRS, is occurring in the State of Hawaii, and authorize and invoke the following emergency provisions, if not already in effect upon this declaration of an emergency:

I.    Invocation of Laws

     Section 121-30, HRS, and I hereby authorize the Adjutant General to activate such units of the Hawaii National Guard as may be necessary to assist and aid civilian authorities in disaster relief and in averting any imminent public danger and threat and to ensure the compliance with the civil laws of the State of Hawaii.

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

     Sections 127A-3, 127A-12(a)(5), 127A-13(a)(5), and 127A-13(a)(6), HRS, and the Director of Hawaii Emergency Management and the Administrator of Emergency Management are directed to take appropriate actions to direct or control, as may be necessary for emergency management:

1. Alerts, warnings, notifications, and activations;


2. Warnings and signals for alerts and any type or warning device, system, or method to be used in connection therewith;


3. Partial or full mobilization of State personnel in advance of or in response to an actual emergency or disaster;


4. The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, emergencies, or disasters;


5. Shut off water mains, gas mains, electric power connections, or suspension of other services; and


6. Mandatory evacuation of the civilian population.

     Section 127A-12(b)(13), HRS, requiring each public utility, or any person owning, controlling, or operating a critical infrastructure, 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; provided that without prejudice to the generality of the foregoing two clauses, the protecting or safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon terms and conditions as I may prescribe.
 
     Section 127A-12(b)(16), HRS, directing all State agencies and officers to cooperate and extend their services, materials, and facilities as may be required to assist in emergency response efforts.

     Section 127A-16, HRS, by activating the Major Disaster Fund.

II.    Suspension of Laws

     I suspend the following specific provisions of law under section 127A-13(a)(3) to the extent that the law impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions:

     Chapter 6E, HRS, historic preservation, to the extent necessary for county and State agencies to respond to the emergency.

     Section 37-41, HRS, appropriations to revert to state treasury; exceptions, to the extent that appropriations lapse at the end of the fiscal year before completion of the emergency actions.

     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 considered to be authorized transfers or changes for purposes of section 34-74(d)(1) for legislative reporting requirements, to the extent that legislative authorization would likely delay appropriation transfers or changes between programs to provide necessary funding to complete the emergency actions.

     Section 40-66, HRS, lapsing of appropriations, to the extent that the timing of the procurement of the construction of the emergency permanent repairs may occur the fiscal year following the original emergency proclamation.

     Chapter 46, HRS, county organization and administration, provisions applicable to all counties, general provisions, to the extent necessary to respond to the emergency.

     Chapter 76, HRS, civil service law, to the extent necessary to respond to the emergency.

     Chapter 89, HRS, collective bargaining in public employment, to the extent that compliance with this chapter is detrimental to the expeditious and efficient execution of employment actions relating to the emergency.
 
     Chapter 89C, HRS, public officers and employees excluded from collective bargaining, to the extent that compliance with this chapter requires additional time detrimental to the expeditious and efficient execution of emergency actions.

     Section 103-2, HRS, general fund, to the extent that compliance results in any additional delays.

     Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments, only to the extent necessary to waive the Internal Revenue Service tax clearance requirement.

     Section 103-55, HRS, wages, hours, and working conditions of employees of contractors performing services, to the extent that compliance results in any additional delays.

     Chapter 103D, HRS, Hawaii public procurement code, to the extent that compliance results in any additional delays involved in meeting procurement requirements for selecting contractors in a timely manner to respond to emergency situations.

     Chapter 103F, HRS, purchases of health and human services, to the extent that compliance results in any additional delays involved in meeting procurement requirements for selecting contractors in a timely manner to respond to emergency situations.

     Chapter 104, HRS, wages and hours of employees on public works, and implementing administrative rules, to the extent that compliance with this chapter requires additional time detrimental to the expeditious and efficient execution of emergency actions.

     Sections 105-1 to 105-10, HRS, use of government vehicles, limitations, to the extent that compliance with this chapter requires additional time detrimental to the expeditious and efficient execution of emergency actions.

     Chapter 342D, HRS, water pollution, to the extent necessary for county and State agencies to respond to the emergency.

     Chapter 342E, HRS, nonpoint source pollution management, to the extent necessary for county and State agencies to respond to the emergency.
 
III.    Severability

     If any provision of this Proclamation is rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted, and the remainder of this Proclamation and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law.

IV.    Enforcement

     No provision of this Proclamation, or any rule or regulation hereunder, shall be construed as authorizing any private right of action to enforce any requirement of this Proclamation, or of any rule or regulation. Unless the Governor, Director of Emergency Management, or their designee issues an express order to a non-judicial public officer, no provision of this Proclamation, or any rule or regulation hereunder, shall be construed as imposing any ministerial duty upon any non-judicial public officer and shall not bind the officer to any specific course of action or planning in response to the emergency or interfere with the officer's authority to utilize his or her discretion.
 
     I FURTHER DECLARE that the disaster emergency relief period shall commence immediately and continue through May 22, 2024, unless terminated or superseded by separate proclamation, whichever shall occur first. Notwithstanding the termination of a disaster emergency relief period, any contracts, agreements, procurements, programs, or employment of personnel entered into, started, amended, or continued by reason of the provisions of the proclamation relating to this emergency shall continue in full force and effect.

Done this 15th day of May, 2024

JOSH GREEN, M.D.,
Governor of Hawaii

APPROVED:

ANNE E. LOPEZ,
Attorney General, State of Hawaii