Declaration

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Office of the Governor State of Hawaii Proclamation

OFFICE OF THE GOVERNOR
STATE OF HAWAI'I
PROCLAMATION

By the authority vested in me as Governor 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, DAVID Y. ICE, Governor of the State of Hawai'i, hereby determine, designate and proclaim as follows:

WHEREAS, the Pu'u 'O Y O vent in the East Rift Zone of Kilauea volcano located in the county of Hawai'i, State of Hawai'i, began erupting on January 3, 1983, and has continued erupting for more than thirty-five (35) years with most lava flows advancing to the South; and

WHEREAS, a lava flow has emerged in the Leilani Estates residential subdivision located within the East Rift Zone, resulting in lava flowing over streets and prompting a mandatory evacuation of the subdivision; and

WHEREAS, all information indicates that the current lava flow will continue to advance, and

WHEREAS, previous lava flows in the East Rift Zone of Kilauea volcano have caused losses and suffering, including persons being displaced and properties destroyed in the past; and
WHEREAS, the current flow also exhibits characteristics like the 1960 Kapoho eruption, which caused significant damage to public and private property in the lower Puna region of the County of Hawai'i; and

WHEREAS, this occurrence of a severe and extraordinary event of volcanic  eruptions have generated lava flows which are anticipated 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 economy of the State; and

WHEREAS, on May 3, 2018, the Acting Mayor of Hawai'i County proclaimed and declared that a local state of emergency exists in the County of Hawai'i, State of Hawai'i, due to the advancing lava flow in the district of Puna, County of Hawai'i; and

WHEREAS, the danger of disaster is of such magnitude to warrant preemptive and protective action 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-1 3(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 103D 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 (3) , 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, or disasters; 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 itemize, 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 127A13(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 Hawai'i in the above areas in the State of Hawai'i, and do hereby proclaim these areas to be disaster areas for 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 to provide emergency relief because of this event, I hereby suspend as allowed by federal law, the following statutes:

  1. Section 37-41, Hawaii Revised Statutes, appropriations to revert to state treasury.
  2. 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)(I) for legislative reporting requirements.
  3. Section 40-66, Hawaii Revised Statutes, lapsing of appropriations.
  4. Chapter 89, Hawaii Revised Statutes, collective bargaining in public employment.
  5. Chapter 89C, Hawaii Revised Statutes, public officers and employees excluded from collective bargaining.Section 102-2, Hawaii Revised Statutes, contracts for concessions in government buildings; bid requirements.
  6. Section 102-2, Hawaii Revised Satutes, Contracrs for concessions in goverement buildings;bid requirement.
  7. Section 103-2, Hawaii Revised Statutes, general fund.
  8. Section 103-53, Hawaii Revised Statutes, contracts with the State or counties; tax clearances, assignments.
  9. Section 103-55, Hawaii Revised Statutes, wages, hours, and working conditions of employees of contractors performing services.
  10. Chapter 103D, Hawaii Revised Statutes, Hawaii public procurement code.
  11. Chapter 104, Hawaii Revised Statutes, wages and hours of employees on public works.
  12. 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 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 I may prescribe; and the Director of Emergency Management and the
Administrator of Emergency Management of the Hawai'i 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   and 127A-1  Hawaii Revised Statutes, and the Director of Emergency Management or Administrator of Emergency Management of the Hawai'i Emergency Management Agency 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 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.
     

5. Section 127A-12(b)(16), 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.

6. Section 127A-30, Hawaii Revised Statutes, relating to any prohibited increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of this disaster Proclamation shall continue for the period of this Proclamation for all:

  1.  Food, water, or ice; and
  2. Services of any type; and
  3. Any building or construction materials, merchandise, supplies, equipment, resources, or products that the seller or contractor knows or should know are intended for use on any road, structure, facility, improvement, or property damaged by the lava flow.

I FURTHER DECLARE that a disaster emergency relief period shall commence May 3, 2018, and continue until terminated automatically pursuant to section 127A-14, Hawaii Revised Statutes, or by a separate proclamation, whichever occurs first and which period shall also apply to the provisions and applicability of section 127 A-30, Hawaii Revised Statutes as provided herein. 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 this emergency shall continue.

Done at the State Capitol, this 3rd day
Of May, 2018
DAVID Y. IGE,
Governor of Hawai'i

RUSSELL A. SUZUKI
Attorney General
State of Hawai'i

Approved:
RUSSELL A. SUZUKI
State of Hawai’i

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