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HomeMy WebLinkAbout2026-09-23 EMERGENCY PROCLAMATION RELATING TO TROPICAL STORM NOLO William V.Brilhante,Jr. C. Kimo Alameda,Ph.D. '" � Managing Director Mayor , e 4 Merrick Nishimoto � Deputy Managing Director County of Hawaii — Office of the Nayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • Phone(808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 Phone(808)323-4444 • Fax(808)323-4440 EMERGENCY PROCLAMATION RELATING TO TROPICAL STORM NOLO By the authority vested in me as the Mayor of the County of Hawaii by the Constitution and laws of the State of Hawaii, and by the Charter and ordinances of the County of Hawaii, to prepare for,respond to, and recover from emergencies and disasters, I, C. KIMO ALAMEDA, Mayor of the County of Hawaii, hereby proclaim as follows: WHEREAS, Hawaii Revised Statutes (HRS) Chapter 127A,provides for the establishment of County of Hawaii (County) organizations for emergency management with the Mayor having direct responsibility and authority over emergency management within the County; and WHEREAS, HRS Chapter 127A, and Hawaii County Code (HCC) Chapter 7, establish a Civil Defense Agency within the County and prescribe its powers, duties, and responsibilities; and WHEREAS, HRS § 127A-14(b) empowers the Mayor to declare the existence of a local state of emergency in the County by proclamation if the Mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the County, as those terms are defined in HRS § 127A-2; and WHEREAS,the Charter of the County of Hawaii (CCH) § 13-23 and HCC § 7-1-7(a) also empower the Mayor to declare a state of disaster or emergency by proclamation; and WHEREAS, at 11:00 a.m. Hawaii Standard Time (HST) on Wednesday, September 23, 2026,the National Weather Service (NWS)National Hurricane Center issued Tropical Storm Nolo Advisory Number 13, advising that Tropical Storm Nolo (Nolo) had formed and was centered approximately three hundred ten(310) miles south of South Point on Hawaii Island, with maximum sustained winds near forty (40)miles per hour, and forecasting that Nolo will become a hurricane on Thursday, September 24, 2026, could become a major hurricane by the weekend, and is expected to approach Hawaii Island on Friday and Saturday, September 25 and 26, 2026; and WHEREAS, a Hurricane Watch issued by the NWS is in effect for the County, meaning that hurricane conditions are possible somewhere within the County; and a Flood Watch is also in effect for the County; and County of Hawaii is an Equal Opportunity Provider and Employer. WHEREAS,the NWS advises that hurricane conditions are possible in the County as early as late Friday, September 25, 2026, with potential winds of seventy-four(74)to one hundred ten(110) miles per hour in the Kona, Ka`u, and interior areas of the County and potential tropical-storm-force winds elsewhere, and tropical-storm-force winds continuing until early Sunday morning, September 27, 2026; rainfall totals of fifteen (15)to twenty (20) inches across the County, with maximum amounts of thirty-five (35) inches; storm surge flooding of one(1)to three (3) feet above ground if the peak surge occurs at the time of high tide, accompanied by large and dangerous waves along the coast; swells reaching east- and south- facing shores on Friday, spreading westward, and building through the weekend; and potential for a few tornadoes; and WHEREAS, these conditions pose an imminent threat of injury or loss of life and of substantial damage to public and private property throughout the County, and the NWS advises that the winds may cause considerable damage, downed trees and power lines, and power and communications disruptions, leaving locations uninhabitable for weeks; that the rainfall may cause catastrophic, life-threatening flooding and mudslides,prompting numerous evacuations and rescues,with road and bridge closures and impassable access routes isolating communities; that the surge and swells may flood coastal areas and cause life-threatening surf and rip currents; and that tornadoes may damage structures and vehicles; and WHERE,AS, the forecasted scope and severity of Nolo's impact across the County, which continues to recover from Hurricane Lala, is such that preparation,response, and recovery may exceed the capabilities of the County acting alone, and may require assistance from other counties,the State,the federal government, or private entities; and WHEREAS, the invocation and exercise of emergency powers as stated herein are reasonably necessary for the County to expeditiously and effectively prepare for, respond to, and recover from Nolo's forecasted impacts, and to otherwise protect the lives,property, environment,public health,welfare, and safety of the County, its residents, visitors, and businesses; NOW, THEREFORE, I, C. KIMO ALAMEDA, Mayor of the County of Hawaii,hereby declare, effective upon its posting in accordance with HRS § 127A-15,that a local state of emergency exists under HRS § 127A-14(b), CCH § 13-23, and MCC § 7-1-7(a), because Tropical Storm Nolo poses an imminent danger or threat of an emergency or disaster to the County of Hawaii; and I FURTHER DECLARE that based on the conditions described above, the following measures are reasonably necessary to address the emergency or disaster: I. Invocation of Laws. Pursuant to HRS § 127A-1 2(c)(1 7), the Mayor may take any and all steps necessary or appropriate to carry out the purposes of HRS Chapter 127A, including the additional powers in IIRS § 127A-13(b) which may only be exercised during an emergency period. I hereby authorize and invoke the following powers related to emergency management, if not already in effect: 2 A. HRS §§ 127A-12(a)(5), 127A-13(b)(3), 127A-13(b)(4), and HCC §§ 7-1- 7(d)(2) and 7-1-7(d)(4). I authorize and direct the Administrator of the County's Civil Defense Agency, or his designee,to take appropriate actions to direct or control the following, as may be necessary for emergency management: 1. Alerts, warnings, notifications, activations; 2. Warnings and signals for alerts, and any type of 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, or electric power connections, or suspend other services; and 6. The mandatory evacuation of the civilian population. B. HRS § 127A-12(c)(3). I authorize the Administrator of the County's Civil Defense Agency to take possession of, use,manage, control, and reallocate any public property of the County,real or personal, including parks, playgrounds, and other public buildings, as required for the purposes of HRS Chapter 127A, including for use as emergency shelters for persons evacuated or displaced by Nolo and as staging sites for emergency response personnel, equipment, and supplies. C. HRS § 127A-I 2(c)(4). I authorize the utilization of the services,materials, and facilities of nongovernmental agencies,relief organizations, community associations, and other private-sector and nonprofit organizations that may be made available to assist in emergency response and recovery. However, nothing in this invocation of HRS § 127A-12(c)(4) shall be construed as acceptance, by the Mayor or any other authorized County personnel, of the services of any individual person as a volunteer for the County under HRS § 127A-8. For purposes of HRS § 127A-8(c),the services of an individual person may be accepted as a volunteer for the County only by the Mayor or the Administrator of the County's Civil Defense Agency, or his designee, and only upon express approval given in advance, on a case-by-case basis, and documented in writing. D. HRS § 127A-12(c)(5). I authorize the receipt, expenditure, and use of contributions or grants, in money,property, or services, or loans of property, and the procurement of federal aid, as may be available for the purposes of I-IRS Chapter 127A, including assistance available through the State and the Federal Emergency Management Agency. 3 E. FIRS § 127A-12(c)(6). I authorize the purchase, rental, lease, transport, storage, installation, maintenance, repair, and distribution of materials and facilities for emergency management, and the procurement of federal aid therefor whenever feasible. I further find that, to the extent that emergency procurement under HRS § 103D-307 or another available procurement method is not feasible in the time and under the conditions presented by Nolo, FIRS Chapter 103D and HRS §§ 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 impede or tend to impede the expeditious discharge of the County's emergency management functions, and that compliance therewith is impracticable due to existing conditions; and those provisions shall accordingly not apply to those emergency management functions to that extent. This paragraph does not relieve the County of any procurement standard applicable to work for which the County may seek federal financial assistance, including the federal procurement standards in 2 C.F.R. §§ 200.318 to 200.327. F. HRS § 127A-12(c)(11). Each public utility, or any person owning, controlling, or operating a critical infrastructure facility as I may identify, is hereby required to protect and safeguard the public utility's or the person's property, or to provide for such protection and safeguarding; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that the protection and 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. G. HRS § 127A-12(c)(12). I authorize the Administrator of the County's Civil Defense Agency, or his designee, to restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions, including beaches, shorelines, coastal areas, streams and drainageways, low-lying and flood- prone areas, and areas in or surrounding storm-damaged structures,that are determined to pose a risk of injury or loss of life due to Nolo. H. FIRS § 127A-12(c)(13). I authorize the Administrator of the County's Civil Defense Agency to direct and control the non-compulsory evacuation of the civilian population from coastal, low-lying, flood-prone, or other threatened areas in advance of and during Nolo, which may precede any mandatory evacuation issued under HRS § 127A-13(b)(4). I. HRS § 127A-12(c)(14), CCH §§ 13-21 and 13-22, and HCC § 7-1-6(a). I direct all County agencies and officers to cooperate with and extend their services, materials, and facilities as may be necessary to address the emergency or disaster. J. IIRS § 127A-12(c)(15). I authorize the County to provide for the repair and maintenance of public property whenever adequate provision therefor is not otherwise made and to make temporary restoration of public utilities and other 4 critical infrastructure facilities affected by Nolo, including the emergency clearance of debris from public roads and other public property and the emergency repair of any County facility determined to require repair as a result of Nolo. K. I direct the Director of Finance to administer the disaster and emergency fund in accordance with CCI"I § 10-17, and to establish fund accounts in the County treasury as necessary for the deposit and expenditure of monetary contributions received pursuant to HRS § 127A-I 2(c)(5). Such contributions or grants are deemed to be appropriated for the purposes of HRS Chapter 127A, or for the special purposes contemplated therein. II. Authority to Suspend County Laws. A. HRS § 127A-I3(b)(1). I hereby invoke and retain the authority to suspend County laws, in whole or in part, or alleviate provisions of County laws on terms and conditions as I may impose, in order to relieve hardships and inequities, or obstructions to the public health, safety, or welfare, as I find to exist in the laws of the County and to result from the operation of federal programs or measures taken under HRS chapter 127A. B. HRS § 127A-13(b)(2) and HCC § 7-1-7(d)(1). I hereby invoke and retain the authority to suspend any County law that impedes or tends to impede or is detrimental to the expeditious and efficient execution of, or conflicts with, emergency functions, including laws that by HRS chapter 127A specifically are made applicable to emergency personnel. I FURTHER DECLARE that this Emergency Proclamation Relating to Tropical Storm Nolo shall terminate automatically sixty (60) days after its issuance, unless extended or terminated by a separate or supplementary proclamation, in accordance with HRS §§ 127A-14(c) and(d). Done at the County of Hawaii, this 23`d d September W6 C. o Alameda, Ph.D. Mayor County of -lawai`i APPROVED AS TO FORM AND EGAL P�/lt-"� ITY: Renee N.C. Schoen Corporation Counsel County of Hawaii 5