HomeMy WebLinkAbout2026-09-23 Emergency Proclamation Relating to Tropical Storm Nolo •J�TV^OFp,�Y, Renee N.C. Schoen
C.Kimo Alameda, Ph. D
Mayor ��` '• Corporation Counsel
-,� e.r J S. Yoshimoto
• Assistant Corporation
••,'••'r�TF OF N►' • Counsel
COUNTY OF HAWAI`I
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo, Hawai'i 96720 • (808)961-8251 • Fax(808)961-8622
TRANSMITTAL LETTER
DATE: September 28, 2026
TO: County Clerks
25 Aupuni Street
Hilo, Hawai'i 96720
FROM: Kayleigh Idemoto, Private Secretary to
Renee Schoen, Corporation Counsel
RE: Emergency Proclamation Relating to Tropical Storm Nolo
COPIES/ITEMS DATE DESCRIPTION
1 - original September 23, 2026 Emergency Proclamation Relating to Tropical
Storm Nolo
TRANSMITTED FOR:
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n Signature Fi Review and Comments
❑ Signature and Forwarding As Noted Below n See Remarks Below
n Pursuant to Your Request n Filing and Return (Envelope
Enclosed)
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Enclosures
Received by:
Print name: j 46%1604.
Date: SEP 2 8 2026
Hawaii County is an Equal Opportunity Employer and Provider
C.Kimo Alameda,Ph.D. ,40, F Ney;' William V.Brilhante,Jr.
Mayor % `� ;:r Managing Director
I it
Merrick Nishimoto
f,, - Deputy Managing Director
County of 3-Cawai`i - Office of the .Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • Phone(808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Me 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
WHEREAS,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 Hawai`i, 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 HCC § 7-1-7(a),because
Tropical Storm Nolo poses an imminent danger or threat of an emergency or disaster to the
County of Hawai`i; 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-12(c)(17), 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 HRS § 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:
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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-12(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
HRS Chapter 127A, including assistance available through the State and the
Federal Emergency Management Agency.
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E. HRS § 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,
HRS 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. HRS § 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. HRS § 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
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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 CCH § 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-12(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-13(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 Hawai`i,
this 23rd d September 6
C. o Alameda, Ph.D.
Mayor
County of Hawai`i
APPROVED AS TO FORM
AND EGALITY:
1A-C/“L-g,_
Renee N.C. Schoen
Corporation Counsel
County of Hawai`i
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