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HomeMy WebLinkAbout2026-10-13 Second Supplemental Emergency Proclamation Relating to Tropical Storm Lala C.Kimo Alameda,Ph.D. :'o°°*tY�F H!`!?.' William V.Brilhante,Jr. ^ \�lJ Managing Director Mayor - +:6��Y. �I t • - _' • i Merrick Nishimoto •e• Deputy Managing Director County of.-fawai`i - Office of the Mayor 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,Hawai`i 96740 Phone(808)323-4444 • Fax(808)323-4440 TRANSMITTAL LETTER DATE: October 13, 2026 cam ' TO: Jon Henricks, County Clerk --r Office of the County Clerk w —r,c-7 FROM: 0,Emarie Carvalho, Executive Secretary to ,�� William V. Brilhante Jr.., Managing Director r., RE: Second Supplemental Emergency Proclamation Relating to Tropical Storm Lala COPIES/ITEMS DATE DESCRIPTION 1 original 10/13/26 Second Supplemental Emergency Proclamation Relating to Tropical Storm Lala TRANSMITTED FOR: Fl Your information and files n Your approval ❑ Your signature and return n Your review and response n Your signature and forwarding n See remarks below as noted below n Filing and return (envelope enclosed) ❑ Per your request REMARKS: Enclosed is the original Emergency Proclamation for your filing as the Custodian of Records. Please contact me if you have any questions. Thank you. Enclosure Received by: sigriat.»-�J 1Z41 4rAMACKok (Print Name) OCT 1 3 2026 (Date) County of Hawaii is an Equal Opportunity Provider and Employer. tY OF C.Kimo Alameda,Ph.D. ' � v� it,' William V.Brilhante,Jr. Mayor • ��'�• Managing Director * ! Merrick Nishimoto Deputy Managing Director TF OF3;0:14 County of 3-(awai`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 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai`i 96740 Phone(808)323-4444 • Fax(808)323-4440 SECOND SUPPLEMENTAL EMERGENCY PROCLAMATION RELATING TO TROPICAL STORM LALA By the authority vested in me as the Mayor of the County of Hawai`i by the Constitution and laws of the State of Hawai`i, and by the Charter and ordinances of the County of Hawai`i,to prepare for, respond to, and recover from emergencies and disasters, I, C. KIMO ALAMEDA, Mayor of the County of Hawai`i,hereby proclaim as follows: WHEREAS,Hawai`i Revised Statutes (HRS) Chapter 127A,provides for the establishment of County of Hawai`i (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 Hawai`i 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 Hawai`i(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, Tropical Storm Lala(Lala),which prompted a National Weather Service Hurricane Warning for the County, strengthened into a hurricane on August 15, 2026, and impacted the County from approximately August 14 through August 16, 2026,producing fifteen (15)to thirty (30) inches of rain across Hamakua, Hilo,Puna, and Ka`u and more than three (3) feet in portions of southeastern Ka`u and the Laupahoehoe area, and causing flash flooding and landslides,particularly in and around Pahala and Na`alehu; and WHEREAS, Lala caused loss of life; destroyed or caused major damage to eighty-seven (87)homes and destroyed fifteen(15) businesses; severely damaged schools and the Na`alehu Cemetery; destroyed or damaged roads,bridges, and other critical infrastructure along and near Highway 11, cutting off communities from road access; and disrupted power and water service in many areas of the County; and County of Hawaii is an Equal Opportunity Provider and Employer. WHEREAS, on August 13, 2026,the Governor of the State'of Hawai`i issued the Proclamation Relating to Tropical Storm Lala declaring a state of emergency for the entire State under HRS § 127A-14(a); on August 20, 2026,the Governor issued the Second Proclamation Relating to Tropical Storm Lala, which superseded the August 13, 2026,proclamation and continued the State's disaster emergency relief period through October 19, 2026; and WHEREAS, on August 25, 2026, due to Lala,the President of the United States issued a Presidential Emergency Declaration(EM-3652-HI) and, on October 7, 2026, issued a Major Disaster Declaration(DR-4951-HI), designating the County for Federal Emergency Management Agency Public Assistance program funding and direct federal assistance; and WHEREAS, on August 14, 2026, I issued the Emergency Proclamation Relating to Tropical Storm Lala(Original EP) and the First Supplemental Emergency Proclamation Relating to Tropical Storm Lala(First Supplemental EP), which superseded the Original EP, and would otherwise terminate automatically on October 13, 2026,pursuant to HRS § 127A- 14(d); and WHEREAS,the scope and severity of Lala's impact is such that recovery continues to exceed the capabilities of the County acting alone, and requires assistance from other counties, the State,the federal government, or private entities; and WHEREAS,the continued invocation and exercise of emergency powers as stated herein are reasonably necessary for the County to expeditiously and effectively respond to and recover from Lala's impacts, and to otherwise protect the lives,property, environment,public health, welfare, and safety of the County, its residents,visitors, and businesses; and WHEREAS,the emergency or disaster caused by Lala continues to exist in the County, in that residents continue to recover and repair their homes and businesses; the County continues to repair its facilities and infrastructure,including its waterlines and roads, and to recover and reinter remains disturbed at the Na`alehu Cemetery; restrictions on access to stricken areas remain in effect; and parts of the County remain susceptible to heightened impacts from further inclement weather; NOW, THEREFORE, I, C. KIMO ALAMEDA, Mayor of the County of Hawai`i,hereby declare that a local state of emergency continues to exist under HRS § 127A-14(b), CCH § 13- 23, and HCC § 7-1-7(a),because Lala has caused an emergency or disaster, and Lala's impacts continue to pose 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: 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 Lala and as staging sites for emergency response and recovery 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 FIRS § 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 3 HRS Chapter 127A, including assistance available through the State and the Federal Emergency Management Agency. 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 Lala, 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 Lala. 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 areas threatened by conditions caused by Lala,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. 4 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 critical infrastructure facilities affected by Lala, 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 Lala. 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 suspend County'laws, in whole or in part, in order to relieve hardship and inequities upon County taxpayers,to the extent they establish or impose deadlines for the payment of real property tax bills; and deadlines for the filing of applications, claims, or other submissions relating to real property tax programs. 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 Second Supplemental Emergency Proclamation Relating to Tropical Storm Lala supersedes the First Supplemental EP, and 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). Any contracts, agreements,procurements, or programs entered into or started under the Original EP or the First Supplemental EP before this emergency proclamation takes effect shall continue in full force and effect to the extent allowed by law. // // // 5 Done at the County of Hawai`i, this 13th da of October 2026 Kameda, Ph.D. Mayor APPROVED AS TO FORM County of Hawaii AND LEGALITY: Renee N.C. Sch en Corporation Counsel County of Hawaii • V. SAr � r F 6