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HomeMy WebLinkAbout2026-08-22 EMERGENCY PROCLAMATION RELATING TO TROPICAL STORM MOKE C.Kimo Alameda,Ph.D. William V.Brilhante,Jr. Mayor y4 Managing Director Merrick Nishimoto . � Deputy Managing Director County of H-fawai`i - Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo,Hawaii 96720 • Phone(808)961-8211 e 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 MOKE 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 5:00 a.m. Hawaii Standard Time (HST) on Saturday, August 22, 2026, the National Weather Service (NWS) Central Pacific Hurricane Center issued Tropical Storm Moke Forecast Discussion Number 9, reporting that Tropical Storm Moke (Moke) was centered near latitude 14.8°North, longitude 150.2° West, moving west-northwest at approximately ten (10)knots, with maximum sustained winds near fifty (50) miles per hour, and forecasting that Moke will strengthen further to maximum sustained winds near sixty (60) miles per hour before gradually weakening beginning Sunday, August 23, 2026; and WHEREAS, the NWS forecasts that the center of Moke will pass approximately two hundred (200) miles south of the Island of Hawaii late Saturday night, August 22, 2026, and early Sunday, August 23, 2026, and advises that Moke will pass close enough to the County to produce heavy rainfall, damaging winds, and life-threatening surf and rip current conditions, as described below; and County of Hawaii is an Equal Opportunity Provider and Employer. WHEREAS, a Flood Watch is in effect for the entire Island of Hawaii, issued by the NWS at 3:06 a.m. HST on August 22, 2026, and in effect until 6:00 p.m. HST on Monday, August 24, 2026, meaning that flash flooding caused by excessive rainfall is possible; and a Wind Advisory is in effect for Kohala, Big Island Interior, Big Island South, Big Island Southeast, and Big Island North, issued by the NWS at 3:02 a.m. HST on August 22, 2026, and in effect from noon on August 22, 2026, until 6:00 p.m. HST on Sunday, August 23, 2026; and WHEREAS, the NWS advises that Moke will bring periods of heavy rain to the Island of Hawaii during the period stated in the Flood Watch, with rainfall totals of five (5)to ten(10) inches, and locally up to fifteen (15) inches, possible over the windward and southeast slopes of the Island of Hawaii; east-northeast winds of twenty-five (25) to thirty-five (35)miles per hour with gusts up to fifty-five (55) miles per hour during the period stated in the Wind Advisory, with the strongest sustained winds occurring over mountain ridges and gaps and where winds blow downslope from higher terrain; and swells generating life-threatening surf and rip current conditions along exposed east- and south-facing shores through early the following week; and WHEREAS, these conditions pose an imminent threat of injury or loss of life and of substantial damage to public and private property within the County, and the NWS advises that flood-prone roads and other low-lying areas may be closed due to elevated runoff and overflowing streams, that urban areas may receive more significant flooding and property damage due to rapid runoff;that winds of this strength may tear off shingles, knock down tree branches and power lines, blow away tents and awnings, cause power outages, and make vehicles difficult to steer, particularly high-profile vehicles; and that the surf and rip currents may be life-threatening to persons in or near the water; and WHEREAS, on August 20, 2026, the Governor of the State of Hawaii issued the Second Proclamation Relating to Tropical Storm Lala declaring a state of emergency for the entire State under HRS § 127A-14(a), establishing a disaster emergency relief period continuing through October 19, 2026, and finding that Tropical Storm/Hurricane Lala(Lala) caused loss of life and significant damage to power, transportation, communications, and other infrastructure and to private property across the State; that entire communities in the County were cut off from road access; that more than two hundred fifty thousand(250,000) customers lost power; and that wellness checks, relief efforts, damage assessments, and recovery efforts are continuing; and WHEREAS, on August 14, 2026, I issued the First Supplemental Emergency Proclamation Relating to Tropical Storm Lala, which remains in effect, and County personnel, equipment, facilities, and funds remain committed to ongoing Lala response and recovery operations, including debris clearance, road and infrastructure repair, damage assessment, and sheltering; and WHEREAS, the damage documented in the Governor's Second Proclamation Relating to Tropical Storm Lala remains substantially unrepaired within the County, with infrastructure and structures weakened, obstructed, or destabilized by Lala's impacts, and with ground conditions across the County remaining saturated from recent heavy rain; the NWS advises that it will not take a significant amount of rain to cause flash flooding because of those saturated ground 2 conditions, and that Moke's rainfall may produce life-threatening flooding and mudslides on the windward and southeast portions of the Island of Hawaii, especially in steep terrain and over areas that were affected recently by Lala; and I therefore find that the combination of Lala's existing damage and Moke's forecasted rainfall, winds, and surf presents a materially greater risk of injury, loss of life, and damage to public and private property than if presented alone; and WHEREAS, the forecasted scope and severity of Moke's impact across the County is such that preparation, response, and recovery, especially with ongoing Lala response and recovery operations, 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 conditions described above may require evacuations, road and facility closures, and the redirection of County personnel to emergency functions and, to the extent they occur, will impede compliance with certain County laws by the County and by County taxpayers, and may interrupt the supply and distribution of essential commodities within the County; 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 Moke'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 that a local state of emergency exists under HRS § 127A-14(b), CCH § 13-23, and HCC § 7-1-7(a), because Tropical Storm Moke 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-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-I 2(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 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 Moke 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-1 2(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. 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 Moke, 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 4 accordingly not apply to those emergency management functions to that extent. This paragraph does not relieve the County of any procurement standard applicable to federally funded work. F. HRS § 127A-12(c)(11). Each public utility, or any person owning, controlling, or operating a critical infrastructure facility, 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 of steep terrain subject to landslide or mudslide, and areas previously damaged by Lala, that are determined to pose a risk of injury or loss of life due to Moke. 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 Moke, which may precede any mandatory evacuation issued under HRS § 127A-13(b)(4). I. HRS § 127A-12(c)(14), CCH § 13-21, 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 critical infrastructure facilities affected by Moke, 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 Moke. 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-1 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. 5 L. HRS § 127A-13(b)(5). I authorize the County to exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of essential goods, services, and facilities, and to ensure their equitable distribution or prioritization as the public welfare requires - including the authority to investigate and, notwithstanding any contrary County law, to regulate or prohibit their storage,transport, use, sale, or distribution through licensing, rationing, or other means. II. Suspension of County Laws. A. HRS § 127A-13(b)(1). I find that hardships and inequities exist in the laws of the County, and result from measures taken under HRS Chapter 127A in response to Moke, to the extent that those laws establish or impose deadlines for the payment of real property tax bills; deadlines for the filing of applications, claims, or other submissions relating to real property tax programs; or any penalty or interest accruing by reason of a failure to meet such a deadline. I hereby suspend those County laws to the extent stated. B. Pursuant to HRS § 127A-13(b)(2), I hereby suspend County laws to the extent that compliance with such laws impedes or tends to impede or is detrimental to the expeditious and efficient execution of, or conflicts with, emergency functions related to the above-described emergency or disaster. I FURTHER DECLARE that this Emergency Proclamation Relating to Tropical Storm Moke 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 22"d day of August 2026 Ph.D. 4.:�:�O�med�,, County of Hawaii APPROVED AS TO FORM AND LEGALITY: _'. Renee N.C. Schoen Corporation Counsel County of Hawaii 6