OFFICE OF THE GOVERNOR STATE OF HAWAI‘I EMERGENCY PROCLAMATION RELATING TO MAUNA LOA

OFFICE OF THE GOVERNOR
STATE OF HAWAI‘I
EMERGENCY PROCLAMATION
RELATING TO MAUNA LOA
By the authority vested in me by the Constitution and laws of the State of Hawai‘i,
in order to provide relief for disaster damages, losses, and suffering, and to protect the
health, safety, and welfare of the people, I, DAVID Y. IGE, Governor of the State of
Hawai‘i, hereby determine, designate and proclaim as follows:
WHEREAS, pursuant to Chapter 127A, Hawaii Revised Statutes (HRS),
emergency powers are conferred on the Governor of the State of Hawai`i to respond to
disasters or emergencies, to maintain the strength, resources, and economic life of the
community, and to protect the public health, safety, and welfare;
WHEREAS, experts have been monitoring increased seismic activity on Mauna
Loa in the County of Hawai‘i;
WHEREAS, on November 27, 2022, Mauna Loa began erupting with lava initially
confined to Moku’aweoweo, the summit caldera near the mountain’s summit. The
eruption has since migrated from the summit to the Northeast Rift Zone where fissures
are feeding several lava flows;
WHEREAS, the eruption has also resulted in the release of volcanic gasses and
an ash plume of such character that the National Weather Service had issued an ashfall
advisory for the County of Hawai‘i;
WHEREAS, the ash plume from Mauna Loa had further travelled in a NorthNortheasterly direction toward Maui County;
WHEREAS, the Mayor of the County of Hawai‘i has issued a proclamation
declaring a state of emergency for the County of Hawai‘i as a result of this event; and
WHEREAS, based on historic eruption patterns of the volcanoes in the County of
Hawai‘i, this eruption along with further seismic activity will most likely continue thereby
endangering the health, safety, and welfare of the people;
WHEREAS, this occurrence of a severe, sudden, and extraordinary event of the
eruption of Mauna Loa with associated lava, volcanic gasses, and ash that threatens to
cause damages, losses, and suffering of such character and magnitude to affect the
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health, welfare, and living conditions of a substantial number of persons, and to affect
the economy of the State, and has the potential to be of such a nature as to warrant
rehabilitative assistance from the State;
WHEREAS, the Legislature of the State of Hawai‘i 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
emergency;
WHEREAS, in expending such monies, the Governor may allot any portion to
any agency, office, or employee of the state or to any county for the most expeditious
and efficient relief of the conditions created by the emergency;
WHEREAS, pursuant to sections 127A-14 and 127A-16, Hawaii Revised
Statutes, the Governor may determine whether an emergency or disaster has occurred,
or whether 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;
WHEREAS, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes, the
Governor may suspend any law that impedes or tends to impede or is detrimental to the
expeditious and efficient execution of, or that conflicts with, emergency functions,
including laws specifically made applicable to emergency personnel;
WHEREAS, pursuant to section 127A-13(a)(2), Hawaii Revised Statutes, the
Governor may relieve hardships 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;
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, in whole or in part, if these provisions
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;
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WHEREAS, pursuant to section 127A-12(b)(16), Hawaii Revised Statutes, the
Governor may 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;
WHEREAS, pursuant to section 127A-12(b)(5), Hawaii Revised Statutes, the
Governor may take possession of, use, manage, control, and reallocate any public
property of the State, real or personal, required by the Governor for the purposes of this
chapter, including airports, parks, playgrounds, and schools, and other public buildings;
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 otherwise, between
agencies or departments of the State;
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 Hawai‘i,
hereby determine that an emergency or disaster contemplated by section 127A-14,
HRS, has occurred in the Counties of Hawai‘i and Maui, State of Hawai‘i, and do hereby
authorize and invoke the following emergency provisions which are expressly invoked, if
not already in effect upon this declaration of an emergency:
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I. Invocation of Laws
Sections 127A-12 and 127A-13, HRS, in order for county and state agencies to
provide emergency relief and engage in emergency management functions as defined
in section 127A-2, HRS, as a result of and in response to this event.
Sections 127A-3, 127A-12(a)(5), 127A-13(a)(5), and 127A-13(a)(6), HRS, and
the Director of Hawai‘i Emergency Management and the Administrator of Emergency
Management are directed to take appropriate actions to direct or control, as may be
necessary for emergency management:
a. Alerts, warnings, notifications, and activations;
b. Warnings and signals for alerts and any type or warning device, system,
or method to be used in connection therewith;
c. Partial or full mobilization of personnel in advance of or in response to an
actual emergency or disaster;
d. The conduct of civilians and the movement and cessation of movement of
pedestrians and vehicular traffic during, before, and after alerts,
emergencies, or disasters;
e. Shut off water mains, gas mains, electric power connections, or
suspension of other services; and
f. Mandatory evacuation of the civilian population.
Section 127A-12(b)(13), HRS, requiring 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;
provided that without prejudice to the generality of the foregoing two clauses, the
protecting or 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.
Section 127A-12(b)(16), HRS, directing all state agencies and officers to
cooperate and extend their services, materials, and facilities as may be
required to assist in emergency response efforts.
Section 127A-16, HRS, by activating the Major Disaster Fund.
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II. Suspension of Laws
The following specific provisions of law are suspended, as allowed by
federal law, pursuant to sections 127A-12(b)(8) and 127A-13(a)(3), HRS, to the extent
that the law impedes or tends to impede or be detrimental to the expeditious and
efficient execution of, or to conflict with, emergency functions, including laws which by
this chapter specifically are made applicable to emergency personnel:
Section 37-41, HRS, appropriations to revert to state treasury; exceptions, to
the extent that appropriations lapse at the end of the fiscal year prior to completion of
the emergency actions.
Section 37-74(d), HRS, program execution, except for sub-sections 37-74(d)(2)
and 37-74(d)(3), HRS, and any such transfers or changes considered to be authorized
transfers or changes for purposes of section 34-74(d)(1) for legislative reporting
requirements, to the extent that legislative authorization would likely delay appropriation
transfers or changes between programs to provide necessary funding to complete the
emergency actions.
Section 40-66, HRS, lapsing of appropriations, to the extent that the timing of
the procurement of the construction of the emergency permanent repairs may occur the
fiscal year following the original emergency proclamation.
Chapter 89, HRS, collective bargaining in public employment, to the extent
that compliance with this chapter requires additional time detrimental to the expeditious
and efficient execution of emergency actions.
Chapter 89C, HRS, public officers and employees excluded from collective
bargaining, to the extent that compliance with this chapter requires additional time
detrimental to the expeditious and efficient execution of emergency actions.
Section 103-2, HRS, general fund, to the extent that compliance results in any
additional delays.
Section 103-53, HRS, contracts with the State or counties; tax clearances,
assignments, only to the extent necessary to waive the Internal Revenue Service (IRS)
tax clearance requirement.
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Section 103-55, HRS, wages, hours, and working conditions of employees
of contractors performing services, to the extent that compliance results in any
additional delays.
Chapter 103D, HRS, Hawaii public procurement code, to the extent that
compliance results in any additional delays involved in meeting procurement
requirements for selecting contractors in a timely manner to respond to emergency
situations.
Chapter 104, HRS, wages and hours of employees on public works, to the
extent that compliance with this chapter requires additional time detrimental to the
expeditious and efficient execution of emergency actions.
Sections 105-1 to 105-10, HRS, use of government vehicles, limitations, to
the extent that compliance with this chapter requires additional time detrimental to the
expeditious and efficient execution of emergency actions.
III. Severability
If any provision of this Proclamation is rendered or declared illegal for any
reason, or shall be invalid or unenforceable, such provision shall be modified or
deleted, and the remainder of this Proclamation and the application of such
provision to other persons or circumstances shall not be affected thereby but shall
be enforced to the greatest extent permitted by applicable law.
IV. Enforcement
No provision of this Proclamation, or any rule or regulation hereunder,
shall be construed as authorizing any private right of action to enforce any
requirement of this Proclamation, or of any rule or regulation. Unless the
Governor, Director of Emergency Management, or their designee issues an
express order to a non-judicial public officer, no provision of this Proclamation, or
any rule or regulation hereunder, shall be construed as imposing any ministerial
duty upon any non-judicial public officer and shall not bind the officer to any
specific course of action or planning in response to the emergency or interfere with
the officer’s authority to utilize his or her discretion.
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I FURTHER DECLARE that the disaster emergency relief period shall
commence immediately and continue through January 27, 2023 unless terminated or
superseded by separate proclamation, whichever shall occur first.
Done at the State Capitol, this
28th day of November 2022
_______________________________
DAVID Y. IGE,
Governor of Hawai`i