NINTH PROCLAMATION RELATING TO HOMELESSNESS

NINTH PROCLAMATION RELATING TO HOMELESSNESS
By the authority vested in me as Governor by the Constitution and laws of the
State of Hawaii, in order to provide relief for damages, losses, and suffering, and to
protect the health, safety, and welfare of the people, I, Josh Green, M.D, Governor of
the State of Hawaii, hereby determine, designate, and proclaim as follows:
WHEREAS, homelessness is a humanitarian crisis that threatens the health,
safety, security, and wellbeing of our community; and
WHEREAS, on January 23, 2023, a Proclamation was issued relating to
homelessness that declared an emergency created by homelessness for the people of
Hawai’i (“Proclamation”); and
WHEREAS, on January 26, 2023, a second Proclamation was issued relating to
homelessness that clarified the terms of the Proclamation; and
WHEREAS, on March 20, 2023, a third Proclamation was issued relating to
homelessness that clarified the terms of the Proclamation; and
WHEREAS, on May 19, 2023, a fourth Proclamation was issued relating to
hómelessness that clarified the terms of the Proclamation and that included Rules
Relating to the Construction of Homeless Dwelling Units; and
WHEREAS, on July 1 8, 2023, a fifth Proclamation was issued related to
homelessness that clarified the terms of the Proclamation and that included Rules
Relating to the Construction of Homeless Dwelling Units;
WHEREAS, on September 15, 2023, a sixth Proclamation was issued related to
homelessness that clarified the terms of the Proclamation and that included Rules
Relating to the Construction of Homeless Dwelling Units;
WHEREAS, on November 9, 2023, a seventh Proclamation was issued related to
homelessness that clarified the terms of the Proclamation and that included Rules
Relating to the Construction of Homeless Dwelling Units;
WHEREAS, on January 8, 2024, an eighth Proclamation was issued related to
homelessness that clarified the terms of the Proclamation and that included Rules
Relating to the Construction of Homeless Dwelling Units (“Emergency Rules”); and
WHEREAS, based on the eighth Proclamation and the Emergency Rules, the
effort to issue development agreements that allow for the construction of homeless
dwelling units is underway; and
WHEREAS, more time is needed to continue the construction of homeless
dwelling units and to relocate homeless individuals and families to completed dwelling
units; and
WHEREAS, the creation of more permanent affordable housing, permanent
supportive housing, transitional housing, and shelter space is necessary to protect the
health, safety, and welfare, not only for individuals experiencing homelessness, but for
all residents of the State, but it must be done in a way that is respectful to our
environment, our history, and our iwi kupuna.
NOW, THEREFORE, I, Josh Green, M.D., Governor of the State of Hawai’i,
hereby determine and proclaim that an emergency contemplated by section 127A-14,
Hawaii Revised Statutes (HRS), is continuing in the State of Hawaii, and in order to
promote and protect the public health, safety, and welfare of the people of the State of
Hawaii, and to prepare for and maintain the flexibility to take proactive, preventative,
and mitigative measures to minimize the adverse impact that the present emergency
may cause on the State, and to work cooperatively and in conjunction with federal and
county agencies, do hereby invoke the following measures under the Hawaii Revised
Statutes:
I. Suspension of Laws
Section 127A-13(a)(3), HRS, Additional Powers in an Emergency Period, to
the extent necessary to expedite the acquisition, construction, repair, renovation, and
occupancy of housing that is designed exclusively for permanent, temporary, or
transitional occupancy by persons experiencing homelessness or at risk of being
homeless, and the provision of services to those persons, I hereby suspend the
following statutes and regulations:
Section 127A-30, HRS, Rental or Sale of Essential Commodities During a
State of Emergency; Prohibition Against Price Increases, to prevent the automatic
statewide, 96-hour operation of this section, which is unnecessary for this emergency.
The invocations and suspensions of section 127A-30, HRS, contained in my March 5,
2024 Tenth Proclamation Relating to Wildfires are not affected by this Proclamation.
Chapter 6E, HRS, Historic Preservation to the extent necessary to expedite the
provision of housing for homeless persons, subject to the attached Governor’s
emergency rules.
Section 37-41 , HRS, Appropriations to Revert to State Treasury; Exceptions.
Section 37-74(d), HRS, Program Execution, except for sections 37-74(d)(2) and
37-74(d)(3), 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.
Section 40-66, HRS, Appropriations Lapse When.
Chapter 46, HRS, General Provisions, to the extent prescribed by the counties
in order to meet the minimum requirements for health and safety and floodplain
management.
Chapter 76, HRS, Civil Service Law.
Chapter 89, HRS, Collective Bargaining in Public Employment.
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Chapter 89C, HRS, Public Officers and Employees Excluded from Collective
Bargaining.
Section 102-2, HRS, Contracts for Concessions; Bid Required, Exception.
Section 103-2, HRS, General Fund.
Section 103-53, HRS, Contracts with the State or Counties; Tax Clearances,
Assignments.
Section 103-55, HRS, Wages, Hours, and Working Conditions of Employees
of Contractors Performing Services.
Section 103-55.5, HRS, Wages and Hours of Employees on Public Works
Construction Contracts.
Section 103-55.6, HRS, Public Works Construction; Apprenticeship
Agreement.
Chapter 103D, HRS, Hawaii Public Procurement Code.
Chapter 103F, HRS, Purchases of Health and Human Services.
Chapter 104, HRS, Wages and Hours of Employees on Public Works.
Sections 105-1 to 105-10, HRS, Government Motor Vehicles.
Chapter 171, HRS, Public Lands.
Section 183C, HRS, Conservation District.
Chapter 205, HRS, Land Use Commission except as it applies to conservation
district lands and important agricultural lands.
Chapter 205A, HRS, Coastal Zone Management.
Chapter 206E, HRS, Hawaii Community Development Authority.
Chapter 237, HRS, General Excise Tax Law, to the extent that the suspension
shall only apply to qualified persons or firms involved with a newly constructed, or a
moderately or substantially rehabilitated, project that is developed under this
Proclamation for the provision of housing for homeless persons, subject to the attached
Governor’s emergency rules. The suspension shall apply to the planning, design,
financing, construction, sale, or lease in the State of a project that has been certified
under the attached Governor’s emergency rules. “Moderate rehabilitation” and
“substantial rehabilitation” shall have the same meaning as set forth in section 201 H
36(d), HRS.
Sections 302A-1601 through 302A-1608, HRS, School Impact Fees.
Chapter 343, HRS, Environmental Impact Statements to the extent necessary
to expedite the provision of housing for homeless persons, subject to the attached
Governor’s emergency rules.
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Chapter 346, HRS, Social Services.
Section 464-4, HRS, Public Works.
Sections 601 -1 .5, 708-81 7, 708-81 8, 708-820(1 )(c), 708-830.5(1 )(d), 708-
840(1)(c) and (d), HRS, to the extent these sections contain provisions for the
suspension, tolling, extension, or granting of relief from deadlines, time schedules, or
filing requirements in civil, criminal, or administrative matters before the courts of the
state or to the extent that these sections contain provisions for criminal penalties that
are automatically heightened by reasons of any declared disaster or emergency.
Section 127A-25(c), HRS, rules and orders, to the extentthe requirement to
publish rules adopted pursuantto chapter 127A, HRS, in a newspaper of general
circulation in the State shall be suspended inasmuch as the posting of such rules on the
applicable state or county government website or by other means of official
announcement as provided by this section brings the rules’ content to the attention of
the general public.
Pursuantto section 127A-25, HRS, I hereby adoptthe Rules Relating to
Construction of Homeless Dwelling Units attached hereto. These rules shall have the
force and effect of law.
II. State Cooperation
Pursuantto Section 127A-12(b), HRS, I hereby direct all state agencies and
officers to cooperate with and extend services, materials, and facilities as may be
required to assist in all efforts to address the objectives of this Proclamation.
Ill. 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.
I FURTHER DECLARE that the disaster emergency relief period shall
commence immediately and continue through May 7, 2024, unless terminated or
superseded by separate proclamation, whichever shall occur first.
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I FURTHER DECLARE that notwithstanding the termination of this emergency
relief period, all contracts and agreements entered into and all procurements started
during the emergency relief period shall continue in full force and effect until expiration
or termination of the contracts and agreements, and all construction projects
commenced during the emergency relief period shall remain covered by the terms of
this Proclamation through completion of construction.
I FURTHER DECLARE that this Proclamation or subsequent emergency rules is
not intended to create, and does not create, any rights or benefits, whether substantive
or procedural, or enforceable at law or in equity, against the State of Hawaii, the
counties of this State, or any State or County agencies, departments, entities, officers,
employees, or any other person.
Done at the State Capitol, this 8th day of
March, 2024.
Josh Green, M.D.
Governor of Hawaii