SEVENTH PROCLAMATION RELATING TO UNCLE BILLY’S HILO BAY HOTEL

SEVENTH PROCLAMATION RELATING TO UNCLE BILLY’S HILO BAY HOTEL
By the authority vested in me by the Constitution and laws of the State of Hawaii,
to provide relief for disaster 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
Hawai’i, hereby determine, designate and proclaim as follows:
WHEREAS, under 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, the State owns multiple properties along Banyan Drive in Hilo, of
which many are leased for hotel and resort purposes. These include the property at
issue in this Proclamation, which is identified as tax map key numbers (3) 2-1-005:033,
034, 035, and 045 (“property”). The State previously leased the property to hotel
operators under long-term ground leases which expired on March 14, 2016, after which
tenancy continued on a month-to-month basis;
WHEREAS, a 146-room hotel was built on the property between 1966 and 1970.
The hotel was commonly known as Uncle Billy’s Hilo Bay Hotel (“hotel”);
WHEREAS, the hotel is located in close proximity to the ocean;
WHEREAS, after the ground leases expired, the State became the owner of the
hotel and all improvements that had been built on the property;
WHEREAS, the hotel ceased operating on June 19, 2017, and the last month-tomonth tenant vacated in August 2020. Prior to the cessation of operations, the condition
of the hotel had deteriorated as the result of deferred and ignored maintenance needs.
No significant repairs or maintenance have been performed on the hotel since June
2017;
WHEREAS, the property is now abandoned because the hotel cannot safely be
repaired and the property is dangerous.
WHEREAS, the condition of the property and hotel has attracted trespassers,
enabled drug use, fighting, and other illegal activities, and experienced numerous fires.
The Hawaii Police Department has responded to 6,479 calls for service/incidents in the
area from September 2018 to April 2023, with an estimated cost for responding to these
calls ranges from $319,000 to $459,000. The Hawaii Fire Department has responded to
946 calls for service/incidents in the Banyan Drive Peninsula from May 2018 to May
2023, for a cost estimate of $122,000. The State Division of Conservation and
Resources Enforcement has also conducted numerous sweeps and enforcement
actions at the property from 2018 to 2023. The condition of the property presents
dangers to trespassers and law enforcement officials alike;
WHEREAS, despite regular security presence, the lack of repairs, maintenance,
and operations has contributed to unsafe, unhealthy, and hazardous conditions at the
property and abandoned hotel. These include overall structural decay, unabated
hazardous materials, fire damage, water intrusion, falling ceilings, exposed rebar,
overflowing sewage, mold, and mildew. These unsafe and unhealthy conditions
endanger the lives of members of the public, adjoining hotel patrons, and trespassers,
as well as law enforcement officers and other first responders who have responded
frequently to service/incident calls to the property;
WHEREAS, the property’s proximity to the ocean presents ocean and ground
water pollution risks should the condition remain unabated;
WHEREAS, to address the continued trespass, other illegal activities, and
unsafe and unhealthy conditions at the property, the State must urgently: (1) build a
perimeter fence to physically secure the property; (2) demolish and remove the hotel
structures and hazardous materials, as repair was determined to be infeasible in an
architectural assessment completed for the property, and in any event cannot be
completed in time to reduce the public health and safety risks; and (3) restoration of the
site, including hazard abatement all to the extent permitted by the available funds;
WHEREAS, I issued my Proclamation Relating to Uncle Billy’s Hilo Bay Hotel on
July 18, 2023; my Second Proclamation on September 15, 2023; my Third Proclamation
on November 9, 2023; my Fourth Proclamation on January 8, 2024; my Fifth
Proclamation on March 8, 2024; and my Sixth Proclamation on May 3, 2024;
WHEREAS, the conditions at the property and hotel continue and will likely result
in substantial injury or harm to the population, substantial damage to or loss of property,
or substantial damage to or loss of the environment, and therefore constitute an
emergency under section 127A-2, HRS;
WHEREAS, it is necessary to supplement my proclamation to ensure a
continued and effective response with respect to the conditions at the property and
hotel; and
NOW, THEREFORE, I, JOSH GREEN, M.D., Governor of the State of Hawai’i,
hereby determine and proclaim that an emergency or disaster contemplated by section
127A-14, HRS, has occurred in the County of Hawaii, State of Hawai’i. I hereby
authorize and invoke the following emergency provisions, if not already effective by
virtue of this Proclamation:
I. State Cooperation
Under subsection 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.
II. Suspension of Laws
I hereby exercise my authority under paragraphs 127A-12(b)(8) and 127A13(a)(3), HRS, and suspend the following state laws, as allowed by federal law, only to
the extent necessary to quickly build a perimeter fence or wall to secure the property
against further trespass, and to demolish the hotel and bring the property to a safe and
healthy condition:
Chapter 6E, HRS, historic preservation, to the extent compliance might delay
the State in quickly responding to the emergency.
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.
Subsection 37-74(d), HRS, program execution, except for paragraphs 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 paragraph 37-74(d)(1 ) for legislative
reporting requirements.
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 46, HRS, county organization and administration, and all Hawaii
County Code provisions, only to the limited extent necessary to carry out emergency
functions pursuant to this Proclamation that may be hindered, delayed, or otherwise
impeded by county permitting, licensing, zoning, variances, or fees relating to these
requirements.
Chapter 53, HRS, urban renewal, only to the limited extent necessary to carry
out emergency functions pursuant to this Proclamation that may be hindered, delayed,
or otherwise impeded by these requirements.
Chapter 89, HRS, collective bargaining in public employment, to the extent
State personnel are prevented from being assigned or deployed in a timely manner
required to respond to the emergency.
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, to the extent that compliance requires additional
time detrimental to the expeditious and efficient execution of emergency actions.
Chapter 103D, HRS, Hawaii public procurement code, to the extent that
compliance might delay the State in quickly obtaining the goods and services needed to
address the emergency.
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.
Section 1 27A-30, HRS, rental or sale of essential commodities during a state
of emergency; prohibition against price increases, to prevent the automatic 96-hour
operation of this section in the County of Hawai’i, which is unnecessary for this
emergency. The invocations and suspensions of section 127A-30, HRS, contained in
my May 3, 2024 Eleventh Proclamation Relating to Wildfires, and in any later
proclamation relating to the wildfires, are not affected by this Proclamation.
Chapter 183C, HRS, conservation district, to the extent compliance might
delay or prevent the State from quickly responding to the emergency.
Chapter 205A, HRS, coastal zone management, to the extent compliance might
delay or prevent the State from quickly responding to the emergency.
Chapter 342B, HRS, air pollution control, and all applicable provisions of HAR
chapter 11-60.1, air pollution control, in particular section 11-60.1-33, fugitive dust,
made under chapter 342B, HRS; to the extent compliance might delay or prevent the
State from quickly responding to the emergency.
Chapter 342D, HRS, water pollution, to the extent necessary to respond to the
emergency, and implementing rules including but not limited to HAR chapters 1 1 -53,
11-54, 11-55, 11-56, and 11-62 (certain chapters relating to water quality and water
pollution) to support emergency management functions.
Chapter 342E, HRS, nonpoint source pollution management and control, to
the extent necessary to support emergency management functions.
Chapter 342F, HRS, noise pollution, to the extent compliance might delay or
prevent the State from quickly responding to the emergency.
Chapter 342G, HRS, integrated solid waste management, to the extent
necessary to perform emergency response during the emergency period.
Chapter 342 H, HRS, solid waste pollution, to the extent necessary to respond
to the emergency, and implementing rules including HAR section 11-58.1, solid waste
management control, to allow expedited waste management including but not limited
to collection, removal, transport, recycling, and disposal activities.
Chapter 342J, HRS, hazardous waste, to the extent necessary to respond to the
emergency, and implementing rules including HAR chapters 11-260.1 to 11-279.1
(certain chapters relating to hazardous waste) to allow expedited waste management
including but not limited to collection, removal, transport, recycling, and disposal
activities.
Chapter 342L, HRS, underground storage tanks; and all applicable provisions
of HAR chapter 1 1 -280. 1 , underground storage tanks, in particular HAR chapter 1 1 –
280.1 , subchapter 7, out-of-service UST systems and closure, made under chapter
342L, HRS; to the extent compliance might delay or prevent the State from quickly
responding to the emergency.
Chapter 342P, HRS, asbestos and lead, to the extent necessary to respond to
the emergency, and implementing rules including but not limited to HAR chapters 1 1 –
501 , 11-503, and 11-504 (certain chapters relating to asbestos) to the extent necessary
for asbestos abatement purposes.
Chapter 343, HRS, environmental impact statements, to the extent
compliance might delay or prevent the State from quickly responding to the emergency.
Section 464-4, HRS, public works, to the extent that compliance results in any
additional delays involved with completing construction drawings through the stamping
and signing by a professional engineer.
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 this Proclamation 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.