The Hawaii Revised Statutes (HRS) Chapter 125, Emergency Management, outlines the framework for disaster preparedness and response within the state. Specifically, HRS §125-5 delineates the powers and duties of the governor during a state of emergency. This statute grants the governor broad authority to take necessary actions to protect public safety and welfare. Among these powers is the ability to direct and compel the evacuation of all or any portion of the population from any disaster area. This authority is crucial for preventing loss of life and minimizing injury during catastrophic events. The statute also emphasizes the coordination of emergency services and resources, often involving mutual aid agreements with other states, such as California, which is a significant partner in disaster response due to geographical proximity and shared Pacific interests. The question tests the understanding of the governor’s specific statutory authority regarding evacuations under HRS Chapter 125 and its practical application in inter-jurisdictional cooperation.

The Hawaii Revised Statutes (HRS), specifically Chapter 125, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA). Section 125-7, concerning the Emergency Management Assistance Compact (EMAC), is particularly relevant to interstate mutual aid during disasters. EMAC is an interstate compact that allows states to share resources and personnel during emergencies. Hawaii is a participating member of EMAC. Under EMAC, when Hawaii requests assistance from another state, and that state provides resources or personnel, the requesting state (Hawaii) is responsible for compensating the assisting state for the costs incurred. This compensation is typically based on the terms of the EMAC agreement and any specific declarations made by the governors. The concept of “reimbursement” is central to EMAC, ensuring that states are not financially burdened by assisting others. Therefore, the primary financial obligation for emergency management assistance rendered to Hawaii under EMAC, as stipulated by the compact’s framework, falls upon Hawaii itself, covering the expenses of the assisting state’s resources and personnel. This ensures a fair exchange and encourages robust participation in mutual aid agreements across the United States.

The Hawaii Revised Statutes (HRS), Chapter 125, outlines the framework for emergency management. Specifically, HRS §125-4 addresses the powers and duties of the Governor during a state of emergency. This statute grants the Governor broad authority to take necessary actions to protect public safety and welfare, including the power to suspend the privileges, rights, and laws of general application, provided such actions are reasonable and necessary to address the emergency. This power is crucial for enabling swift and decisive action during catastrophic events that overwhelm normal governmental functions. The statute also emphasizes the importance of coordinating efforts with federal, state, and local agencies. While the Governor’s powers are extensive, they are not absolute and are subject to constitutional limitations and legislative oversight. The intent is to provide the executive with the tools to manage crises effectively while maintaining accountability.

The Hawaii Revised Statutes (HRS), Chapter 127A, outlines the framework for emergency management in the state. Specifically, HRS §127A-21 addresses the powers and duties of the governor during a state of emergency. This statute grants the governor broad authority to take necessary actions to protect public health and safety, including the power to order evacuations, impose curfews, and allocate resources. The statute also specifies that such declarations and orders remain in effect until rescinded by the governor or until the legislature convenes and takes action to terminate the emergency. The question probes the specific authority of the governor to direct the use of private property during a declared state of emergency, a power derived from the inherent police powers of the state and codified within the emergency management statutes. This power is not unlimited and must be exercised reasonably and for the purpose of mitigating the emergency. The authority to seize or requisition private property for public use during an emergency is a significant executive power, balanced by due process considerations and potential compensation requirements under both state and federal law, though the immediate focus of HRS Chapter 127A is on the emergency powers themselves.

Hawaii Revised Statutes (HRS) Chapter 396, specifically HRS §396-1, establishes the Hawaii Emergency Management Agency (HI-EMA) and outlines its responsibilities. This agency is tasked with developing and coordinating comprehensive emergency management plans for the state. HRS §396-3 further delineates the powers and duties of the governor during a state of emergency, including the authority to utilize all available state and local resources, direct and coordinate the activities of all state and local agencies, and issue executive orders necessary to protect public safety and welfare. The law also addresses mutual aid agreements with other states and political subdivisions, as authorized by HRS §396-10, enabling Hawaii to request and provide assistance during emergencies. This framework underscores the state’s commitment to a coordinated and legally empowered response to disasters, drawing upon both internal resources and intergovernmental cooperation. The specific powers granted to the governor are broad, allowing for swift and decisive action to mitigate the impact of emergencies.

The Hawaii Revised Statutes (HRS) Chapter 125, Emergency Management, outlines the framework for disaster preparedness and response. Specifically, HRS §125-6 addresses the powers and duties of the Governor during a state of emergency. This section grants the Governor broad authority to utilize state resources, direct state agencies, and coordinate with local governments and federal agencies. It also permits the Governor to impose restrictions on public gatherings, control ingress and egress to and from emergency areas, and commandeer private property if necessary for public safety. The authority to suspend specific laws or regulations that impede emergency response efforts is also a critical component of this power, provided such suspensions are reasonable and necessary to address the immediate threat. This power is distinct from the routine operational duties of emergency management agencies, which are often delegated by the Governor or established by other statutes. The Governor’s role is paramount in declaring and managing states of emergency, ensuring a unified and effective response.

Hawaii Revised Statutes (HRS) Chapter 396, Emergency Management, specifically addresses the powers and duties of the governor and county mayors during emergencies. HRS §396-3 outlines the governor’s authority to declare a state of emergency, which triggers various powers, including the ability to take control of essential services and resources. HRS §396-11 further details the coordination between state and county emergency management agencies. When a major volcanic eruption impacts the island of Hawaii, posing immediate threats to life, property, and critical infrastructure, the governor’s declaration of a state of emergency under HRS §396-3 is the foundational legal step. This declaration empowers the governor to direct and coordinate all state and county efforts. While county mayors have significant responsibilities for local emergency management, their actions during a statewide emergency are generally in coordination with and under the broader authority of the governor, as stipulated by HRS §396-11. The governor’s executive order initiating evacuation orders for affected communities, for instance, supersedes any conflicting local directives and ensures a unified response. The establishment of temporary shelters and the allocation of state resources for relief efforts are direct manifestations of these emergency powers. The focus is on a centralized, coordinated approach to manage the crisis effectively, leveraging both state and county capabilities under the governor’s overarching command.

Hawaii Revised Statutes (HRS) Chapter 396, Emergency Management, and specifically HRS §396-14, establishes the framework for disaster financial assistance. This statute outlines the powers and duties of the governor and the director of the Hawaii Emergency Management Agency (HI-EMA) during a declared emergency. It provides for the establishment of a disaster relief fund and authorizes the governor to expend funds for disaster relief purposes. The statute also details the process for seeking federal assistance and the state’s responsibility in matching federal funds. Specifically, HRS §396-14(a) grants the governor the authority to “make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter.” This includes the power to utilize state funds, including the Hawaii emergency and disaster revolving fund, for disaster relief efforts. The director of HI-EMA, under the governor’s direction, is responsible for the administration of these funds and the implementation of relief programs. The statute emphasizes coordination with federal agencies, such as the Federal Emergency Management Agency (FEMA), to ensure a comprehensive response. The allocation of funds is typically guided by the severity of the disaster and the needs identified through damage assessments. The statute also permits the governor to accept grants, gifts, or devises of money or property from any source for disaster relief.

Hawaii Revised Statutes (HRS) Chapter 396, specifically HRS §396-11, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA) and its administrator. This statute grants broad authority to the governor, through HI-EMA, to prepare for and respond to emergencies, including the power to take control of the state’s resources and personnel. During a declared state of emergency, the governor can direct and compel the cooperation of all state and county agencies. HRS §396-12 further details the powers of the governor during an emergency, which includes the authority to suspend provisions of statutes, rules, and regulations that impede emergency management efforts. This suspension power is crucial for enabling swift and effective action without being encumbered by normal bureaucratic processes. The question probes the understanding of the governor’s authority to override existing legal frameworks to facilitate emergency response, a core principle of emergency management law. The correct option reflects the statutory basis for this gubernatorial power in Hawaii, emphasizing the temporary nature and the purpose of overcoming impediments to effective emergency response.

Hawaii Revised Statutes (HRS) Chapter 396, the Hawaii Emergency Management Agency (HI-EMA) Act, outlines the framework for disaster preparedness and response in the state. Specifically, HRS §396-13 addresses the powers and duties of the governor during a state of emergency. This statute grants the governor broad authority to take necessary actions to protect public health and safety, including the power to suspend certain laws and regulations that might impede effective response. This suspension power is crucial for bypassing bureaucratic hurdles and enabling swift action during a crisis. The statute also emphasizes coordination with federal and county emergency management agencies, underscoring a multi-jurisdictional approach to disaster management. The authority to commandeer private property for emergency use, while subject to constitutional protections and compensation requirements, is also a significant power vested in the governor under such circumstances. The legislative intent is to ensure that the state can respond efficiently and effectively to any emergency, whether natural or man-made, by providing the executive branch with the necessary tools and flexibility. The emphasis on mutual aid agreements with other states, as facilitated by HRS §396-16, further highlights the comprehensive nature of Hawaii’s emergency management legal framework, ensuring resources can be shared across state lines when needed.

Hawaii Revised Statutes (HRS) Chapter 393, the Hawaii Emergency Management Agency Act, outlines the framework for disaster preparedness and response within the state. Specifically, HRS §393-5 addresses the powers and duties of the governor during a state of emergency. This section grants the governor broad authority to implement measures necessary to protect public safety and welfare. Among these powers is the ability to direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state, and to prescribe routes, modes, and conditions of transportation in connection with the evacuation. This authority is crucial for managing large-scale disasters, such as volcanic eruptions or tsunamis, which are significant threats to Hawaii. The governor’s directives under this authority are generally binding and are essential for orderly and effective emergency management. The question assesses understanding of the specific powers granted to the governor concerning population movement during emergencies as defined by state statute.

Hawaii Revised Statutes (HRS) Chapter 396, specifically HRS §396-3, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA). This statute establishes HI-EMA as the state agency responsible for emergency management, including planning, preparedness, response, and recovery. HRS §396-3(a) grants the governor broad authority to declare states of emergency, which triggers specific powers and responsibilities for state agencies. HRS §396-3(b) details the governor’s authority to delegate these powers to the adjutant general or other designated officials. Furthermore, HRS §396-4 addresses the powers of the governor during a state of emergency, which can include directing and controlling the conduct of civilians and the movement and use of private property as necessary to protect the health, safety, and welfare of the public. This includes the authority to impose curfews, restrict movement, and commandeer resources. The question hinges on understanding the specific statutory basis for the governor’s executive authority to manage the immediate aftermath of a catastrophic volcanic eruption, such as controlling access to affected areas and directing evacuations. HRS §396-4(a)(1) directly empowers the governor to “issue such orders and regulations as he may deem necessary to prepare for, meet, and overcome the effects of any emergency,” which encompasses the scenario described. The statute provides the legal framework for such actions, ensuring a coordinated and lawful response.

Hawaii Revised Statutes (HRS) Chapter 396, particularly sections related to the Hawaii Emergency Management Agency (HI-EMA) and its powers during emergencies, outlines the framework for disaster response and recovery. HRS §127A-30 specifically addresses the governor’s authority to issue executive orders during a state of emergency, including the power to suspend any law, regulation, or rule that might impede emergency management operations. This broad authority is crucial for enabling swift and effective action when normal governmental processes are insufficient. When a governor declares a state of emergency under HRS §127A-4, they can activate provisions that allow for the procurement of necessary goods and services without adhering to standard competitive bidding processes, as stipulated by HRS §127A-30(a)(5). This is to ensure that essential resources are obtained rapidly to address immediate threats and needs. Furthermore, HRS §127A-30(a)(1) grants the governor the power to direct and compel the evacuation of all or part of the population from any hazardous area. The question hinges on understanding the scope of executive authority granted during a declared state of emergency in Hawaii, particularly concerning resource acquisition and population management, as defined by Chapter 127A of the Hawaii Revised Statutes.

Hawaii Revised Statutes (HRS) Chapter 396, specifically the Hawaii Emergency Management Agency (HI-EMA) powers and responsibilities, outlines the framework for disaster preparedness and response. While the statute grants broad authority to the Governor and HI-EMA during emergencies, it also emphasizes the importance of coordination and adherence to established procedures. HRS §396-11 details the powers of the Governor during a state of emergency, which includes the authority to suspend provisions of statutes, ordinances, and rules that impede emergency response efforts. However, this authority is not absolute and must be exercised reasonably in furtherance of declared emergency objectives. The concept of “essential services” is critical in determining the scope of permissible actions. During a declared emergency, the state can prioritize and direct resources to ensure the continuity of vital functions, which may involve temporary control or management of private facilities if private efforts are insufficient. The legal basis for such actions is rooted in the state’s inherent police power to protect public health, safety, and welfare. The specific directive to commandeer private resources for essential services during a declared emergency is a significant power, but its application must be consistent with the overarching goal of mitigating the impact of the disaster and restoring normalcy, always with an eye towards due process and compensation for any property taken or used.

Hawaii Revised Statutes (HRS) Chapter 396, “Disaster Relief,” outlines the framework for disaster preparedness, response, and recovery within the state. Specifically, HRS §396-4 mandates the establishment of a state disaster preparedness agency, which is the Hawaii Emergency Management Agency (HI-EMA). This agency is responsible for developing and implementing comprehensive emergency management plans, coordinating with various levels of government and private entities, and ensuring the state is prepared to respond to and recover from disasters. The statute also empowers the Governor to declare a state of emergency, which triggers specific authorities and actions to mitigate the effects of a disaster. This includes the ability to direct and compel the evacuation of areas, utilize state resources, and enter into agreements with federal agencies and other states. The concept of mutual aid, a key component of emergency management, is also implicitly supported by HRS §396-4, which allows for cooperation and coordination across jurisdictions. Understanding the specific statutory authorities granted to the Governor and the responsibilities assigned to HI-EMA is crucial for effective disaster management in Hawaii. The question probes the understanding of the foundational legal authority for statewide emergency coordination in Hawaii, which is vested in the state’s emergency management agency as established by statute.

The Hawaii Revised Statutes (HRS), specifically Chapter 125, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA) and the Governor during emergencies. HRS §125-5(a)(3) grants the Governor the authority to suspend the provisions of any statute, regulation, or ordinance or rules and orders issued pursuant thereto, if the Governor shall find that the public health, safety, or welfare requires it. This suspension power is a critical executive tool for swift and effective response to catastrophic events that overwhelm normal governmental operations. While this power is broad, it is not absolute and is subject to constitutional limitations and the legislative oversight process, though immediate emergency action often precedes detailed legislative review. The intent is to provide the executive branch with the flexibility needed to adapt to unforeseen circumstances and to implement measures that might be impossible or unduly delayed under standard legal frameworks. Understanding the scope and limitations of this gubernatorial authority is crucial for comprehending the legal architecture of emergency management in Hawaii, particularly in contrast to the more structured, yet potentially slower, processes of federal disaster declarations and responses governed by the Stafford Act. The ability to suspend conflicting statutes allows for the immediate implementation of critical resource allocation, personnel deployment, and public safety directives without being encumbered by existing, potentially inappropriate, legal constraints.

The Hawaii Revised Statutes (HRS) Chapter 127A, particularly HRS §127A-30, outlines the powers and duties of the governor during a state of emergency. This statute grants the governor broad authority to take necessary actions to protect public health and safety. These powers include, but are not limited to, issuing executive orders, directing the use of resources, and coordinating emergency response efforts. The statute also addresses the suspension of certain laws and regulations that may impede emergency operations. When considering the scope of emergency powers, it is crucial to understand that these authorities are not absolute and are subject to constitutional limitations and specific statutory provisions. The statute emphasizes the importance of interagency cooperation and the utilization of the Hawaii Emergency Management Agency (HEMA) in managing disaster relief and recovery. The governor’s directives under this chapter are aimed at ensuring an effective and coordinated response to any disaster, whether natural or man-made, that threatens the state. This includes the authority to procure necessary supplies and services, establish emergency shelters, and enforce evacuation orders, all within the framework of HRS Chapter 127A. The question probes the specific statutory basis for the governor’s authority to suspend certain administrative rules during a declared state of emergency in Hawaii.

Hawaii Revised Statutes (HRS) Chapter 396, specifically the Hawaii Emergency Management Agency (HI-EMA) and its authorities, outlines the framework for disaster response and recovery. Under HRS §127A-3, the Governor is vested with broad powers during a state of emergency, including the authority to issue executive orders, direct the activities of state and county agencies, and procure necessary resources. HRS §127A-22 addresses the liability of government entities and their employees acting within the scope of their authority during an emergency. This statute generally provides immunity from civil liability for actions taken in good faith during a declared emergency, unless the actions constitute gross negligence or willful misconduct. This protection is crucial for encouraging decisive action by officials and first responders without the constant fear of litigation for every decision made under immense pressure. The purpose is to facilitate effective and efficient emergency management operations. The question tests the understanding of the scope of governmental immunity provided by Hawaii law during declared emergencies, focusing on the conditions under which such immunity might be challenged. The correct understanding is that immunity is granted for good faith actions, but not for gross negligence or willful misconduct.

Hawaii Revised Statutes (HRS) Chapter 396, “Disaster Relief,” and specifically HRS §396-11, addresses the powers and duties of the governor during a state of disaster. This statute grants broad authority to the governor to take necessary actions to protect the public health and safety, including the procurement of supplies and services without regard to usual governmental procurement procedures when an emergency is declared. The State Emergency Management Agency (SEMA), operating under the Hawaii Emergency Management Act (HRS Chapter 127A), is responsible for coordinating the state’s emergency management efforts. While the governor has the ultimate authority, the practical implementation of emergency response, including the acquisition of essential resources, falls under the purview of SEMA, often in conjunction with relevant state departments. The question probes the understanding of which entity is primarily tasked with the operational execution of resource acquisition during a declared disaster, considering the governor’s overarching authority. The governor, by executive order, can delegate specific emergency management functions. However, HRS §127A-13 outlines the duties of the State Emergency Management Agency, which include developing and maintaining a comprehensive state emergency management plan, coordinating the activities of all state agencies and political subdivisions in emergency management, and providing assistance to political subdivisions. Therefore, SEMA is the operational arm responsible for managing the procurement and distribution of resources under the governor’s direction during a declared disaster, ensuring compliance with emergency procurement provisions as outlined in HRS §127A-13 and related administrative rules.

Hawaii Revised Statutes (HRS) Chapter 396, specifically HRS §396-10, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA). This statute grants HI-EMA the authority to develop, coordinate, and implement comprehensive emergency management plans for the state. Key to this is the agency’s role in coordinating with federal, state, and local agencies, as well as private organizations. When a disaster occurs or is imminent, the governor, upon the recommendation of the administrator of HI-EMA, may declare a state of emergency. This declaration triggers specific powers and authorities, including the ability to direct and compel the evacuation of all or part of the population from any stricken or threatened area within Hawaii, and to prescribe routes, modes of transportation, and conditions of evacuation. Furthermore, HRS §396-11 addresses the coordination of emergency management activities, emphasizing the need for cooperation between different levels of government and the private sector. The statute also grants the governor the power to utilize all available resources of state and local government and private relief agencies in a coordinated manner. The question tests the understanding of the specific legal framework that empowers state agencies to manage and respond to emergencies, particularly concerning the authority to mandate evacuations and coordinate resources under a declared state of emergency, as established by HRS Chapter 396. The correct answer reflects the statutory basis for these actions, which is rooted in the powers granted to HI-EMA and the governor under Hawaii law.

The question probes the understanding of Hawaii Revised Statutes (HRS) Chapter 125B, specifically concerning the delegation of emergency powers during a declared state of emergency. HRS §125B-6 outlines the Governor’s authority to delegate emergency powers to designated state officials or agencies. This delegation must be formalized through executive orders or similar directives, clearly specifying the scope and limitations of the delegated authority. The statute emphasizes that such delegation does not divest the Governor of their ultimate responsibility and authority. Therefore, when the Governor issues an executive order that designates the Adjutant General to assume operational control of all state and county emergency response assets, this is a direct exercise of the power granted under HRS §125B-6. The Adjutant General, as a designated state official with specific military and emergency management responsibilities, is a logical recipient of such delegation. The scenario described is a permissible action under Hawaii law, reflecting the hierarchical structure of emergency management command and control. Other options are incorrect because they either misrepresent the scope of delegation, introduce concepts not directly tied to the Governor’s delegation authority under this chapter, or describe actions outside the established legal framework for emergency powers in Hawaii. For instance, direct assumption of command by a federal agency without a specific request and agreement, or delegation to an unassigned private entity, would not align with the statutory provisions for state-level emergency management coordination and authority as defined in HRS Chapter 125B.

Hawaii Revised Statutes (HRS) Chapter 396, specifically HRS §396-4, outlines the powers and duties of the Hawaii Emergency Management Agency (HI-EMA). This statute grants HI-EMA broad authority to develop and implement comprehensive emergency management plans, coordinate with other state and local agencies, and utilize state resources during emergencies. When a major volcanic eruption on the Big Island of Hawaii threatens populated areas and disrupts critical infrastructure, the Governor, acting on the advice of the HI-EMA Administrator, has the authority to declare a state of emergency. This declaration triggers specific powers under HRS Chapter 127A, which governs emergency powers. HRS §127A-12 details the governor’s powers during a declared emergency, including the authority to direct and compel the evacuation of all or part of the population from any stricken or threatened area, to prescribe routes, modes of transportation, and conditions of entry and exit, and to commandeer or utilize any private property deemed necessary for emergency response, such as transportation vehicles or communication facilities. The legal framework supports a unified command structure, where HI-EMA plays a central coordinating role, but the ultimate authority for directing evacuations and resource allocation rests with the Governor, informed by HI-EMA’s operational assessments and recommendations. The state’s emergency management system is designed to be hierarchical and adaptable to the scale and nature of the disaster, ensuring a swift and organized response.

The Hawaii Revised Statutes (HRS) Chapter 125B, Emergency Management, specifically addresses the powers and duties of the Governor and the functions of the Hawaii Emergency Management Agency (HI-EMA). HRS §125B-7 outlines the powers of the Governor during a declared emergency. This section grants broad authority, including the power to suspend any laws, statutes, ordinances, rules, or regulations, or parts thereof, if the Governor deems it necessary to effectively combat the disaster or emergency. This suspension power is a critical aspect of emergency management, allowing for swift and decisive action that might otherwise be hindered by existing legal frameworks. The statute emphasizes that such suspensions are temporary and must be justified by the exigency of the situation. It is crucial to understand that this power is not absolute and is subject to certain limitations and reporting requirements to the legislature. The purpose of this broad authority is to enable the executive branch to respond effectively to catastrophic events, prioritizing public safety and welfare over adherence to routine legal procedures during a crisis. This is distinct from the powers of local governments, which are generally subordinate in state-level emergencies, and from the federal government’s role, which operates under different statutory authorities.

Hawaii Revised Statutes (HRS) Chapter 396, particularly sections related to disaster relief and mutual aid, establishes the framework for intergovernmental cooperation during emergencies. Specifically, HRS §396-14 outlines the authority of the governor to enter into mutual aid agreements with other states and political subdivisions. These agreements are crucial for resource sharing, personnel deployment, and coordinated response efforts when a state’s own resources are overwhelmed. The Hawaii Emergency Management Agency (HI-EMA) plays a pivotal role in facilitating and managing these agreements, ensuring compliance with both state and federal guidelines, such as those under the Emergency Management Assistance Compact (EMAC), to which Hawaii is a signatory. The intent is to provide a legal and operational basis for requesting and providing assistance, ensuring that the requesting state can receive necessary support without creating undue liability for the assisting entity beyond what is agreed upon in the compact. The legal standing of such agreements is derived from the inherent sovereignty of states and the constitutional provisions allowing for interstate compacts, subject to Congressional consent where applicable. This chapter ensures that Hawaii can effectively leverage external resources during catastrophic events, bolstering its resilience and response capabilities.

The scenario presented involves the activation of emergency protective measures under Hawaii Revised Statutes (HRS) Chapter 127A, specifically focusing on the powers of the Governor during a declared emergency. HRS §127A-13 outlines the Governor’s authority to order evacuations and establish control over ingress and egress to affected areas. When a substantial threat to public safety arises, such as the potential for widespread hazardous material contamination from a chemical plant incident, the Governor can direct the evacuation of residents and prohibit entry into designated zones. This authority is crucial for preventing further harm and facilitating organized response efforts. The question hinges on understanding the legal basis for restricting access to an area during a declared emergency in Hawaii. The Governor’s power to declare an emergency under HRS §127A-4 triggers the subsequent authorities granted in HRS §127A-13. Therefore, prohibiting access to a zone deemed unsafe due to potential chemical contamination, as a direct consequence of a declared emergency, is a legitimate exercise of gubernatorial power under Hawaii law. The legal framework supports such actions to safeguard public health and safety, even if it temporarily curtails individual liberties like freedom of movement or access to property within the affected zone.

The Hawaii Revised Statutes (HRS), specifically Chapter 127A, governs emergency management within the state. This chapter outlines the powers and duties of the governor, adjutant general, county mayors, and other officials during emergencies. HRS § 127A-2 defines “disaster” broadly to include any natural or man-made event that causes or threatens widespread or severe damage, injury, or loss of life or property. HRS § 127A-4 establishes the governor’s authority to declare a state of emergency, which triggers specific powers, including the ability to direct and coordinate emergency management activities, suspend certain statutes, and utilize state resources. When a governor declares a state of emergency, it signifies that the situation exceeds the capabilities of local authorities and requires statewide coordination and resource allocation. The declaration is a prerequisite for accessing certain federal aid and for implementing specific emergency powers granted by the statute. The scope of the governor’s authority during a declared emergency is extensive, encompassing measures deemed necessary to protect public health, safety, and welfare, and to mitigate the effects of the disaster. This includes coordinating with federal agencies like FEMA and ensuring that all levels of government in Hawaii work in concert. The key is that the governor’s declaration formally activates the comprehensive framework for disaster response and recovery as laid out in HRS Chapter 127A.

Hawaii Revised Statutes (HRS) Chapter 396, specifically the Hawaii Emergency Management Agency (HI-EMA) and its powers, outlines the framework for disaster response and recovery. During a declared state of emergency, the Governor, acting through HI-EMA, possesses broad authority. HRS §127-10 grants the Governor the power to suspend the operation of any statute, rule, or regulation, or any existing order, requirement, or prohibition, if strict compliance would prevent, hinder, or delay necessary action in combating the effects of a natural disaster or emergency. This suspension authority is crucial for enabling swift and effective response without being encumbered by pre-existing legal or administrative barriers that might impede critical actions. For instance, if a critical supply route is blocked by a regulation regarding environmental impact assessments for temporary road repairs, the Governor can suspend that regulation to expedite access. The purpose is to prioritize public safety and welfare during extraordinary circumstances. Other provisions within HRS Chapter 396 detail emergency declarations, mutual aid agreements, and the establishment of emergency management systems, but the specific power to suspend conflicting statutes or regulations is a key executive tool for operational flexibility.

The question pertains to the authority of the Governor of Hawaii during a declared emergency, specifically concerning the acquisition of property. Hawaii Revised Statutes (HRS) Chapter 127A, the Hawaii Emergency Management Act, outlines the powers and duties of state and county officials during emergencies. Section 127A-29 grants the Governor broad authority to take necessary actions to protect life and property. This includes the power to acquire by purchase, lease, or otherwise, any personal property or services, or any real property, needed for emergency purposes. This power is not contingent on the immediate availability of funds, as the statute implicitly allows for subsequent appropriation or financing. The key is that the acquisition must be for “emergency purposes” and authorized by the Governor’s emergency proclamation. Other options are less accurate. While mutual aid agreements are crucial for resource sharing (HRS § 127A-25), they do not grant direct property acquisition authority in this manner. The National Guard’s role is primarily for defense and support of civil authorities (HRS § 127A-27), not direct property acquisition for general emergency management needs. The State Civil Defense Agency’s role is administrative and operational support, but the ultimate authority for such significant actions rests with the Governor. Therefore, the Governor’s direct authority to acquire property for emergency purposes, even without immediate funding, is the most accurate reflection of HRS Chapter 127A.

Hawaii Revised Statutes (HRS) Chapter 396, specifically Section 396-11, addresses the powers and duties of the governor during an emergency proclamation. This statute grants the governor broad authority to take necessary actions to protect public safety and welfare. Among these powers is the ability to suspend the operation of any statute, rule, or ordinance, or any restriction or requirement therein, when the governor deems it necessary for the protection of life and property. This suspension authority is a critical tool for enabling swift and decisive action during a declared emergency, overriding normal bureaucratic processes that might impede immediate response. The statute also outlines provisions for the mobilization of state resources, including personnel and equipment, and the coordination of efforts with federal and local agencies. The governor’s role is central in directing the overall emergency management strategy, including the allocation of resources and the establishment of priorities for response and recovery operations. The effectiveness of emergency management hinges on the clear delineation and exercise of these executive powers, ensuring a coordinated and efficient response to catastrophic events. Understanding the scope and limitations of the governor’s authority under HRS Chapter 396 is fundamental to comprehending Hawaii’s emergency management framework.

Hawaii Revised Statutes (HRS) Chapter 396, specifically the Hawaii Emergency Management Agency (HI-EMA) Act, outlines the framework for emergency management in the state. A critical aspect of this framework is the delegation of authority and the establishment of a clear chain of command during emergencies. HRS §396-6 addresses the powers and duties of the governor and the administrator of HI-EMA. During a declared emergency, the governor has broad authority to direct and control the functions of state agencies and to coordinate with political subdivisions. The administrator, acting under the governor’s direction, implements these policies. HRS §396-7 further details the powers of the governor during an emergency proclamation, which includes assuming control of emergency management functions, coordinating all relief activities, and issuing necessary orders and regulations. This authority extends to the use of state resources and personnel. The question probes the understanding of who ultimately holds the authority to direct the statewide response and allocate resources under the governor’s emergency proclamation, emphasizing the hierarchical structure established by Hawaii law. The governor, by virtue of the emergency proclamation, is the principal authority for directing and coordinating all emergency management functions and resource allocation across the state, including the deployment of personnel and equipment from various state agencies and political subdivisions to ensure a unified and effective response.