By the authority vested in me by the Constitution and laws of the State of Hawai’i, to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare ofthe 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

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