Decreto 44754 — National emergency declaration for the November 2024 hydrometeorological phenomenon

in the entirety of the text - Complete Text of Norm 44754 Declares a state of national emergency the situation caused by the Indirect Influence of Hurricane Rafael, Atmospheric Instability due to the Intertropical Convergence Zone, and the passage of Tropical Wave No. 45, during the days from November 1 to 12, 2024 N. 44754-MP THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF THE PRESIDENCY In exercise of the powers conferred by articles 140, subsections 3), 6), 16), and 18), 146, and 180 of the Political Constitution, articles 25, paragraph 1), 27, paragraph 1), 28, paragraph 2), subsection b) and j) of the General Law of Public Administration (No. 6227), and article 29 of the National Law on Emergencies and Risk Prevention (No. 8488).

I.That the National Meteorological Institute, through Meteorological Notice at 4:10 p.m. on November 1, 2024, reports that due to the Intertropical Convergence Zone, local low pressures persist to the southwest of the Caribbean Sea, which favors very humid conditions toward that region, supported by instability at mid and upper levels of the atmosphere.

II.That the National Commission for Risk Prevention and Emergency Response, at 11:00 a.m. on November 3, 2024, issued Alert No. 41-24, establishing an Orange Alert in the South Pacific; and a Yellow Alert in the South Caribbean, Central Pacific, North Pacific, Northern Zone, Central Valley, and North Caribbean.

III.That the National Commission for Risk Prevention and Emergency Response, at 2:00 p.m. on November 7, 2024, issued Alert No. 42-24, establishing an Orange Alert in the Central Pacific, North Pacific, South Pacific, and Central Valley; and a Yellow Alert in the Caribbean and Northern Zone.

IV.That the National Commission for Risk Prevention and Emergency Response, at 3:00 p.m. on November 9, 2024, issued Alert No. 43-24, establishing an Orange Alert in the Central Pacific, North Pacific, South Pacific, Central Valley, Northern Zone, and North Caribbean; and a Yellow Alert in the South Caribbean; the foregoing derived from the increase in rainfall at various points in the country and the projections indicated in the meteorological reports.

V.That the National Meteorological Institute, through Meteorological Report No. 16 at 10:00 a.m. on November 12, 2024, reports that rains continue across the entire national territory, since the Intertropical Convergence Zone persists over Costa Rica, bringing constant humidity and generating light rains in the country. In recent hours, amounts between 5 mm and 15 mm have been recorded across the Pacific regions and in the Central Valley, with a maximum value of 36 mm in the canton of Parrita.

VI.That the National Commission for Risk Prevention and Emergency Response, at 2:00 p.m. on November 12, 2024, issued Alert No. 44-24, establishing a Red Alert in the South Pacific, Central Pacific, North Pacific, an Orange Alert in the Central Valley, Northern Zone, and North Caribbean; and a Yellow Alert in the South Caribbean.

VII.That this hydrometeorological phenomenon has generated strong rains and winds that have caused floods and landslides (deslizamientos), with impacts on the national and cantonal road network, health centers, educational centers, drinking water supply systems, public sewer systems; with the consequent displacement of persons to temporary shelters, communities cut off, public services interrupted, losses in livelihoods and agricultural production, generating significant damages and losses in private and public property, which has implied a broad response by the Institutions of the National Risk Management System.

VIII.That it is the highest duty of the State to ensure the protection of human life, the safety of the inhabitants, and, in general, the preservation of social order.

IX.That constitutional jurisprudence has established strict parameters for the grounding of a declaration of national emergency, in states of national necessity and urgency, for the purpose of safeguarding fundamental legal rights. In ruling No. 1992-3410 at 2:45 p.m. on November 10, 1992, it ordered that "(...) the weaker legal right (the preservation of the normal order of legislative powers) must yield before the stronger legal right (the preservation of legal and social order, which, at times, does not allow waiting for a law to be processed and approved) (...)". Therefore, it has pronounced that the same must be absolutely necessary to manage the dangers caused by the exceptional situation, and must only last for the time strictly necessary.

X.That the National Law on Emergencies and Risk Prevention provides that in the case of a public calamity caused by acts of nature that cannot be controlled, managed, or dominated with the ordinary powers available to the Government, the Executive Branch may declare a national emergency in any part of the national territory, in order to integrate and define the responsibilities and functions of all agencies, public and private entities, and to provide a solution commensurate with the magnitude of the disaster.

XI.That by reason of the foregoing, the enactment of a legal framework is necessary to take the exceptional measures indicated by the Political Constitution and the National Law on Risk Prevention and Emergency Response, to address the effects caused by this hydrometeorological phenomenon and country.

45 and No. 46, and Tropical Storm Sara, during the days from November 1 to 18, 2024, in the following cantons: Province of San José: Pérez Zeledón, Turrubares, Aserrí, Puriscal, León Cortés, and Tarrazú; Province of Alajuela: San Ramón, Grecia, Atenas, Palmares, Naranjo, Zarcero, Sarchí, San Mateo, and Orotina; Province of Guanacaste: Nicoya, Santa Cruz, Carrillo, Cañas, Abangares, Nandayure, Liberia, La Cruz, Bagaces, Hojancha, and Tilarán; Province of Puntarenas: Puntarenas, Buenos Aires, Osa, Quepos, Golfito, Coto Brus, Parrita, Corredores, Garabito, Puerto Jiménez, Montes de Oro, and Esparza; and Province of Limón: Pococí.

(As amended by article 1 of executive decree No. 44786 of November 25, 2024)

a)Response phase (Fase de respuesta).
b)Rehabilitation phase (Fase de rehabilitación).
c)Reconstruction phase (Fase de reconstrucción).

All of which must be recorded in the General Emergency Plan (Plan General de la Emergencia) approved by the Board of Directors of the National Commission for Risk Prevention and Emergency Response, in order to be eligible for attention according to the concept of emergency.

8488, and in order to guarantee the priority attention of the most urgent impacts caused by the aforementioned hydrometeorological phenomenon, the following regulations are established for the compilation and evaluation of information pertaining to the damages caused by the event:

a)For the priority inclusion of recovery and reconstruction projects, the competent public institutions shall have a period of thirty calendar days from the effectiveness of this decree to submit, duly justified, the official report of damages requiring priority attention.
b)Upon expiration of the indicated 30-day period, the Technical Units of the CNE shall carry out the verification of the reported damages, in order to verify the causal link (nexo de causalidad) of the impacts for their due approval by the Board of Directors of the CNE.
c)The Board of Directors of the CNE issues the General Emergency Plan with those projects whose causal link has been duly verified.
d)The competent institutions may also submit damage reports caused by the event for an additional period of up to thirty calendar days following the first deadline indicated in subsection a) of this article, thereby meeting the two-month deadline stipulated by Law No. 8488 for the submission of the information. These reports shall be equally evaluated by the Technical Units of the CNE, which shall carry out the verification of the damages in order to verify the causal link within a period of thirty days following the e) Once the verification is completed, the Board of Directors of the CNE shall issue an extension of the General Emergency Plan based on all reports submitted and whose causal link has been duly demonstrated.

Likewise, they shall be authorized to execute their contributions in a coordinated manner, and for this task to be successful, they may take the necessary measures to simplify or eliminate procedures or ordinary requirements that are not strictly necessary to achieve a positive impact in favor of the affected persons and to facilitate the construction and repair of damages, without detriment to legality, as established by articles 4 and 10 of the General Law of Public Administration, in order to provide more efficient responses to the needs of the persons and families affected by this emergency. In cases where the actions require administrative contracting procedures, they are instructed to use the urgency procedures authorized by Law and regulated in article 66 of the General Law of Public Contracting and 166 of its Regulation.

7472 of December 20, 1994, "Law for the Promotion of Competition and Effective Defense of the Consumer," to prevent situations of shortage, hoarding, conditioning in the sale, and speculation of goods and services. Institutions of the Decentralized Administration are urged to apply this provision, according to their respective procedures.

8488, the emergency declaration shall be comprehensive to all administrative activity of the State, provided that they are strictly necessary to resolve the imperative needs of persons and to protect goods and services, when unequivocally there exists the causal link between the event causing the state of emergency and the damages caused in this effect, understood as those actions that are carried out within the framework of the National Law on Emergencies and Risk Prevention and the application of the Exception Regime comprehensive to the declaration of national emergency.

8488, is authorized to hire special personnel that it requires for determined periods and in accordance with the emergency declaration.

8488.

Given at the Presidency of the Republic, San José, on the 13th day of November, two thousand twenty-four.

National emergency declaration for the November 2024 hydrometeorological phenomenonDeclaratoria de emergencia nacional por fenómeno hidrometeorológico de noviembre 2024

Artículo 1 — A state of national emergency is declared for the situation caused by the Indirect Influence of Hurricane Rafael, Atmospheric Instability due to the Intertropical Convergence Zone, the passage of Tropical Waves No.

Artículo 2 — For the corresponding effects, the three phases established by the National Law on Risk Prevention and Emergency Response are included within this emergency declaration, namely:

Artículo 3 — All actions and works necessary to resolve the problems indicated in the considering clauses of this decree, to safeguard the health and life of the inhabitants, and to protect the environment are included within this emergency declaration.

Artículo 4 — For the execution of what is stipulated in article 38 of the National Law on Emergencies and Risk Prevention No.

Artículo 9 — The institutions of the Central Administration must execute all those pertinent legal actions in accordance with Law No.

Artículo 10 — In accordance with the provisions of Law No.

Artículo 11 — The National Commission for Risk Prevention and Emergency Response, based on what is indicated in article 15, subsection f) and 31 of the National Law on Emergencies and Risk Prevention No.

Artículo 14 — It takes effect upon its signing.

Artículo 2 — Para los efectos correspondientes, se tienen comprendidas dentro de la presente declaratoria de emergencia las tres fases que establece la Ley Nacional de Prevención de Riesgos y Atención de Emergencias, a saber:

Artículo 3 — Se tienen comprendidas dentro de esta declaratoria de emergencia todas las acciones y obras necesarias para poder solucionar los problemas indicados en los considerandos de este decreto, para salvaguardar la salud y vida de los habitantes y proteger el medio ambiente.

Artículo 14 — Rige a partir de su firma.

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