What emergency?

It’s been nearly a year since Super Typhoon Yutu wreaked havoc in October 2018, yet the CNMI remains technically and officially under a state of emergency and Rep. Tina Sablan (Ind-Saipan) wants to know why.

Speaking in yesterday’s session of the House of Representatives, Sablan questioned the continuation of the emergency declaration for the CNMI, pointing out that the emergency declaration had been active for a year already, and fears that it leaves the CNMI government open to abuse if left unchecked.

“…We are coming up on a full year since Super Typhoon Yutu,” she told Saipan Tribune. “My concern is that funds can be moved around with very minimal oversight and transparency under the guise of an emergency. Procurement regulations are suspended and contracts are sole-sourced. We’ve seen this before with previous administrations as well, where the emergency powers of the executive have been abused. I would worry about going down that road again.”

Gov. Ralph DLG Torres renewed the emergency declaration via Executive Order 2019-12. The emergency declaration for the CNMI was initially declared in late October 2018 and has been renewed every month since.

Rep. Ivan A. Blanco (R-Saipan) pointed out that the emergency declaration served its purpose in assisting residents through recovery. He noted that the price freeze that took effect alongside the emergency declaration made gas prices in the CNMI relatively less expensive than the neighboring island of Guam.

“…The [emergency declaration] helped a lot of families during Super Typhoon Yutu, in the areas of gas prices,” he said. “We’ve seen Guam’s fuel prices go up, but we are still [sub-$4]. I think that is a big boost for families recovering, as well as preventing spikes in prices for goods that are needed for recovery.”

The CNMI governor can only declare a price freeze after a state of disaster has been declared. It effectively “freezes” any form of price increase during a state of disaster and is also renewed on a monthly basis.

Regular gas currently goes for $3.94 by the gallon since the price freeze, while Guam’s gas prices have already climbed to a high as $4.52 in mid-June 2019.

Sablan noted that the governor is required under Public Law 3-68, Section 403 to submit a report to the Legislature about the nature of the emergency, plans for addressing the emergency, and any funding that might be needed for the emergency.

She said there should be some clearer direction as to how to get out of the state of emergency and back to the CNMI’s normal course of business.

“It’s been one year since [the initial emergency declaration] and no reports have been submitted to this body pursuant to the Planning and Budgeting Act as to the governor’s plans to rectify the emergency, justify the emergency, and any other action that might be taken…so that we can return to some state of normalcy,” she said during discussions.

“It is well within our rights to question that and well within our rights to challenge [the emergency declaration],” Sablan added. She urged the House to consult with the legal counsel on ways to examine whether the “infinite” emergency declarations are justified as well as “proper courses of action” following that.