REP AWEEMC 016 2020/07/21 2018-2020

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AWEEMC-Ib Page 2 July 21,2020 a Director Riley Saito has been working on this topic as well, and had identified how climate change has affected or is a potential to affect the Hawaiian Homestead lands at Kawaihae, Maku'u and Keaukaha, as well affecting or potentially affecting the majority of high level residentials in low-lying areas,those of which are primary sources of our tax base in the County of Hawaii. i Corporation Counsel Joseph Kamelamela addressed Your Committee noting that his office had been reviewing this case for the past two years, with Deputies attending various statewide planning sessions. He stressed that the resolution presented is not binding, and it does not mean that the Corporation Counsel will comply, however if and when the appropriate time presents itself, they are prepared to get involved, which would likely mean hiring special counsel at a cost. Mr. Kamelamela also noted the varying differences in severity at present between the Island of Oahu and the Island of Hawaii; yet he assured Your Committee that he continues to keep abreast of the case by communication with this Corporation Counsel colleagues within the State of Hawaii. He also shared that in a lawsuit like this, being a brand-new accusation, many basic issues will end up being resolved through the 9h Circuit Court of Appeals, in addition to the complicated burden of proof when attempting to sue for damages. Mr. Kamelamela appreciated the resolution that would allow the opportunity to join the specific lawsuit if deemed I appropriate, and noted that it could also file an Advocate's Brief if warranted, however he believed it best to wait for other issues within the lawsuit to be resolved before taking any action. ' In the event a decision is made to join said lawsuit,the Corporation Counsel would come before Your Committee for further discussion. I Varying comments were shared by the Council Members, including the reality of it being { everyone's responsibility to work toward reducing our carbon footprint, the affects climate change is having on our cliffsides island wide, and the importance to support this lawsuit and lead by example through joining this lawsuit wherein the County of Hawaii could realize compensation for infrastructure damages due to the effects of climate change. Your Committee on Agriculture, Water, Energy, and Environmental Management is in accord with the purpose and intent of Resolution No. 681-20 and recommends its adoption. db AYES N®Es ABS Ex Respectfully submitted, CHUNG X DAVID X COMMITTEE ON AGRICULTURE, WATER, EOFF X ENERGY,AND ENVIRONMENTAL KANEALI`I-KLEINFELDER X MANAGEMENT KIERKIEWICZ X [V LEE LOY X "' E POINDEXTER X HERBERT M),M")RICIIf, CHAIR RICHARDS X AWEEMC REPORT NO.: 16 VILLEGAS X ADOPTED: AUG 0 5 2020