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HLPC Te~imony <br /> 70 June 2007 <br /> Re: 811151, D3 <br /> Based on our review of Bills 51 and 151 respectively and comprehensively, HLPC observes the following: <br /> • Bill 51, Draft 5 addresses exclusively the requirements necessary for compliance with the NFIP; <br /> • Bill 151, Draft 2 addresses the requirements necessary for compliance with the NFIP and includes <br /> additional requirements which appear to be arbitrary and unsupported by scientific and engineering <br /> considerations and which have served as the center of numerous discussions in the professional <br /> and private sectors questioning (including and not limited to) <br /> o Land use constitutionality, <br /> o Costs of implementation for both public and private sectors; <br /> o Impact on affordable housing and other goals stated by the Council and Administration; <br /> o Practicality of implementation; <br /> o Enforcement; and <br /> o Interpretation. <br /> Bill 151, Draft 2 and its proponents recommend that the effective date for proposed additional <br /> requirements that currently do not fully satisfy questions posed about implementation and interpretation <br /> be deferred until March 2008 to allow additional consideration to be given and time for the public and <br /> professional arenas (including County Departments of Planning and Public Works} to transition to new <br /> requirements proposed in a bill that "lacks two or three clauses that can be added later" (quote credited to <br /> Bruce McClure, Director of Public Works by reporter Jim Quirk in West Hawaii Todav, Thursday, August 23, <br /> 2007). <br /> HLPC fully supports adoption of requirements to ensure compliance with NFIP and referencing Chapter 27, <br /> Section 27-10 which reads in part that "The degree of flood protection required by this chapter is <br /> considered reasonable for regulatory purposes and is based on saentific and engineering considerations" <br /> to serve as the litmus test for the ordinance that is ultimately passed, HLPC strongly supports and <br /> respectfully recommends that the Council pass Bill 51, Draft 5 today to ensure compliance with the NFIP. <br /> HLPC strongly opposes Bill 151 and believes that scientific, engineering, and legal considerations must be <br /> made part of the comprehensive discussion for any additional requirements including and not limited to, <br /> those proposed in Bill 151 which "can be added later" to amend Chapter 27. <br /> There area number of individuals testifying before you today who join me both to support this <br /> recommendation; and to reiterate our continued support of, and commitment to, a collaborative effort to <br /> address concerns and refine flood control and storm water management to ensure health, safety, and <br /> protection of life and property. <br /> In closing, please pass Bill 51 and please reject Bill 151. Thank you for this opportunity to express our <br /> <br /> views and we look forward to Continuing to work with you on this matter. <br /> Respectfully submitted, <br /> Jacqui L. Hoover <br /> President <br /> Hawaii Leeward Planning Conference <br /> Page 2 of 2 <br /> <br />