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BIL 129 Draft 01 2012-2014
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BIL 129 Draft 01 2012-2014
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Last modified
9/20/2013 4:32:01 PM
Creation date
9/3/2013 11:32:05 AM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2012-2014
Bill/Resolution
129
Draft
01
Introducer
Brenda J. Ford, Council Member
Referred To
AWESC
Action 1
AWESC-11: Recommends passage of Bill 129 as amended to Draft 2, on first reading - 9/17/13
Document Relationships
AGE AWESC 2013/09/17 2012-2014
(Related)
Path:
\Council Records\Agendas\2012-2014\Agriculture, Water, & Energy Sustainability Committee (AWESC)
COM 0421.000 2012-2014
(Related To)
Path:
\Council Records\Communications\2012-2014
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COUNTY OF HAWAII STATE OF HAWAII <br /> BILL NO. 129 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 <br /> (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO A <br /> HYDRAULIC FRACTURING POLICY. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Findings and purpose: The County Council finds that the following <br /> conditions necessitate the implementation of a hydraulic fracturing policy: <br /> (1) The negative consequences of hydraulic fracturing pose serious threats to Hawai`i <br /> Island's air, water, watersheds, aquifers, rivers, littoral zone, ocean, land, climate, forests, <br /> wildlife, domestic animals, and the public health, safety, and general welfare; and <br /> (2) The public natural resource trust doctrine as described in the State of Hawai`i <br /> Constitution, Article XI which states: <br /> "For the benefit of present and future generations, the State and its political <br /> subdivisions shall conserve and protect Hawaii's natural beauty and all <br /> natural resources, including land water, air, minerals and energy resources, <br /> and shall promote the development and utilization of these resources in a <br /> manner consistent with their conservation and in furtherance of the self- <br /> sufficiency of the State. All public natural resources are held in trust by the <br /> State for the benefit of the people." <br /> and the Hawai`i County Charter, Section 13-29 which states: <br /> "For the benefit of present and future generations, the county shall conserve and <br /> protect Hawai`i's natural beauty and all natural and cultural resources, including <br /> but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, <br /> historic sites, and historic structures, and shall promote the development and <br /> utilization of these resources in a manner consistent with their conservation and in <br /> furtherance of the self-sufficiency of the county. All public natural and cultural <br /> resources are held in trust by the county for the benefit of the people." <br /> (3) Although potential impacts from hydraulic fracturing may be currently under <br /> investigation by federal agencies, other states, academia, and research institutions, no <br /> independent scientific investigations are being undertaken or have been completed for the <br /> Island of Hawai`i to examine the risks of hydraulic fracturing to the island's unique <br /> geologic, geographic, and aquatic features; and <br />
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