COM 0393.051 2012-2014 - Laserfiche WebLink

Home

Margaret Wille .••.�17.,' !+, Phone No. Hilo: (808)961-8027 'r+' Phone No. Waimea: (808) 887-2043 Council Member ••cR'��;� �` �, �• ( ) District 9-North and South Kohala ..yL�'u• Fax No.: (808)887-2072 •i �•%'-,•fl i.: E-Mail: mwille @co.hawaii.hi.us ;,..1'. ..---.,..e ',: HAWAII COUNTY COUNCIL County of Hawai`i �'' ': Hawai`i County Building Holomua Center West Hawaii Civic.. rater gRP 25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 74-5044 Ane Keohokizlole H14;::: Hilo, Hawaii 96720 Waimea, Hawai`i 96743 Kailua-Kona, Hawcfg,967401'—`i "< TO: J Yoshimoto, Council Chair = 9- and Members of the Hawai`i County Council -o r,3 Ls FROM: iargaret Wille, Council Member DATE: September 20, 2013 SUBJECT: Proposed Amendments to Bill No. 113; Relating to Genetically Engineered Crops and Plants Please find attached proposed amendments to Bill No. 113. The amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 113; material to be deleted is bracketed and stricken through; material to be added is underscored. A draft copy of Bill No. 113, Draft 2, is attached with the proposed amendments incorporated. Bill No. 113 is amended to read as follows: "AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO GENETICALLY ENGINEERED CROPS AND PLANTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings. The public trust doctrine is memorialized in the Hawai`i State Constitution, Article XI, Section 1 "Conservation and Development of Resources," and in the Charter of the County of Hawai`i, Article XIII, Section 13-29 "Conservation of Natural and Cultural Resources." Pursuant to the public trust doctrine, our natural resources, including land and water, are entrusted to our care for the benefit of both current and future generations. The Intermediate Court of Appeals in Kaua`i Springs Inc. vs. Planning Commission of the County of Kaua`i, dated April 20, 2013, underscored the importance of the public trust doctrine and the associated precautionary principle. In Kaua`i Springs, the Intermediate Court of Appeals reaffirmed that the county government in its trustee capacity is subject to the precautionary principle and therefore must exercise a higher level of scrutiny in establishing reasonable measures and making appropriate assessments in order to avoid harmful impacts to our public trust resources. The Council therefore recognizes the right of the people and their government to guard against the intrusion of potential contaminants and prevent the contamination of non- Serving the Interests of the People of Our Island 3 �� Hawai`i County Is An Equal Opportunity Provider And Employer Comm. No 3•.3 Ref. To: ��-�ri� Ref. Date S 2 3 2 u l3