BIL 129 Draft 02 2012-2014 - Laserfiche WebLink

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r 4.. ' COUNTY OF HAWAII --. ," %.•• STATE OF HAWAII 6- ,,' N1.� ' rt Of _ BILL NO. 129 ORDINANCE NO. (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO A HYDRAULIC FRACTURING POLICY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose: The County Council finds that the following conditions necessitate the implementation of a hydraulic fracturing policy: (1) The negative consequences of hydraulic fracturing pose serious threats to Hawai`i Island's air, water, watersheds, aquifers, rivers, littoral zone, ocean, land, climate, forests, wildlife, domestic animals, and the public health, safety, and general welfare; and (2) The public natural resource trust doctrine as described in the State of Hawai`i Constitution, Article XI which states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land water, air, minerals and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self- sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people." and the Hawai`i County Charter, Section 13-29 which states: "For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people." (3) Although potential impacts from hydraulic fracturing may be currently under investigation by federal agencies, other states, academia, and research institutions, no independent scientific investigations are being undertaken or have been completed for the Island of Hawai`i to examine the risks of hydraulic fracturing to the island's unique geologic, geographic, and aquatic features; and