2018-07-26 Meeting Minutes (EMC)

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5. NEW BUSINESS a. Discuss and adopt a policy on how the Commission may comment on environmental assessments, environmental impact statements, and government documents and communications. Chair Bennett explained this agenda item is an attempt to expand the EMC’s involvement. He has asked the secretary to make sure all commissioners receive The Environmental Notice that comes out of the State Office of Environmental Quality Control, which shows what is happening on each island. A recent issue got his attention, as it was for a proposed commercial center on NELHA land. The project proposed to have a gas station, small restaurant, restrooms, and a septic system. There were no details in the EA on how the septic system would be installed, and he is concerned that a state agency known for innovation and research and development chose to hand the issue of wastewater management to the contractor, and the contractor has done what contractors do. It occurred to him that the EMC has opportunity to comment on these projects, although it could be outside their scope of work to do so. The question before them is whether they want to be able to look at EAs and EISs that get their attention from the broader perspective of environmental management, even though it is outside the immediate scope of their charge, and assume an advisory role. If they cannot do so directly to the authors of the EA, the only option would be to provide their advice to the DEM director and ask him to communicate it to the project proponents. He asked the commissioners if they would like to become more proactive in this regard. Commissioner Gaffney said he would like to hear from counsel with regard to their limitations, and Mr. Yoshimoto said Chair Bennett stated accurately that the EMC advises the director, and the option he spoke about is doable. The commissioners can also write letters on their own behalf as citizens, but not as a commission. Their duties are in the Charter and County Code. Commissioner Gaffney asked whether their responsibility is also to advise the County Council, as it was his understanding that when legislative issues come before the Council that would attract their attention, they are able and obliged to comment. Mr. Yoshimoto explained that the EMC was created by a referendum, meaning the voters created it. The Department of Environmental Management was cleaved out of the Public Works Department, and this happened with overwhelming public support. The expectation is that the EMC would speak for the public wherever they could through the director, the Mayor’s Office, and the Council. The EMC was created by ballot initiative, and in that sense it is different from other agencies in the Charter. To answer Commissioner Gaffney’s question, Section 2-207 of the Code specifically states that the commissioners shall provide comments and recommendations on these matters to the Council. Chair Bennett asked for clarification. If something is occurring in the community that is not before the County Council, is the EMC, in its official capacity, precluded from