2019-03-27 Meeting Minutes (EMC)

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decking is April 25 or 26. At their April meeting they should have a good idea of what bills are actually moving forward. d. Review of the Commission’s table of Motions, Policy Recommendations, and Various Requests and discuss follow-up. Chair Bennett asked if any commissioner had an item on the table they wanted to bring attention to. The table is to help keep track of what they have done. If there is anything they want to bring attention to, just bring it up so they can take appropriate action. He will continue it on the next agenda. e. Continued discussion on changing Hawaiʻi County Code Section 2-207, which states that the Commission has a 45-day review period to submit comments and recommendations on legislation relating to the functions and duties of the Department of Environmental Management to the County Council, and that failure to act within the 45-day review period shall be considered as an unfavorable recommendations. Director Kucharski passed out a draft of possible changes to HCC 2-207 and said that as he reads the Code, the Council cannot take action on a bill prior to receiving a recommendation from the EMC. He suggested adding the word “final” before “council action” so a bill could go through a first reading before receiving a response from the EMC. What he does not want is to have important legislation held up because the EMC has not responded. The review time could be kept at 45 days, but with two conditions. If during the 45-day review period the EMC has met but not forwarded a recommendation, it would be considered an unfavorable recommendation. If the EMC had not met during the 45-day period, the recommendation would be neutral. Another alternative would be to change it from unfavorable to neutral if no response is received. It would be up to the EMC to decide. He had spoken with Councilmember Richards, who said he would have no problem sponsoring the changes. Motion and second: Commissioner Gaffney moved that they support the recommendation that the language be changed to include “and there has been an official commission meeting within the 45-day comment period,” and also the language “if there has been no official commission meeting within the 45-day comment period, such inaction shall be considered as a neutral recommendation.” Vice Chair Olson seconded the motion. Director Kucharski clarified that the Council requires two recommendations on bills—one from the director and the other from EMC, so it would just be the language regarding the EMC’s recommendation that would change. Vote: All commissioners voted aye. Director Kucharski said he would prepare something and send it to Corporation Counsel for review. If additional modifications to the language were needed, he asked the commissioners if they wanted it returned to them for review, and they said yes. 4