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HomeMy WebLinkAboutMIN AWEEMC 2020/10/06 2018-2020 Committee on Agriculture, Water, Energy, and Environmental Management 19th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i October 6, 2020 CALL TO The regular meeting of the Committee on Agriculture, Water, Energy, ORDER: and Environmental Management was called to order at 1:05 p.m., in the Council Chambers, Hilo, by Mr. Herbert M. "Tim" Richards, III, Chair. ROLL CALL: Present: Mr. Herbert M. "Tim" Richards, III, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Ms. Karen Eoff, Member (via videoconference from Kona) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The Chair called Jerry Warren, who registered to speak regarding Comm. 1096, and came forward when called. CHR. RICHARDS: Thank you. Clerk, are there any more testifiers? MR. BROWN: That concludes testimony for your committee, Chair. CHR. RICHARDS: Okay, thank you. It is now 1:09. I'm going to close public testimony. We're going to recess for lunch, for 30 minutes. So we'll reconvene at 1:40. I'll stand in recess. Recess: At 1:09 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:48 p.m. CHR. RICHARDS: Okay, we are active. It is 1:48 p.m., calling this meeting out of recess and we are back in session. Clerk, Communication 1096, please. AWEEMC-19 October 6,2020 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 1096: REQUESTS A DISCUSSION WITH THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT REGARDING THE STATUS OF THE PROPOSED COMPOSTING FACILITY IN KEA`AU From Council Member Matt Kaneali`i-Kleinfelder, dated September 16, 2020. Motion to Close File: Mr. Kaneali`i-Kleinfelder moved to close file on Comm. 1096. Seconded by Ms. Lee Loy. CHR. RICHARDS: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Diane if you want to come up. (Note: At this time, Deputy Environmental Management Director Diane Noda came forward to address the members of the Committee.) MS. NODA: Good afternoon. Diane Noda, Deputy Director of Department of Environmental Management. MR. KANEALI`I-KLEINFELDER: Thank you for being here today. To start off, I attended the EMC meeting Environmental Management Commission meeting last week. And sorry, composting facility came up as part of the discussion on the agenda. And as I listened to the conversation, it sounded like there is no movement towards having it done. Or no permit pulled to date, that's what I got from the meeting. But they did end the meeting saying that they were going to be getting more details on where it stands, and what's happening from the Administration. I just wanted to follow up, because as far as I understood, it was supposed to be completed in June; and then possibly later this year; and then sounds like it's October and we still have no composting facility. So just wanted to bring you in and follow-up. And I know we discussed via email, so give me whatever you got. And then if we need to postpone, we can postpone. MS. NODA: Yeah. At this time I apologize, but I am unable to provide any update or information to the Council. And our department is requesting a two-week continuance, postponement, until the next committee meeting. And I'm quite sure that in two weeks we will have much more substantive information on the status, and an update for the Council. MR. KANEALI`I-KLEINFELDER: Okay. With that said, has a permit been pulled for the composting facility? Page 2 AWEEMC-19 October 6,2020 MS. NODA: I'm sorry, I don't know. MR. KANEALI`I-KLEINFELDER: You don't know? MS. NODA: I don't know. MR. KANEALI`I-KLEINFELDER: Okay. Has construction or anything started? MS. NODA: I don't know. MR. KANEALI`I-KLEINFELDER: Okay. Anybody else want to add to that, Greg, anybody? Okay. MR. CHUNG: Wait, wait. You finished? MR. KANEALI`I-KLEINFELDER: Yeah, if there's no information available, then I can yield. CHR. RICHARDS: Okay, with that, Chair. Your light's on. MR. CHUNG: Oh, yeah, thank you. Mr. Goodale, maybe if you can come up. I have to believe you have some information on this. I cannot believe there is no information. (Note: At this time, Solid Waste Division Chief Gregory Goodale came forward to address the members of the Committee.) MR. GOODALL Greg Goodale, Solid Waste Division Chief. As Diane said, at this point, you know, we're requesting a continuance to be able to come back and have additional information. As she said, in couple weeks' time, we think we can have that information being requested. MR. CHUNG: Well how about to the question that Matt asked. Has a permit been pulled? MR. GOODALL As I said, there's some additional information that needs to get put together, that we feel like we can answer all the questions kind of more comprehensively. MR. CHUNG: Okay, then let me ask this question. Is there any talk from highest levels of the Administration that this contract is going to get cancelled? MS. NODA: I'm sorry, we're not able to provide any information. MR. CHUNG: You don't know, or you guys are not permitted to give more information to us at this time? Page 3 AWEEMC-19 October 6,2020 MS. NODA: We're unable to provide any information. MR. CHUNG: So you don't know,then. You don't know the answer to that. MS. NODA: You know,there are so many moving parts that are moving, and so we are unable to provide you. We're not wanting to be reluctant or hesitant, or stonewalling. But there are moving parts that are moving, and so we are not able to provide information today. MR. CHUNG: Okay. I'm going to give you guys my perspective on this, and I think you guys all know how I feel about this thing. This thing long time ago it came up, when Margaret Wille was still over here. And I called this project the Margaret Wille project, no offense to my colleague over here. But she championed it, and we all rallied around it, this composting facility, okay, this project. Now when Mayor Kim guys came in, I asked this specific question of Mr. Kucharski during his confirmation. We have a composting project, are you in favor of it? "Yes." The answer was yes. Within two weeks of that time, the Mayor called to cancel the project. And there were written memos from Mr. Kucharski that predated him saying that he was in favor of this, you know, the project, that indicated otherwise. So I hope you guys understand that. I don't know who's telling the truth, and it's a history. Yeah, I mean all I want to know just tell me, you guys going to pull the project at least we understand. It's very easy to understand these things. But when things are secretive or when I get the idea that people not telling the truth, then it hurts me. So we've been going on for more than four years, already on this project. I think these two poor Puna people, I mean I can only guess what they must have been going through. Because I was telling people out in Puna, look, you know, after the lava came through and agriculture had to come back, I said well, fortunately the Mayor guys are moving towards this composting facility that we could use, possibly to kick start agriculture again in this area. I'm trying to back up the Mayor. It never came to fruition. We're nowhere closer to this project—well except maybe they changed the location from Hawaiian Homelands to Shipman. But this thing could be so good. I know there's some special interests who may be against it and things like that, but this Council was unified. We have the funding. I'm beside myself, really, yeah. So I just wanted to say those things, prefacing remarks, so you guys know how I feel about it when whoever it is, is going to comes back give answers to this thing, yeah. We may as well just let this thing go on to the next Administration already. That's what I think. Anyway sorry, but I'm very angry about this. Thanks. CHR. RICHARDS: Thank you, Chair. Any other comments? Page 4 AWEEMC-19 October 6,2020 MS. VILLEGAS: I have a quick question. CHR. RICHARDS: Rebecca. MS. VILLEGAS: Yeah, thank you. Is it possible to know the name of the contractor that was supposed to be doing the composting facility? MS. NODA: The contractor is Hawaiian Earth Recycling, often referred to by the acronyms, HER. MS. VILLEGAS: Hawaiian Earth Recycling. Where are they based out of? MS. NODA: Their main office is in Honolulu. MS. VILLEGAS: Okay. Thank you. CHR. RICHARDS: Okay. Thanks, Rebecca. Anyone else here? Matt, you have your light on. MR. KANEALI`I-KLEINFELDER: So I was reading through the Finance Committee today, and one of the transfers that happened was I think a $14 million contract for composting facilities on island. Is that the one that we have at the landfill right now? MR. GOODALL Greg Goodale, Solid Waste Chief. Are you referring to the CIP Budget? MR. KANEALI`I-KLEINFELDER: I do not believe so. Came across in our finance package earlier today. And this is a report of change orders authorized (see Comm. 10.47). Furnishing and implementing an organics diversion program for Department of Environmental Management, Solid Waste Division County of Hawaii. Original contract amount $14.3 million, cumulative total $5.5 million for Hawaiian Earth Recycling LLC. MR. GOODALL I think that refers to our Operating Budget, so that's just our day to day of them doing the grinding of the greenwaste. So it's a multi-year contract, so that's basically the cumulative amount. It's been ongoing since 2016. MR. KANEALI`I-KLEINFELDER: Same company? MR. GOODALL Same company, correct. MR. KANEALI`I-KLEINFELDER: But we don't know what they're doing for the composting facility. Page 5 AWEEMC-19 October 6,2020 MR. GOODALL Well what I can tell you, what they are doing is the operation of grinding greenwaste, so two very different things. MR. KANEALI`I-KLEINFELDER: Understood. But the company that's doing the grinding of the greenwaste at the county landfill, is the same company that's going to be doing the composting facility. Correct? MR. GOODALL Correct. MR. KANEALI`I-KLEINFELDER: And yet we don't know what's going on with the composting facility in Shipman. MR. GOODALL Correct. MR. KANEALI`I-KLEINFELDER: That's interesting. And I do have to appreciate what Chair Chung said which is very true. Which is, when the answer is "I can neither confirm or deny what's happening." Then you start to get that question mark in your brain, as far as what really is going on. Because as far as I knew the project was to be completed in June. So while I appreciate your answer, I do share Chair Chung's sentiments. And I don't have as much history on the Council as everyone else here, but I can say that I'm not impressed with the answer. I'm sorry. Okay, mahalo. I yield Chair. CHR. RICHARDS: Thank you. Any other questions? Seeing none here in Hilo, in Kona? Hang on a second. Rebecca you're in chambers, I cannot see if anybody else is. MS. VILLEGAS: All three of us are here. CHR. RICHARDS: All three. Maile or Karen do you have any questions or comments? MS. EOFF: Just to confirm in two weeks, we'll put this item back on the agenda? CHR. RICHARDS: We haven't gotten quite there yet. But that's what we have kicked around. Any other comments from Kona? MS. DAVID: No. Given the fact that there's no answers available today, I'm not asking any questions at this time. CHR. RICHARDS: Okay, thank you. Coming back, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yes, I'd like to make a motion to postpone Communication 1096 until October 20''. Page 6 AWEEMC-19 October 6,2020 Vote on Motion Mr. Kaneali`i-Kleinfelder moved to postpone Comm. 1096 to Postpone: to October 20, 2020. Seconded by Ms. Lee Loy and carried (Approved) by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Richards —8. Noes: None. Absent: Committee Member Poindexter— 1. Excused: None. CHR. RICHARDS: And I am going to ask Environmental Management to be sure we have very good answers on the 20'', with no postponement. Thank you. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (There were none.) CHR. RICHARDS: Moving on Clerk. What I'm going do now is, I'm going to be swapping, and Matt I'm going to have you take over the chairing of the meeting. But before we do that, can you read in Bill 207. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Page 7 AWEEMC-19 October 6,2020 Bill 207: AN ORDINANCE RELATING TO THE MANAGEMENT OF SOLID WASTE IN THE COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED): 1) CHAPTER 2, ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL MANAGEMENT); 2) CHAPTER 14, ARTICLE 20 (PLASTIC BAG REDUCTION); NEW ARTICLE 24 (LITTERING ); NEW ARTICLE 25 (CLEARING OCCUPIED AND UNOCCUPIED LOTS); AND 3) CHAPTER 20 (REFUSE), NEW CHAPTER 20 (INTEGRATED SOLID WASTE MANAGEMENT) Reorganizes and restructures provisions of the Hawaii County Code that apply to the Department of Environmental Management, updates certain provisions including qualifications for the Director of the Department of Environmental Management, and removes the solid waste disposal fee schedule, which would be added to the Department of Environmental Management's Administrative Rules. Reference: Comm. 1097 Intr. by: Mr. Richards (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 207 on first reading. Seconded by Ms. Lee Loy. CHR. RICHARDS: Before we get into this, I'm going relinquish the chair. There's been a lot of misunderstanding about this bill, and we'll go over it in here. But there is not a removal of the plastic bag ban bill, it's being reorganized. Environmental Management didn't exist when all this stuff was first put into the ordinance, so this is essentially primarily a housekeeping bill. But I'll let the record reflect that I'm turning the chairing over to my Vice Chair, Mr. Kaneali`i-Kleinfelder. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Mr. Kaneali`i-Kleinfelder. ACTING CHR KANEALII-KLEINFELDER: Mahalo, Chair. Let the record reflect that I have taken over as Chair for the meeting. Thank you for the gavel, sir. Mr. Richards, you want to lead the conversation, please. MR. RICHARDS: Thank you, Chair. First of all again, what I wanted to say this Bill 207 is a housekeeping bill to clean up some of our ordinance to make it reflective of today. I think some of the stuff was put into the ordinance back in the mid-90's, and again, it predated Environmental Management. Probably the most concerning and triggering the most response, is the removal out of Chapter 14 of the plastic bag ban bill, or reduction at the time. The reason for that Page 8 AWEEMC-19 October 6,2020 is because it's being put in Chapter 20. And the reason for that is to make this more streamlined and not to remove it, but just to reorganize it so it reads better. There are two things in this bill that I wouldn't call necessarily housekeeping, they're of substance. First it has to with the qualifications of the Environmental Management Director. Must have a degree in Environmental Management, or an associate degree. Which that one is a little bit fuzzy for me, but again, you have to have the credentials to be the Director. And the other one that was mentioned, when the Clerk was reading this in. It takes the fee schedule out of the ordinance, and puts into the Administrative Rules. We still have the public hearings, we still go through all that, but it does not come before Council. Those are the big changes in this in this. And we still have Environmental Management here, they can come in and comment on that. I know that Director is unable to attend today. But with that, Chair, I'd like to turn it back to the Council. And any questions, comments, concerns the time to air them. So with that, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Mr. Richards. Are there any other comments? Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. You know, I know this is done by request, and I think maybe Diane or AmyI just have more of a practical approach, right. I get it, its housekeeping, we're putting ithousing all of this in one section. And making sure all of our terminologies and our definitions, meet the current times. That being said, assuming that this makes it through first, second reading, passes the Council, we also have to adopt Administrative Rules around this. Is that correct? Maybe Amy or Diane, you guys can come forward. Thanks Diane. (Note: At this time, Deputy Director Diane Noda came forward to address the members of the Committee.) MS. NODA: Diane Noda, Deputy Director, Department of Environmental Management. Ms. Lee Loy, you are correct. We are in the process with our drafter, to be—we are in the process of fleshing out and completing many more Administrative Rules for the department. And our tentative time schedule for the 30-day notice and comment period, would be in a couple of weeks through to the end of November. MS. LEE LOY: So we're actually running this bill and the Administrative portions concurrently, so that they'll meet up together? MS. NODA: Hopefully, yes. We also have a proposal that was granted by the Water Board for water shut-off, which the County Code already allows for sewer non-payments, and that will be going for public hearing next month. Page 9 AWEEMC-19 October 6,2020 MS. LEE LOY: Okay. Thank you for that. Because I was actually watching that Water Board meeting, because water controls water, but we also control wastewater. So there's some kind of dovetailing of services as it relates to bill paying, right, and water shut-off, that has to be built into these Administrative Rules. MS. NODA: Yes. Because only Department of Water Supply can actually shut off the water, for sewer non-payment. And just a heads up, we also are working on housekeeping and amending Chapter 21, which is our wastewater chapter, and that would be before Council hopefully in two weeks. It was submitted last week. MS. LEE LOY: So all of these things these housekeeping policies, the rule-making around it. We're trying to converge all at the same time, so they're all put together and stood up at the same time. And I'm MS. NODA: Yes. It's a really big task, and we've been very fortunate that Amy Self has been willing to be hired on as our drafter. Because she was the attorney for the department, for many years. So yeah, hopefully all the stars line up and it will get done this calendar year. MS. LEE LOY: Okay, great. I don't know if this is a question for our Clerk. Because I believe rules related to DEM actually has to go back down to the Commission. And so is it a motion to approve, or has this gone through the Commission already? MS. NODA: No, not yet. MS. LEE LOY: Or maybe Tim, the process of this. CHR. RICHARDS: Chair, can I answer? ACTING CHR KANEALI`I-KLEINFELDER: Okay. MR. RICHARDS: Thank you. Yeah, Ms. Lee Loy, if you recall earlier this year we put forth some legislation that allowed concurrent working on this bill while Environmental Management is reviewing. So what we will do, is the intent today is to take this piece of legislation. There's an amendment coming forth. And then refer it to Environmental Management Commission for its review while we concurrently work on it going forward. But we cannot take the second vote, and the final vote of this until we have it back from Environmental Management Commission. So it will happen concurrently. MS. LEE LOY: Great. My questions have been answered. Chair, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Okay. Page 10 AWEEMC-19 October 6,2020 MS. NODA: May Ioh, I was going to address Mr. Richards' question regarding the Director's qualifications, if I may. MR. RICHARDS: Chair? Yes, I'd love to hear but ACTING CHR KANEALI`I-KLEINFELDER: Go ahead. MS. NODA: Sorry? I can't even hear. ACTING CHR KANEALI`I-KLEINFELDER: It's okay, go ahead. MS. NODA: Okay. To answer Mr. Richards' question. Amending the language regarding the Director's qualifications in Sections 2-201, and 2-202 in this proposed changes to the County Code will make the language consistent with what is already set forth in the County Charter. ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Diane. Thank you. Chair? MR. RICHARDS: Okay. So with that, thank you. So Chair, I would like to propose an amendment to Bill 207 with the information contained Communication 1097.1, it was delivered to you. And essentially is more housekeeping, of the housekeeping. I move to amend with Communication 1097.1. Motion to Amend: Mr. Richards moved to amend Bill 207 with the contents of Comm. 1097.1. Seconded by Ms. Lee Loy. ACTING CHR KANEALI`I-KLEINFELDER: Is there any discussion on the amendment? MR. RICHARDS: Just real quick. We wanted to get this in, and you can see it's basically grammar, so it's all contained in one document when we send it to Environmental Management Commission. With that, I ask for your support. ACTING CHR KANEALI`I-KLEINFELDER: Is there any discussion on the amendment that was provided? Seeing none, all in favor. Page 11 AWEEMC-19 October 6,2020 Vote on Motion The motion to amend Bill 207 with the contents of to Amend: Comm. 1097.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: And back to the main motion. Bill 207 as amended with the contents of Communication 1097.1. Is there further discussion on Bill 207 as amended? MR. RICHARDS: Do I need MS. VILLEGAS: Yes, please. ACTING CHR KANEALI`I-KLEINFELDER: I'm going to give Ms. Villegas the floor since we've spoken on this side. Ms. Villegas, go ahead. MS. VILLEGAS: Thank you. First off, thank you, Mr. Richards for clarification. Unfortunately this caused a lot of panic, for a lot of people in the last couple of days, and especially the last 24 hours. Just a couple of things. Having the opportunity to kind of go through this document as best as I could, I'm grateful to hear that this is going to go from here also to the Environmental Management Commission. So we'll be concurrently working on things. There's a couple of things I noted, though. One of the questions that I had is, you know, saying that the Director shall have a minimum of five years Administrative experience in a related field, and either an engineering, or a degree in a related field. I'd like to make a suggestion that the Environmental Sciences be included in this. There are new technologies and opportunities to manage our waste streams in so many better capacities than what we have been doing here in the county. And I'm hopeful that including potentially something around the lines of the Environmental Sciences, and I'm not exactly which terminologies would be best there, but beyond just engineering, I think it's important that we take into consideration some of the other sciences. And also in Section 2-202, it says "Powers, Duties and Functions." I noticed that it's been added in, "The Department of Environmental Management shall manage solid waste, wastewater, and recycling programs of the County, exercise other functions as prescribed by the Mayor or prescribed by ordinance." And I Page 12 AWEEMC-19 October 6,2020 wondered if somebodyI just wondered at the reasoning for including that in there specifically. ACTING CHR KANEALI`I-KLEINFELDER: Ms. Noda, is coming up to the floor. MS, VILLEGAS: Thank you, Ms. Noda. My apologies. It's awkward trying to call people to testify at this broad distance. Thank you for being here. MS. NODA: You're welcome. For the amendments to the County Code, for the Director's qualifications and powers, duties, and functions, it mirrors the language of the County Charter. And so any amendments to the language in our proposed code would then be inconsistent with what is in the Charter. MS. VILLEGAS: Thank you, that's very helpful for myself and for many other people watching this meeting today. My other question is, I notice in the next section, "Divisions within the department,"recycling is added to the programs listed under the Solid Waste Division. I'm assuming that is related to us not having recycling programs prior when this was initially written. Is that correct? MS. NODA: Yes. MS. VILLEGAS: Okay. Is there opportunity or necessity to include composting? MS. NODA: That would be recycling; fall under the big umbrella of recycling. MS. VILLEGAS: Composting falls under recycling. Thank you. And then I wondered if there was an explanation for why the Solid Waste Division was transitioned from being the second listed to being the first with wastewater coming after. MS. NODA: The first where? I'm sorry. MS. VILLEGAS: One of the changes is within Section 2-203, divisions and departments. "The Department of Environmental Management shall be divided under the Director into the following divisions:" In the prior version wastewater division was listed first, and then this new edited version, Solid Waste division is listed first with wastewater second. MS. NODA: I believe that would just be a change to put them in alphabetical order. MS. VILLEGAS: Right, thank you. You know, well thank you right now for your patience, with these what may seem manini issues and questions. But in this time and this era of deluge by the petroleum industry and the chemical industries to lobby, petition, and make changes to legislation in different capacities, it's just Page 13 AWEEMC-19 October 6,2020 become really imperative that we go through each and every one of these things, so the constituents of this island understand the hows and the whys and that there are no loopholes here. So I just want to thank you for that. When we go into the repeal provision regarding the plastic bag reduction, I noticed that Section 14-115 you can find it being moved into Article 20. However under section 14-116 under the definitions, I see nowhere listed that reusable bag is then included in the list of definitions in this new version. Can you explain why reusable bag is left out then, in the definitions? MS. NODA: If I could have a minute. MS. VILLEGAS: Sure. MS. NODA: I'm going to defer to Amy Self, since she worked on the specifics. (Note: At this time, Office Assistant Amy Self came forward to address the members of the Committee.) MS. SELF: Hi, Amy Self. Okay, the definition section if those specific words are not used within the text, it would not be a definition—it's not a defined term. So I don't know for sure, I would have to go look at it to see if that's the case. But if it's not a listed definition, a term defined, it's probably because it was not used within the text. MS. VILLEGAS: Okay, thank you. I appreciate that. I just was kind of trying to double-check on everything to make sure that was all included in there. My other question then, and I wasn't able to find it in the new version. But Section 14-117 Administration, can you point out where that's utilized, or where that falls under in the new version. MS. SELF: I'm sorry, could you ask your question again? MS. VILLEGAS: In the listed, in the repeal provision section on page 15, under Section 14-117, is the title Administration. And there it says the director of department of environmental management shall administer this article including providing education and enforcement and shall administrative rules including defining permissible bags and establishing penalties pursuant to Chapter 91 Hawaii Revised Statue by July 16, 2013. Now on page eight, under article two ofI'm sorry, I'm messing with these pages of Chapter 20. It then says "Administration," and then "Jurisdiction" and then "Adoption of rules," but there isn't any direction about the Director of Department of Environmental Management administering. Okay, this just says the Department shall have jurisdiction over administer all matters covered by this chapter. So that's an equitable kind of just transition and terminology? Page 14 AWEEMC-19 October 6,2020 MS. SELF: That's because we moved into Chapter 20. The Administration has authority over everything that's in Chapter 20. So the plastic bag article is just like any other article under Chapter 20. It's just that we're putting everything that applies to Solid Waste Division under Chapter 20. MS. VILLEGAS: Okay, thank you. I appreciate that. And I the last one that didn't show up anywhere else, was Section 14-119(b). And I think I answered my own question last night on this, is that, "Businesses that make plastic checkout bags available for purchase,"they may make plastic until January 17, 2014, so there was no need for that to be included in the new version. MS. SELF: Correct. MS. VILLEGAS: Because that date has passed us by. MS. SELF: Right. MS. VILLEGAS: Thank you for taking the time, and the attention to explain all these parts and pieces and the transitions. I really appreciate that. And I look forward to following through with the rest of this process, as we navigate moving it through the EMC (Environmental Management Commission) and through the rest of Council. So thank you, for your time and attention to these details. ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Ms. Villegas. Is there anyone else in Kona who would like to talk, Maile or Karen? MS. DAVID: Thank you, Chair. My questions have been answered. ACTING CHR KANEALI`I-KLEINFELDER: Okay. Aaron, go ahead. MR. CHUNG: Thank you. Yeah, I just wanted to address some of the issues that were brought up by Ms. Villegas, and provide some kind of explanation. Particularly as they relate to "reusable bag." And I know Amy already stated that you know, that term wasn't mentioned in the text of the legislation, the original one. What probably happened I'm guessing, is this thing went through various amendments. So when it first started there was reference to reusable bags within the body of the legislation, but at some point it was taken out. But they forgot to take out the term from the definition. That's my guess, I wasn't around. But I've seen that happen in other, you know,pieces of legislation that go through numerous amendments. So again, that's my guess. But the other one I wanted to touch upon was, the qualifications of the Director. And as was stated by the Department, you know, this is just to make the language in the ordinance mirror that that's contained in the Charter. But it actually raises some good points. You know, Rebecca stated that maybe we should allow those in the Environmental Sciences to qualify as well. And that's been an issue, Page 15 AWEEMC-19 October 6,2020 because I remember one time when Bobby Jean Leithead-Todd came up for appointment, and maybe Val and Karen might have been on the Council at that time. And based on the ambiguity of the qualifications, you know, a degree in a related field. What is a degree in a related field to engineering? Who the heck knows what that is, right? So I think ultimately she was approved as a lawyer, and she had previously served as a department head under a different Administration. But I think it probably would be a worthwhile thing for one of the members, and maybe Ms. Villegas you might be perfect person to do it, to come up with a Charter Amendment. Because this one might be a bit too restrictive, either it's restrictive or it's ambiguous. Yeah, so, and both are not good things. Because we want to have more people qualify for this job, because ultimately it's going to be the Council that vets that person. You know, you don't want an unqualified person, but at the same time you want to be able to have more people qualify for the job than not. So that's just my thought. So you know, she did bring up that point and it did raise an interesting issue. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung. Is there further discussion on Bill 207? Okay. MR. BROWN: If I may, Mr. Chair. ACTING CHR KANEALI`I-KLEINFELDER: Yes, Mr. Clerk? MR. BROWN: Being that Chapter 20 of the code is being amended, the bill will have to be referred to both the Director and the Environmental Management Commission. So we'll need a motion to set that in play. MR. RICHARDS: Chair? ACTING CHR KANEALI`I-KLEINFELDER: Yes. MR. RICHARDS: Yeah, that was going to be a question if we did it now, or if we send it after it goes to Council. But I guess we can send it now. So then I will move to send Bill 207, as amended, to Environmental Management Director and Commission for review while we concurrently work on it going forth into Council. Page 16 AWEEMC-19 October 6,2020 Vote on Motion Mr. Richards moved to refer Bill 207, as amend to Draft 2, to Refer: to the Environmental Management Director and Environmental (Approved) Management Commissions pursuant to Section 2-207, Hawaii County Code. Seconded by Ms. Poindexter. Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: So, back to the main motion, Bill 207 as amended with the contents of 1097.1. Any further discussion? All in favor? Vote on Bill 207: The motion to recommend passage of Bill 207, as amended Draft 2 to Draft 2, on first reading was carried by the following (Approved) voice vote: Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: Nine ayes. ADJOURN- There being no further business, at 2:30 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. Page 17