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Home My WebLink AboutCOM 0029.000 2020-2022Ashley L. Kierkiewicz Council Member District 4 Puna MEMORANDUM DATE: TO: rROk SUBJECT: Office: (808) 961-8265 Fax: (808) 961-8912 ashley.kierkiewicz@hawaiicounty.gov HAWAII COUNTY COUNCIL Hawaii County Building 25 Aupuni Street • Hilo,. Hawaii 96720 November 9, 2020 Aaron S. Y. Chung, Council Chairperson And Members of the Hawaii County Council Ashley L. Kierkiewicz, Council Member Hawaii State Association of Counties (HSAC) Meeting Minutes and Treasurer's Reports Attached you will find the HSAC Executive Committee Meeting Minutes from meetings held on September 28`h as well as copies of the HSAC Treasurer's Reports from July and August 2020. This written request is submitted with my approval that this matter can be placed onto the next appropriate agenda for review. ib Att. Comm. No.-Sq o.2q Ref. To: 0 0 z ez Ref. Date_ �I�.V.02 Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer Hawaii State Association of Counties (HSAQ a Counties of Kauai, Maui, Hawaii and City & County of Honolulu . 5 `0 SKing Street, Honolulu, HmN.ail 96813 (808' '768--5032 ivwi�..liai;.ia'icoLitities.co County of Kaua'i: Mason Chock:.:Alternate Council Member, County of Kaua'i County of Hawai'i: Secretary Ash'.ey Kierkiew:cz.:. Council Member, County c f:;H 'wai'i County of Maui: Treasurer Kelly King Council Member, County of Maui Others Present: Chair Emeritus Ikaika Andersson..° City & County of Honolulu: Tamara Paltin, Council Member= County of Maui Linae Cruz, Office of Council Services City and County of Honolulu Aida Kawamura, Legislative Assistant, Office of Council Services, County of Kaua'i Shelly Espeleta, Legislative Analyst, Office of Counci Services, County of Maui Anela Keko'olani, Administrative & Committee Analyst, Office of Joey Manahan, City and County of Honolulu FAS sor�p . r <3 2 O" COUN��h George White, Office of Council Services City and County of Honolulu Kamakana Watanabe, Office of Council Services City and County of Honolulu Hayley Cook, Nicole Kahinu, Trish La Chica, Josh Stanbro, and Jon Okudara II. APPROVAL OF AGENDA Treasurer King moved to approve the agenda, with a second by Secretary Kierkiewicz. The motion to approve the agenda of the September 28, 2020 HSAC Executive Committee meeting carried unanimously. III. APPROVAL OF MINUTES Council Member Chock moved to accept the minutes of the HSAC Executive Committee meet- ings from April, May, June, July and August. There was a second by Treasurer King. The motion to approve the minutes from the HSAC Executive Committee meetings April to Au- gust carried unanimously, with Treasurer King voting yes with reservations. IV. REPORTS A. Treasurer's Report: July & August 2020 Treasurer King provided the reports for July and August 2020 (attached). Treasurer King shared there were four responses statewide from the RFP that was issued. She noted the difficulty of securing a vendor to perform the work, as they have requested to see previous audits, which were not completed. Motion by Secretary Kierkiewicz, second by Council Member Chock to file the July and August 2020 Treasurer's Reports. The motion to approve carried unanimously. 3~ NTE ASSOC{V i :<1 13 ! x y: cou�+�`�` B. County Reports City & County of Honolulu - President Manahan introduced Chair Emeritus Ikaika Anderson - retired from the Council. Chair Anderson shared he spoke with Council Member Riki Hokama of Maui regarding the HSAC Executive Director position. He shared Council Member Hokama as- sured him that he's willing to work with Linae Cruz, the HSAC Executive Committee, and HSAC as a whole after he leaves the Council. Chair Anderson shared Council Member Hokama said executive director training for Ms. Cruz was available from NACo, and that he would be comfort- able having Ms. Cruz serve as the executive director in an interim capacity. Chair Anderson said Council Member Hokama would work with the EC to bring in contacts from NACo and be of as- sistance for any items/issues HSAC may face. Treasurer King wondered about the discrepancy with Council Member Hokama's comments re- garding the HSAC Executive Director, recalling what she shared at the last EC meeting about his being a.pprehensive and unsupportive of the idea. Chair Anderson said Council Member Hoka- ma never said he was opposed to hiring an Executive Director, but did share that if HSAC was to move forward with hiring an ED, there should be dialogue among EC and all member counties should contribute financially. He said Council Member Hokama was comfortable with Ms. Cruz and would be happy to help serve in an interim capacity. He said Council Member stressed C&C should not have to shoulder full cost burden of an ED. Council Member Chock asked for clarification if Ms. Cruz was serving as interim ED. President Manahan said Ms. Cruz's role is administrative, that there was no formal title. He said she was available to help HSAC get things done, and that she's dedicated to helping with all HSAC mat- te rs. County of Hawai'i - Secretary Kierkiewicz expressed gratitude and appreciation for Chair Ander- son's time and service on the Council and ongoing work to assist HSAC. Secretary Kierkiewicz said that like all counties, focus was on emergency response to COVID-19 and spending CARES Act monies. She noted climbing deaths suffered at the Yukio Okutsu Veterans Home and Mayor Harry Kim's recent efforts to stand up an Incident Command Center to better coordinate County, State, and other agency actions to respond to and mitigate the novel coronavirus. She said the Council recently passed an overhaul of the construction code and realigned the building, elec- trical, and plumbing permit process. She said the Council was also considering passage of a fis- cal impact analysis for bills for ordinances. County of Kaua'i - Council Member Chock also thanked Chair Anderson for his service and con- tributions. He shared that Kauai's county plans are near completion. He noted that work was un- derway to finish up._a housing amendment and that the Council passed mixed use and residen- tial code updates. He shared he was looking into an enabling ordinance that would require visi- tor parking fees at county parks. He said Kauai was looking at how to respond to the Oct. 15 re- opening date, including piloting some kind of testing program. assOel Pa, ae, 14 h� h. County of Maui - Treasurer King said Maui was providing a lot of COVID-19 response program- ming for business and residents. She said Maui was moving forward with the Persisus tracing application, but there was a need for more contact tracers. She said Maui voters are contemplat- ing seven charter amendments. She noted a climate change drawdown effort to plant 10,000 trees next fiscal year. Council Member Paltin discussed ongoing efforts to close/address loopholes in Maui's STVR or- dinances. She said Maui has the most legal STVRs of all counties and was working to prevent stacked zoning as well as create more long-term residential housing. She said work was under- way to increase tracing and testing on Maui, and that council members have given input, which the Mayor takes under advisement. She said it was difficult to keep track of who is doing what. President Manahan noted that all counties and residents are still struggling. Motion by Treasurer King, second by Council Member Chock to file the County's Reports. The motion to approve carried unanimously. C. National Association of Counties (NACo) Report There was no report at this time. D. Western Interstate Region (WIR) Report Treasurer King shared she attends WIR meetings with Council Member Tim Richards. She said there are good presentations from other jurisdictions of how they are spending CARES money and they have dashboards to show progress. She said Maui is not so efficient. She talked about PILT money (Payment In Lieu of Taxes)k and how Maui and Hawai'i.counties get these monies. She said she wanted this put in federal budget on a permanent basis, but that our congressional delegation was not yet fully onboard. Secretary Kierkiewicz asked if Ms. Cruz could take on obtaining progress reports from NACo reps to be shared at EC meetings. President Manahan agreed. Ms. Cruz noted she would work to do this. Treasurer King said she could provide the EC with a copy of the report that is filed at WIR meetings. A motion to file the NACo and WIR reports was made by Council Member Chock, with a second by Secretary Kierkiewicz. The motion carried unanimously. EAS 0 . Page, 1 5 !,t y. O�COUIB'�� V. NEW BUSINESS A. Overview of 2020 HSAC Legislative Package from Jon Okudara See final report (attached). B. Countv Sustainabilitv Coordinators Network and Legislative Priorities Presentation by Josh Stanbro See presentation deck (attached). C. 2021 HSAC Legislative Package Proposal Submittals from Kaua'i County Council Member Chock said Kaua'i is still interested in pursuing legislation around an AV task force, getting U -Drives to pay their fair share of fees, and to collect back fees/penalties for new registrations. D. 2021 HSAC Legislative Package Proposal Submittals from Maui County Treasurer King as for clarification of the legislative package process. Ms. Watanabe noted that the bylaws don't mandate how this should be done - just that package needs to be approved by HSAC and the counties. She said that if a county would like for something to be a council proposal, then the county must pass a resolution, but that individual council members could send things directly to HSAC for consideration and inclusion in the legislative package. Treasurer King said Maui's proposals were approved by Maui Council. Proposals include in- crease percentage of liquor fines funding going to liquor -related education programs as well as alcohol treatment programs; supporting a single payer healthcare system; authorization of counties to regulate rental vehicle companies and have a cap on how many are allowed; ex- tension of GET surcharge; update Sunshine Law to include conducting virtual meetings. E. 2021 HSAC Legislative Package Proposal Submittals from Hawai'i County Secretary Kierkiewicz shared given the State's dire financial situation, Hawai'i County wanted to explore what was doable and connect with Finance Chair Sylvia Luke and Ways & Means Chair Donovan Dela Cruz. She noted it was critical for HSAC to keep an open mind and be realistic about what can be achieved. Mr. Okudara appreciated the approach and noted it would be helpful if the money committee chairs could provide parameters for HSAC to work in, as the focus for the upcoming session would be money and the lack thereof. F. 2021 HSAC Legislative Package Proposal Submittals from, Citv & County of Honolulu President Manahan shared Honolulu would like to address regulation of vaping, the intro- duced Trish La Chica, Policy and Advocacy Chair of the Hawai'i Public Health Institute to make a presentation on the tobacco policy landscape (see attached presentation deck). President Manahan stated the deadline to consider proposals to include in the 2021 HSAC EA SSOC. h O�COUP%�� Legislative Package would be the next EC meeting (Oct. 26, 2020). G. Grantina Ms. Linae Cruz access as the Master Admin for Quickbooks This matter was deferred to the October 2020 EC meeting. H. Discuss vision and venue of the 2021 HSAC Annual Conference Secretary Kierkiewicz said Hawai'i County is happy to host the next conference since 2020 could not happen due to COVID. She shared an in-person conference is preferred but not at the risk of public health and safety, and that should in-person not be possible - the Hawai'i County would shift to hosting a virtual event. Treasurer King appreciated the time and energy being put into planning the 2021 conference and shared she attended virtual conferences that turned out to be quite good. She noted that her husband was a featured speaker for a biofuels conference and that he needed to send in a pre-recorded presentation, which she thought was a good idea as it prevented people from going over their allotted time. Secretary Kierkiewicz noted the Hawai'i Energy Conference being done virtually and being successful, and appreciated Treasurer King's suggestion as a way to keep the virtual event on track and on time. Secretary Kierkiewicz said the county would work closely with Ms. Cruz to discuss ideas and begin planning efforts. I. Discuss concept of hosting featured speaker at Executive Committee meetings Secretary Kierkiewicz asked if at the beginning of each meeting some time could be dedicat- ed to hosting a speaker in a hot topic area in an effort to foster greater understanding and dialogue around issues impacting the islands. She suggested the counties could take turns securing a speaker. Treasurer King agreed with this concept, and noted that this was something HSAC did in the past and was for reinstating this. Secretary Kierkiewicz said it would be great to work with Ms. Cruz to identify a schedule and work out logistics. J. Joev Manahan to serve as NACo Representative Motion by Secretary Kierkiewicz, second my Council Member Chock to have President Mana- han replace Chair Emeritus Ikaika Anderson as representative to the NACo board. The motion carried unanimously. President Manahan shared the counties needed to pass resolutions to formalize the appointment and that C&C would send letters to Council Chairs requesting to take action. �~ y.�pTa assor�q . a p r7 III 1 al h a�COUH�� VI. ANNOUNCEMENTS A. Scheduling the next Executive Committee meeting The Executive Committee will next meet virtually on Monday, October 26, 2020 at 10:30a.m. B. Other announcements There are no announcements at this time. VII. ADJOURNMENT Secretary Kierkiewicz motioned to adjourn the meeting, with a second by Council Member Chock. The motion carried unanimously. President Manahan adjourned the meeting at 1:01 p.m. Council Member Ashley L. Kierkiewicz Secretary, Hawai'i State Association of Counties HAWAII STATE ASSOCIATION OF COUNTIES Treasurer's Report REVENUES COLLECTED AND EXPENSES PAID Period: July 1,. 2020 through July 31, 2020 1IBEGINNING BALANCE $110,77919 July FY 2021 FY 2021 F 'Current Period Year to Data s . Budget .... REVENUES 2 Membership Fees .. w.0 w�� w... _..�ww �� w $0.001 $0.00 $43,680.00 ; 3 Conference Income $0.00 i._.�....... �4 1 Interest Income$2.13 ....$0.00 $2.131 $0.00 ` ......_._............... $35.00 5 Miscellaneous $0.00 ' $0.00 $0.00 Im .�. 61 NACo Prescription Drug Marketing Fee H...M.....................v........................._ .....�.V . $0.00 $0.00: $500.00 .......,..,.._ ......................... ................................. ...._....................................... .......................... ..,..� ._..� �. � , �w -� -w � 71 Fund Balance, prior FY 1 $0.00 � w $0.00 $95,257.00 t 8Total $2.131 $2.13 _$139,472.00 1 9'Total Revenues This Period F $2.13 EXPENSES :. }Executive Committee (EC) l 1 w �-. IO EC Travel -Air, Ground, Lodging, Registration ...............r.....w...-wvv.,w.•-------------r........w-...........-.v......svv.r.........r......,vn-wa,n-.....wv+vwv+..n $0.00$0.00 � � vnwwwnvxiw.,w.wnrw ' $28,600.00 f .w.w.rmww..x.w.rw..w...,.. 11 EC Auditing/ Professional Services $1,34$,96 i 12 EC Meeting Supplies $0.00 E $1,348.96 € $0.00 $6,000.00 $1,730:00. ww 131EC Online Quickbooks Annual Fee Special Committee $72,80 ...:.:........,w.:....... w.. - �._...................... ................................ $72.80 ................................... .... v.�v...� $900.00 ................. wwM. w �ww 14 `Special Committee Travel.,..,,m..�.....�,�..m..__�_-,._..........................t........__....... _.. $0.00 ..,,.....�.... $0.001 .�...,,�_,_,....., $500.00 �.ww�w......�µ._..�..�...�....... �. .................. .................... 51 Special Committee Miscellaneous :NACo ..-..... E....�w.,...v,.._�...ww.w $0.00 $0.001 $100.00 ............ n ................... _ w w......................._.� 16 NACo Board Travel -Air Ground Lodging Registratis . $0.001$0.00 .. ............ . ..1.........,..wwH $14,000.00 < 17 NACo Steering Comm Travel -Air and Ground $0.00 $0.00 $8,000.00 18 NACo Promotional $0.00: $0.00 $7,676.00 f 19 NACo Dues . --L..: ..:.............................................. $0.00: $0.00 27,268.00 { WIR s w w ....� ...........+.................... .. w ...... w_w ._ 20 €WIR Travel -Air, Ground, Lodging, Registration 1 $0.00 1 $0.00: . ..................s..... $12,000,00 21 WIR Promotional .............:.............................................�.,,..w - $0.00 $1,000.00 I ' w _ 22 WIR Dues ^^ .o._.^^$0.00 ..............._........: $0.00 $0.00: 3 804.00 1 $3,804.001 ' OTHER w 23HSAC Consulting Fund $4,500.001 $4,500.00 ? $27,894.00 24 Total _ _ $5,921.76 3 $5,921.761 $139,472.00 25<Total Expenses This Period ($5,921.76) 26Net Income5 919.63 ($ ) ($5,919.63) ...:�.....M $0.00 2V ENDING BALANCE °� _ ....... f...w..,.,,.......... .......... . . $104 , 859.56 104,859.56tt C.\Users\ahelly,espeleta\AppData\LocaiNMicrusoftNWindous\lNetCazhe' Content_Outlook%J[THK7HY\2007tr HAWAII STATE ASSOCIATION OF COUNTIES Treasurer's Report - REVENUES COLLECTED AND EXPENSES PAID Period: August 1, 2020 through August 31, 2020 I BEGINNING BALANCE $104,859.56 E Current Period FY 2021 FY 2021 s E Aug -20 Year to Date Budget REVENUES ' 21 Membership Fees $32,760.00 $32,760.00 $43,680.00 3Conference Income $0.00 $0.001 $0.00 4Interest Income $2.20 $4.3-31 $35.001 5 Miscellaneous $0.00 $0.001 $0.001 6 ; NACo Prescription Drug Marketing Fee $141.30 $141.301 $500.00 7; Fund Balance, prior FY 1 $0.001 $0.001 $95,257.00 8 `Total I $32,903.50 $32,905.63 $139,472.00 9 Notal Revenues This Period $32,903.50 ;EXPENSES E lExecutive Committee (EC) 10 EC Travel -Air, Ground, Lodging, Registration $0.00 $0.00 $28,600.00 11 EC Auditing/ Professional Services $0.00 $1,348.96 $6,000.00 I I 12 EC Meeting Supplies $0.00 $0.00 $1,730.00 13 EC Online Quickbooks Annual Fee -±-- $785.20 $858.00 $900.00 I Special Committee I i 14 Special Committee Travel $0.001 $0_.00 $500.0011 15 Special Committee Miscellaneous $0.001 $0.00 $100.00 NACo 16 NACo Board Travel -Air, Ground, Lodging, Registratiori $0.00 $0.00 $14,000.00 -F 17 NACo Steering Comm Travel -Air, Ground $0.00 $0.00 $8,000.00 18 NACo Promotional j $0.00 $0.00 $7,676.00 19 NACo Dues ® $0.00 $0.00 $27,268.00 WIR 20 IWIR Travel -Air, Ground, Lodging, Registration $0.001 $0.001 $12,000.00 21IWIR Promotional $0.00,$0.00 $1,000.00 221WIR Dues $0.00 $0.00 $3,804.00 J OTHER 23 HSAC Consulting Fund $0.001 $4,500.00 $27,894.00 24 Total $785.20 $6,706.96 $139,472.00 E 25 Total Expenses This Period _ ($785.20) 26 Net Income $32,118.30 $26,198.67 :. $0.00 27 ENDING BALANCE I a 1 $136,977.86 FINAL STATUS OF HSAC BILLS AND BILLS THAT MAY BE OF INTEREST TO HSAC HB 1716 - SB 2172, SD1 RELATING TO HOUSING DEVELOPMENT. Authorizes each county legislative body the ability to review and approve land use district boundary amendments for affordable housing projects on 15 acres or less. HHFDC, and Office of Planning requested an amendment to clarify that, for projects greater than 15 acres, the LUC approve with modifications or disapprove any boundary changes within 45 days, and that the petition shall be approved if not disapproved on the 46th day. SB 2172, SD1, passed Second Reading and was referral to WAM, no further action was taken on the measure SB 3104, SD2, the omnibus housing bill, in Part III, Section 15; provided that for a development, the majority of which is for affordable housing, a county decision making authority may be petitioned for a change in a district boundary involving lands that are not: Designated conservation; Designated important agricultural lands; or Lands with Land Study Bureau productivity rating of Class A or B. Prohibits "parceling" or lands for development. SB 3104 was passed by the Senate, passed First Reading in the Senate and referred to HSG/FIN H13 1720 - SB 2175 RELATING TO TORT LIABILITY. Makes an exemption from tort liability for the State and counties arising from lifeguard services, except for gross negligence or wanton acts or omissions. Passed First Reading, referred to JUD, FIN SB 2175 Passed First Reading, referred to PSM, JDC HSAC submitted supporting research to the relevant committees. (See paper appended.) The chairs deferred to the Hawaii Association for Justice, who testified that "...county lifeguards serving on State beaches are considered employees of the State and are subject to the protections of the State Tort Liability Act, [and] ... are entitled to a defense, at no personal cost, by the Office of the Attorney General..." HB 1717- SB 2171 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. Amends the allocation of transient accommodations tax revenues based upon the recommendations of the State -County Functions Working Group established by Act 174, Session Laws of Hawaii 2014, to consider the distribution of duties and responsibilities for public services between the State and the counties and to recommend a model for the allocation of transient accommodations tax revenues. Passed First Reading, referred to TIA, FIN SB 2171 Passed First Reading, referred to EET, WAM Rep. Onishi proposed HB 1946, which is similar to a bill he introduced in 2016. He did not support the bill recommended by the Working Group. Instead of the Working Group bill, he is re -introduced HB 1665, which he introduced in 2018, which proposed to change the method of allocating transient accommodations tax revenues to counties to one based on reimbursements to a county for specified public services rendered by the county, which he feels the Working Group did not address. B&F had concerns about the impact on the financial plan. Rep. Onishi recommended holding HB 1946, which was opposed by many groups. HB 1718, SB 2173 RELATING TO TOBACCO PRODUCTS. Repeals the State's preemptory power to regulate tobacco products and electronic smoking devices. Clarifies that the counties may adopt and enforce ordinances and rules that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. Passed First Reading, referred to HLT, JUD, FIN SB 2173 Passed First Reading, referred to CPH/PSM, JDC No hearings were scheduled for either bill. 2 HB 1729, HD1 - HB 1719 - SB 2174 RELATING TO REGISTRATION OF VEHICLES. Allows the director of finance of a county to require payment of outstanding charges owed to the county for the towing, removal, or disposal of an abandoned or derelict vehicle within the county before issuing a motor vehicle certificate of registration. Passed First Reading, referred to TRN, JUD, FIN Reported from TRN (Stand. Com. Rep. No. 99-20) as amended in HD 1, passed Second Reading, reported from JUD and referred to FIN HB 2556, HD1 Hashimoto Authorizes the withholding and revocation of vehicle registrations and driver's licenses for those who abandon a vehicle under specified conditions. Authorizes the assessment and collection -of charges relating to abandoned and derelict vehicles. In testimony to FIN and TRS, as directed by the FIN Chair, (see appended testimony), HSAC requests that H.B. No. 2556, H.D.1, be further amended by amending subsection (b) of section 286-51, HRS, to delete the cap on the fee that a county may impose to defray the costs to remove and dispose of abandoned or derelict vehicles. HB 1721 - SB 2176 SEE HB 2556 ABOVE RELATING TO REGISTRATION OF VEHICLES. Increases the fee that a county may assess U -drive motor vehicles for each certificate of registration by establishing a single fee for all vehicles, with funds deposited into the revolving fund for highway beautification and disposal of abandoned and derelict vehicles. HB 1721 Passed First Reading, referred to TRN, FIN SB 2176 Passed First Reading, referred to TRS/PSM, WAM HB 2464, H D 1 HB 1722 - SB 2177 RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE. Lowers the threshold of blood alcohol concentration for the offense of operating a _ vehicle while under the influence of an intoxicant. The committees on TRN recommend that the measure be PASSED, UNAMENDED. Opposed by the Honolulu Public Defender because "0.05% BAC casts too wide a net, and will result in criminalizing the behavior of normal responsible drinkers without having an impact on reducing alcohol related fatalities." Supported by DOT, Honolulu Prosecutor, Hawaii County, Maui County, HPD, Maui PD, various public health and safety organizations. JUD amended the measure to" • Keep the statutory level for BAC at 0. 08, rather than lowering it to 0. 05, and • Imposing a fine of up to $1,000 on persons operating a vehicle with 0.05 or more but less than 0.08; Passed by House; passed First Reading in the Senate; referred to TRS, JDC HB 1723, HD1 - SB 2178 RELATING TO CESSPOOLS. Extends tax credits for the upgrade, conversion, or connection of a qualified cesspool to a sewer system, and eliminates the geographical limitations for qualified cesspools Passed First Reading, referred to EEP, FIN Passed Second Reading; referred to FIN, EEP deleted the definition of "qualified cesspool' that removed the geographical limitations for qualified cesspools. HB 2512, HD1, SB 3104, SD2 (portion relating to historic preservation) Authorizes DLNR to delegate to qualified archaeologists employed by the counties the authority to perform reviews of proposed projects under the historic preservation program, under certain conditions. Provides that proposed projects under the program are deemed automatically approved if the archaeological review is not completed within 30 calendar days. Provides that challenges to an archaeological review are subject to an expedited hearing before the supreme court. Passed First Reading, referred to WLH, FIN The committee on WLH recommend that the measure be PASSED, WITH AMENDMENTS and referred to FIN rd DLNR preferred HB 2542 framework for delegation of authority to counties, defining/qualifying of archaeologist, OHA opposes, stating the counties may not have the resources/qualifications necessary to insure consistent/adequate protection of iwi kupuna, cultural sites, other historic properties (no action was taken on HB 2542) SB 3104, SD2, PART IV authorizes the DLNR to delegate the historic preservation project reviews to the respective counties. SB 3104 was passed by the Senate, passed First Reading in the Senate and referred to HSG/FIN BILLS PASSED BY THE LEGISLATURE AFTER THE MARCH 16TH RECESS THAT MAY BE OF INTEREST TO HSAC HB 285, HD1, SD2, CD1 Relating to Public Safety The purpose of this Act is to enhance the public's trust in law enforcement and standardize best practices for the use of force between the counties by: (1) Requiring the chief of police of each county police department to disclose to the legislature the identity of a police officer upon suspension or discharge of the officer; (2) Amending the Uniform Information Practices Act to allow for the disclosure of information related to the suspension or discharge of a police officer; (3) Empowering the law enforcement standards board to establish uniform statewide standards for law enforcement and the use of force; and (4) Explicitly allowing the law enforcement standards board to revoke the certification of law enforcement officers for misconduct or failure to meet qualifying standards as warranted. HB 361, HD1, SD2 Relating to Emoulments Beginning 11/1/2022, prohibits the governor and each county mayor, while holding those offices, to maintain any other employment, maintain a controlling interest in a business, or receive any emolument, beginning on the sixty-first calendar day after their election or appointment to office. HB 1698, HD1, SD1 — Relating to Collective Bargaining Creates a separate bargaining unit (15) for state and county ocean safety and water safety officers. The combining the specialized needs of law enforcement officers and ocean safety officers into one bargaining unit has proven to be impractical as they are two separate and distinct occupational classes. HB 2200, 1-1131, S131 — Relating to the State Budget Appropriates supplemental funds for the operating costs of the Executive Branch of the State of Hawaii for fiscal years 2019-2020 and 2020-2021. Senate Stand. Comm. Rep. No. 3512: "Your Committee finds that this budget will ensure that state government will continue to serve the people of Hawaii with fiscal certainty and fidelity during this most uncertain of economic times. Your Committee recognizes that the State is faced with declining tax revenues at the same time that our communities are suffering through record job losses, business closures, and difficulties in addressing basic needs for themselves and their families. Accordingly, your Committee dutifully assembled a budget that is fiscally prudent while being mindful not to impair the state government's ability to provide stable and dependable services statewide. Working closely with the Committee on Finance of the House of Representatives, your Committee has established a budget that aims to avoid state employee furloughs or pay cuts, which your Committee believes would exacerbate damage to our already fragile local economy. Your Committee has also kept in mind the State's large fixed cost obligations, which alone account for fifty-one percent of the State's budget. Your Committee pursued an overall fiscal strategy that reappropriates and redirects state funds that have gone unspent and supplements or replaces them with proceeds of bond authorizations, thus freeing up cash that can be used immediately for the maintenance of state operations." SB 75, SD2, HD1 Relating to Appropriations Appropriates funds received by the State from the CARES Act to the counties, Departments of Defense, Transportation, Labor ad Industrial Relations, Health, and Human Services, and Office of the Governor for COVID-19 response activities, and deposits the remaining federal funds into the Emergency and Budget Reserve Fund (Rainy Day Fund). C1 Part II provides for the distribution of a portion of the CARES Act to the counties of Hawaii, Maui, and Kauai, and provides a means for the counties to utilize the Municipal Liquidity Facility Program. Appropriates: • $80,099,671 to the county of Hawaii; • $66,598,757 to the county of Maui; and • $28,715,551 to the county of Kauai, to be used for COVID-19 response and associated guidance issued by appropriate federal agencies. Directs the counties to: • Coordinate with the department of health and appropriate medical and nursing professionals when implementing contact tracing and testing programs; • Directs the mayors to consult with the county councils before expending any of the funds appropriated by this section; and Beginning June 1, 2020, the counties shall submit a monthly report to the governor and the legislature that details' all allocations and expenditures. SB 2384, SD2, HD1 Relating to Motor Vehicles Allows any vehicle involved in an accident that cannot be moved under its own power to be towed away at the expense of the registered owner; Specifies applicable towing and storage fees for a motor vehicle, involved in an accident that cannot be moved under its own power, the towing of which has not been ordered by the police; and Exempts automobile clubs or towing companies operating under contract with an automobile club... SB 2701, HD2 Relating to Agricultural Buildings Authorizes county agencies, upon reasonable notice, to enter property to investigation exempted agricultural for compliance with section 46-88, which exempts agricultural buildings and structures from building permit and building code requirements. THE LEGISLATURE PASSED 82 BILLS, SUBSTANTIALLY LOWER THAN THE 200 — 300 BILLD THAT ARE NORMALLY PASSED DURING A LEGISLATIVE SESSION. II HB 1720, SB 2175, SB 160 A Bill for an Act Relating to Tort Liability From 2002 to 2017 county lifeguards, the employing county, and the State were provided liability protection for any damages arising from the acts or omissions of the lifeguards while providing rescue, resuscitative, or other lifeguard services in the scope of employment as a county lifeguard, except for civil damages arising from a county lifeguard's gross negligence or wanton act or omission. The bill proposed to the Legislature re-enacts the_ liability protection for county lifeguards. Background 2002 Act 170, Session Laws of Hawaii 2002, originally enacted the exception to liability for county lifeguard services. The Conference Committee Report No. 66-02 reported: The C.D. 2 is intended to provide the State and counties with qualified immunity so that lifeguards can be stationed at dangerous beaches, while appropriately limiting such immunity to acts or omissions committed while providing rescue or resuscitative actions or other emergency lifeguard services on the beach. The sunset provision will allow for an evaluation of this measure after sufficient experience has been obtained. (Act 170 had a sunset date of June 30, 2007) 2007 Act 152, Session Laws of Hawaii 2007, repealed the June 30, 1999 sunset date for Act 190, Session Laws of Hawaii 1996, which established a process for the State and counties to provide "...both meaningful and legally adequate warnings to the public regarding extremely dangerous natural conditions in the ocean adjacent to public beach parks." E:1 Act 190 also established the Task Force on Beach and Water Safety to provide consultation to the Chairperson of the Board of Land and Natural Resources regarding the design and placement of warning signs, devices, or systems at public beach parks. The Task Force was required to submit reports to the 1997, 1998, and 1999 legislatures. Act 152 extended the sunset date of Act 170, to June 30, 2010. 2009 Act 81, Session Laws of Hawaii 2009, extended Act 170, to June 30, 2014, citing its finding that "...Act 170 created a climate in which lifeguard services could be provided by the counties without fear of liability, and, therefore, is a life-saving measure that should be extended. 2014 The Task Force on Beach and Water Safety reported to the Legislature that: Act 170, SLH 2002, provides liability immunity for counties and county lifeguards while providing rescue, resuscitative or other lifeguard services. The State does not have lifeguards and contracts with the counties for lifeguard services at State Parks. Liability concerns prevented Maui and Kauai Counties from participating. Act 170, SLH 2002, clears up these concerns and will allow the State to contract with all counties for lifeguard services at its State Park beaches. In 2007, the Legislature appropriated funds which will allow the State to enter into contracts with the County of Maui for Makena State Park, and with the County of Kauai for Kee Beach at Haena State Park. Lifeguards have been on duty at Kee Beach since July 1, 2008, and are in training for coverage at Makena. Providing lifeguard services at those beaches will enhance public safety in a number of ways. In addition, to the preventative actions and rescue services provided by lifeguards, they will be able to post Act 190, SLH 1996, signs warning of temporary dangerous conditions such as rip currents. Act 98, SLH 2014, extended Act 170, to June 30, 2017. 0 2017 S.B. No. 562 originally introduced to extend Act 170 to June 30, 2021, was amended by deleting its contents and amended to require the Attorney General to defend any civil action based on the negligence, wrongful act, or omission of a county lifeguard for services at a designated beach park under an agreement between the State and a county. This amendment is probably the result of testimony submitted by the Hawaii Association for Justice, which testified that: "...the liability of County lifeguards at State beach parks is the responsibility of the State, not the counties, because the State is liable for the .liability of "State Employees" under the State Tort Liability Act. ...the State Department of the Attorney General is specifically authorized to defend the counties in cases brought against them because of county lifeguards stationed at State beach parks." S.B. No. 562 was passed by the Legislature, but vetoed by the Governor, who objected to the bill, "[b]ecause the Attorney General would be required to defend a lawsuit brought against the counties for any "wrongful" act of a lifeguard, and not just acts that are within the scope of the lifeguard's employment..." Justification The reasons remain for providing liability protection for county lifeguards for any damages arising from the acts or omissions of the lifeguards while providing rescue, resuscitative, or other lifeguard services in the scope of employment as a county lifeguard, except for civil damages arising from a county lifeguard's gross negligence or wanton act or omission. The prospect of large damage suits contributes to the costs of insurance and the reluctance to providing lifeguards. Lifeguards and the State or county must have immunity so that lifeguards can at least be provided on the beaches. "[Liability protection for county lifeguards] is necessary for individual lifeguards -as well as their employing counties to be able to provide services for the State of Hawaii at Kaena Point State Park on Oahu, Hapuna Beach on Hawaii Island, Makena Beach on Maui, and Ke'e Beach on Kauai. These four beaches are popularly used by the public and would be where drownings and serious injuries occur if lifeguard services were not provided. 10 The United States Lifesaving Association, the national organization of professional open water lifeguard agencies, has collected data over a twenty year period that shows that the chances of drowning at a lifeguarded beach in the United States if one in 18 million." (Testimony of Ralph Goto, Hawaiian Lifeguard Association) 11 Testimony of the Hawaii State Association of Counties on H.B. No. 2556, H.D.1 Relating to Registration of Vehicles Committee on Transportation Wednesday, March 11, 2020,1:15 p.m. Room 225 The Hawaii State Association of Counties (HSAC) supports H.B. No. 2556, H.D. 1, with a proposed amendment. H.B. No. 2556, H.D.1: • Authorizes a county director of finance to withhold the issuance or renewal of a certificate of registration for a motor vehicle until the county is reimbursed for the costs of the disposition of an abandoned vehicle; • Makes it a misdemeanor to abandon a vehicle on any roadway or property without the consent of the owner of lessee of the property; ' Requires a court to report to the county director of finance any conviction for abandoning a vehicle and prohibits the convicted person from operating a vehicle; and • Authorizes the county to assess and collect fees and penalties for actions relating to the disposition of abandoned vehicles. HSAC supports the intent of H.B. No. 2556, H.D.1, which will help in addressing the problem of abandoned and derelict vehicles. The more immediate problem are the costs for the removal and disposal of abandoned or derelict vehicles, which in many cases, are absorbed by the county. These costs may vary from county to county depending upon the availability of towing resources, storage areas for the vehicles, operating funds, recycling options for the vehicles, etc. Kauai Police Department, for example, has testified that, "In the last quarter alone, we towed 247 abandoned or derelict vehicles. Towing charges.for that quarter totaled $66,462. To address the problem, the Department of Customer Service, City and County of Honolulu, has requested that the cap on the fee that a county may impose to' defray 12 the cost in the disposition and other related activities of abandoned or derelict vehicles be removed to address the rising number of abandoned vehicles. HSAC requests that H.B. No. 2556, H.D.1, be further amended by amending subsection (b) of section 286-51, HRS, to delete the cap on the fee that a county may impose to defray the costs to remove and dispose of abandoned or derelict vehicles. As amended, the subsection would read: "(b) This part shall be administered by the director of finance in conjunction with the requirements of sections 249-1 to 249-13 and shall entail no additional expense or charge to the person registering the ownership of a motor vehicle other than as provided by this section or by other laws; provided that for each new certificate of ownership issued by the director of finance under section 286-52, the director of finance may charge a fee which shall be deposited in the general fund. The fees charged to issue a new certificate of ownership shall be established by the county's legislative body. Notwithstanding any other law to the contrary, an additional fee of not more than $1 for each certificate of registration for a U -drive motor vehicle and $2 for each certificate of registration for all other motor vehicles may be established by ordinance and collected annually by the director of finance of each county, to be used and administered by each county: (1) For the purpose of beautification and other related activities of highways under the ownership, control, and jurisdiction of each county; and (2) To defray the additional cost in the disposition and other related activities of abandoned or derelict vehicles as prescribed in chapter 290. For the purposes of this paragraph, other related activities shall include but need not be limited to any and all storage fees that are negotiated between each county and a towing company contracted by the county to remove and dispose of abandoned or derelict vehicles. The $2 fee established pursuant to this subsection for certificates of registration for motor vehicles other than U -drive motor vehicles may be increased by ordinance ; provided that all amounts received from any fee increase over $2 shall be expended only for the purposes of paragraph (2). The moneys so assessed and collected shall be placed in a revolving fund entitled, "the highway beautification and disposal of abandoned or derelict vehicles revolving fund. This amendment will authorize each county to determine their costs associated with the removal and disposal of abandoned or derelict vehicles and to set the charge for that county. With this amendment, HSAC supports H.B. 2556. 13 Thank you for the opportunity to submit testimony on this legislation. 14 F G r S County Sustainability Coordinators Network Legislative Priorities , The County Sustainability Coordinators Network (CSCN) is a coalition of energy and sustainability offices and staff across the four counties of the State of Hawaii. CSCN serves to increase the collaborative efforts of the four counties in order to share lessons learned and establish best practice strategies in the energy, climate change, and sustainability fields to achieve both individual and state-wide goals. CSCN considers the below measures joint priorities from last legislative session, as well as additional priorities for future development -to be critical drivers of sustainability, resilience, and equitable economic recovery. Legislative Priorities from the 2020 Session: CSCN-1: Clean Energy Financing 2020 Measure: H144 l/ This measure seeks to create a clean energy and energy efficiency revolving loan fund under the administration of the Hawaii Green Infrastructure Authority (HGIA). Particularly given the current economic impacts of the COVID-19 pandemic; as well as the existing economic inequalities it exposed, there is a need for new approaches to flexible financing that ensures access to low-cost renewable energy options and affordable monthly energy bills for businesses and families currently underserved by existing market-based' solutions. The creation of a clean energy and energy efficiency revolving loan will give HGIA the authority to attract and leverage federal, private, and other capital in a sustainable manner, particularly for.green infrastructure investments in rural areas across the state. HGIA has proven itself an effective implementer of loan funds through the recent redevelopment and successful deployment of the Green Energy Market Securitization (GEMS) loan program. GEMS has provided low-interest loans to low- and moderate -income energy customers, created over 1,000 clean energy jobs, and reduced barriers to renewable, energy for renters—and will not be able to continue once its original bond is exhausted. No state funds are required under this act—this is simply the authorization for a fund to be developed to tap federal and private funding. A clean energy and energy efficiency revolving loan fund that provides affordable energy options for all ratepayers would contribute to reaching the State's clean energy goals, kick-start Hawal'i's economy, and lower the cost of living for residents. CSCN-2: Electric Vehicle Readiness -. OVHTY DP SY Of i' r QrtrE:pFIiAr` r `` P of MA 2020 Measure: SS1000 // This measure seeks to require new multi -family residential and commercial buildings have a certain percentage of new parking stalls be electric vehicle charger ready. Electric vehicles (EVs) play an integral role in Hawai`i's clean energy future as they are much less expensive to power per mile than their gasoline counterparts while proving a clean mobility solution for residents and visitors and meeting joint county goals of 100% renewable transportation by 2045. While, there is growing interest in electric vehicles among Hawaii residents, the lack of adequate vehicle charging infrastructure, particularly for multi -family dwellings, presents a key barrier to adoption and cost saving benefits. Retrofitting existing facilities to accommodate EV charging infrastructure costs four to eight times more than new construction. Given the amount of construction that is likely to result in the recovery efforts following the COVID-19 pandemic, now is the time to ensure the next generation of housing has the opportunity to electrify and provide clean cost savings to residents in low-income housing who could benefit the most. The City and County of Honolulu ("City") recently adopted Ordinance 20-10 in June of 2020, which updates the City's Energy Code and includes a local amendment for 20 percent EV readiness in new construction. A state-wide EV readiness requirement will provide consistency for the counties in reducing upfront EV charger installation costs for builders and increasing long-term savings for residents in the transition to an equitable, clean energy economy. CSCN-3: Sea Level Rise Disclosure 2020 Measure: HB 1878 // This measure seeks to require mandatory seller disclosures in real estate transactions include identification of residential properties lying within the state -identified 3.2 feet sea level rise exposure area. Among the multiple climate change impacts affecting our islands, sea level rise poses immediate and long-term threats to Hawai`i's economy, security, and way of life, with projections of up to 3.2 feet in some areas by as early as 2060. As such, sea level rise can be expected to measurably affect the value of residential real property and should therefore be included with other material facts in the currently mandated written disclosure statement prepared by or for a seller. A property's vulnerability to sea level rise can be quickly identified on the Hawaii Sea Level Rise Viewer, based on the peer-reviewed methodology of sea level rise modeling used in the State of Hawaii Hawaii Sea Level Rise Vulnerability and Adaptation Report. It is critical that buyers understand the hazards and risks they are assuming in purchasing property in the spirit of transparency and disclosure. Mandatory real estate disclosure is a common sense solution that supports informed decision-making by informing and educating prospective buyers of risk. 4 r CSCN-4: Streamlined Composting Regulations 2020 Measure: SB3121 H This measure seeks to create tiered regulations for composting operations, which will lower the barriers to expanded decentralized composting opportunities across island communities. Compostable organic materials, such as food scraps, paper, and cardboard, comprise the single largest component of the State's waste stream. Removal of this organic material from the waste stream for composting is a highly effective strategy to not only increase the environmental health of our soils, but also to reduce burdens on waste management facilities nearing capacity and ultimately reduce the long term costs of waste management. The State Department of Health's existing regulations for composting facilities have not been updated in over twenty years, and current permitting requirements apply to all composting operations regardless of size or scope. This presents an expensive and unreasonable barrier for small- to mid-size decentralized composting operations who are then forced to operate illegally or close down. Tiered regulations for composting operations of all sizes will greatly increase the number of operators diverting organics from landfills and incinerators, allowing the State and counties to reach their sustainability goals while reducing overall costs of waste management. Additional Priorities for Future Development CSCN-5: Building Energy Benchmarking & Data Transparency 2020 Measure: HB1520 // This measure seeks to require energy consumption benchmarking for all nonresidential buildings and disclosure of benchmarking data to prospective buyers, lessees, or lenders. Building energy benchmarking is the process of comparing a facility's energy usage against similar facilities to identify opportunities for energy and cost savings. Hawai`i's buildings offer enormous opportunities for energy savings, yet the potential for savings is not readily apparent through current disclosure and information sharing requirements. Benchmarking nonresidential buildings with regular measurement ' and disclosure will help building owners firstly understand how much energy their properties use and secondly, help identify steps to reduce wasted energy and therefore lower their energy costs. Studies have shown that open data and transparency from a basic benchmarking program reduces energy use by an average of 5% and energy expenditures by 3%, which could mean up to $120,000 in a building's cost savings per year. Improving energy efficiency is the cheapest, quickest, and cleanest way to accelerate Hawai`i's transition to 100 percent renewable energy, and building 3 `ovNTY pFy MOP # OF Wt energy benchmarking is a useful starting point for nonresidential building owners and operators to target energy savings opportunities. CSCN-6: Kalo Production Protection 2020 Measure: SB0008 /l This measure seeks to exclude up to $100,000 of income derived from taro production from the state income tax. Food security continues to be of highest priority for our communities in the effort to recover and sustain Hawai`i's economy in the wake of the COVID-19 pandemic. The State has pledged to double food production by 2030, yet small farms—where a significant portion of our locally grown, locally consumed food is sourced—are extremely burdened by high costs of farming. This measure will address the urgent need to support small farmers and achieve the State's local food production commitment. Loi kalo, or wetland taro systems, have large potential to mitigate impacts of climate change and survive and thrive under weather events of increased intensity. But acres of kalo production have been in steady decline for decades and farmers face fierce competition from importation. Stronger economic incentives for new taro farmers and livelihood improvement for existing taro farmers recognizes of the critical importance of protecting and perpetuating the traditional practice of taro farming as part of Hawai`i's cultural identity and its role in local food security. CSCN-7: Carbon Pricing 2020 Measure: SB3150 H This measure seeks to set a price on carbon dioxide emissions with a refundable tax credit for lower-income individuals. A carbon tax has been identified by the Hawaii Climate Change Mitigation and Adaptation Commission as the most effective single action to achieve carbon emissions reductions to in support of Hawai`i's goal of carbon neutrality by 2045. Carbon pricing plays a key role in the calls,from our communities for economic recovery that "builds back better". If the post-COVID-19 pandemic recovery does not assure that the social costs of the adverse impacts of carbon pollution be included in future market pricing, recovery will be distorted in favor of and lock in a high -carbon economy that is'even more vulnerable to future risks and even more costly to reverse later. 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