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Home My WebLink AboutCOM 0608.003 2020-2022 Comm.0 GIBER �F�Q arr'rnereP t 0, � Japanese Chamber of Commerce m & Industry o�f Hawai`z �r � rRY of YAP 'ince 190 1951-2027 February 17, 2022 Honorable Maile David Chairwoman and Presiding Officer ---4 Hawai'i County Council ` ---* CIO CD 25 Aupuni St. -# Hilo, HI 96720 a3 Honorable Susan"Sue"Keohokapu-Lee Loy Chair, Public Works and Mass Transit Cormnittee co Hawai'i County Council 25 Aupuni St. Hilo, HI 96720 RE: Bill 120IReference Communication 608.1 An Ordinance amending Chapter 24,Article 8, and Chapter 25,Article I and Article 4, Division 5, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to providing, maintaining, and dedicating parking spaces and charging stations for electric vehicles Dear Council Chair David and Committee Chair Keohokapu-Lee Loy: The 300 members of the Japanese Chamber of Commerce and Industry of Hawaii (JCCIH) respectfully submit this letter in reference to Bill 120, concerning the providing and maintenance of parking spaces and charging stations for electric vehicles in the County of Hawai`i. The JCCIH has consistently supported legislation and policies in favor of energy-efficient and sustainable alternatives to fossil fuels that seek to preserve our environment and improve our way of life. We support Bill 120 subject to necessary legal amendments by the Hawaii County Council that will ensure congruency with existing State law, and not deny our Big Island businesses the equal protection of laws. Unfortunately,the statement that"The purpose of this ordinance (Bill 120) is to enforce the requirements of sections 291-71 and 291-72, Hawaii Revised Statutes(sic)" is inaccurate. If the Council adopts this legislation and enacts this ordinance as submitted, Big Island businesses will be denied the equal protection of laws since disproportionately more financially expensive burdens will be imposed upon them vis-a-vis Oahu based businesses. 714 Ktmoelehua.4vewee, Hilo, Hazoai'i 96720-4565 Plzone:(808)934-0177 •:'Fax:(808 934-0178 •:'Email tr�F:�la.r�r�r trim. Pa _ Ref. To vVTd Ref. Date FEB 2 2022 Honorable Maile David Honorable Susan"Sue"Keohokapu-Lee Loy February 17, 2022 Page 2 Section 291-71, Hawaii Revised Statutes, as amended("HRS"), was originally enacted into law by the Hawai'i State Legislature in 2009. This state law provides that places of accommodation"with at least one hundred parking spaces available for use by the general public shall have at least one parking space equipped with an electric vehicle charging system located anywhere in the parking structure or lot." This carefully crafted statewide legislation ensured the promotion of sustainability, while taking into account the differences in economies of scale that existed between Oahu businesses and their neighbor island counterparts. Further, HRS Section 291-73 provides that"Each county may adopt ordinances to enforce the requirements of section 291-7, including the establishment of penalties for failure to comply with the requirements of that section or maintain electric vehicle charging systems in working order" (emphasis supplied). Unfortunately, Bill 120 goes much further than set forth the enforcement mechanism for HRS 291-71, but instead imposes different requirements in the proposed creation of Section 25-4-54.1, Hawai'i County Code 1983 (2016 Edition, as amended) ("HCC"). The proposed language of this portion of Bill 120 seeks to require places of accommodation in the County of Hawaii to dedicate and install electric vehicle chargers "for each increment of fifty parking stalls." Bill 120 injures our local businesses in the following ways: 1. Bill 120 is repugnant to the requirements of HRS Section 291-7. The State Legislature has pre- empted the counties with respect to the specific numerical requirements of electric vehicle charging stations and stalls, as these requirements were carefully crafted based upon the appropriate economies of scale, since Oahu businesses are larger and better able to absorb the cost of this govermnent-imposed requirement. By now"upping the ante" for Big Island businesses with no corollary ability to economically fimd these mandates, Big Island businesses are denied the equal protection of laws by our Hawaii County Council (assuming the Council adopts Bill 120 as submitted). 2. Bill 120 should be limited to enforcing the existing requirements of SIRS section 291-7 only, as that is what the Legislature has specifically(and only) authorized the counties to do. The JCCIH will continue to support legislation and policies that promote energy-efficient and sustainable alternatives to fossil fuels. We are members of our business community, and members of our beautiful island community as well. HRS Section 201-71 already establishes a fair statewide balance in encouraging businesses to do their part in the sustainability effort for our state and counties. There is no need to harm our consumers by creating arbitrary requirements that exceed the mandate of state law,which will necessary result in consumers having to pay more for the products and services they enjoy on our Big Island. 29.5016.3v1 r I I I s Honorable Maile David Honorable Susan"Sue"Keohokapu-Lee Loy February 17, 2022 Page 3 Based on the foregoing,the JCCIH respectfully request that if the Council does entertain passage of Bill 120, that proper legally necessary amendments be made by deleting the proposed HCC Section 24-4-54.1 This proposed section is repugnant to our state law, exceeds the Council's authority by essentially creating discriminatory burdens on local Big Island businesses, and needlessly exposes our County to liability for a constitutional deprivation of equal protection of our laws. Thank you for your kind attention to this matter. Very truly yours, t Lincoln S. T. Ashida President i it i ii 2950163v1