HomeMy WebLinkAboutRES 583 Draft 01 2020-2022 I
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COUNTY OF
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SOLUTION NO.
A RESOLUTION APPROVING THE HAWAII COUNTY COUNCIL LEGISLATIVE
PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE
2023 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE.
WHEREAS, on October 25, 2022, the Hawaii State Association of Counties (HSAC)
Executive Committee will meet to evaluate legislative proposals and priorities from each county
member for inclusion in the 2023 HSAC Legislative Package that will be presented to the
Hawaii State Legislature when it convenes in January 2023; and
WHEREAS, each proposal and priority must be approved by an HSAC member county
prior to consideration by the HSAC Executive Committee; and
WHEREAS,timely action is necessary for Hawai'i County Council to approve proposals
and priorities to be considered for the 2023 HSAC package; and
WHEREAS, legislative proposals submitted by Hawai'i County Council are listed below
and copies attached hereto as Exhibit A:
1. A Draft Resolution Relating to the State Department of Health to adopt Rules for
Discharge Pollutants
2. A Draft Bill for an Act Relating to Preemption and the Regulation of Tobacco
Products (Repeal)
3. A Draft Bill for an Act Relating to Preemption and the Regulation of Tobacco
Products (Sunset)
4. A Draft Bill for an Act Relating to Traffic Fines; and
WHEREAS, legislative priorities submitted by the Hawai'i County Council are listed
below:
1. Legislation related to increasing the availability of affordable housing and
infrastructure on lands administered by the Department of Hawaiian Homelands,
2. Legislation related to workforce development for both civil service and green job
positions,
3. Legislation related to wastewater infrastructure funding and programs to assist in the
conversion of cesspools,
4. Legislation that will increase the availability of mental health and substance abuse
services; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
legislative proposals as presented in Exhibit A and the legislative priorities listed above are
hereby approved to be considered for inclusion in the 2023 Hawai`i State Association of
Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawai`i State Association of Counties.
Dated at Kona , Hawai`i, this 19th day of October , 20 22 .
INTRODUCED BY:
COUNCIL M1.4r/f/A--.V64-6/
, OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawai`i on October 19, 2022
KIERKIEWICZ X
KIMBALL X.
ATTEST: LEE LOY X
RICHARDS X
VILLEGAS X
9 0 0 0
.0-011117Aik
. Reference: C-1048/Waived GOREDC
41101111018.—
6-410' 583 22
T CLERK CHAIRPERSON& 11 SID 1G OFFIC R RESOLUTION NO.
2
H . C. R.
NO .
HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT
TO DISCHARGE POLLUTANTS THAT CONSIDER THE MAJOR FACTORS
THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL
EQUIVALENT OF A DIRECT DISCHARGE FOR POINT SOURCES OR NON-
POINT SOURCES.
1 WHEREAS, the Clean Water Act was enacted to regulate
2 pollution from point sources into surface waters by requiring a
3 permit through the National Pollutant Discharge System (NPDES) ;
4 that limits the pollutants that may be emitted by a point source
5 and the treatment steps that are necessary to limit those
6 pollutants; and
7
8 WHEREAS, the U. S. Supreme Court held that the Clean Water
9 Act requires a permit when pollutants originating from a non-
10 point source can be conclusively traced to navigable waters via
11 the "functional equivalent of a direct discharge"; and
12
13 WHEREAS, determining "functional equivalent" is complicated
14 by factors such as :
15 (I) Time and distance a pollutant travels;
16 (2) The nature of the material through which the pollutant
17 travels;
18 (3) The extent to which the concentration of the pollutant
19 changes as it travels; and
20
21 WHEREAS, the Court elaborated that functional equivalent
22 permitting determinations should preserve the authority of
23 states to regulate groundwater and other non-point sources of
24 pollution; and
25
26 WHEREAS, the department of health is responsible for
27 proposing rules defining "functional equivalent" relating to the
28 discharge of pollutants that require a National Pollution
29 Discharge Elimination System (NPDES) permit; now, therefore
30
EXHIBIT A
Page 2 H . C. R.
NO .
1 BE IT RESOLVED by the House of Representatives of the
2 Thirty-second Legislature of the State of Hawaii, Regular
3 Session of 2023, the Senate concurring, that the Department of
4 Health use the ruling of the U. S. Supreme Court in County of
5 Maui v. Hawaii Wildlife Fund and guidelines established by the
6 Environmental Protection Agency to adopt rules for a permit to
7 discharge that include the major factors that are considered in
8 identifying, for point sources or non-point sources, "the
9 functional equivalent of a direct discharge; and
10
11 BE IT FURTHER RESOLVED that the Department of Health shall
12 submit a report of findings and recommendations and draft rules
13 relating to the requirement of a NPDES permit under the Clean
14 Water Act for the discharge of point sources and non-point
15 sources into navigable waters to the Legislature twenty days
16 prior to the convening of the Regular Session of 2024; and
17
18 BE IT FURTHER RESOLVED that a certified copy of this
19 concurrent resolution be transmitted to the Director of Health.
20
21
22 OFFERED BY:
................
REVISED:
1ST DRAFT DATE:
.............. ...............
mbs NU .
b" ILL FOR AN ACT
RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1
2 SECTION 1 . The legislature finds that tobacco use remains the
3 leading cause of preventable death in the United States and in
4 Hawaii . Recent years have brought a precipitous increase in
5 consumer sales of electronic smoking devices, sometimes called
6 "vapes", and one inhalation of these products can contain many
7 times more nicotine than a conventional cigarette. Electronic
8 smoking devices have played a major role in increased rates of
9 youth nicotine addiction, which had been previously on the
10 decline.
11
12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic
14 cigarettes in the same manner as the state treats conventional
15 cigarettes for purposes of clean indoor air laws . The state and
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adopted policies to ban smoking - including
18 electronic cigarette use - at state and county beaches and
19 parks .
20
21 In 2018, in order to ensure uniform regulations on tobacco
22 sales, the legislature passed Act 206, which, in part, declared
23 the sale of cigarettes, tobacco products, and electronic smoking
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the 'sale
26 of these products . However, the legislature finds that since the
27 Act' s passage, youth tobacco use has continued to increase to
28 epidemic levels . According to the 2019 Hawaii Youth Risk
29 Behavior Survey, thirty-one per cent of middle school students
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30 and forty-eight per cent of public high school students had
31 tried electronic smoking devices . The 2019 Hawaii Youth Risk
32 Behavior Survey also indicates that eighteen per cent of middle
i
33 school students and thirty-one per cent of high school students
34 currently vape.
i
35
36 The legislature further finds that in order to end this youth !
i
37 vaping epidemic, the state must work in concert with youth,
38 parents, and educational institutions, and laws must be changed {
39 at all levels of government to establish reasonable restrictions
40 on the sale of and access to these addictive products .
41
r
42 Accordingly, the purpose of this Act is to reauthorize the
43 counties to enact restrictions of the sales of tobacco products,
44 including electronic smoking devices, by inserting a sunset date j
i
45 into Act 206, Session Laws of Hawaii 2018 .
46 }
47
48 SECTION 2 . Section §328J-11. 5, Hawaii Revised Statutes, is
49 repealed.
50
51 [Statewide eeneer-n. (a) Sales ef—eiffaizettes, tebaeee rr..,auets
52 and e l e e+r e r i e smote klng dn -l e e s—a-r-e—a s 4-at-e w dmele—e e n e er-n. 1 �a
53 the intent ef the legisla-tu _ ke r-effi:ilate the—sale ef-
54 ei ffaL=et=tes, s, and eleetrenie ^,eking devi ee= imia-
56
57 tl=ie sale ef eiffaiaettes,
58 ,
59 .
60
61 ]
62
63 SECTION 3 . Statutory material to be repealed is bracketed and
64 stricken.
65
66 SECTION 4 . This Act shall take effect upon approval.
REVISED:
1 ST DRAFT DATE:
■ ■ N U"
A BILL FOR AN ACT
RELATING TO THE REGULATION OF TOBACCO PRODUCTS .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2 SECTION 1 . The legislature finds that tobacco use remains the
3 leading cause of preventable death in the United States and in
4 Hawaii . Recent years have brought a precipitous increase in
5 consumer sales of electronic smoking devices, sometimes called
6 "napes", and one inhalation of these products can contain many
7 times more nicotine than a conventional cigarette. Electronic
8 smoking devices have played a major role in increased rates of
9 youth nicotine addiction, which had been previously on the
10 decline .
11
12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic
14 cigarettes in the same manner as the state treats conventional
15 cigarettes for purposes of clean indoor air laws . The state and
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adopted policies to ban smoking - including
18 electronic cigarette use - at state and county beaches and
19 parks .
20
21 In 2018, in order to ensure uniform regulations on tobacco
22 sales, the legislature passed Act 206, which, in part, declared
23 the sale of cigarettes, tobacco products, and electronic smoking
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the sale
26 of these products . However, the legislature finds that since the
27 Act' s passage, youth tobacco use has continued to increase to
28 epidemic levels . According to the 2019 Hawaii Youth Risk
29 Behavior Survey, thirty-one per cent of middle school students
3
3
i
I
I
30 and forty-eight per cent of public high school students had
31 tried electronic smoking devices . The 2019 Hawaii Youth Risk
i
32 Behavior Survey also indicates that eighteen per cent of middle
I
33 school students and thirty-one per cent of high school students !
3
34 currently vape.
35
)I
36 The legislature further finds that in order to end this youth
37 vaping epidemic, the state must work in concert with youth,
38 parents, and educational institutions, and laws must be changed
39 at all levels of government to establish reasonable restrictions
40 on the sale of and access to these addictive products .
41
42 Accordingly, the purpose of this Act is to reauthorize the
43 counties to enact restrictions of the sales of tobacco products,
44 including electronic smoking devices, by inserting a sunset date
3
45 into Act 206, Session Laws of Hawaii 2018 . i
46
47
48 SECTION 2 . Act 206, Session Laws 2018, is amended by amending
49 section 11 to read as follows :
50
51 "Section 11 . This Act shall take effect on July 1, 2018, except
i
52 that Section 6 shall be repealed on July 1, 2023 . "
3
53
54 SECTION 3 . New statutory material is underscored.
j
55
56 SECTION 4 . This Act shall take effect on July 1, 2023 .
REVISED:
I ST DRAFT DATE:
... ....... .......... ................ .......
NBN NON
RELATING TO TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
I SECTION 1 . Many of poplar scenic areas draw thousands of
2 visitors that over-burden state and county roads and highways
3 and contribute to illegal parking that cause traffic gridlock
4 and complaints from local communities .
5 In 2019, Act 250 established the State highway enforcement
6 program, which added a surcharge for illegal parking violations .
7 The act provided that fifty-percent of the surcharge be
8 distributed to county police departments who are vital to the
9 enforcement of parking violations, but have limited resources .
10 The purpose of this Act is to clarify that the counties may
11 by ordinance designate county highways where the stopping,
12 standing, or parking of vehicles are restricted or prohibited.
13 SECTION 2 . Chapter 46, Hawaii Revised Statutes, is amended
14 by adding a new section to be appropriately designated and to
15 read as follows :
16 NN46- Prohibition or restriction of stopping, standing, or
17 parking of vehicles on county highways. Each county may by
18 ordinance prohibit or restrict the stopping, standing, or
XXX-00 (12)
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1 parking of vehicles by designating specific sections of county
2 highways subject to violations under section 291C-111 . The
3 county shall submit notice with a copy of the ordinance to the
4 judiciary of passage of the ordinance. "
5 SECTION 3 . Section 291C-111, Hawaii Revised Statutes, is
6 amended by amending subsection (c) to read as follows :
7 " (c) Any person committing a violation of any law or
8 ordinance prohibiting or restricting the stopping, standing, or
9 parking of vehicles on state highways or designated county
10 highway shall be charged, in addition to any other applicable
11 penalties and fines, a state highway enforcement program
12 surcharge of $200 to be enforced and collected by the district
13 courts and to be deposited into the state highway fund; provided
14 that fifty per cent of each surcharge collected shall be
15 disbursed to the police department of the county in which the
16 violation occurred. "
17 SECTION 4 . New statutory material is underscored.
18 SECTION S . This Act shall take effect on July 1, 2023 .
19 INTRODUCED BY:
20 BY REQUEST
21
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