HomeMy WebLinkAboutRES 611 Draft 01 2020-2022 ON�YioF p:�dy
COUNTY OF HAWAIII STATE OF HAWAII
SOLUTION NO.
A RESOLUTION APPROVING THE LEGISLATIVE PROPOSALS AND PRIORITIES
FOR INCLUSION IN THE 2023 HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE.
WHEREAS, at its meeting on October 25, 2022, the Hawaii State Association of
Counties (HSAC) Executive Committee approved for inclusion in the HSAC Legislative
Package two proposals from the County of Maui and three proposals from the County of
Hawaii; and
WHEREAS, at its meeting on October 25, 2022, the HSAC Executive Committee also
approved four priorities for inclusion in the HSAC Legislative Package; and
WHEREAS, each proposal and priority must be approved by all four county councils to
be included in the 2023 HSAC Legislative Package, which will be presented to the Hawaii State
Legislature when it convenes in January 2023; and
WHEREAS, timely action is necessary for all counties to approve the legislative
proposals and priorities to be included in the final package; and
WHEREAS, legislative proposals submitted by the counties are listed below, and copies
of the proposed bills and resolution are attached hereto as Exhibit A:
1. A Bill for an Act Relating to the Employees' Retirement System(proposed by the
County of Maui);
2. A Bill for an Act Relating to Special Management Areas (proposed by the County of
Maui);
3. A 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 (proposed by the County of Hawai`i);
4. A Bill for an Act Relating to the Regulation of Tobacco Products (proposed by the
County of Hawai`i); and
5. A Bill for an Act Relating to Traffic Fines (proposed by the County of Hawai'i); and
WHEREAS, legislative priorities submitted by the HSAC Executive Committee are
listed below and also in the cover letter of Exhibit A:
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; and
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 and priorities as presented in Exhibit A are hereby approved 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 16th day of November , 20 22 .
INTRODUCED BY:
114/1,^-Wi,Z/
UNCIL MEMBER, COUNTY OF HAWAI`I
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 9Qj. 1CIL of theKANEALI`I-KLEINFELDER X
County of Hawai`i on November lb, %"D
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS
VILLEGAS X
6 0 2 0
.40.0 C-1100/Waived GOREDC
,;:_,004000 Reference:
CLERK RSON P' • FICER RESOLUTION NO. 611 22
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"Exhibit A" �„�p,7E As,� �
a ai'i State Association of Counties
Counties of Kauai, Maui, Hawaii, and City& County of Honolulu
Website:hawaiicounties.orz 1 Email..hsac hawaiicounties.cr
October 28, 2022
Aloha Chair,
Attached for your consideration are proposals to be included in the 2023 Hawaii
State Association of Counties (HSAC) Legislative Package, which were approved by
the HSAC Executive Committee on October 25, 2022. Please note that pursuant to
Section 13C of the Bylaws of the Hawaii State Association of Counties, Inc.,
proposals must be approved by all four County Councils in order to be included in
the final package.
2023 HSAC LEGISLATIVE PACKAGE
1. A Bill For An Act Relating to the Employees' Retirement System. (Proposed
a
by the County of Maui).
2. A Bill For An Act Relating to Special Management Areas. (Proposed by the
County of Maui).
3. A 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. (Proposed by the County of Hawai`i).
4. A Bill For An Act Relating to the Regulation of Tobacco Products. (Proposed
by the County of Hawai`i).
5. A Bill For An Act Relating to Traffic Fines. (Proposed by the County of
Hawai`i).
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Legislative Priorities:
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.
Your attention to this matter is greatly appreciated. Should you have any questions
please contact Nahelani Parsons, hsacCa;ha aiicounties.org
Mahalo,
Mason Chock
HSAC President
NOm® s
A BILL FOR AN ACT
RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
BE IT ENACTED BY THE LEGISLATUREF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds existing state law requires
2 a police officer employed after .lune 30, 2012, to meet both age
3 and years of service requirements for retirement. An officer hired
4 after this date is required to have twenty-five years of service
5 and have attained the age of fifty-five. According to a study by
6 the National Center for Biotechnology Information, the years of
7 potential life lost for police officers was twenty-one times
8 greater than that of the general population. Police officers
9 generally have shorter life expectancy due to stress, shift work,
10 obesity, and exposure to hazardous work environments. The study
11 also found that a male police officer who reached age fifty between
12 1950 and 2005 was expected to live only 7.8 additional years, while
13 a male in the general population of the United States that reached
14 age fifty in the same time period was expected to live an
15 additional thirty-five years. Further, male police officers aged
16 fifty to fifty-four years had a nearly forty percent probability
17 of death compared to a one percent probability for males in the
1S general population in the same age category.
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1 The legislature further finds that, upon considering the
2 results of this study, eliminating the minimum age requirement for
3 police officers and maintaining the twenty-five years of service
4 requirement may help to reduce the mortality rate risk factor for
5 police officers. For example, an officer who joins the police
6 department at age twenty would have the option to retire at forty-
7 five, which would significantly reduce the possibility of health
8 risk factors associated with police work. Additionally, Honolulu
9 and Maui police departments have developed a lateral transfer
10 program to attract former officers from Hawaii or elsewhere to
11 transfer to Honolulu or Maui, but the retirement requirements of
12 twenty-five years of service and minimum age of fifty-five
13 discourage many qualified individuals from transferring.
14 The purpose of this Act is to provide an incentive to recruit
15 and retain more police officers.
16 SECTION 2. Section 88-73, Hawaii Revised Statutes, is amended
17 by amending subsection (a) to read as follows:
I8 " (a) Any member who:
19 1. Became a member before July 1, 2012, and has at least
20 five years of credited service and has attained age
21 fifty-five;
22 2. Became a member before July 1, 2012, and has at least
23 twenty-five years of credited service;
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1 3. Has at least ten years of credited service, which
2 includes service as a judge before July 1, 1999, an
3 elective officer, or a legislative officer;
4 4. Becomes a member after June 30, 2012, and has at least
5 ten years of credited service and has attained age
6 sixty; or
7 5. Becomes a member after June 30, 2012, and has at least
8 twenty-five years of credited service [and has
9 attained age fifty five], shall become eligible to
10 receive a retirement allowance after the member has
11 terminated service,
12 shall become eligible to receive a retirement allowance after the
13 member has terminated service."
14 SECTION 3. Corresponding amendments are made to Section 88-
15 99, Hawaii. Revised Statutes.
16 SECTION 4. Statutory material to be deleted is bracketed and
17 in strikethrough.
18 SECTION 5. This Act shall take effect upon its approval.
19
20 INTRODUCED BY:
21 great:mise:003(2)abi1101:kmat
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. B . NO .
A BILL FOR AN ACT
RELATING TO SPECIAL MANAGEMENT AREAS .
E IT ENACTED BY THE LEGISLATURE OF THE STATE OF AII:
1 SECTION 1 . The legislature finds that targeted amendments
2 to the definition of "development" as it relates to special
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3 management areas will promote, not undercut, the environmental
4 controls and quality that special management area regulations
5 are intended to protect. Currently, the broad definition of
6 "development" coupled with rising labor and materials costs can
7 result in a special management area use permit review being
8 required for improvements, facilities, and incidental structures
9 that may not warrant such intense scrutiny and the associated
14 costs and delays that go along with it.
11 The legislature further finds that exclusions from the
12 special management area definition of "development" are
13 desirable for the following activities :
14 (1) Installation, maintenance, repair, and replacement of
15 public pedestrian and bicycle facilities to reduce
16 reliance on vehicles;
17 (2) Trash removal, invasive vegetation removal or control,
18 and fencing for invasive species control or
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1 preservation of native habitats to improve the quality
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2 of the environment;
3
3 (3) Installation, maintenance, repair, and replacement of
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4 lighting, fixtures, and equipment to comply with
5 standards at public facilities, including health and
3
6 safety standards, to protect native seabird
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7 populations and reduce light pollution; and
S (4) Installation, maintenance, repair, and replacement of
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9 security measures for existing public facilities .
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10 The purpose of this Act is to expand exclusions to the
11 definition of "development" in chapter 205A, Hawaii Revised
12 Statutes, to reduce the need for special management area permits
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13 for certain activities .
14 SECTION 2 . Section 205A-22, Hawaii Revised Statutes, is
15 amended by amending the definition of "development" to read as
16 follows :
17 "Development" [moans] :
18 (l) Means any of the uses, activities, or operations on
19 land or in or under water within a special management
20 area that are included below:
21 [+1+] (A) Placement or erection of any solid material
22 or any gaseous, liquid, solid, or thermal waste;
3
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1 [4-2-+] (B) Grading, removing, dredging, mining, or
2 extraction of any materials;
3 (C) Change in the density or intensity of use of
4 land, including but not limited to the division or
5 subdivision of land;
6 [-(-4}] (D) Change in the intensity of use of water,
7 ecology related thereto, or of access thereto; and
8 (E) Construction, reconstruction, or alteration
9 of the size of any structure.
["9evel-e� }" , des] (2) Does not include the following:
10 ��—o-� i-�te-�r�c�-
11 [+1-*] (A) Construction or reconstruction of a single-
12 family residence that is less than [seven t'ciemas n
13 d:ve h:,. dr-e ] five thousand square feet of floor
14 area [,,-] ; is not situated on a shoreline parcel or a
15 parcel that is impacted by waves, storm surges, high
16 tide, or shoreline erosion [,-] ; and is not part of a
17 larger development;
18 [+2+1 (B) Repair or maintenance of roads and highways
19 within existing rights-of-way;
20 [+3+1 (C) Routine maintenance dredging of existing
21 streams, channels, and drainage ways;
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1 [4-4-)-] (D) Repair and maintenance of underground
2 utility lines, including but not limited to water,
3 sewer, power, and telephone and minor appurtenant
4 structures such as pad mounted transformers and
5 sewer pump stations;
6 [{S}] (E) Zoning variances, except for height,
7 density, parking, and shoreline setback;
8 [+6+1 (F) Repair, maintenance, or interior alterations
9 to existing structures;
10 [-R+] (G) Demolition or removal of structures, except
11 those structures located on any historic site as
12 designated in national or state registers;
13 [+S+] (K) Use of any land for the purpose of
14 cultivating, planting, growing, and harvesting
15 plants, crops, trees, and other agricultural,
16 horticultural, or forestry products or animal
17 husbandry, or aquaculture or mariculture of plants
18 or animals, or other agricultural purposes [,,—] ;
19 including all traditional fishpond and traditional
20 agricultural practices;
21 [4-9+] (z) Transfer of title to land;
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1 [-4-0+1 (J) Creation or termination of easements,
2 covenants, or other rights in structures or land;
3 [444+] (K) Subdivision of land into lots greater than
4 twenty acres in size;
5 [44-2+] (L) Subdivision of a parcel of land into four
6 or fewer parcels when no associated construction
7 activities are proposed; provided that any land that
8 is so subdivided shall not thereafter qualify for
9 this exception with respect to any subsequent
10 subdivision of any of the resulting parcels;
11 [+1-3+1 (M) Installation of underground utility lines
12 and appurtenant aboveground fixtures less than four
13 feet in height along existing corridors;
14 [+1-4+] (N) Structural and nonstructural improvements
15 to existing single-family residences, where
16 otherwise permissible;
17 [+1--'+] (0) Nonstructural improvements to existing
18 commercial or noncommercial structures; [ ]
19 [-R-6+] (P) Construction, installation, maintenance,
20 repair, and replacement of emergency management
21 warning or signal devices and sirens;
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1 (Q) Installation, maintenance, repair, and replacement
2 of public pedestrian and bicycle facilities,
3 including sidewalks, paths, bikeways, crosswalks,
4 stairs, ramps, traffic control barriers, signs,
5 signals, and associated improvements;
6 (R) Trash removal or invasive vegetation removal or
7 control, excluding the use of herbicides;
8 (S) Installation of fencing, including associated
9 improvements and incidental structures, for invasive
10 species control or preservation of native habitats
11 on conservation land;
12 (T) Installation, maintenance, repair, and replacement
13 of lighting, fixtures, and equipment to establish
14 compliance with current standards at existing public
15 facilities;
16 (U)', Installation, maintenance, repair, and replacement
17 of security measures, including fencing, to existing
18 public facilities; and
19 (V) Traditional and customary practices, including
20 work conducted by traditional means near, in, or
21 related to loko i' a, traditional Hawaiian fishponds;
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1 provided that whenever the authority finds that any excluded
2 use, activity, or operation may have a cumulative impact, or a
3 significant environmental or ecological effect on a special
4 management area, that use, activity, or operation shall be
5 defined as "development" for the purpose of this part. "
6 SECTION 3 . This Act does not affect rights and duties that
7 matured, penalties that were incurred, and proceedings that were
8 begun before its effective date.
9 SECTION 4 . Statutory material to be repealed is bracketed
10 and stricken. New statutory material is underscored.
11 SECTION 5 . This Act shall take effect upon its approval.
12
13 INTRODUCED BY:
14
15 paf:1ma:22-208e
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H 0 U S E C A 0" N C U R R E IN'T
RESOLUTION
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REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT y
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 ;I
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 (1) 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 3
23 states to regulate groundwater and other non-point sources of
24 pollution; and
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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 ti
30
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EXHIBIT A.
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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 a
13 relating to the requirement of a NPDES permit under the Clean
14 Water Act for the discharge of point sources and non-point 3
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. r
20
21 s
22 OFFERED BY:
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REVISED:
1ST DRAFT DATE:
® NO .
A BILL FOR AN ACTI
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RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
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Tp}9 ENA/9TgYyy BY
THE
LEGISLATURE THE
STATE
TE /yF HAWAII:
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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 a
9 youth nicotine addiction, which had been previously on the
10 decline. 3
11
12 This increased youth tobacco prompted Hawaii to adopt laws to a
13 increase the smoking age to 21 years old, and treat electronic U
14 cigarettes in the same manner as the state treats conventional k
15 cigarettes for purposes of clean indoor air laws. The state and '
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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 ?
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19 parks.
if
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 ;s
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the 'sale
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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
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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
33 school students and thirty-one per cent of high school students
34 currently vape.
35
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 4
40 on the sale of and access to these addictive products .
41 E
42 Accordingly, the purpose of this Act is to reauthorize the
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43 counties to enact restrictions of the sales of tobacco products,
44 including electronic smoking devices, by inserting a sunset date
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
52
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54 ,
55 ai:iiziifeiFRi r el eiEelas±',�e fftannei.
3
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57 ,
58 deviees aice preeffipteel,
59 .
60
61 lifftit a—eeia4- y l s -aiathsiFity ander seetien 3280—]
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.
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REVISED:
1 ST DRAFT DATE:
.............
A BILL FOR AN ACT
RELATING TO TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 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
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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 "46- 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
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1 parking of vehicles by designating specific sections of county
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2 highways subject to violations under section 291C-111. The
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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
3 'I
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6 amended by amending subsection (c) to read as follows:
i
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
i
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
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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.
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18 SECTION 5. This Act shall take effect on July 1, 2023.
19 INTRODUCED BY:
20 BY REQUEST
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The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
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