HomeMy WebLinkAboutMIN PCPLUD 2023/09/19 (2022-2024) Policy Committee on
Planning, Land Use, and Development
6th Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
September 19, 2023
CALL TO The regular meeting of the Policy Committee on Planning, Land Use, and
ORDER: Development was called to order at 11:20 a.m., in the Council Chambers,
Kailua-Kona, by Ms. Ashley L. Kierkiewicz, Chair.
ROLL CALL:
Present: Ms. Ashley L. Kierkiewicz, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member
Ms. Michelle M. Galimba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Rebecca Villegas, Member (came in later)
Absent& Excused: Ms. Jenn Kagiwada, Member
STATEMENTS The Chair directed the Committee to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: (There were none.)
CHR KIERKIEWICZ: Mr. Clerk, let's proceed with Bills for Ordinances.
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
PCPLUD-6 September 19,2023
Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
INSTALLATION OF PHOTOVOLTAIC SYSTEMS
Amends Subsection (f)by requiring a professional electrical engineer licensed
in the State of Hawaii to prepare, design, and stamp electrical design drawings
and specifications for residential photovoltaic systems if the system exceeds 30
kilowatts.
Reference: Comm. 435
Intr. by: Mr. Kaneali`i-Kleinfelder
(Note: Comm. 435.1, from Council Member Matt Kaneali`i-Kleinfelder,
dated September 18, 2023, transmitting a proposed amendment to Bill 66,
was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage
of Bill 66 on first reading. Seconded by Mr. Inaba.
CHR KIERKIEWICZ: Mr. Kaneali`i-Kleinfelder, you have the floor.
MR. KANEALII-KLEINFELDER: Thank you, Chair. In front of you, you have
a bill, and I do like these kinds of bills where you can be very efficient with
language, being a change of 1-2-3-4-5 words. The point of this really was to
bring us in alignment with the other counties in our State in providing this
allowance, which would streamline solar PV, Photovoltaic, systems and increase
the ability of the folks installing them to get them in and done in a quicker amount
of time and at less cost. But of course, not taking away from the safety
precautions that we have in place.
We did discuss briefly with DPW, our Public Works Department, as well as our
head electrical inspector. They were given the Zoom credentials to join us today.
There we go, Mr. Pause. Mr. Pause, if you could, give us a little background on
the department's feel for this just so the Council is aware, and then we'll go from
there. Thank you for joining us today.
(Note: At this time, Public Works Director Stephen Pause came forward
to address the members of the Committee.)
MR. PAUSE: Absolutely. Aloha everyone, Steve Pause, Director of Public
Works. In Council Chambers are Kelly Wilson, Deputy Building Chief, and then,
Gary (Kaho`ohanohano), our Electrical Supervisor here on the Hilo side. They're
going to be able to—especially Gary, a far better job of explaining some of the
intricacies of our thoughts here on this bill.
But generally speaking, our conversations have gone around as to what would be
the sweet spot for the size of system. We're of the opinion that a 10-kilowatt
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PCPLUD-6 September 19,2023
(k or kW) system is pretty representative of a residential system. I believe,
generally speaking, 85 percent of the applications that come in are at that level;
10 kilowatts or less for residential.
We've also enacted a policy, and I know I've discussed this in front of Council
where we're not doing plan reviews. In other words, when an application comes
in presently, it's stamped by an electrical engineer. But we're not doing plan
reviews, we're just doing field inspection and an approval. So, I'm going to ask
Gary to maybe speak a little bit more. I know how much he doesn't want to speak
in public.
But the complexity, I think, of systems that start getting above 10 kilowatts,
speaking with our folks as well as Wayne Saiki, who's the Electrical Supervisor
and Inspector on the West side, as well. I think the thought was that the design
starts getting a bit more complicated as you get above that. As I mentioned, the
10-kilowatt systems seems to be about a good place for most residential systems.
So, we're in favor of your bill with the preface that we would prefer to see it, you
know, at that 10 kilowatt. So, in other words, 10 kilowatts or less covers most
residential systems, and not having a professional engineer stamp those. I think
we're in favor of that. I think going higher is something that is a bit more difficult
as far as taxing our resources and maybe putting a bit more burden on our
inspectors.
So having said that, Kelly, I don't know if you want to add anything or just send
Gary up front and center, and he could maybe provide a little bit more detail in
terms of what they see on the electrical inspection side. Thank you, and thank
you for this opportunity, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Director, appreciate that.
(Note: At this time, Public Works Hilo Building Division Supervising
Electrical Inspector Gary Kaho`ohanohano came forward to address the
members of the Committee.)
MR. KAHO`OHANOHANO: Aloha. Gary Kaho`ohanohano with the Building
Division on the Hilo side. We are all in favor of going with the 10k(kilowatt).
The only reason being is because, I do intake and I see the majority is all under
l OkW. So I would say like, you know, 85 percent of the time, that's what it is.
So, we highly recommend that we stay at 10k; try it out and see what happens.
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PCPLUD-6 September 19,2023
MR. KANEALI`I-KLEINFELDER: Okay, thank you very much, Gary.
Anything to add, Mr. Wilson? No, not at this time? Okay. Well, I appreciate the
conversation with the department.
To the Council, in front of us we do have an amendment to the bill, which would
actually strike out the number 30 and bring it down to 10(k). I would throw it to
the Council, though, the reason we started at 30(k) and given the comments from
the department, the reason we started with 30(k) is because it matches Oahu and
Maui. Kauai is actually a little bit different. So,two of the three counties in our
State already have language like this that sets it at 30 kilowatts.
So, I would put it to the Council. But with, of course, you know, the concerns
given by the department, we can either drop it down and amend to 10(k), because
the bill currently states 30 kilowatts or less; or we can stick with 30(k) and go
from there. This can be amended in the future.
Folks in the industry are supportive of one or the other. They prefer 30(k), but
10(k) would be considerable in their eyes as well. So, I'll open it up to the
Council for a discussion or questions then we'll come back to the amendment if
you want to do that. Chair, I yield.
CHR KIERKIEWICZ: Thank you. Council Member Lee Loy, you have the
floor.
MS. LEE LOY: Thanks. Yeah, I love this. This is actually really great. You
know, having done a lot of work around the Codes, it's really just a Health and
Safety Code. So, you know, when I listened to Gary Kaho`ohanohano and our
Director Pause, they seemed to be comfortable at 10(k). But however, I want to
take it out for a spin.
Maybe Gary or Kelly, if you guys don't mind coming forward, there's been, you
know, some talk about, it brings Hawaii County into alignment with all the other
counties. I just really want to compare apples with apples, if it actually isif
Hawaii County's out of alignment, or is it just handled differently in Maui
County or Kauai?
(Note: At this time, Public Works Deputy Building Chief Kelly Wilson
came forward to address the members of the Committee.)
MR. WILSON: Kelly Wilson, Deputy Building Chief. Thank you, Sue. One
thing that is different on the other counties, than it is in Hawaii County, is that
the Electrical Co-op (Cooperative) in Kauai and HECO (Hawaiian Electric
Company) does do the actual inspections and certifications. They are responsible
for the installations here in Hawaii County. Hawaii County is responsible
through their permitting system.
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PCPLUD-6 September 19,2023
The other counties do not do the inspections. So, everything has to be cleared
through HELCO (Hawai`i Electric Light Company), or right now, it is cleared
through the County of Hawaii in order for the installations.
MS. LEE LOY: Thanks Kelly. So, this number 30(k) is a lot more nuanced than
everybody across the State will be at 30(k)?
MR. WILSON: That is correct. I'm trying to thinkI want to make sure I have
the numbers right and I don't have the paperwork in front of me. Actually, on
Maui, they are at the 30(k), but they do both residential and non-residential, and
with that they do not do the inspections. They do not do plan review on those,
they leave that up to HECO to do that.
On Kauai, they base it on a 40kVA (kilo-volt-ampere), which is a different
system or different configuration. So, it's not quite the same. Then on Oahu,
they basically again, allow HECO to be the responsible parry for it all.
MS. LEE LOY: Got it. I guess, you know, we try and tailor our Codes to fit
Hawaii County. And there's been representations that we're actually coming
into alignment with everybody else, but it's different, right? Their tailoring is
different and their inspections are different.
MR. WILSON: That is correct.
MS. LEE LOY: Okay. You or maybe Gary mentioned 10(k)was a nice place to
land for us, and is that because of the risks, whereas a system at 30(k) has a lot
more complexity and risks compared to something at 10(k)? Come on Gary, you
can tell the grandbabies, look I was on TV(television).
MR. KAHO`OHANOHANO: Hey Sue, aloha. Of course, it's a little bit more
complex as you had mentioned earlier. The 30k of course, you know, it's going
to be a larger sized system. Both Matt and I know that. Going back to why we
want this at 10(k) is because like I said earlier, it is you know, the majority of
permit applications coming through the County. We're really comfortable with
that and wanted to give that to the public and contractors, you know. So, I would
say, you know, it's a good way to start here.
MS. LEE LOY: Okay. Just off the—if you guys know the industry, what an
electrical engineer stamps are at, because we hear about it all the time, right, the
wet stamp of an architect costs "X" amount of dollars, right?
MR. KAHO`OHANOHANO: Right.
MS. LEE LOY: Do you guys know what the industry standards are as far as the
cost of an electrical engineer?
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PCPLUD-6 September 19,2023
MR. KAHO`OHANOHANO: I can't say, because I wouldn't know, sorry.
MS. LEE LOY: Can we dig into that?
MR. PAUSE: Council Member Lee Loy, if I were to speculate, I'm thinking
what does it cost to do a stamp on an IWS (Individual Wastewater System), and
what does it cost to do a stamp on a structural for a home? I'd guess I'd have to
place that stamp somewhere between $1,000 and $5,000.
MS. LEE LOY: Yeah because I mean
MR. PAUSE: It's a big range, but it's something.
MS. LEE LOY: Right, and I'm trying to balance the need of this industry and this
energy against profiteering, right? Because, normally what happens is that cost is
then passed on to the consumer. But now we've created a pathway where the
profit margin in this photovoltaic area creates a larger profit for the installer,
because that cost is no longer passed on to the consumer. I see you nodding,
Steve.
MR. PAUSE: Yeah, I agree. I think that's good logic.
MS. LEE LOY: Steve, Kelly, or Gary; you guys keep mentioning 10(k) and the
bill says 30(k). If there was an advancement of an amendment at 10(k), could
someone aggregate up to a larger system; like 10(k), no stamp, pull another 10(k)
and add it on? You guys looked at each other like you didn't even think that one
through.
MR. WILSON: All of that has been thought through before, but well, we do see
some expansion of systems. I don't know what the percentage of those
expansions would be. We've seen a lot more, probably re-submittal of PV
systems adding battery systems rather than adding panel systems. But that is
always a possibility that they could upgrade, and I know personally, we've talked
about it at our home.
But then yet, we're in a different kind of situation,because we're off-grid, and
we've got little ones that are going to school and needing iPads, and more
computers, and all that stuff. So, we're looking at upgrading ours. We're
currently under 10(k). But possibly, we might be one of those that would be
subject to upgrading ours that would add, then our full system would then be over
10(k). But yeah, it is a possibility that you could just keep, you know, adding and
adding to it.
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MS. LEE LOY: Got it. And Gary, you mentioned again, this 10(k) is pretty
much the normal, right? What's the pipe look like for PV as far as turnaround
time with these kinds of residential 10(k) less?
MR. KAHO`OHANOHANO: On the IOkW?
MS. LEE LOY: Yes.
MR. KAHO`OHANOHANO: So, the turnaround time, like we're doing a lot of
catch up right now, but it's going fairly fast. I've been putting in some overtime,
and we're getting there.
MS. LEE LOY: Oh, come on Gary, guess on some days, like 20(k) or less, 30(k)
or less?
MR. KAHO`OHANOHANO: It's 30(k) or less.
MR. PAUSE: Yeah, it's definitely 30(k) or less. I mean, for a little bit we were
actually running at like 10 to 14 days with PV on residential. What the setback is.
Is there's a few companies out there that inundate us with permits, and we turn
them around. But then we have to process revisions after the fact, and that kind of
slows down the ability to process new permit applications coming in.
We have an Electrical Engineer position that's been vacant since, I think it was
May. But yeah, I would easily say less than 30 days. I know Gary is doing, as he
mentioned, putting in extra time. Same on the West side with Wayne and his
guys. But, yeah, we're working. Ideally, we're not out further than two weeks on
an application. That would be a realistic goal.
MS. LEE LOY: Great. Thanks fellas. For Mr. Kaneali`i-Kleinfelder, as it's
written, I cannot support,just because of what they shared. My largest concern,
actually is, that we're at 30(k) and acknowledging that the Code is structured
around health and safety—how do I say this? At 30(k), that exception ends up
swallowing the standard of health and safety is what I hear our subject matter
experts expressing. It gets a little more complex and the risks are a little higher.
The aggregate bothers me, and overall, I'm having a lot of heartburn about
legislating for someone's profit margin. I can see the flip side of that where we
want to encourage renewable energy in other places, but we've got to find a
balance of where we're going to provide areas to meet our goals but also balance
an industry. And only one industry that's going to profit from this engineering
stamp.
I think the department has found a nice place to land. I'm probably still going to
need some convincing, only because I'm really having problems with giving an
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industry an unfair advantage at a larger profit margin. Because you started this
conversation saying we're bringing everybody into alignment, but that's not
accurate because of the way Maui does it, Kauai does it, and City and County of
Honolulu does it.
It's not apples for apples, it's apples to orangutans. It's just different and
complex. That's where I am. Thanks fellas. I yield.
CHR KIERKIEWICZ: Thank you, Council Member Lee Loy. Council Member
Evans, you have the floor.
MS. EVANS: Thank you. Good morning, it's a little bit before noon. I look at it
from a different angle. I like the fact that we're having this bill. I don't think it's
quite ready to advance to Council. I'd like to see the author of the bill to maybe
look at it from a standpoint that photovoltaic systems are becoming the norm.
That is, we're moving towards, this is what we do.
However, the system in the industry is evolving and changing, and one of the
things that is bothering me is the electrical vehicles and the batteries catching on
fire, you know, in people's garages. Not understanding, when we say
photovoltaic system, I looked up Chapter 5 and couldn't find a definition. So, the
system, what is that definition? If the system includes all the batteries and all that
stuff you have to add to enhance the photovoltaic systems, so you actually create
this renewable energy system for your house. You know, you plug other things
intoI think it's evolving and changing and it's exciting.
I like that we're looking at this whole section. I actually was looking at Section 2
also, because I think if we're looking at changing Section 1, Subsection (f), I
think we should look at(1) and(2) and think about it in the way this industry is
evolving. I think it's an opportunity to revisit this section and update it, and I like
the fact that we're doing this. I have no strong feelings about the 10(k) or the
30(k).
I have more feelings like was commented on by Member Lee Loy. I am
definitely concerned about public safety. Whatever we do, I think we have to
look through that lens, what are we going to do to protect the public? Because I
do know in my family, when it comes to anybody touching electricity, they
always want a professional. They don't want a handyman or anybody else
touching it. So, I think there's some nuances here and I'd like to see it advance,
but maybe it's not quite ready, is my comment. Thank you, I yield.
CHR KIERKIEWICZ: Thank you. Council Member Inaba.
MR. INABA: Thank you. Mahalo, Mr. Kaneali`i-Kleinfelder for bringing this
forward. Hearing from the department and having no electrical experience or
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knowledge myself, I will support this with the amendment to the 10 kilowatts.
And thank you for the department for chiming in from Hilo today. Chair, I yield.
CHR KIERKIEWICZ: Anyone else? Council Member Kimball.
MS. KIMBALL: Thank you, Chair. Just to reaffirm with the folks from DPW.
So, I'm getting a PV system put on my house. I'm still going to have to get a
permit, right, but you've made that process simpler. You've streamlined that
process, and I'm still going to have to get an inspection at some point, but I just
don't need the engineering stamp, based on this proposal?
MR. KAHO`OHANOHANO: Yes, that's correct.
MS. KIMBALL: Okay. I had one other question. This is not—would this apply?
I was recently introduced to a PV hot water system. So, it was a photovoltaic
system that was directly linked; very small PV system, like four panels. Two in
the electric hot-water heater. Would that fall under this?
MR. WILSON: No, that would be qualified; that would require a variance from
DBEDT (Department of Business, Economic Development, and Tourism) for
your solar hot water. Solar hot water is required by the State, and it has to be
panels on the roof. They do have a variance that you need to go through and
that's what you're talking about, that situation there.
MS. KIMBALL: Interesting. Okay, thank you. Yeah, like my colleague, Vice
Chair Inaba's position, I'm happy to support this at the 10(k), based on the
department's recommendation. Thank you, Chair, I yield.
CHR KIERKIEWICZ: Thank you. Council Member Galimba.
MS. GALIMBA: Basically, the same.
CHR KIERKIEWICZ: Anyone else. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Good discussion and thank you.
To some of the points made today, you know, first of all, we've heard numbers
kicked around. Unless there's some solid numbers that anyone has some
documentation for, I'm just going to leave those outside the conversation, and I'm
not going to bring those in. Because it just gets confusing for the public, and for
anyone watching, and for us as the decision makers.
To the public safety end, I believe—let's not even use the word "believe." To the
public safety end, HELCO receives every application for a solar system, and they
review it. That's done before the companies move forward with the County and
the permitting in-house. Because you don't want to guarantee a system for
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someone HELCO won't approve connecting to the grid. So, that's part of that
public safety end. And to the other end, all these systems still have to get
permitted, they have to get inspected by the County, and there's a lot of safety
precautions on top of the companies' own need to become a good contractor and
be an electrical contractor in good standings in our State. There's a lot of safety
precautions built in already. With our Building Department's positive support for
the 10-kilowatt amendment, I feel comfortable in moving this forward without
taking away any of the public safety precautions that are built into this process.
So, with that, I'm going to make the motion to amend. So, Chair if you would, I
motion to amend Bill 66 with the contents of Communication 435.1.
Motion to Amend: Mr. Kaneali`i- Kleinfelder moved to amend Bill 66
with the contents of Comm. 435.1. Seconded by
Mr. Inaba.
CHR KIERKIEWICZ: Any discussion? Mr. Kaneali`i- Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I'm pretty straightforward
removing the number "30" and replacing it with "10. " And just for some
background, I've got 10 years of background in the industry, IOkw is basically,
even with the bigger more powerful panels that you're going to see today, that's
still in the range of about 24 panels.
For most folks, like the department said, about 85 percent of the applications
they're getting is smaller residential systems. This is geared with the wording for
residential installations greater than, and this point now, l Okw. So, smaller
systems are coming in for our residents across the island, and just helping kind of
streamline that process. That's what this is about. So, look for everyone's
support on the amendment.
CHR KIERKIEWICZ: Any other comments on the amendment? Seeing none,
there's a motion on the floor, all those in favor please say "aye."
Vote on Motion The motion to amend Bill 66 with the contents of
to Amend: Comm. 435.1 was carried by the following voice vote:
(Approved)
Ayes: Committee Members Evans, Galimba,
Inaba, Kaneali`i-Kleinfelder, Kimball,
Lee Loy, Villegas, and Chair Kierkiewicz—8.
Noes: None.
Absent: Committee Member Kagiwada— 1.
Excused: None.
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CHR KIERKIEWICZ: Thank you. Bill 66 is amended with the contents of
Communication 435.1. Back to the main motion. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Okay. So, we're back to the amended bill,
as amended, with the contents of Communication 435.1. I really do appreciate the
department discussing with me before we walked into the meeting, so we could
come up with a good solution on how to make our County more resilient and
sustainable. I appreciate your guys time today. Thank you very much for the
discussion in advance as well, so we could get this amendment ready for our
Council meeting today. With that, I look forward to the discussion from the
Council and hope for everyone's support today on this. Thank you.
CHR KIERKIEWICZ: Thank you. Council Member Lee Loy.
MS. LEE LOY: Thanks Chair. On the amendment, Mr. Pause, Kelly, Gary; you
know, I had asked the question earlier about the aggregate total. Does this
amendment still leave that door open as far as adding on beyond 10(k)?
MR. PAUSE: I think the language, Council Member Lee Loy, would seem that it
would leave that open. It would seem that we've not accounted for closing that.
Now, the question becomes one of, how likely is that to occur? You know, if you
don't mind, I'm just going to ask Gary straight up, have we seen situations like
this occur? Because certainly, since we've lessened the building permit
requirement to 10(k) and under, Gary have we seen multiple submissions for the
same property?
MR. KAHO`OHANOHANO: We have, but it doesn't go like consistently. You
know, it pauses for a few years and then come up again. So, your question, yes it
could be done, but it's not going to happen simultaneously. It'll happen in a few
years later. They can expand their existing system and put like a 10(k) and move
on to another 10(k). But if we stay within 10(k), you know, throughout the years,
it'll be okay.
MS. LEE LOY: And the 10(k)'s will stand alone, or could they be engineered to
be added together, or that would be the intention? Take your time, that's okay.
MR. KAHO`OHANOHANO: That's correct. It'll extend more thanso, the
total would be more than 10(k), you know, by adding on to an existing system.
But in this case, like if they put in a l Ok now and maybe two years later go with
another 10(k), it wouldn't matter. We look at it as coming in as a l Okw system,
even though they're adding on to the existing.
MS. LEE LOY: Okay. You know, Mr. Kaneali`i-Kleinfelder mentioned that
HELCO looks at our plans prior to it actually coming into the County. Are they
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looking at the engineering of it to make sure it fits the system, or is it more that
they can utilize the power generated from a system?
MR. KAHO`OHANOHANO: I believe that HELCO looks at it at a perspective,
if they're going to allow what they're proposing to hook up to the grid.
MS. LEE LOY: Got it. So, they're not evaluating from an engineering
perspective? They're evaluating it as it adds to the entire amount of kilowatts
being pushed into their grid.
MR. KAHO`OHANOHANO: That's correct.
MS. LEE LOY: Okay.
MR. PAUSE: And I would say, Sue, the other piece of that, they would also be
evaluating the safe connection, right? There are requirements now for safety
shut-off switches and things like that. So, HELCO will be picking up a
component of the overall design, especially when it comes to making those safe
connections. Maybe not a thorough review of every piece of that system, but
certainly key components that are involved with safety in connection.
MS. LEE LOY: Okay. You know, I've challenged this Council when we put
policy up to try to break it, and I hope you guys can respect that. I'm doing the
exact same thing. I think what bothers me the most is the integrity of how this
was brought forward. It was first stated that it was to bring us into compliance
with other municipalities across the State. That's now inaccurate.
We're still maintaining the safety of it and there's a couching around who's
evaluating the system and how everybody's providing some checks and balances,
and that again, was an inaccurate or misleading statement. Then, I'm finally still
really stuck that we're providing one industry. One. It's not fair and equitable to
any place else, a larger profit margin.
I like the idea of trying to get our families into renewable energies, but this one
started off being couched a certain way, and then, as we explored it, those were
just inaccurate representations. I'm not going to be supporting this just because I
don't like the integrity of it, especially around the profit margins for one industry.
Although, I still think it's a place for us to continue to explore. I yield.
CHR KIERKIEWICZ: Thank you. Mr. Inaba.
MR. INABA: I think I'm ready for the vote. Thank you.
CHR KIERKIEWICZ: Anyone else? Ms. Villegas.
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MS. VILLEGAS: I want to start off by thanking Council Member Kaneali`i-
Kleinfelder for bringing this forward, and with your flexibility for having
conversations around what the intention is. Having had numerous conversations
with people who work in the housing field, and are perpetually frustrated with the
requirement for a full engineering sign-off on things and parts of building
processes that they deem that to be kind of excessive. I think that this piece of
legislation brings forward a solution for that. It puts us in alignment with our
stated goals of becoming less reliant on fossil fuels and exploring opportunities
for an alternative form of energy.
I guess I also find myself perplexed on the Council a number of times when we
bring forth legislation and kind of the disparity of agreement on things. Some of
the ironies that end up to me feeling a bit like hypocrisies when you're bringing
forth something, and you're never going to be able to do it right is kind of how it
starts to feel after a while.
So, I'm going to be firmly supporting this. Thank you for bringing forth the
amendment and dropping it to the 10(k) instead of the 30(k), based on the
recommendations of our resident experts in DPW and what they're comfortable
and familiar with. I'll humbly admit, it may be naivete, but I don't perceive this
as providing any potential for any direct correlation between the potential gains
for who's in the photovoltaic industry. I think that we can do things more
equitably that provide a more streamlined process that allow for access to these
kinds of environmentally sound technologies for more places. I think that is a
wise direction to step in and in alignment with the goals and the policies that's in
alignment with my value system. So, I am grateful to be supporting this piece of
legislation moving forward today. I yield.
CHR KIERKIEWICZ: Thank you. Anyone else? Council Member Evans.
MS. EVANS: Thank you. I have to say, the fact that the department supports this
says a lot because we do have our professionals that are in the department. So, I
would have to defer to them, being not a professional in this field. However, I do
hope as it advances, which I think it will, I'd really like to have a little more
discussion on what the photovoltaic system is.
Again, I want to repeat that I do think that now with the batteries and more going
on with the system, it's getting a little more expanded from when this law came
into being. Things have changed since then. So, there might be an opportunity to
maybe update it a little bit more. So, maybe when it gets to Council there could
be an amendment or something to look at that.
Because I do have concerns again, that we're having fires from these battery
systems from what I understand. So, it might be worth exploring it a little bit.
But thank you, appreciate it. I yield.
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PCPLUD-6 September 19,2023
CHR KIERKIEWICZ: Thank you, anyone else? Thank you for bringing this
forward. It does feel a little like special treatment for a particular industry, but as
Council Member Evans said, at some point we need to take a look at things
holistically within our Code and see how everything aligns.
I do want to ask the introducer if Compliance Rule 10 will be followed related to
a disclosure of interest. While it is clear that you may not be working in solar, my
understanding is someone in your immediate family does. So, I think we are all
committed to integrity and operating with transparency. So,just wondering if in
writing you will be submitting something that discloses someone in your family
working in the industry.
MR. KANEALI`I-KLEINFELDER: I did want to say that. Thank you for
mentioning that. To the Council and for the record, I currently do not work for
the solar industry. I do not have a contractor's license. I have a journeyman's
license, which doesn't allow me to pull up permits. I'm not a contractor, and my
son is working under an electrical contractor. But there areI don't know how
many electrical contractors in the State. So, I think it's good to state for the
record,just for the transparency piece. But I think also to point out that I
currently don't, and I'm not able to reap the benefits of this,personally. Thank
you.
CHR KIERKIEWICZ: Thank you. Rules are rules. We adopted these rules.
We all make disclosures, and I just wonder if had I not asked, it would not
have been shared with the public. So, according to Rule 10, these things
should be done in writing, and so please work that out with our Council Chair
just for the sake of transparency, and because we all have committed to
operating according to these rules. Thank you.
There is a motion on the floor to move Bill 66, as amended to the Council
with a favorable recommendation. All in favor please say "aye."
Vote on Bill 66: The motion to recommend passage of Bill 66, as
Draft 2 amended to Draft 2, on first reading was carried by
(Approved) the following roll call vote:
Ayes: Committee Members Evans, Galimba,
Inaba, Kaneali`i-Kleinfelder, Kimball,
Villegas, and Chair Kierkiewicz—7.
Noes: Committee Member Lee Loy — 1.
Absent: Committee Member Kagiwada— 1.
Excused: None.
CHR KIERKIEWICZ: Thank you. That brings us to the end of our
agenda. May I have a motion to adjourn.
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PCPLUD-6 September 19,2023
ADJOURN- There being no further business, at 12:04 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Kimball and carried by the following voice vote:
Ayes: Committee Members Evans, Galimba,
Inaba, Kaneali`i-Kleinfelder, Kimball,
Lee Loy, Villegas, and Chair Kierkiewicz— 8.
Noes: None.
Absent: Committee Member Kagiwada-- 1.
Excused: None.
CHR. KIERKIEWICZ: We are adjourned at 12:04 p.m. Thank you.
Approved:
(i ( -7402:3
M,. ; shley L. Kierkiewicz, Chair (Date)
Po icy Committee on Planning,
Land Use, and Development
AK/dt
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