HomeMy WebLinkAboutCOM 0676.000 1998-2000 jV OF N
oJ~,.~• •..,1y1
Stephen K. Yamashiro 1W4„ Harry A. Takahashi
Ma4or ;r Dvecfor
sr,-,,• ~ K. Schulte
~rF OF NFL Deputy
~ourrtp of ~amaii ~ "
DEPARTMENT OF FINANCE , i
25 Aupuni Street, Room 118 Hilo, Hawaii 96720-0252
(808)961-8239 Fax (808)961-8248
February 24, 2000
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
Enclosed is a bill for an ordinance appropriating $24,500 for the Hawaii Island
Local Emergency Planning Committee (LEPC). The State of Hawaii has
established a local emergency reponse planning account within the
Environmental Response Revolving Fund (ERRF). Under a Memorandum of
Agreement, the State Department of Health (DOH) will provide LEPC funding
from the ERRF on an annual basis. In addition, the DOH may provide
additional funding from the Hazardous Materials Emergency Preparedness
(HMEP) federal grant program to the LEPC.
Also enclosed is a resolution authorizing the Mayor to enter into an agreement
with the Hawaii State Emergency Response Commission.
If there are any questions, please do not hesitate to call the Hawaii County Fire
Department.
Q
Harry A.ahas 1
Director of finance
PROV D:
~~1
~tephen K. Yamashiro
Mayor
Enc.
g, r i I ~ Comm. No.
File No. FNb~OPR
Ref, To: FG
Ref. Date FEB 2 A 1000
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Fire DATE: 2/1/00
STAFF CONTACT: Edward Bumatav, Fire Chief PHONE: 961-8297
A. REQUEST:
The Hawaii County Fire Department (HCFD) seeks approval to accept
and disburse funds of $24,500 from and for the Hawaii Island Local
Emergency Planning Committee (LEPC) on an annual and continuing
basis. The Hawaii Island LEPC is a State committee that conducts
programs within the local jurisdiction.
Proposed Budget: Obj. 104 Travel 2,500
231 Public Safety Supplies 15,000
481~QMisc. Eqpt. 7,000
24,500
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The State of Hawaii has established a local emergency response
planning account within the Environmental Response Revolving Fund
(ERRF) Section 128E-5(g) of the Hawaii Revised Statutes states
that the administrative and operational expenses of a committee
may be paid by the State [L 1993, c 300, pt of sec 1] Under a
MOA between the Hawaii State Emergency Response Commission (HSERC)
and the LEPC, the State Department of Health (DOH) will provide
LEPC funding from the ERRF on an annual basis. Additionally, the
DOH may provide funding from the Hazardous Materials Emergency
Preparedness (HMEP) federal grant program to the LEPC.
The LEPC is responsible for establishing a revolving account and
to receive and expend funds for LEPC functions. HCFD will serve
as a conduit whereby the LEPC can carry out its financial
responsibilities utilizing the County's accounting, purchasing,
and budgeting services. Budget execution documents will be
prepared under the direction of the LEPC Chair and signed by the
HCFD Fire Chief.
SIGNED: v ~ DATE: °Z/~
Department Head
iy~d l ei~l~on Chair Mirikitani and council members. I am Captain Carter Davis with
C`• ~olulu Fire Deparhnent, here today as the Chair of the Honolulu Local Emergency
Planning Committee. I initiated this request for the council's review and approval so as
to establish a special account to receive funds from the State Legislature related to Title
12 HRS, Chapter 128E, Hawaii Community Right to Know Law. This Law established
in 1993, emulates the Federal Community Right-to-Know Act that Congress passed in
1986. Both laws require the establishment of a State Emergency Response Commission,
and that the Commission designate emergency planning districts and appoint a Local
Emergency Planning Committee (LEPC) in designated jurisdictions. The Hawaii State
Emergency Response Commission (HSERC) established an LEPC in each county. The
main purpose of the LEPC is to act as a collection point for chemical inventory reports
received from private industry and government departments that store, use, manufacture
large quantities of Hazardous Substances or some cases smaller quantities of Extremely
Hazardous Substances. This information is than provided to other government agencies
and private citizens who may be interested or concern about the chemicals in their
communities. The Committee also maintains and periodically reviews our Hazardous
Materials Emergency Response Plan, Appendix 6 to Annex S of the City Emergency
Operations Plan. In addition, the Honolulu LEPC provides a forum for local, state,
federal executive and legislative branches of government and private industry to address
concerns regarding the use, storage, manufacture and transportation of hazardous
substances in this community. Chapter 128E also allowed the State Health Department to
establish filing fees from organizations that must report there chemical inventories to the
LEPC. The purpose of these fees is to provide a funding mechanism for the LEPC to
meet the obligations of the Community Right-to-Know Laws. Our designated share of
the filing fees will be placed in this account so that we can pay for administrative costs of
the Honolulu LEPC as well as those needed for designated projects. The State
Department of Health may also periodically provide to the Honolulu LEPC federal
funding for emergency response purposes, and a separate special account will be
established to administer those federal funds. I, along with Mr. Leland Nakai, the
Honolulu LEPC coordinator and OCDA HAZMAT Officer, are available for any
questions.
. ; CITY COUNCIL
CITY AND COUNTY OF HONOLULU
• HONOLULU, HAWAII - NO. 99-34Z+ ~1
RESOLUTION
AUTHORIZING THE CHAIR OF THE HONOLULU LOCAL EMERGENCY PLANNING
COMMITTEE (LEPC) OF THE CITY AND COUNTY OF HONOLULU TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT AND ACCEPT FROM THE HAWAII STATE
EMERGENCY RESPONSE COMMISSION (HSERC), ANNUAL FUNDING AND FEDERAL
GRANTS SPECIFIED FOR LEPC EMERGENCY PLANNING AND PREPAREDNESS
PURPOSES.
WHEREAS, Chapter 1, Article 8, Revised Ordinances of
Honolulu, 1990 requires that when carrying out the provision of
any intergovernmental agreement, all applications and/or other
official communications which support the application and which
are required to be provided by the City and County of Honolulu or
its component departments to any other governmental or quasi-
governmental agency shall first be presented to the City Council
for its review and approval prior to its transmittal; and
WHEREAS, the Hawaii State Emergency Response Commission
(HSERC) has made available to each county Local Emergency
Planning Committee (LEPC) annual funding under the Hawaii
Emergency Planning and Community Right-to-Know Act and other
federal grant programs for hazardous materials emergency planning
and preparedness purposes; and
WHEREAS, the Honolulu LEPC has never received any direct
funding since its inception in 1987; and
WHEREAS, the Honolulu LEPC wishes to accept funds from the
HSERC to improve and enhance hazardous materials emergency
management planning and preparedness capabilities in accordance
I with the attached Memorandum of Agreement between the HSERC and
the LEPC's; and
WHEREAS, subsection 12 (b) of Ordinance 99-26, which concerns
the executive operating budget and program for the Fiscal Year
July 1, 1999 to June 30, 2000, establishes that the City may
~ receive and expend single purpose monies from any governmental
i
i agency which has been authorized by Council resolution pursuant
~ to the provisions of Chapter 1, Article 8, ROH; and
CITY COUNCIL
I CITY AND COUNTY OF HONOLULU No. 99-342. CD1
' HONOIUIU, HAWAII
RESOLUTION
WHEREAS, subsection 12 (b) of Ordinance 99-26 also
establishes that when single purpose monies are received, the
Director of Budget and Fiscal Services shall maintain special
funds of accounts showing the monies so received and specifying
the purposes for which they have been received and expended;
now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that the Chair of the Honolulu LEPC or duly authorized
representative is hereby authorized to enter into an
lintergovernmental agreement with HSERC for emergency planning
and preparedness purposes, attached hereto as Exhibit A,
and to accept and expend funds from HSERC on an annual basis as
provided above; and
BE IT FURTHER RESOLVED that the City administration is
hereby directed to deposit any funds received from the Hawaii
State Emergency Response Commission into a special account for
the Honolulu Local Emergency Planning Committee which shall be
used by the committee towards the fulfillment of its duties; and
-2-
RESOLUTION
BE IT FINALLY RESOL~7ED that the Clerk be, and she is hereby
directed to forward copies of the resolution to the Honorable
Jeremy Harris, Mayor, City and County of Honolulu and the Chair
of the Honolulu LEPC.
INTRODUCED BY:
Andy' Mirikihani (BR1
Councilmembers
DATE OF INTRODUCTION:
November 10, 1999
Honolulu, Hawaii
(OCS/111599/mg) -3- -
CITY COUNCIL ADOPTED
MEETING HELD
CITY ANO COUNTY OF HONOLULU Reference:
HONOLULU. HAWAII AYE NO A/E
BAINUM Report No.
I hereby certify that the foregoing RESOLUTION was
adopted by the COUNCIL OF THE CITY AND COUNTY FELIX
OF HONOLULU on the date and by the vote indicated to HANNEMANN
the right. HOLMES Resolution No.
KIM
ATTEST: MANSHO 99-342
MIRIKITANI CD 1
GENEVIEVE G. WONG JON C.YOSHIMURA YOSHIMURA
q~.Cbdt CIWFAND PRES~D~M3 OFFILFA
Dated
' j
r~:;~
~ Memorandum of Agreement
between the
C' Hawaii State Emergency Response Commission cHSERC)
and the
Local Emergency Planning Committees (LEPCs)
Purpose and Scope
This MOA establishes a cooperative framework for the distribution o(filing fees to the LEPCs
for the support of their mission under the Hawaii Emergency Planning and Community Right-to-
Know Act.
Authority
The Hawaii Emergency Planning and Community Right-to-Know Act (HEPCRA), § 128E
Hawaii Revised Statutes established the LEPCs and a funding mechanism through the collection
of filing Cees.
Permissible expenditures of the subject funds shall be for the functions of Local Emergency
Planning Committees, as described by Section 128E-5(Q. Section 128E-5(f) is paraphrased
below.
Each Committee shall:
(1) Adopt bylaws and other administrative procedures to carry out the duties, requirements,
and responsibilities set forth in this chapter, and as required by the commission and
EPCRA;
(2) Take appropriate actions to ensure the preparation, implementation, and annual update
and review oCthe local emergency response plan required by this chapter and EPCRA.
(3) Request additional information from the facilities, if necessary, to develop emergency
response plans;
(4) Submit local emergency response plans to the commission Cor review, and to other
affected agencies upon request;
(S) Report to the commission on alleged violations oCthis chapter;
(ti) Prepare reports, recommendations, and other information related to the implementation of
this chapter, as requested by the commission;
(7) Have the primary responsibility for receiving, processing, and managing hazardous
chemical information forms and data, trade secrets, and public information requests
pursuant to this chapter;
(8) Accept and deposit into the state treasury any grants, gifts, or other funds received for the
purpose of carrying out this chapter; and
(9) Evaluate the need for resources necessary to develop, implement, and exercise the
emergency plan, and make recommendations with respect to additional resources that
may be required and the means for providing these additional resources.
Section 128E-5(g) states that the administrative and operational expenses of a committee maybe
paid by the State. [L 1993, c 300, pt of §IJ
Guidelines
The State oC Hawaii, as part of the annual legislative process, established an account under HRS
128E-8 called the local emergency response planning committees account (Currently # S00 342
H 338 371 1115) within the Environmental Response Revolving Fund (ERRF). The filing fees,
collected annually under HEPCRA. The amount collected has ranged from $71,900 to $95,500.
The HSERC annually reevaluates the amount to be allocated to each LEPC.
(n order to receive the funding, each LEPC must establish an account with the f Hance
department of the local government in their planning district. The State Department of Health
will issue a purchase order at the beginning oCeach state fiscal year to transfer the funds from the
ERRF. The LEPC will have maximum flexibility to expend the funds, and have authority to
reprogram funds during the fiscal year. ~e LEPC will also have the authority to carry over and
expend the unobligated balance in the s Sequent fiscal year(s).
The account, once established, may also be used to streamline the disbursement of grants and
other emergency planning related monies.
Oversight
Each LEPC is responsible Cor authoring and utilizing the subject funding for the purposes
described under the authority section of this MOA.
During the first month of each quarter, each LEPC will provide the HEER Office an accounting
of the expenditures and status of their account Cor the previous quarter.
In the second month of the fourth quarter oCeach year, each LEPC shall submit to the HSERC a
proposed budget for the following year.
The HSERC will review the previous years accounting and the proposed budgets to determine
the allocation to each LEPC account.
Amendments and Effective Date
This MOA may be altered, amended or modified only by written ageement of the HSERC and
LEPCs. This MOA contains all terns, covenants, conditions, stipulations and agreements agreed
upon by the HSERC and LEPCs. This MOA supersedes and cancels each and every other
agreement, promise and negotiation between the parties, and no party shall be bound by any
inducement, statement, representation promise or agreement not inconformity herewith.
This MOA is effective upon signing by the HSERC Chair and the authorized Representatives of
each LEPC. This MOA will remain in effect until terminated by the HSERC or LEPC.
/~~i~1^~
Signature th S Ct it Date
~o _ d -
Signat e o the LEP resentative for Hawaii Date
/o-~-7g
Signa u of the L C Representative for Kauai Date
~O% 9
gnature o th/~e
LEPC Representative for Maui Date
Signature of the LEPC Representative for Oahu Date