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Home My WebLink AboutREP PCPLUD 009 2024/03/05 (2022-2024) Hawaii County Council-41 June 5,2024 BILLS FOR ORDINANCES (FIRST READING) Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (Draft 4) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS Establishes annual registration requirements for any person or business operating a commercial bicycle tour and that the County Council may prohibit the operation of commercial bicycle tours on designated portions of public highways if transportation and public safety officials determine that operating the commercial bicycle tour on the designated portion of a public highway poses a threat to public safety. Reference: Comm. 679.72 Intr. by: Ms. Evans Negative: PCPLUD-9 (Due to a vote of 4-ayes, 4-noes, 1-absent) Postponed: March 20, May 1, and May 15, 2024 (Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to pass Bill 125, Draft 3, as amended, on first reading.) AMENDED TO DRAFT 5 AND PASSED 1ST READING: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: Council Member Kagiwada— 1. Absent: Council Member Galimba— 1. Excused: None. Page 10 REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: March 5, 2024 PLACE: Council Chambers Hilo, Hawaii TIME: 2:06 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 679/Bill No. 125 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 125, reports as follows: Bill No. 125, transmitted by Committee Member Cindy Evans via Communication No. 679, dated January 2, 2024, amends Chapter 6 of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a new article relating to commercial bicycle tours. The bill seeks to prohibit the operation of commercial bicycle tours on a portion of Kohala Mountain Road and a portion of the Akoni Pule Highway. This bill was previously heard and postponed on January 23, 2024. Planning, Land Use, and Development Committee Meeting of January 23, 2024 Corporation Counsel Judge Strance was available to respond to questions in the Hilo Chambers. Committee Member Cindy Evans stated that the bill regulates guided and unguided commercial bike tours and not bicycles in general. The bill addresses safety concerns on Kohala roads with sharp corners and limited visibility. Committee Members Susan Lee Loy, Heather Kimball, and Jenn Kagiwada all expressed interest in existing tour data. Ms. Lee Loy emphasized revenue potential and community investment, Ms. Kimball wanted to understand negative impacts, and Ms. Kagiwada was interested in hotspot locations. Ms. Evans noted a data deficit. Committee Chair Ashley L. Kierkiewicz and Committee Member Michelle Galimba suggested replacing the designation of restricted biking sites in the bill with the issuance of licenses. Ms. Galimba suggested modeling regulations after Volcano National Park. Ms. Kagiwada asked what is defined as a tour, as the definition was not presented in the bill. PCPLUD Report No. 9 PCPLUD-9 Page 2 March 5, 2024 Ms. Lee Loy, Ms. Galimba, and Chair Kierkiewicz endorsed the effort by Ms. Evans. Chair Kierkiewicz proposed further committee discussion on the bill. Ms. Evans moved to postpone Bill 125 to the Planning, Land Use, and Development Committee meeting of February 7, 2024. The committee passed the motion unanimously, with Committee Member Holeka Inaba and Committee Member Matt Mr. Kaneali`i-Kleinfelder absent. Planning, Land Use, and Development Committee Meeting of February 7, 2024. Ms. Evans moved to amend Bill 125 with the contents of Communication No. 679.39 and explained the provisions contained in the amendment, specifically clarifying the definition of commercial bicycle tours. With the help of the Police Chief, the amendment further clarifies the penalty section of the bill. Ms. Evans added that bike tours include guided experiences, whereas bike rentals involve merely renting bikes. Ms. Lee Loy and Ms. Kimball supported the amendment. Ms. Lee Loy and Chair Kierkiewicz proposed forming a permitted interaction group to delve into the bill's multifaceted aspects. Ms. Kagiwada shared her previous concerns on tour group size definitions. Ms. Kimball inquired about a statutory definition for "group." Ms. Strance, who was available to respond to questions in the Hilo Chambers, noted no legal definition for the term "groups." Chair Kierkiewicz highlighted the addition of language permitting competitive sport groups and raised concerns regarding enforcement by the Police Department in distinguishing between such groups and tour groups. Mr. Inaba suggested explicitly identifying the Police Department as the enforcement agency in the bill to ensure clarity. Chair Kierkiewicz and Ms. Kagiwada could not support the amendment. The proposed amendment via Communication No. 679.39 was withdrawn by Ms. Evans. On the main motion, Ms. Lee Loy, Ms. Kimball, and Mr. Inaba suggested refining the bill's definitions and scope. Ms. Kagiwada shared her ongoing struggle to understand the bill's safety measures regarding regulating bike tour groups. In response, Mr. Kaneali`i-Kleinfelder highlighted non -locals safety concerns due to unfamiliarity with the area compared to locals. Chair Kierkiewicz shared her interest in exploring other options in taking commercial bike operations on county roads that encompass communities island wide. PCPLUD Report No. 9 PCPLUD-9 Page 3 March 5, 2024 Ms. Evans moved to postpone Bill 125 to the Planning, Land Use, and Development Committee meeting of March 5, 2024. The committee passed the motion unanimously with Mr. Inaba and Ms. Galimba absent. Planning, Land Use, and Development Committee Meeting of March 5, 2024 Ms. Evans moved to amend Bill 125 with the contents of Communication No. 679.44 and explained the provisions contained in the amendment, specifically how the amendment highlighted a few roads in Kohala that the community in the area had not deemed safe. The Police Department agreed with the contents of the bill as police do not give traffic violations to a bicyclist. Ms. Kagiwada asked if Ms. Evans would be open to acquiring professional data on the safety of the roads as it pertained to bicycle tours. Ms. Evans shared her sentiment to community members who had shared their concerns about certain roads frequented by bicycle tour groups. Ms. Kagiwada opposed the bill citing insufficient evidence for bicycle -friendly roads and advocating for outdoor education and opportunities. Committee Member Rebecca Villegas, Mr. Kaneali`i-Kleinfelder, and Ms. Kimball expressed their support for the amendment. Police Chief Benjamin Moszkowicz was available to respond to questions via Zoom. Chair Kierkiewicz requested insight from Mr. Moszkowicz regarding local law enforcement's ability to enforce the ordinance. Mr. Moszkowicz explained that for guided bicycle tours, enforcement is direct, with police stopping the group and taking action. For unguided tours, enforcement is more complex, requiring awareness of local businesses frequenting the area. Mr. Moszkowicz affirmed the bill's clarity in enabling police to identify ordinance violators and enforce it effectively. Chair Kierkiewicz opposed the bill citing the need for a more comprehensive island wide approach, including a registration for bicycle tour companies to operate and a list of what roads are not allowed for commercial tours. Ms. Kimball agreed with the idea of mandating bicycle tour businesses to register with the County, where restricted roads for tours and enforcement mechanisms would be integrated. Bill 125 was amended with the contents of Communication 679.44, and was approved with seven "ayes," with Chair Kierkiewicz voting no, and Ms. Lee Loy absent. On the main motion, Ms. Galimba, Ms. Kagiwada, and Chair Kierkiewicz supported the bill's intent but expressed their hesitation about creating new sections in the Code, potentially leading to the inconsistent criteria to identify additional roads and unforeseen complications. Ms. Kagiwada suggested seeking organizational assistance for a holistic approach to address commercial bike tour concerns. PCPLUD Report No. 9 PCPLUD-9 Page 4 March 5, 2024 Your Policy Committee on Planning, Land Use, and Development is not in accord with the purpose and intent of Bill 125, as amended to Draft 2, and forwards it to Council with a negative recommendation. ki Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELPPMENT ASHLEY L. KIERKIEWICZ, CHAIR PCPLUD REPORT NO.: 9 ADOPTED: AYES NOES ABS EX EVANS x GALIMBA x INABA x KAGIWADA x KANEALI'l-KLEINFELDER x KIERKIEWICZ x KIMBALL x LEE 110y x VILLEGAS Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELPPMENT ASHLEY L. KIERKIEWICZ, CHAIR PCPLUD REPORT NO.: 9 ADOPTED: