Loading...
HomeMy WebLinkAboutREP PCIA 008 2024/06/04 (2022-2024) REPORT OF THE POLICY COMMITTEE ON INFRASTRUCTURE AND ASSETS DATE: June 4, 2024 Re: Comm. No. 764/Bill No. 140 PLACE: Council Chambers Hilo, Hawai'i TIME: 11:11 a.m. Council Chair and Members Hawai'i County Council Hilo, Hawai'i 96720 Your Policy Committee on Infrastructure and Assets, to which was referred Bill No. 140,reports as follows: Bill No. 140, transmitted by Council Member Ashley L. Kierkiewicz via Communication No. 764, dated February 29, 2024,amends Chapter 20 of the Hawai`i County Code 1983 (2016 • Edition, as Amended), Relating to Solid Waste Facilities. This bill requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week. On March 19, 2024, Council Member Kierkiewicz stated, after many years of requests and no response from the Administration,this legislation is a last resort. Department of Environmental Management Director Ramzi Mansour remarked there is a waste study in process with expected results in October. He emphasized decisions are made not just in dollars and cents,but also include distance to alternative facilities and other factors. Director • Mansour acknowledged the request for more information and will have more information and data available at the next hearing. Bill 140 was then referred to the Environmental Management Director and Environmental Management Commission. On June 4, 2024, Committee Member Ashley Kierkiewicz stressed the bill's significance in preventing other communities from experiencing insufficient solid waste services. She stated her intention to introduce an amendment to increase service days to three per week and to require a request for recycling services. Committee Member Holeka Inaba expressed support for the proposed amendment and addressed comments from a Department of Environmental Management letter dated May 2, 2024. He emphasized the bill's aim to ensure transfer station availability rather than prescribing their operating hours. Inaba also expressed concern over the depaitalent's apprehensions regarding the • separation of powers, highlighting the bill's introduction due to departmental inactivity. PCIA Report No. 8 PCIA-8 Page 2 June 4,2024 Committee Member Jennifer Kagiwada requested clarification from the department on why legislative action was necessary for this issue, expressing a preference for different approaches to address the matter. Director Mansour explained that while the amount of waste has stayed steady, increasing • operational days would raise labor costs significantly. He mentioned an ongoing analysis to make operations more efficient and adapt to changes in technology, noting that this study, set to be completed in October, would inform decisions about additional operational days. Though he expressed a willingness to adjust operations,he emphasized the importance of collecting data for implementing such changes. Committee Member Kaneali`i-Kleinfelder acknowledged the department's concerns, particularly • regarding financial constraints,but affirmed his support for the legislation, emphasizing its potential as a significant benefit for the community. Corporation Counsel Diana Mellon-Lacey highlighted the importance of maintaining the separation of powers outlined in the Charter, cautioning against eroding the legal system by legislating solutions to operational issues typically managed by executive departments. She emphasized the value of community input and dialogue in addressing concerns rather than enacting specific mandates regarding operational days and times. Additionally, Corporation Counsel noted potential budgetary constraints and suggested that alternative funding sources may be necessary. While acknowledging the significance of the issue, she expressed reservations about the legislative approach. Member Kierkiewicz stressed that introducing the bill was a last resort due to years of unfulfilled promises to improve waste services despite community concerns. She mentioned exploring the use of existing funds and past surpluses to cover the cost of additional service days. Expressing frustration with the lack of action, she emphasized that it's the council's role to set policy and direct departments. She sought confirmation from Finance Director Diane Nakagawa about using current funds and the possibility of budget adjustments if needed. Director Nakagawa confirmed their willingness to cooperate and find funding solutions if the bill passes. Committee Member Heather Kimball highlighted the importance of wording in the bill to avoid encroaching on the separation of powers, clarifying that it sets a policy rather than a directive for • waste transfer station operation. She emphasized that the department is tasked with implementing policy decisions and allocating funds accordingly, suggesting that operational adjustments to meet the minimum two-day requirement can be made without necessitating a budget amendment. She expressed support for the bill,viewing it as a policy decision within the council's purview. Committee Member Lee Loy praised the bill for its clarity and potential impact, expressing • support for the idea of extending the minimum operating days to three or four to ensure consistency across all transfer stations. She emphasized the bill's responsiveness to community frustration and the importance of taking action. She commended the bill's maker for making the issue actionable and indicated her support for the bill based on its ability to address community concerns effectively. PCIA Report No. 8 • PCIA-8 Page 3 June 4,2024 Your Policy Committee on Infrastructure and Assets is in accord with the purpose and intent of Bill No. 140, and recommends its passage on first reading. so AYES NOES ABS EX Respectfully submitted, • EVANS X GALIMBA x POLICY COMMITTEE ON INABA x INFRASTRUCTURE KAGIWADA X ND A SE S /' KANEALI`I-KLEINFELDER X • KIERKIEWICZ X KIMBALL x . K. LEE L: illh . • • LEE LOY X PCIA REPORT : VILLEGAS X ADOPTED: 9.2024