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HomeMy WebLinkAboutCOM 0764.078 2022-2024Mitchell D. Roth dl0yor Deanna S, Sako Managing Director Robert H. Command Deputy Xteuragiug Director downN of (Patuni' C (Offire of the ffiqlar 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 3234440 July 24, 2024 COUNTY CLERK COUNTY OF HAWAI'I ), RECEIVED 2 The Honorable Heather Kimball, Chairperson and Time — By Members of the Hawaii County Council Date 2024 JUL .24 25 Aupuni Street Hilo, Hawaii 96720 RE: Veto of Bill 140 Amending Chapter 20 of the Hawaii County Code 1983 (2016 Edition, as Amended), Relating to Solid Waste Facilities Dear Chair Kimball and Members of the Council, Pursuant to Section 3-12 of the Hawaii County Charter, I am vetoing Bill 140, ("Bill") and returning it to you for the following concerns: The Bill proposes to add a new provision to the Hawaii County Code, mandating that any solid waste disposal site ("SWD") be operated and open to the public no less than two days a week. The Bill as written oversteps the separation of powers that exists between the executive and legislative branches as articulated in the Hawaii County Charter ("Charter"). The Charter specifies that the mayor shall be the chief executive officer of the county vested with all the executive powers of the county, (Charter § 5-1.3), and that the executive powers of Hawaii County are vested with the executive branch of government. Charter §4-1. The Department of Environmental Management ("DEM") is the executive branch Department designated to manage the solid waste program for the County. Charter § 6-10.4. In contrast, the Hawaii County Council is vested with the legislative powers of the County, with a primary function of legislation and public policy formation, "as distinct and separate from the executive administration of county government," Charter § 3-1. Bill 140 requires DEM to keep SWD locations open for a set number of days, absent any consideration of the financial and operational requirements this imposes on the department, and absent any budget allocation for the additional operational expenditures required within the existing budget. As such, it constitutes an unfunded mandate which is fiscally irresponsible, Bill 140 should not be passed in its current form. Recommendations; Amend the bill to recognize DEM's authority to operate the SWDs and regulate hours of operation. Add a requirement that DEM consider access and equity in the operation of its SWDs. C©n1tr1. No. lief. T�: County of Hawaii is an Equal Opportunity Provider and Employer.ef Date —AL 6 2024 The Honorable Heather Kimball, Chairperson and Members of the Hawaii County Council July 24, 2024 Page 2 of 2 Enlist the assistance of the Environmental Management Commission to identify access issues involving SWD sites and make reconmiendations for their resolution. Allow DEM to complete the study it is currently undertaking regarding solid waste management to best plan for effective use of resources. The administration has heard the concerns of the community and acted by opening the SWD site in Kalapana two days per week even before Council's passage of this bill. Concerns about effective, equitable, and sustainable use of resources to ensure optimal public health and safety are a priority to this administration, best achieved by working in partnership with the legislative arm of County government as articulated in the Charter. Sincerely, Mitchell D. Roth Mayor Attachment (Bill 140) County of Hawai' i is an Equal oppoilunity Provider and Employer.