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HomeMy WebLinkAboutREP PCHSW 015 2024/08/06 (2022-2024) REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY,AND WELL-BEING DATE: August 6, 2024 Re: Comm.No. 786/Bill No. 144 PLACE: Council Chambers Hilo, Hawai`i TIME: 2:19 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Policy Committee on Health, Safety, and Well-being,to which was referred Bill No. 144, reports as follows: Bill No. 144,transmitted by Council Member Ashley Kierkiewicz, via Communication No. 786, dated March 18, 2024, amends Chapters 14 and Chapter 25 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to apiaries and beekeeping. This bill establishes generally accepted apiary management practices and adds apiaries as permitted uses in seventeen zoning district classifications, including all Residential and Agricultural zoning districts, the Resort-Hotel district, all Commercial districts, all Industrial districts,the Open district, and the Downtown Hilo Commercial District,to promote beekeeping. This bill was previously heard on April 2, 2024. Policy Committee on Health, Safety, and Well-being Meeting of April 2,2024 Member Kierkiewicz said that these Code updates have been in the works for a long time, and that bees are critical to our ecosystem. This bill allows for beekeeping in every zoning district, as bees don't recognize boundary lines and will also set up a guide for best beekeeping practices. All the work on this bill has been in collaboration with local beekeepers, State Agriculture and Department of Health(DOH), as well as Corporation Counsel and the Planning Department. There have also been discussions with the Department of Research and Development(R&D)to help with support on education of these practices. This bill removes the 1,000-feet set-back from major roadways and dictates that instead hives should be at least 25-feet back from property line. It also includes nationally recognized best management practices and limits the amount of hives to 15 on smaller lots,with the options for exemptions to be requested. Committee Member Cindy Evans requested a definition of colony versus hives versus apiaries. Kelly O'Day, who has been a beekeeper for 25 years, clarified that a colony is a group of bees (with one queen),hives are where the bees live, and apiaries are a group of hives. Maria McCarthy from the Department of Agriculture agreed with his definition and addressed Member Evans' other concerns about density of bees. Member Kierkiewicz said that the number of hives was limited by public safety concerns as well as standards of practice from the beekeeping community. PCHSW Report No. 15 PCHSW-15 Page 2 August 6,2024 Member Evans expressed concerns about the density of how many hives would be kept in more urban and higher populated areas, including requirements for Special Use Permits at larger production levels. Ms. McCarthy explained that is why the best management practice guidelines are included, as well as the guidance around resources and at what point the DOH would help with enforcement. Committee Member Holeka Inaba asked who currently enforces Code regarding bees. Member Kierkiewicz said that while the Planning Department governs that section of Code, they don't have the authority to regulate. The DOH Vector Control at the State enforces. Member Inaba asked for further definition around what types of bees are covered under Chapter 4, Article 5, Section 4-5-3. Ms. McCarthy said the Department of Agriculture is working to keep other strains of species of honeybees out of Hawai`i. If another species of bees arrive they will have to reconstruct the legislation to protect the public. Member Inaba provided a couple of other small grammar corrections. Then Member Inaba asked the Department of R&D at what capacity they can provide consulting or expertise in this area. The Director of R&D, Doug Adams, said that they have the ability to support any of the agricultural productions on our island. He clarified that they will not be doing any regulatory actions. Finally, Member Inaba asked questions around the size and density of hives. Ms. McCarthy clarified the standard size of hives, as regulated by Department of Agriculture, is eight to ten frames. Committee Members Rebecca Villegas and Heather Kimball both spoke in support as they have family members that have been involved in beekeeping. Member Kimball asked for an amendment mentioning non-invasive seasonal flowers as opposed to just seasonal flowers. She also mentioned that she agrees with Member Evans regarding the density of hives and requested and that the default should be for less hives and leave it at the discretion of the director to allow exemptions for more. Committee Member Sue Lee Loy asked if the Planning Department could evaluate the right to farm provision under the Hawai`i Revised Statutes and make sure that is lined up with this bill. Member Kimball requested that Real Property Tax be given a chance to weigh in on this bill as a potential income producing activity. Committee Member Michelle Galimba asked about the definition of"animals" and why honeybees are included in that list. Member Kierkiewicz clarified that beekeeping will not in any way be connected with the Animal Control and Protection Agency. The vote was then taken to refer Bill No. 144 to the Planning Director and Leeward and Windward Planning Commissions for their review and recommendation. The vote was taken and passed with six"ayes." Bill No. 144 was referred back to the Committee from both the Leeward and Windward Planning Commissions with their favorable recommendations. PCHSW Report No. 15 PCHSW-15 Page 3 August 6,2024 Policy Committee on Health, Safety, and Well-being Meeting of August 6,2024 Member Kierkiewicz wanted to highlight the favorable recommendations that were received from the Planning Commissions and Planning Director. She added that there are some language refinements that need to happen and will be forthcoming in an amendment that is not ready today. Member Kimball mentioned that we lose between one to three percent of our pollinators across the globe every year. There is a distinct connection between pollinators and our food, so this is very important. She reminded Member Kierkiewicz about her request to amend the language to highlight the planting of noninvasive species. She said that her remaining question is regarding how Vector Control from the DOH deals with nuisance complaints. Member Kierkiewicz explained that they send a strongly worded letter telling individuals that they must comply with existing laws. Member Kimball added that she was wondering if they have been informed of additional enforcement responsibilities that may result from this legislation. Member Kierkiewicz,answered by offering assurances that Vector Control and the Department of Agriculture are well informed about this bill and that the State partners felt it was okay to be included in the County Code in this way. Members Lee Loy and Galimba expressed their strong support for this legislation. Member Galimba said that she felt that education and best management practices for those who are doing beekeeping is important. Member Kierkiewicz stated that the Department of R&D will be partnering with community organizations available to help to make sure that the public is aware of the best management practices and how to best address nuisance complaints. Committee Chair Jenn Kagiwada highlighted the importance of the involvement in having an entity who can share best practices with community. Your Policy Committee on Health, Safety, and Well-being is in accord with the purpose and intent of Bill 144, and recommends its passage on first reading. sm AYES NOES ABS EX Respectfully submitted, EVANS X GALIMBA x POLICY COMMITTEE ON HEALTH, INABA x SAFETY,AND WELL-BEING KAGIWADA X KANEALI`I-KLEINFELDER X / KIERKIEWICZ X KIMBALL x 'i ' GI A, CHAIR LEE LOY X PCHSW REPORT NO.: 15 VILLEGAS x ADOPTED: AUG 2 1 2024