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REPORT OF THE POLICY <br />COMMITTEE ON HEALTH, <br />SAFETY, AND WELL-BEING <br />DATE: October 1, 2024 Re: Comm. No. 1049/Bill No. 206 <br />PLACE: Council Chambers <br />Hilo, Hawaii <br />TIME: 3:28 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 206, <br />reports as follows: <br />Bill No. 206, transmitted by Council Member Holeka Inaba, via Communication No. 1049, dated <br />September 9, 2024, repeals Ordinance No. 84-39 and amends Chapter 14, Article 8, Section 14-44, <br />of the Hawaii County Code 1983 (2016 Edition, as amended), relating to nuclear energy. <br />Bill 206 repeals Ordinance No. 84-39 enacted in 1984 to specify that United States military <br />operations are exempt from and not to be impeded by prohibitions on the transportation or <br />storage of radioactive material. Bill 206 is proposing to repeal that exemption from the original <br />Code in 1981 regarding making our County a nuclear and radioactive free zone. <br />Member Inaba expressed his gratitude for the continued decades of long advocacy on this topic <br />by community member Jim Albertini. He acknowledged that while it may be seen more as a <br />statement by the County, passing Bill 206 would help restore the original Code and should not <br />have been created as an exemption based on the original intent of the legislation. He further <br />added that the timeliness of this bill is significant as it is in alignment with a visit from our Sister <br />City delegation members from Hatsukaichi City, which is in Hiroshima Prefecture, Japan. This <br />bill is a reminder of our duty to continue to not support nuclear activity for our County and <br />around the world. <br />Committee Member Cindy Evans asked for clarification from Corporation Counsel to explain <br />how County Code and State Law on this subject interact and to speak on the legalities regarding <br />putting this into Code as a potentially symbolic statement. <br />Corporation Counsel Elizabeth Strance explained that in the hierarchy of laws, State Law would <br />prevail over County Code, with Federal Law prevailing over both of those. Therefore, if there <br />were State or Federal Law preempting County Code those laws would take precedence. <br />However, she added that this bill was compatible to an extent with existing State Law as our <br />State Constitution contains a provision that prohibits nuclear activity without approval by a <br />two-third's vote by the State Legislature. <br />PCHSW Report No. 16 <br />