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HomeMy WebLinkAboutREP PCHSW 016 2024/10/01 (2022-2024)REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY, AND WELL-BEING DATE: October 1, 2024 Re: Comm. No. 1049/Bill No. 206 PLACE: Council Chambers Hilo, Hawaii TIME: 3:28 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 206, reports as follows: Bill No. 206, transmitted by Council Member Holeka Inaba, via Communication No. 1049, dated September 9, 2024, repeals Ordinance No. 84-39 and amends Chapter 14, Article 8, Section 14-44, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to nuclear energy. Bill 206 repeals Ordinance No. 84-39 enacted in 1984 to specify that United States military operations are exempt from and not to be impeded by prohibitions on the transportation or storage of radioactive material. Bill 206 is proposing to repeal that exemption from the original Code in 1981 regarding making our County a nuclear and radioactive free zone. Member Inaba expressed his gratitude for the continued decades of long advocacy on this topic by community member Jim Albertini. He acknowledged that while it may be seen more as a statement by the County, passing Bill 206 would help restore the original Code and should not have been created as an exemption based on the original intent of the legislation. He further added that the timeliness of this bill is significant as it is in alignment with a visit from our Sister City delegation members from Hatsukaichi City, which is in Hiroshima Prefecture, Japan. This bill is a reminder of our duty to continue to not support nuclear activity for our County and around the world. Committee Member Cindy Evans asked for clarification from Corporation Counsel to explain how County Code and State Law on this subject interact and to speak on the legalities regarding putting this into Code as a potentially symbolic statement. Corporation Counsel Elizabeth Strance explained that in the hierarchy of laws, State Law would prevail over County Code, with Federal Law prevailing over both of those. Therefore, if there were State or Federal Law preempting County Code those laws would take precedence. However, she added that this bill was compatible to an extent with existing State Law as our State Constitution contains a provision that prohibits nuclear activity without approval by a two-third's vote by the State Legislature. PCHSW Report No. 16 PCHSW-16 Page 2 October 1, 2024 Committee Member Heather Kimball asked if a County law on this subject could be upheld with no existing State or Federal law on the subject. Corporation Counsel Strance said that in the absence of State or Federal law to the contrary then the County law would prevail. Member Kimball also asked the maker to consider a provision if nuclear material is found to already be in existence on our island, as this bill provides no provision that allows for transportation solely for safe removal of said material. Finally, Member Kimball suggested that the Planning Department should review this bill and consider changes to the General Plan before proposing nuclear energy options in the General Plan as it will not be consistent with County Code on this subject. Committee Members Matt Kaneali`i-Kleinfelder and Rebecca Villegas spoke in favor of Bill 206. Committee Member Michelle Galimba mentioned that she believes that the micro -nuclear potential for energy production could be an important future use. She urged Council Members to keep an open mind in favor of nuclear energy that could be far less polluting and as this technology develops we should allow for exploration of those possibilities. Committee Chair Jenn Kagiwada mentioned that in 1984, there was a very heightened sense of concern which is possibly what drove people to enact this exemption, but now that we have more perspective on what the consequences can be it makes sense to repeal this language. Committee Member Holeka Goro Inaba introduced Communication 1049.1, to amend Bill 206 with a non -substantive change to fix a small standard language omission. This amendment was passed unanimously, with Committee Members Sue Lee Loy and Ashley Kierkiewicz excused. Your Policy Committee on Health, Safety, and Weil -being, is in accord with the purpose and intent of Bill 206, as amended to Draft 2, and recommends its passage on first reading. sm AYES NOES ABS EX EVANS X GALIMBA X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON HEALTH, SAFETY, AND WELL-BEING r'WI&GIVADA, CHAIR PCHSW REPORTNO.: • DO • OCT 1-6-20-24