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HomeMy WebLinkAboutMIN PCHSW 2024/10/01 (2022-2024) Policy Committee on Health, Safety, and Well-being 16th Session Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i October 1, 2024 CALL TO The regular meeting of the Policy Committee on Health, Safety, and ORDER: Well-being was called to order at 3:28 p.m., in the Council Chambers, Hilo, by Ms. Jenn Kagiwada, Chair. ROLL CALL: Present: Ms. Jenn Kagiwada, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Jim Albertini: Bill 206 (Comm. 1049), in support. (representing Malu Aina) Cory Harden: Bill 206 (Comm. 1049), in support. Kilihea Inaba: Bill 206 (Comm. 1049), in support. Douglas Fox: Bill 206 (Comm. 1049), comment. Danny Li: Bill 206 (Comm. 1049), in support. Annette Dale: Bill 206 (Comm. 1049), comment. Stephen L. Paulmier: Bill 206 (Comm. 1049), in support. Kiku Eklund Johnston-Kitazawa: Bill 206 (Comm. 1049), comment. PCHSW-16 October 1,2024 Jennifer S. Ho: Bill 206 (Comm. 1049), in support. CHR. KAGIWADA: Thank you, Mr. Clerk, and thank you to all the testifiers. Mr. Clerk, will you please read in the Bill 206. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 206: REPEALS ORDINANCE NO. 84-39 AND AMENDS CHAPTER 14, ARTICLE 8, SECTION 14-44, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NUCLEAR ENERGY 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. Reference: Comm. 1049 Intr. by: Mr. Inaba (Note: Comm. 1049.1, from Council Member Holeka Inaba dated September 25, 2024, transmitting a proposed amendment to Bill 206, was circulated.) Motion to Approve: Mr. Inaba moved to recommend passage of Bill 206 on first reading. Seconded by Ms. Villegas. CHR. KAGIWADA: Mr. Inaba. MR. INABA: Thank you, Chair. First and foremost, I want to take this opportunity to mahalo Mr. Jim Albertini. We all get emails from him with updates and the continued efforts to bring awareness to—I would say focused on peace efforts, not just in Hawaii, but around the world. And on one day, we received an email regarding the potential repeal of this ordinance that was passed in 1984. As we know, some things and most things regarding the miliary are above what we do here. But that was an action taken by the Council back in 1984 to create this exemption. As we know in 1981 when the bill was first introduced and became an ordinance and was introduced into the Code,there was no exemption. As to the effects of this bill before us today,there may not be change, but it is a statement that removes that exemption from our County Code. That should have never been, in my opinion, introduced. And it was passed under emergency circumstances back in 1984. I wasn't even born yet, far from it actually. Providing this opportunity for the Council to make a statement. And this morning we had our Sister City folks from Hatsukaichi, Hiroshima, Japan. Page 2 PCHSW-16 October 1,2024 Three of us got to travel there in April, and it's a reminder, visiting. Just want to thank everybody for being here of our duty to ensure safe, not just for our community but efforts around the world to remove and not support further development of continuation of nuclear activity. So, with that,just want to mahalo the testifiers who came out today and ask for my colleagues' support on this bill. Thank you. CHR. KAGIWADA: Thank you, Council Member Inaba. Council Member Evans. MS. EVANS: Yeah, I had a question for Corporation Counsel. There's been some statements about it being symbolic. And so, I wanted to know kind of the take on Code versus State law when it comes to this. Just to see, because we're making a statement in Code. Is that something then that the people could file a lawsuit because we do know that the Nuclear Commission gave a license to keep the depleted uranium that they've identified at PTA (Pohakuloa Training Area) on our island? They've given them the license to do that. So, does the change in the Code—does it create a situation where people could say our Code say's that you can't do that? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. So, in a hierarchy of laws, State law would prevail over County law. And Federal law would prevail over both State and County law. So, if there are Federal or State laws out there that would pre-empt this bill, then those laws would take precedence. But I think what the purpose of the bill is, was to not add something in that wasn't there before. So, you know, if there was a State or Federal law that said that these activities could take place; if there's a local law that says that you can, without this amendment that permission would be there. And so, as with all County laws, they would not pre-empt anything that is set at the Federal and State level. But I would just like it consistent with the sentiments of this body. I don't know if it's widely known, but our State Constitution contains a provision that there will be no nuclear vision power plant constructed or radioactive material disposed of in this State without prior approval of two-thirds of each House of the State Legislature. And so, at least at the State level and our State Constitution, there is a preference and support for the actions being taken. MS. EVANS: Okay, great, thank you. I think it was important to have that clarity, so that people really know that it is probably more symbolic in a way, given that there's other jurisdictions with more authority, I suspect, on this topic. Page 3 PCHSW-16 October 1,2024 But I do think that thing about nuclear is that it's so lasting. It can destroy your soil. And we've seen it in the Marshallese Islands where people's land has been ruined, and their health is,you know, continually being damaged because it doesn't go away. So, I think that the action you want to take today, I'm in full support. I just want to make sure that the audience and everybody knows that this is what we're saying at our local level,that we understand the harm, and that's not okay with us. And so, I think that's a strong message. So, I'm in support. Thank you, I yield. CHR. KAGIWADA: Thank you. Council Member Kimball. MS. KIMBALL: Before you go, Judge Strance, the language actually that is being proposed to be eliminated as inhibiting or prohibiting the military from carrying out their duties and responsibilities, following-up on Council Member Evans' question; what authority do we have as the County to restrict the activities of a higher level of government? I mean does that—if the military determined that it was a requirement of their responsibilities and duties to violate this provision, would we have any recourse? MS. STRANCE: I hate to answer hypothetical questions. But you know, the military as a branch of the Federal Government, if it is acting on Federal law or regulations based upon Federal law, it would give Federal Government the right to carry out activities on County-owned property, for example, then that would prevail. If it's silent or the law just applies to Federally owned or leased lands, then it might be something different. So, I don't want to say in every case, there's nothing the County could do, because you know, these statements are important. MS. KIMBALL: Maybe the best thing is for me to rephrase my question, which is to say, in the absence of Federal law or State law that supersedes this, does it have standing on its own, the law, or, is there sort of an automatic regardless of any Federal or State law provision that allows the miliary to act in its perceived interest regardless of whether or not a County law exists? MS. STRANCE: If there is no State or Federal law that speaks on the subject, then the County law would prevail. MS. KIMBALL: Great. Thank you for the clarification. My only question to the maker is, in the event that there is nuclear material found and we would like to remove it,there is no Section in Chapter 14 that allows for the transportation with the intention of removing or disposing of materials. That's why I'm wondering, I'm not sure if that's going to be appropriate, but I think it could be given the title; it might be something they want to consider adding. Page 4 PCHSW-16 October 1,2024 One of things that caught my attention in the General Plan is a mention of micronuclear as an option for energy. I would suggest for the Planning Department, any of you listening out there, you review this part of the Chapter before you propose that in the General Plan. Thank you. CHR. KAGIWADA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mahalo to the testifiers who came in today. Appreciate you lending your support to the bill, which carries more weight than a resolution would. And to Mr. Inaba, for bringing this forward, and for touching on why this is so important to him. I'll be supporting this today, thank you. CHR. KAGIWADA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah, thank you to all the testifiers who have tracked this issue with fervent determination for decades. When I think of my grandson, and I think of how easily it could be almost a non-issue without the participation and legacy and leadership of folks such as yourselves that recognized the dangers. And to Council Member Inaba, whose family does hail from Japan, and just really honor and am grateful for your authentic and passionate words about this. I'll be supporting this one thousand percent. And yes, please Planning Department, remove that from our General Plan. We have plenty of other options living here on an island, and sources of energy to keep this place safe and healthy and secure for future generations. So, thank you for being here today and for your decades of dedicated service; and standing up, stepping up, and speaking up. Mahalo. CHR. KAGIWADA: Anyone else? Council Member Galimba. MS. GALIMBA: Thank you. Oftentimes, I like to be the contrarian, but I am generally in support of this. Perhaps I'm not necessarily the contrarian on the— well I am, on the micronuclear part. To me, there is some potential, I think, in advanced forms of nuclear energy. I think we have to keep an open mind on that. I definitely, am not for miliary use of nuclear energy, bombs of any sorts, or weapons. So, I am in support of this, but I just wanted to sort of bring that up, that there are newer forms of nuclear reactors that are much less polluting. I'm fine with us continuing to be a nuclear-free zone, but just wanted to bring that up. But I think we need to keep an open mind on our future, because not having the energy that we are used to, is going to be a very shocking thing for many people. So, in support, but just wanted to bring that up. Page 5 PCHS W-16 October 1,2024 CHR. KAGIWADA: Thank you, Council Member. Alright. Just a few comments. One, 1984, I was alive, and you know, that time period for those of us who remember it. Very heightened sense of concern. And I think that's probably what drove some people to want to enact the changes in the exemptions here. But I think we have a little bit more history behind us now, and we know some of the issues, and we know that, I guess I can compare it to, you know, people. We did some legislation here where we weren't necessarily going to change things, because at the State or Federal level, there were other laws in place. But actually, we've had, or we've tried to have some input on pushing the State and the higher levels on issues such as, you know, we did vote on trying to not have flavored tobacco sold in our County. Even though it's allowable at the State level, pre-empts that change. But what we're hoping, I think, is that, you know, if and when we can persuade the State to make that change, our laws here at the County level are already set up to do the right thing. And I think this is another case like that where we might not make big changes on how things are done right now. But we are making a statement, and hopefully, other people will follow. Then our law will have standing. So, thank you everybody, I will be supporting as well. With that and no further lights on, all those in favor? MR. INABA: Sorry, we did have one amendment, nothing material to the bill. Motion to Amend: Mr. Inaba moved to amend Bill 206 with the contents of Comm. 1049.1. Seconded by Ms. Galimba. CHR. KAGIWADA: Any discussion on this amendment? MR. INABA: Just want to point out that it adds Section 4, which just says that the "Material to be repealed is bracketed and stricken." It was an oversight that we missed when drafting the bill;just standard language that we put in. Yes, thank you, ask for your support. CHR. KAGIWADA: Thank you. Any other discussion on the amendment? Vote on Motion The motion to amend Bill 206 with the contents of to Amend: Comm. 1049.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kagiwada—7. Noes: None. Absent: Committee Members Kierkiewicz and Lee Loy—2. Excused: None. Page 6 PCHSW-16 October 1,2024 CHR. KAGIWADA: Back to the main motion. Seeing no further discussion on the main motion, all those in favor of passing Bill 206 to Council with a favorable recommendation? Any opposed? Vote on Bill 206: The motion to recommend passage of Bill 206, as amended to (Draft 2) Draft 2, on first reading was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kagiwada—7. Noes: None. Absent: Committee Members Kierkiewicz and Lee Loy—2. Excused: None. ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting MENT: at 4:12 p.m. Approved: 17/9'2i Ms. J Ka wa.., C,ai (Date) Policy Committee on -ealth, Safety, and Well-being JK/dt Page 7