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HomeMy WebLinkAboutMIN COUNCIL 2025-12-03 2024-2026 Hawaii County Council 281h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 3, 2025 INVOCATION: Pastor Rosemary Kawamoto of Community of Christ- Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Mr. Dennis "Fresh" Onishi, Vice Chair (came in later) Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Matt Kaneali`i-Kleinfelder, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Hustace presented Certificates of Merit to the Hawai i EXPRESSIONS OF Preparatory Academy Boys Cross Country Team in recognition of its Hawaii CONDOLENCE: State Division H Championship. Also, Mr. Inaba presented the December 2025 Haweo Award to Hamakua Patrol Officer Ivan Alatan of the Hawaii Police Department.) Recess: At 9:15 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:17 a.m. Hawaii County Council-28 December 3,2025 STATEMENTS The Chair directed the Council 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: Jason Higa: Bill 83, Draft 2 (Comm. 482.10), in opposition. (representing Zippy's (See Comm. 482.314) Restaurants) Mayor C. Kimo Alameda: Bill 83, Draft 2 (Comm. 482.10), in opposition. John Pelletier: Bill 63, Draft 2 (Comm. 333.7), comment. (representing Kona Community Development Plan Action Committee) Nancy Pisicchio: Bill 63, Draft 2 (Comm. 333.7), in opposition. Matt Binder: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.291) Andrew Scheinis: Bill 83, Draft 2 (Comm. 482.10), in support. Abigail Tracy: Bill 83, Draft 2 (Comm. 482.10), in support. (representing World Centric) Joy Dillon: Bill 83, Draft 2 (Comm. 482.10), in opposition. (See Comm. 482.304) Kalia Edmonds: Bill 83, Draft 2 (Comm. 482.10), in support. Stella Black: Bill 83, Draft 2 (Comm. 482.10), in support. Isaiah Iman: Bill 83, Draft 2 (Comm. 482.10), in support. Nani Garduque: Bill 83, Draft 2 (Comm. 482.10), in support. Kymani Kunewa-Hams: Bill 83, Draft 2 (Comm. 482.10), in support. Kendall Trumper: Bill 83, Draft 2 (Comm. 482.10), in support. Avamarie Lougee: Bill 83, Draft 2 (Comm. 482.10), in support. Isabella Ibarra: Bill 83, Draft 2 (Comm. 482.10), in support. Page 2 Hawaii County Council-28 December 3,2025 011ie Rama: Bill 83, Draft 2 (Comm. 482.10), in support. Delilah Vinson: Bill 83, Draft 2 (Comm. 482.10), in support. Noelle Lindenmann: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.324) Alexis Chapman: Bill 83, Draft 2 (Comm. 482.10), comment. (representing Hawaii Food Industry Association) Tanya Aynessazian: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Chamber of (See Comms. 482.297 and 482.358) Sustainable Commerce) Maiana Villegas: Bill 83, Draft 2 (Comm. 482.10), in support. Sarah Warr: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.354) Josephine Keliipio: Bill 63, Draft 2 (Comm. 333.7), in opposition. Alesha Makuakane: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Recycle Hawaii (See Comm. 482.326) and Ka`u Global Learning Lab) Waileia Haili-Barawis: Bill 83, Draft 2 (Comm. 482.10), in support. Kona Smith: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.345) Roxie Castaneda: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.296) Rojelin Capueta: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.295) Ahlyna Flores: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.307) Chazlyn Mukini: Bill 83, Draft 2 (Comm. 482.10), in support. Cristina Holt: Bill 83, Draft 2 (Comm. 482.10), in support. Kristine Kubat: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Recycle Hawaii) (See Comm. 482.341) Page 3 Hawaii County Council-28 December 3,2025 KC Osborne: Bill 83, Draft 2 (Comm. 482.10), in support. Megan Leatherman: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Hawaii Wildlife (See Comm. 482.313) Fund) Lisa Diaz: Bill 83, Draft 2 (Comm. 482.10), in support. (See Comm. 482.303) Stephanie Bath: Bill 83, Draft 2 (Comm. 482.10), in support. Kalei Kailikini: GOEAC-80 (Comm. 616), in support. Justin Canelas: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Recycle Hawaii) Maile Lavea-Malloe: GOEAC-80 (Comm. 616), in support; and (representing Hui Aloha Res. 384-25 (Comm. 601), comment. `Aina o Hilo) (See Comm. 601.5) Nicole Larson: Bill 83, Draft 2 (Comm. 482.10), in opposition. (representing Circular Hawaii) (See Comm. 482.323) Stephen Ueda: Bill 83, Draft 2 (Comm. 482.10), in opposition. (representing Suisan Company, (See Comm. 482.350) Ltd.) Nick Doyle: Bill 83, Draft 2 (Comm. 482.10), in opposition. David Pang: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Malama Eco Products) Pelehonuamea Harman: Res. 403-25 (Comm. 629), in support. (representing No Na `Opio) Kencho Gurung: Bill 83, Draft 2 (Comm. 482.10), in support. (representing Sierra Club Hawaii Island Group) Recess: At 11:08 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:22 a.m. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Page 4 Hawaii County Council-28 December 3,2025 Chair Inaba announced that the Minutes of September 3, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-80 NOMINATION OF MAILE K. LAVEA-MALLOE TO THE HAMAKUA (Comm. 616): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: December 13, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-80: Ms. Kimball moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 80. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 83 The following individuals registered to speak and came forward when called by (DRAFT 2) the Chair: (COMM. 482.10): Ann Chau: In support. (representing World Centric) Georjean Adams: Comment. (See Comm. 482.289) Jennifer Navarra: In support. (representing Zero Waste Hawaii Island) Page 5 Hawaii County Council-28 December 3,2025 Bill 83: AMENDS CHAPTER 20 OF THE HAWAI`I COUNTY CODE 1983 (2016 (Draft 2) EDITION, AS AMENDED), RELATING TO PLASTIC AND POLYSTYRENE WASTE Seeks to reduce disposable plastic or polystyrene foodware and serviceware in alignment with the County of Hawai`i's Zero Waste Plan and the State of Hawai`i's Aloha+ Challenge Solid Waste Reduction Goals. Reference: Comm. 482.10 Intr. by: Council Members Galimba and Villegas First Reading: November 19, 2025 (Note: The following were circulated regarding Bill 83, Draft 2: 1. Comm. 482.15 from Environmental Management Deputy Director Craig Kawaguchi dated November 28, 2025, transmitting comments; 2. Comm. 482.16 from Council Member Dennis "Fresh" Onishi dated December 1, 2025, transmitting information; 3. Comm. 482.17 from Council Member James E. Hustace dated December 2, 2025, transmitting proposed amendments; 4. Comm. 482.18 from Council Member Michelle M. Galimba dated December 2, 2025, transmitting proposed amendments; 5. Comm. 482.19 from Council Member Michelle M. Galimba dated December 2, 2025, transmitting supplemental information from Zero Waste Hawaii; 6. Comm. 482.20 from Council Member Rebecca Villegas dated December 3, 2025, transmitting proposed amendments; and 7. Comm. 482.21 from Liquor Control Director Gerald Takase dated December 2, 2025, transmitting comments.) Motion to Approve: Ms. Villegas moved to pass Bill 83, Draft 2, on second and final reading. Seconded by Ms. Galimba. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I want to start off by thanking everybody who came out today to testify. Whether or not in support or in opposition, it's been very telling. It's been very exposing of a lot of different things. I am going to keep it short. I'd like to allow my colleagues time to speak. We also have an amendment to be brought forward that I'm excited will assuage the concerns of some of the organizations who've spoken here today. But I'm most grateful for the testifiers, for the young people who will inherit this earth. What we're leaving them is shameful. I grew up walking the beaches of this beautiful island and never was plastic an issue. And now, it's rampant. The compostables perfect? No. But in an era when plastic is literally inundating our personal bodies and ecosystems, from testicles to breast milk, it's an issue. And this is a step that's necessary to take in order to move forward as a Page 6 Hawaii County Council-28 December 3,2025 County. I also would like to clarify that none of the other counties who passed single-use disposable plastic serviceware legislation have industrial or commercial composting systems. They've worked with other organizations, and they have not had the negative ramifications that have been implied. Gaslighting comes to mind. And as a woman in the 21" Century who has been gaslit on a number of different issues and experiences, no more. My daughter testified here today. I want to break this cycle of gaslighting and make sure that we move forward as a County, in a positive direction that my children and my grandchildren can be proud of. So I ask for continued support of the Council Members here. I'll go ahead and just pass it on to hear comments of my colleagues. I yield. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. I also will be brief, but do want to thank all of the testifiers for their input and their passion for our island. I do want to point out that, to my fellow Council Members, we do have a packet about the in-vessel composting option, which is not a centralized facility but would be more of a decentralized community-by-community, even business-by-business, option that we can look towards as a part of. It's not the silver bullet either. But there are options. And there will be more options as we tackle this issue of plastics and replacing them in the logistics and everyday life practices that we have. So I just wanted to point that out. There is a timeline. There are costs. This is something that I'm very proud that the students at Ka`u High and Pahala Elementary have been working on with their teachers. So I wanted to particularly thank them for taking the time to testify today. And with that, I think I will just leave it to my fellow Council Members to ask questions, and also look forward to the amendment that will be addressing some of the concerns of needing to have a broader range of certifiers that my fellow Council Member James Hustace will be providing. CHR. INABA: Vice Chair Onishi. MR. ONISHL Thank you, Chair. Chair, I wanted to make a motion to close and file Communication 482.16, and this is just a reference to the Council Members. CHR. INABA: Vice Chair Onishi, we typically don't have a"close file"when we have a main motion on the floor to pass a bill. But if you'd like to cover the contents of Communication 482.16, we can follow along and the public can follow along as well. MR. ONISHL Basically, it's when we had discussions from the distributors and from others about the different types of, I guess, certifications that fall under ASTM (American Society for Testing and Materials). And so, it's just that when Page 7 Hawaii County Council-28 December 3,2025 we got to, I guess, hear this bill, I really didn't know had these multiple different certifications. And so, with this bill that is written in front of us, it was limiting the amount of certifications, which to me brought up that I felt this bill was kind of centering into certain businesses. And so for me, for free trade, free enterprise, it was a violation of what we were doing. And so,that's really good to hear today that people spoke up about these multiple, different certifications. And then hopefully, with some of these amendments, they're going to change all that, which is great. Okay. But then also, I wanted to bring up DEM (Department of Environmental Management) because we have their communication, which is Communication 482.15. CHR. INABA: Thank you. Vice Chair Onishi,you can proceed with your questions as Administration gets set up here. MR. ONISHL So,just basically you folks—well,you can introduce yourselves. And then kind of go over—because this is for the public to know, right—and explain what is your recommendation. How did you folks come up with these findings? And I think some people had mentioned about how it's not detailed enough. Or like, I guess, your study or your research didn't explain enough. (Note: At this time, Recycling Specialist Alexander White, Environmental Management Department, came forward to address the members of the Council.) MR. WHITE: Alex White, DEM. There's a lot to say, and I think I'd appreciate some specific questions. But yeah, so we spent the 45 days doing as much as we could to understand the situation. Very complex. There's a ton of stakeholders. Yeah, is there a particular ? MR. ONISHL Well, basically for the public's information,your recommendations on different stuff, basically your summary of, after reviewing the bill, what you folks came up with. And then also, what—the HRS (Hawai`i Revised Statutes) that you folks have to follow,your process of it once this bill passes. I think you guys can help explain that part. MR. WHITE: So the process that we're (inaudible) to start off is generally the process for you to build this. This memo, we spoke to a bunch of stakeholders all across. We didn't talk to everybody within the scope of this. We did as much as we could while also juggling other responsibilities. But yeah, we did our best to kind of come through here and to propose recommendations that would help with us in terms of implementing. So we didn't make a recommendation for or against this. Our goal is to provide information and data so that we all can kind of create the best strategy going forward. Page 8 Hawaii County Council-28 December 3,2025 And then definitely did defer—as it relates to statute and things like that, I definitely defer to Diana who's agreed to be here, too, to answer any questions specific to that. MR. ONISHL Maybe you could come up, Diana? You can come up. Because my question also, like within this report, is about the HRS you folks need to follow, right, by the timelines. (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MR. ONISHL Basically, you have what the recommendations were, right? MS. MELLON-LACEY: Good late morning, Council Members and Chairperson Inaba. My name is Diana Mellon-Lacey. I'm Deputy Corporation Counsel assigned to the Department of Environmental Management. MR. ONISHL Okay. In one section,you folks they mentioned about needing to do that fiscal or that economic study with the small businesses. MS. MELLON-LACEY: There is a financial impact. MR. ONISHL Right. And that's required by HRS? MS. MELLON-LACEY: Yes, 201. MR. ONISHL Can you explain a little bit of that? MS. MELLON-LACEY: 201M. It's the small business administration; to look at the impact of any ordinance or bill on small businesses, and to look at whether there's less restrictive means of implementing things, to understand what the cost and effect is on small businesses. And there's a requirement to give input and just have discussion with representatives to ensure that it's done in, I guess, a fair way—we're not wanting to put people out of business, I mean to try and work with the community to do that. MR. ONISHL So what if the percentage is, like, it's going to affect the small businesses, like a higher percentage that's going to be affecting the small businesses, then what would the department do about that? MS. MELLON-LACEY: Well, the department would have to look at it across the board and take input from small businesses; find out the actual cost of implementing it in terms of what the difference is, let's say, in container costs. Those sorts of things. Page 9 Hawaii County Council-28 December 3,2025 MR. ONISHL Right. Yeah. So, once you get that information from doing all this outreach, and then the results are they're going to affect a lot of small businesses at a high percentage, right, what will the department do? MS. MELLON-LACEY: Well, the department could make recommendations back to the Council. MR. ONISHL No, but so, it's amending the bill once it's approved? MS. MELLON-LACEY: Well, the Council would have to amend the bill, but the department could make recommendations based on the impact. MR. ONISHL I understand that, but—okay. Once we pass this bill today, if it does pass, now you guys are going to be doing your—DEM is going to be doing your study. Right? MS. MELLON-LACEY: Well, DEMI'm not sure exactly how DEM plans to implement it, but I can give you an example of what we did with the polystyrene bill. In that instance, we formed an advisory group with representatives from the business community, the restaurant association, relevant stakeholders. And we also included suppliers of products, and we had meetings. We had presentations on various products that could be used, what the cost difference was. MR. ONISHL So what was your finding? MS. MELLON-LACEY: Well, the finding was that it would cost more, but that it was accepted as doable by the community. And we went ahead and implemented it with input and buy-in I think that we gained from having those kinds of meetings, the stakeholder meetings. MR. ONISHL Okay. So then my question is, the burden is more than what we expect from the small businesses. Right? MS. MELLON-LACEY: Yeah. MR. ONISHL Now,you folks are going to have this report, right? Because you guys are the ones that are reaching out, because you folks are responsible under the HRS to conduct this. Right? MS. MELLON-LACEY: Yes, as the agency. That's correct. MR. ONISHL Right. Okay. And then, so once you guys get the results, and say it's a negative, then you would come back to the Council to, I guess, ask for an amendment to be done? Page 10 Hawaii County Council-28 December 3,2025 MS. MELLON-LACEY: Well, I think if we identified that it was really very difficult for businesses to do this for some reason, I think we would make the Council aware of it. But I don't know whether or not, at this point, the department would be the one proposing the amendment or not. MR. ONISHL No, not right now. I'm just seeing because once MS. MELLON-LACEY: We would share that feedback certainly. MR. ONISHL Yeah, okay. So that's the main thing. I wanted to let the public know that, from this report and what you folks are required to do, once you folks have your report then you folks need to let the Council know about it. MS. MELLON-LACEY: Yes. MR. ONISHL Okay. And then if it's something really negative, then there needs to be maybe an amendment done to the existing bill. Correct? MS. MELLON-LACEY: That could be a result, yes. MR. ONISHL Okay, thank you. I'll yield right now. Thank you. CHR. INABA: Thank you. We'll go to Council Member Hustaceor Council Member Kagiwada first. MS. KAGIWADA: Thank you so much, Chair. Deputy Director,you signed this report. I'd love to ask you just a couple questions about this. (Note: At this time, Environmental Management Deputy Director Craig Kawaguchi came forward to address the members of the Council.) MR. KAWAGUCHI: Deputy Director Craig Kawaguchi, Department of Environmental Management. MS. KAGIWADA: Thank you and thank you for being here. Thank you for getting us this feedback. Did you write this report? MR. KAWAGUCHI: We worked together to come up with the findings. MS. KAGIWADA: I'm concerned because there's at least one Al (artificial intelligence) hallucination in this report. Do you know what that is? That's when somebody's using a chatbot or Al, and the Al gives people what they want to hear, not what is actually real. So the second bullet under Section 3, enforcement and program development—actually, it's the third bullet where it says, "DEM is required under HRS 205M to determine the effect of the ordinance on small businesses by conducting a financial analysis of the impacts, and looking for ways Page 11 Hawaii County Council-28 December 3,2025 to mitigate any impact on small businesses." There's no HRS 205M. There is an HRS 205, and this pertains to land use, not small businesses. So, once again, I'm just asking who did compile this and who wrote it. MR. KAWAGUCHI: It was a collaboration between us at DEM and then also working with Corp. (Corporation) Counsel. And we did look at the positives and negatives of things, not just looking at it one-sided. MS. KAGIWADA: But you have factual incorrect information here that looks to be the result of using Al for this report. MS. MELLON-LACEY: This is Diana Mellon-Lacey, Deputy Corporation Counsel. Thank you for pointing that out. I actually did see it this morning, and it is a typographical error because it should have been 201M. MS. KAGIWADA: 201M. Okay. MS. MELLON-LACEY: 201M is the small business administration part of HRS that we were discussing earlier. MS. KAGIWADA: Okay. So we didn't MS. MELLON-LACEY: And I so apologize MS. KAGIWADA: Okay. So, you know MS. MELLON-LACEY: I'm sorry. I didn't— MS. KAGIWADA: In the 45 days that you had to get this right, that seems like something that we should have known. Because it's very hard, then, to look up this information that you've given us, and we just got this on Monday. So we haven't had much time to go through and look, after you guys had it for 45 days, to then look at what was written here and follow up on it and try to find out what is actually behind some of these citations. So,yeah, that's challenging. MS. MELLON-LACEY: I humbly apologize. MS. KAGIWADA: Okay, thank you. I want to just look at a couple other comments or recommendations you made here. Under "Developing and Deploying Public Education and Outreach,"your recommendation is to provide dedicated funding and do not split outreach responsibilities between two departments. When I read the bullets above that, I don't see any reason why this outreach shouldn't be split between two departments. Can you talk about why you recommend that particular ? Page 12 Hawaii County Council-28 December 3,2025 MR. KAWAGUCHI: Craig Kawaguchi, Deputy Director of Environmental Management. We worked with OSCER(Office of Sustainability, Climate, Equity, and Resilience) or any—R&D (Research and Development), OSCER, other departments. We even reached out to Council Members to work on outreach. So it's more of coming from one area instead of two. MS. KAGIWADA: But why? Why did you say that we shouldn't split outreach responsibilities? OSCER is our sustainability group. You're our environmental management. You both have a stake in something like this bill. Why would you not want to work collaboratively on something like that? MR. KAWAGUCHI: No, we work collaboratively. MS. KAGIWADA: Then why would this recommend not to work collaboratively? MR. KAWAGUCHI: So it comes from one—since this falls under DEM, we just thought that DEM should take the lead on this, working with OSCER, R&D, and different departments. It's nothing—we didn't look at it as a negative thing. Yeah. MS. KAGIWADA: Okay. All right, thank you. And then the other questions I have have to do with your stance on the reusable foodware. You talk about the reuse service providers and the recommendation that it include plastics. And the reason given here says that although the reusable foodware program that's proposed will be using stainless steel, we recognize that there are cases where plastics may be preferred or the only viable option. So we already know that we're going to be using stainless steel. So, clearly, it's not the only viable option. You do cite alcoholic beverage containers needing to be in translucent containers. To that, I guess I'd say built into this bill is the ability to do exemptions. And for something like that, like an event that's doing—and they need an exemption, I think that that's pretty obvious that they can apply for an exemption for something like that. I don't think you need to build a bill around the possible couple of exemptions that we might come up against. And so, I think for this bill, it makes perfect sense to say that it's not plastic. But if there's an exemptionChair, may I have ? I'm on my last thing. CHR. INABA: Thank you. Go ahead. MS. KAGIWADA: Thank you. That we don't build things around the exemptions, but we allow for those exemptions. So I hope that you can understand that. And I will just say, as the Council Member representing District 2, if there are businesses or events happening in District 2 and you want Page 13 Hawaii County Council-28 December 3,2025 to apply for an exemption once this goes into effect after a full year, I am happy to assist if people find that burdensome or challenging to do. I'm happy to help get those exemptions for those particular cases. MR. KAWAGUCHI: I think, as far as putting that in, is when we receive the EPA (Environmental Protection Agency) grant, the two, I guess, materials looked at was stainless steel or plastic. And we didn't want to just leave it at stainless steel. But we didn't think about the exemptions. MS. KAGIWADA: Yeah. So there are exemptions built in so people can do that. And I would just say, and this is more general, not to you, but a testifier did mention 180 days not being enough. But I just want to point out that the 180 days is on top of the full year that we're going to have before this goes into effect. So it's a year and a half, basically,you would have to get it together. So I think and we've built in quite a lot of cushion here. And I hope that,yeah, you agree that that would be a reasonable amount for people to come on board. So thank you for answering my questions, and thanks to MR. WHITE: I wouldn't mind offering something just related to that. So if you look at successful reuse programs across the country and Europe, where we frequently look to for leadership and examples of how to successfully run programs, almost all of them are using plastic. So it's unfortunate. It's not the best thing. But it is the reality, because these programs do need to be financially viable. So that's a really critical component. And the cost difference, the weight difference, how many units you can stack. We all know plastic has tremendous advantages there. So, if our goal is to support diversion and extend the lifespan of the landfill, plastic has a place in that. Our program is going to be using stainless steel, based on community input, but we're just one program. There's other people who are interested in doing reuse here, coming from other places to do it. So, if this definition does stay the same, other folks who are looking to come here and to demonstrate how to reuse, that wouldn't be possible for these other businesses. So it's not just events. It's actual reuse service providers. MS. KAGIWADA: Yeah. Understood. And I'm glad that you did emphasize that our community definitely said they do not want plastics. So that came through loud and clear. That's why I'm going with the stainless steel. And if we get to that point at some point, and we need to come and revise the statute, that's fine too. But at this point, in order to have a strong rollout a year from when this passes, I think it's really important that we are very clear to people that we're moving away from plastics. So thank you. Thank you for your input. I yield. CHR. INABA: Thank you, Council Member Kagiwada. Council Member Hustace. Page 14 Hawaii County Council-28 December 3,2025 MR. HUSTACE: Thank you, Chair. Thank you, Deputy Director of DEM for being here today. I appreciate your time. Just a question regarding the report. What is your—we've had this conversation and testimony here at Council. What is your recommendation on the composting facilities, because that's not really laid out in the report here. MR. KAWAGUCHI: I think we're exploring that right now, looking at decentralized composting. We're open to that and we're looking at it to see where it fits in. Because I think once it gets to the County facilities, then that's when different permits might kick in. MR. HUSTACE: Okay. So some permitting challenges possibly or something there to investigate. Yeah, Council Member Galimba did present a nice report here in Communication 482.19. So thank you for that. And it's something to take a look at with DEM as possible suggestions and avenues to take in regards to the decentralization of the composting facilities and what that might look like. It's also possibly a recommendation that I think we should, as we engage with you in the budget season, try and map out some of these things going forward, what that starts looking like. I know you have other big ticket things that you're working on right now, that we talked about quite a bit often, but we also have to start mapping out what that next phasing looks like for this arm of our solid waste branch and diversion. So I think it's a conversation we have to keep having. So thank you for taking a look at that and the considerations there. We've had conversations here, and I appreciate the testifiers. We had a great number of testimony today about this. I think there is some concern here about the additives in the bioplastics and some of that. I think that's something we need to consider kind of going forward and what that means for health and safety, and those sorts of things as well. We've also had past conversations about, and on the record we brought amendments forward, about how to protect some of our small businesses. Those were unsuccessful, but that's something that we still should be aware about, and how we protect our small mom-and-pop stores and community shops from any sort of challenges. And considering the cost challenges and opportunities that can be provided by opening this up, maybe they'll be lessened. So it's something to consider there as well. And then, grateful for all the engagement with distributors and partners regarding this, and the challenge it presents with the current language. So with that, Chair, I'd like to motion to amend Bill 83, Draft 2, with the contents of Communication 482.17. Motion to Amend: Mr. Hustace moved to amend Bill 83, Draft 2, with the contents of Comm. 482.17. Seconded by Ms. Kagiwada. Page 15 Hawaii County Council-28 December 3,2025 CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just for clarity here and so the public is aware that it does remove in the definition portion of Bill 83, Draft 2, identifying language about the BPI(Biodegradable Products Institute) certification mark, as well as the CMA (Compost Manufacturing Alliance) certification just in a sense that it's no longer required in the language pertaining to disposable serviceware. So the language incorporated here states that it's certified by a third parry entity as compliant with ASTM Standards D6400, D6868, or D8410, or any other equivalent technical standard for compostability or biodegradability. So, trying to hit on the mark that I think we've heard from testifiers and our distributors, and those that are already in the marketplace about how can they still be at the table coming forward and work collaboratively to protect our `aina and our communities going forward. So this does the language here pertains to BPI, CMA, Din Certco, NSF (National Sanitation Foundation), as well as the language allowing for some of our European standards as well. So that's the goal and the purpose of this amendment to kind of open that field up for those that are already in the marketplace, or future opportunities for businesses to come forward that have that compostable criteria and biodegradability. So thank you for your consideration in having to bring this amendment forward. Thank you, Chair. CHR. INABA: Council Member Villegas, on the amendment. MS. VILLEGAS: Thank you, Council Member Hustace, for bringing this forward, and for all those that work in this industry. It is an industry now, which I think is fantastic. We have resources made from plants. That's an option. And we have economies of scale. I've learned a lot in this process. It's impossible to be an expert on every field we have to talk about while we're here. But I'm in support of this amendment. And I'm grateful to the author for kind of incorporating everything without—the greatest fear in all of this, because we've seen it happen, is loopholes get introduced accidentally, unconsciously, or sometimes maliciously by organizations that take advantage of us not being an expert in the field and economies that they navigate daily. I am putting my full trust that that is not the case in this amendment, and that it does in fact uphold the standards of authentic requirements for compostability. Does not create loopholes for thicker plastic bags orI'm really grateful to Council Member Kagiwada for her determination and commitment to defining "reusable" so that we have an opportunity. Because, we're the third municipality in line, and it's taken a long time. And we've learned from the challenges from the legislation that's been passed on other islands. Page 16 Hawaii County Council-28 December 3,2025 So thank you, Council Member Hustace. I'm in full support of this amendment and yeah, I yield. CHR. INABA: Any other discussion on the amendment? Seeing none, all those in favor of amending Bill 83 with the contents of Communication 482.17,please say "aye." Vote on Motion to The motion to amend Bill 83, Draft 2, with the contents of Amend: Comm. 482.17 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. Vote on Motion to Ms. Villegas moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Bill 83, Rules: Draft 2. Seconded by Ms. Galimba and carried by the (Approved) following roll call vote: Ayes: Council Members Galimba, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—6. Noes: Council Member Hustace— 1. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. CHR. INABA: We can proceed with discussion on Bill 83, as amended. Council Member Villegas. MS. VILLEGAS: A couple questions for you, Deputy Director Kawauchi [sic]. I had a teacher at Konawaena named Mrs. Kawauchi. Did you—and I'm just looking for yes or no answers—did you consult OSCER when putting together this response and memo? MR. KAWAGUCHI: No. MS. VILLEGAS: No. That seems very odd to me. Corporation Counsel CampbellI'm sorry? Melanie? Okay. Sorry. Did you review this memo or work on this memo prior to it being submitted? MS. MELLON-LACEY: Yes, I did review it. MS. VILLEGAS: Okay. Was Al used to generate this memo? Page 17 Hawaii County Council-28 December 3,2025 MS. MELLON-LACEY: No. Well, not to my knowledge. I didn't use any Al. MS. VILLEGAS: You didn't use Al. MS. MELLON-LACEY: No. MS. VILLEGAS: Okay. Mr. Kawauchi, was Al used? MR. WHITE: I can speak to that just a—Alex White, DEM. In the most minute areas, there was a couple sentences in the MS. VILLEGAS: Okay, yes and no. MR. WHITE: This is not a product of Al. MS. VILLEGAS: Okay, thank you. And, you know, it sucks to be here and have to bring up these kinds of questions, because they actually should be totally irrelevant. But when you had 45 days to provide comments, never reached out to the Office of Sustainability, Climate, Equity, and Resilience, which was established to sit at a Cabinet level with the leaders of this County to direct them in best practices, most current technologies, and what's happening in other areas, that to me, like it was insulting. I mean, I was watching the time clock on Wednesday, because the Clerk said 4:30 on Wednesday because there was a holiday; that's the deadline. Nothing came in. And instead it comes in on a Monday, two days before we come to Council for second and final reading? Some of the people on this dais didn't see it until today, in which the number was changed to 201M, but it had said 205. So even in that time frame. So, at a time when community doesn't trust government and is consistently disappointed by decisions being made for short-term economic gain of a small group of people, it's really rough not to be insulted and offended. And to think—somebody save me—don't mistake incompetence for maliciousness or conspiracy. It sucks to be in that place and have my constituents coming to me and saying stuff like that. Like wow! That's so disappointing! It's so disappointing! But strategically, hey, what better strategy than to provide a five-page memo two days before we get to sit here. Because then, who has time to dissect it. And I'm really grateful for the experts in this field that did take that time frame, and came back with poignant, authentically true, scientifically grounded, and historically accurate information. I wasn't going to bring up this memo, but Mr. Onishi did. And so, I—I'll take a deep breathI also want to clarify that in prior conversations, talking about do the requirements for Chapter 201M, it's not"shall." DEM does not have to do that small business impact; it's "may." And under a circumstance like this, when Page 18 Hawaii County Council-28 December 3,2025 over 500 businesses in this County already utilize biodegradable and compostable serviceware, it would be a waste of your time and energy and County taxpayer dollars to do a research study on this. We're already behind the times. It's time for us to move forward with clarity, courage, and wisdom, aligned with best practices and the support which has been offered by multiple organizations not just within this County. If our high school students in Ka`u are doing it, and they have dirt 24 hours later on an island that is predominantly lava and we are dirt poor, it behooves us. I also want to point out that since I've been sitting in this seat, which has been seven years now, DEM has been talking about composting and what can be done and how many reports and recommendations have been written. And it's come back to, thankfully, these smaller units and it's possible. So let's do it. Unfortunately, sometimes it takes passing a law to light a fire under `okoles to get things rolling, and that's what I'm very hopeful we can do here today. I'm going to acknowledge that I am going to hold back on providing comments and retorts on the Mayor's testimony. I yield. CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. First of all, I just want to mahalo Council Member Galimba for providing the detailed information about the compostable—what is it called—in-vessel composting. And I think lesson learned in terms of the green waste that we manage here, about having one single facility on the island. Looking at a more distributed system for composting these products is definitely something I think that is more amenable to the size of the County and our population centers and stuff like that. So something like this, I think, is very helpful. Appreciate the amendment. I think that that, based on what we've heard, was an important consideration. I did have one thought about what Mr. White was saying with regard to the reuse companies that are doing business elsewhere, where they may have a plastic product that is reusable, is not available in some other form. So I can think of situations where there might be a reusable product that doesn't come in a stainless steel form. I'm wondering ifI just was drafting it here real quick you might consider an amendment under the exceptions that would include reusable foodware for which an alternative to polystyrene or plastic is not available, as just a friendly consideration that I think we could go back and amend this later if needed. But the one thing that I'm potentially concerned about is businesses that might want to do reuse here might not be inclined to if that language isn't included, if it's part of the whole package. Just putting it out there. I don't want to make my staff rush to put this together if the authors are not inclined to support such a notion. Page 19 Hawaii County Council-28 December 3,2025 CHR. INABA: To the authors? MS. VILLEGAS: I hear you and I see that, but we haven't even gotten the first one up and running and started yet. So, to add a loophole and weaken this legislation on the off chance that at some point in the future there will be another organization that wants to come in and needs to use plastic, it feels like that's the loophole that essentially could gut the bill. So I'm not open to that at this time. And perhaps in the future if that is the case, then that's something to be taken into consideration. But at this time, no, I'm not supportive of that. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Yeah. It's something that I think we kind of gave some thought to and everything. When a restaurant or a food purveyor decides to be part of the reusable foodware program, they do not have—it doesn't mean that every single one of their dishes has to be reusable. They may opt in that there's a certain bento box style thing or something that is something that they do want to opt in to. But if they have a specialty item, like the seven-pound chili from Zippy's, we're not going to the reusable foodware program is not going to have an option available for something like that just because the numbers won't be there. That is my understanding of the project. So I don't think it necessarily makes sense for those few items, because I don't think the way the reusable foodware project is conceived means that they will be providing every size of every single possibility needed for a business. And maybe Mr. White can let me know if that's incorrect. But that's my understanding, is that the reusable foodware program won't necessarily have every size of everything available in a reusable form, and that they may use compostable in this case for some of their items, if needed. MR. WHITE: Yeah, we can speak to that. At this point in time, that's correct. The program is designed to scale and spread across the island. That is our hope. Our intention is to include stainless steel, but we haven't explicitly excluded plastic as well, because we understand that there's certain use cases that I think we'd be irresponsible to say you can never do this, because this is a long-term project that needs to grow and go through ups and downs and trial and error to figure some of these things out. And ultimately, our program needs to be financially viable. Zero County dollars are going to support this. It all came from money that Deputy Director Kawaguchi secured from the EPA, along with our partners at Zero Waste Hawaii Island and Federal. So this program has to stand on its own. And if they can't find a financially viable model, they're either going to need to go out asking for money or the program's going to fail. Page 20 Hawaii County Council-28 December 3,2025 MS. KAGIWADA: Right. And is it financially viable that, say, one restaurant on the island needs a seven-pound chili holder, that the reusable foodware project would go out and procure reusable items for just that very small number needed? That was kind of my question. MR. WHITE: Yeah,probably not. Yeah. It would have to be—it's going to be a business. So there would have to be a financial incentive and enough scale to justify the product. MS. KAGIWADA: Right. And by participating in the reusable foodware program, it doesn't mean that that business can't use some compostables or other containers other than the reusable products, right? MR. WHITE: That's correct. MS. KAGIWADA: Okay. I guess my thought is that I don't know that that solves the issue here, because those specialty items wouldn't necessarily be furnished by the program anyway. But thank you for the idea. I yield. MR. WHITE: Can I just provide one example? So, for example, during the pandemic, restaurants were giving alcoholic drinks to go. Lucy's Taqueria is the one that comes to mind to me. So that might be a use—like a more permanent use case for plastics, because our understanding, through speaking to the Department of Liquor Control, is that a translucent container is mandatory. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I'd just like to correct you that a translucent container is not mandatory. That is not the law. That is just their preference. I've been to a number of events where they use aluminum containers, stainless steel containers, and all different options. I also want to just point out that it's my understanding that Zippy's seven-pound container of chili is considered prepackaged, because that's made, put in the container, and frozen. So when it's ordered and sold at their Zippy's, this legislation has nothing to do with that particular product. So just making that clear and taking that off the table as consideration. And also the liquor issue. I think there have been a number of things brought up in these conversations that have been implied that they are "shalls" and law, but it's just actually been the will of the people in certain positions of perceived power and influence. I yield. CHR. INABA: Vice Chair Onishi. Page 21 Hawaii County Council-28 December 3,2025 MR. ONISHL Thank you, Chair. Can you folks explain to the public on how, I guess, the composting facility that was contracted before with the previous administrations, and it never happened? MR. KAWAGUCHI: Yes. The reason why the program was suspended was that there wasn't enough food waste. So, the majority of the food waste was going to the piggeries, is what we found out. MR. ONISHL Okay. Was the food waste supposed to be certain types of food waste, or it could be anything? MR. KAWAGUCHI: From what I recall, it's not the meats and the they were looking more for the vegetables, the fruits, and that type. MR. ONISHL Okay. So just to kind of make it clear, I guess, to the public of why the County wasn't doing their composting, what were the reasons, and so that's the reason. And I did mention this, or asked you folks, at the last meeting if the County, DEM, would do these smaller composting facilities like maybe at the transfer stations, would we be required to get permits, like Department of Health permits? MR. KAWAGUCHI: Yeah. MR. ONISHL And any other permits? MR. KAWAGUCHI: So it would be MR. ONISHI: You can introduce yourself. (Note: At this time, Solid Waste Operations Division Chief Michael Rivera came forward to address the members of the Council.) MR. RIVERA: Mike Rivera, Division Chief for DEM. Depending on the size of the composting unit would determine the permitting process and how extreme. But basically, you would look at air emissions, health, and just general site, planning, use. MR. ONISHL Okay, so you did hear testimony;people mentioned about those smaller versions of these composting machines. So your thoughts on that? MR. RIVERA: We actually went to go look at the Pahala unit last week; it's pretty impressive. It's really small-scale. It would not work at that level for us. We would need a much larger unit based on the volume of food waste generated and disposed of at the landfill. I was just doing some research. Basically, we Page 22 Hawaii County Council-28 December 3,2025 would need, if we were to do an in-vessel,just on the surface, about four of the large units that they have. So those would need the permitting, DOH (Department of Health) approval. A mid-size level, based on the volumes, we don't know. We're having a waste characterization study done early next year, so we'll have a better idea on the volumes of material going into the landfill. So four large units, eight mid-size units, and at the smaller facilities we would use 90-gallon carts and totes, and put the food waste in and then travel to the appropriate facility for all processing. MR. ONISHI: So you would need more manpower? MR. RIVERA: Yeah,you would just for the unit, you still need land. You need storage capacity. You need staffing, equipment, the travel. The in-vessel unit is just one aspect of putting a whole composting decentralized around the island, but— MR. ONISHL No, what if they—like an organization that says, "We want to volunteer and help the County in doing it,"would the County be able to do something like that, or we have these responsibilities that we need to be having County employees there? MR. KAWAGUCHI: That, I think, we would need to check with Corp. Counsel on having volunteers. MS. MELLON-LACEY: You're asking could volunteers be used to do such a program? MR. ONISHL Yeah. What's been testified to, right, like having smaller units at the transfer stations since we don't have this larger-scale composting facility. MS. MELLON-LACEY: Deputy Corporation Counsel Diana Mellon-Lacey. I think it's something that certainly can be considered, what the requirements would be. To implement it and how it would be structured would take some doing, but I don't see why it can't be considered. MR. ONISHL No, I understand that but what I'm just saying is, backyard composting compared to if the County takes over doing that process, there's differences in requirements that— MS. MELLON-LACEY: Oh, yes, I'm sure that the requirements for the County would be significantly more stringent than what someone doing it in their backyard would have to do. Page 23 Hawaii County Council-28 December 3,2025 MR. ONISHL Right. And so, that's—what I'm trying to get at is at least let the public know that it just cannot happen. We, the County, cannot just do something because someone else is doing it in their backyard, right. We've got to follow requirements. MS. MELLON-LACEY: So I think that's really an education effort, I guess. Maybe I'm not understanding what you're asking. I'm sorry. I'm really sick and my ears are plugged up. I'm not hearing well. MR. ONISHL You understand what I'm saying, right? Yeah. And then you already said that we do, yeah. Okay, I yield. Thank you. CHR. INABA: Any further comments from—Council Member Kierkiewicz, go ahead. Take us home. MS. KIERKIEWICZ: Okay. I wasn't going to say anything, and then the Mayor just had to come and share his thoughts; and so in response to that. He talked about cost. He talked about inconvenience, the impact to sports teams, and then, what was the last thing, ethics concerns. First off, it's 2025, right. Our decisions can no longer just be based on dollars and cents alone. It has to be triple bottom line driven: what is good for people, what is good for planet, can also be financially responsible. So I just want to make note that it doesn't always come down to cost, right. I think we have to make sure that the decisions we are making are with the future in mind. And to say that the products that are being pushed for in this legislation are inaccessible and inconvenient, Mayor busted out a Walmart bag and showed us how easy it is to get the malama kakou compostable items. And it honestly wasn't even that much. And I share that because almost every single weekend, I'm at some volleyball tournament. My daughter's team just hosted a tournament and guess what? Paper products and compostable everywhere. We factored those costs into service; it didn't break the bank. But you know what it did? It aligned with our values. We knew that there were going to be a lot of individuals eating. I see it at all the different tournaments that I go to; everybody is using compostable. So to say that businesses no can? Sorry, go check out the concession at the Armory, Billy Kenoi Gym, because these moms and these `ohanas know how to do it. I think the ethics concerns that were raised were stretched at best. I think to insinuate that a singular person in that business is solely responsible for this legislation is absolutely ridiculous but also insulting. Because, I know that for the last seven years, Council Member Villegas has been a champion of sustainability legislation, and this also just continues to affirm your commitment to our community and environmental well-being. So thank you. Page 24 Hawaii County Council-28 December 3,2025 The Mayor described himself as a complex mayor, but I heard absolutely no solutions, no path forward, lots of"no can." I would like to quote Mayor Kenoi: "It's not no can. It's absolutely how can." And we can move forward as a community with thoughtful policy. And I think we need to save the outrage for issues that matter, like homelessness, like our permitting process, like collapsing bridges, like the fires we are seeing in Downtown Hilo. Let's be upset about that. And finally, Craig, I'm so sorry to say this, but two years' delay implementation of this legislation? We have the Integrated Solid Waste Management Plan, adopted in 2019. This County has a Zero Waste mandate. What have you guys been doing? It's a rhetorical question. I don't know what you guys have been doing. This has been mandated for so long. And what bothers me when Council Member Onishi here is asking about backyard composting solutions, I have emails and text messages going back years asking for that very thing at multiple events that my office has driven in the community for years. And not once has DEM ever provided those backyard composting kits. I can order them off Amazon. But Finance tells me no can because RFP (request for proposal) dadada. So I try to go through DEM, and I've never gotten the composting kit. If you guys cannot do it, let's look to community because they know how to solutionize. They are actually doing things that you guys think are complicated, but the community's already figured that out. So let's partner. Let's see community as a partner and forward this legislation. I agree with you wholeheartedly that sometimes we don't need to wait for the infrastructure to be in place. We need policy to drive the innovation and the infrastructure. So thank you, Council Member Villegas, Council Member Galimba, for advancing this legislation. I really appreciate it. I yield. CHR. INABA: Thank you, Council Member. Any last comments? Nope? Sounds good. All right, so my turn. Regarding this letter from DEM, the summary on page 1 states that this bill doesn't align with either the Integrated Solid Waste Management Plan, nor the County's Zero Waste policies. What part is not aligning, if you can just help me to better understand that? MR. WHITE: I can speak. Alex White, DEM. So I actually have a list of the ISWMP (Integrated Solid Waste Management Plan) recommendations for implementing, and actually have some of the relevant sections from the Zero Waste Plan. So, for one, the ISWMP and the Zero Waste Plan recommend banning organics to the landfill. So, under this bill, all these materials are going to go to the landfill. So this is just a factual statement, really, into these things. We went through the ISWMP. There's 84 recommendations. And yeah, none of them ask for this legislation or this need. Page 25 Hawaii County Council-28 December 3,2025 CHR. INABA: Do the current activities of the department absent on this bill completely align with all of those recommendations in the solid waste management plan? I'll let that be a rhetorical question as well. Regarding the plastic bag legislation that was previously passed, it is stated here in the letter that advisory groups were formed regarding, I believe, the small business impact. Who formed those advisory groups? Was it the County or was it the State? MR. KAWAGUCHI: I think that was under DEM, because the plastic bag and the Styrofoam came from DEM. We checked with the different groups and spoke to different groups about it. CHR. INABA: Okay. So, Deputy Corporation Counsel, with regards to Chapter 201M, Small Business Regulatory Flexibility Act, it's my understanding that those advisory groups are being formed by the State. Can you further clarify how that actually works here should the department choose to go down that path of getting, or choosing to look at what kind of impact it would have on small businesses? MS. MELLON-LACEY: Deputy Corporation Counsel Diana Mellon-Lacey. Yes, the State has an advisory group, and the recommendation is that counties also form advisory groups to address these issues, which was what was done previously. CHR. INABA: Okay, so it wasn't a State—it wasn't part of the State. It was the County group. MS. MELLON-LACEY: That was not the State group, no. County group,yes. CHR. INABA: How many people sat on that advisory group? MR. KAWAGUCHI: I can't remember. CHR. INABA: Okay. Council Member Kagiwada brought up in one of these recommendations, under No. 3, not wanting to split the outreach responsibilities for implementation of this bill. So is it the intention of DEM that you folks take it on completely or that OSCER do it? MR. KAWAGUCHI: It will be shared with OSCER. But since this bill would fall under DEM, we just thought that it would be DEM working with OSCER, R&D, different departments, working with Council, businesses. CHR. INABA: The recommendation is to not split outreach responsibilities between two departments, DEM and OSCER. So who is in charge of the outreach in your folks' minds? Page 26 Hawaii County Council-28 December 3,2025 MR. KAWAGUCHI: It would be DEM. CHR. INABA: Okay. All right. And then, we just got a communication printed from the Department of Liquor Control, Communication 482.21. And we have somebody joining us from Liquor Control. Brandon, if you could approach. This was received yesterday. It's a short letter stating that"the County of Hawaii Department of Liquor Control would consider reusable cup service for its large events, which can be made from reusable clear plastics. However, the inclusion of subsection (d) of section 3 which prohibits plastics, may prohibit the use of reusable clear plastic service from being introduced to this County." Can you please further elaborate and try and get us to understand? It's a two-sentence memo that I wanted to have an understanding of since the department wanted to submit some type of letter regarding this bill. (Note: At this time, Liquor Control Administrative Officer Brandon Gonzalez, Liquor Control Department, came forward to address the members of the Council.) MR. GONZALEZ: Good afternoon, Chair Inaba and members of the Council. Brandon Gonzalez, Liquor Control Administrative Officer from the Department of Liquor Control. Essentially, we were asked to submit written testimony to just kind of describe how the proposed bill may impact our industry and the businesses in our industry, and that's what we did. So we're just here really to help you folks have confidence that whatever decisions you make, you guys are making it knowingly, intelligently, and with all the information you need to make a decision. So I'm just here to answer questions further. CHR. INABA: So does the department have a stance on this bill? MR. GONZALEZ: No, we do not. CHR. INABA: Okay. With that then, looking at this letter, it was brought up again regarding the 45-day window. I think legally, I consulted Corporation Counsel for court proceedings, Monday was allowable, but common sense tells us you guys should have gotten this in on Wednesday of last week since the Mayor had announced weeks prior that we wouldn't be open as a County on Friday. I think some of the financial and staffing considerations considered in this letter are not accurate. But ultimately, there's also concerns about rulemaking. This body sets policy for the County, and you folks go ahead and make your rules to administer that policy. We don't do it in the opposite form and wait for you folks to make rules. We set the policy. And I think that's what's about to be done today. So we're going to take a roll call vote on Bill 83 at second and final reading. Page 27 Hawaii County Council-28 December 3,2025 Vote on Bill 83: The motion to pass Bill 83, Draft 2, as amended to Draft 3, Draft 3 on second and final reading was carried by the following (Adopted) roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 384-25: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FOUR GRANTS FOR PROGRAMS ADDRESSING AFFORDABLE HOUSING Allows for grant awards to Ho`omalu at Waikoloa LP ($3,000,000) for the development of affordable multi-family housing, Housing and Land Enterprise of Hawaii County ($300,000) for the development of affordable single-family housing, Hawaiian Community Assets Inc ($4,100,000) for the acquisition of property, and Hawaii Community Lending Inc ($790,100) for financial assistance for homeownership through deferred-payment loans. Reference: Comm. 601 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-108 (Note: Comm. 601.2, from Housing Administrator Kehaulani M. Costa dated November 25, 2025, transmitting information regarding Res. 384-25, was circulated.) Vote on Res. 384-25: Mr. Hustace moved to adopt Res. 384-25 and Finance (Adopted) Committee Report No. 108. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 28 Hawaii County Council-28 December 3,2025 Res. 400-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT FOR MAILING SYSTEM EQUIPMENT TO BE USED BY THE OFFICE OF THE COUNTY CLERK Authorizes the Mayor to enter into a five-year lease agreement with an approximate annual cost of$10,000, to be used by the department's Support Services Division. Reference: Comm. 626 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Vote on Res. 400-25: Mr. Hustace moved to adopt Res. 400-25. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 401-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE SUPPLIES FOR THE 2025 MAGIC OF THE SEASONS HOLIDAY OPEN HOUSE EVENT Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 627 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 401-25: Ms. Kierkiewicz moved to adopt Res. 401-25. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 29 Hawaii County Council-28 December 3,2025 Res. 402-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER FOR ITS SPAY AND NEUTER CLINICS IN RURAL COUNCIL DISTRICT 5 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 628 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 402-25: Ms. Kierkiewicz moved to adopt Res. 402-25. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 403-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NO NA `OPIO TO ASSIST WITH EXPENSES FOR THE NA HOA CUP TOURNAMENT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 629 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 403-25: Ms. Kierkiewicz moved to adopt Res. 403-25. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 30 Hawaii County Council-28 December 3,2025 Res. 404-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FOOD BASKET INC. FOR ITS KOKUA HARVEST FRUIT STANDS IN COUNCIL DISTRICT 9 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 630 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 404-25. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just appreciate my colleagues' consideration on this resolution supporting The Food Basket and their K6kua Harvest as they push out in the community and support food efforts, food insecurity, and really providing locally sourced fruits and vegetables (inaudible) community. So thank you for your consideration. CHR. INABA: Thank you. All those in favor of approving Resolution 404-25, please say "aye." Vote on Res. 404-25: The motion to adopt Res. 404-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Page 31 Hawaii County Council-28 December 3,2025 Bill 63: AMENDS CHAPTER 25, ARTICLE 5, OF THE HAWAI`I COUNTY CODE (Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO DWELLINGS Permits residential dwellings within the industrial-commercial mixed use (MCX) zoning district. Reference: Comm. 333.7 Intr. by: Council Member Onishi Approve: PCPLUED-8 Postponed: October 22 and November 19, 2025 (Note: There is a motion by Council Member Onishi, seconded by Council Member Hustace, to pass Bill 63, as amended, on first reading.) ; and Comm. 333.8: From Council Member Dennis Onishi, dated November 17, 2025, transmitting a proposed amendment to Bill 63, Draft 2. (Note: Comm. 333.9, from Kona Community Development Plan Action Committee Chair Charles Young dated October 17, 2025, transmitting testimony regarding Bill 63, Draft 2, was circulated.) Motion to Postpone: Mr. Onishi moved to postpone Bill 63, Draft 2, to January 7, 2026. Seconded by Ms. Kierkiewicz. CHR. INABA: Discussion on the postponement? Seeing none, I believe we'll be ready with amendments at that one. So all those in favor of postponing Bill 63, Draft 2, to the January 7 h Council meeting,please say "aye." Vote on Motion to The motion to postpone Bill 63, Draft 2, to January 7, Postpone: 2026, was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 32 Hawaii County Council-28 December 3,2025 Bill 105: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Fund Balance from Previous Year account ($16,515,493.51) and appropriates the same to the Housing Production account. Reference: Comm. 602 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-109 (Note: Comm. 602.1, from Housing Administrator Kehaulani M. Costa dated November 25, 2025, transmitting information regarding Bill 105, was circulated.) Vote on Bill 105: Mr. Hustace moved to pass Bill 105 on first reading and (Approved) adopt Finance Committee Report No. 109. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 106: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Federal Grants —Emergency Rental Assistance Program COVID-19 (Emergency Rental Assistance 2 Pass Through) account ($1,494,623.34) and appropriates the same to the Emergency Rental Assistance Program COVID-19 (Emergency Rental Assistance 2 Pass Through) account. Reference: Comm. 603 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-110 Vote on Bill 106: Ms. Kagiwada moved to pass Bill 106 on first reading and (Approved) adopt Finance Committee Report No. 110. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 33 Hawaii County Council-28 December 3,2025 Bill 107: AMENDS CHAPTER 17 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE FIRE CODE Adopts the State Fire Code as the County Fire Code; and adds administrative procedures relating to fire code enforcement, including permits, reviews, and inspections. Reference: Comm. 604 Intr. by: Council Member Hustace (B/R) Approve: PCPWMT-8 (Note: Comm. 604.1, from Council Member Heather L. Kimball dated December 2, 2025, transmitting proposed amendments to Bill 107, was circulated.) Motion to Approve: Mr. Hustace moved to pass Bill 107 on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 8. Seconded by Ms. Kagiwada. Motion to Postpone: Mr. Hustace moved to postpone Bill 107 to December 17, 2025. Seconded by Ms. Villegas. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thanks, Chair. It just needs a little more time for review. CHR. INABA: All right. On the postponement? Seeing no further discussion, all those in favor of postponing Bill 107 to the December 17'h Council meeting, please say "aye." Vote on Motion to The motion to postpone Bill 107 to December 17, 2025, Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 34 Hawaii County Council-28 December 3,2025 Bill 89: AMENDS CHAPTER 7, ARTICLE 1, OF THE HAWAI`I COUNTY CODE (Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO THE APPOINTMENT OF THE CIVIL DEFENSE ADMINISTRATOR Adds a new section requiring the Civil Defense Administrator have a minimum of three years of responsible administrative experience in emergency management, disaster planning, homeland security, or public safety services management. In the event of a vacancy, the Mayor may convene a selection advisory panel consisting of the Fire Chief and Chief of Police to evaluate qualified applicants. Reference: Comm. 514.2 Intr. by: Council Member Kierkiewicz First Reading: November 19, 2025 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 89, Draft 2, on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just looking for everyone's continued support to ensure that our Civil Defense Administrator has all the necessary experience and expertise to lead our County during times of emergency. And I did have a chance to just verify with our Corporation Counsel Schoen that the way the bill is currently written will not trigger any kind of Sunshine Law violation. So we're good to proceed as is. Thank you for your support. I yield. CHR. INABA: Thank you. All those in favor of approving Bill 89, Draft 2, at second and final reading,please say "aye." Vote on Bill 89: The motion to pass Bill 89, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 35 Hawaii County Council-28 December 3,2025 Bill 97: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Federal Grants —State Homeland Security Program Fiscal Year 2021 account($2,189.48); and appropriates the same to the State Homeland Security Program Fiscal Year 2021 account, for a total appropriation of $622,189.48. Funds will be used to support the waste-water bio-hazard mitigation proj ect. Reference: Comm. 575 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: November 19, 2025 Vote on Bill 97: Mr. Hustace moved to pass Bill 97 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 98: AMENDS ORDINANCE NO. 25-50, AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSIENT ACCOMMODATIONS Delays the effective date of Ordinance No. 25-50, relating to transient accommodations, until July 1, 2026. Reference: Comm. 578 Intr. by: Council Member Kimball First Reading: November 19, 2025 Vote on Bill 98: Ms. Kimball moved to pass Bill 98 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 36 Hawaii County Council-28 December 3,2025 Bill 99: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Federal Grants —Bipartisan Infrastruct Law Coastal Zone Management Habitat Protection and Restoration account($1,901,521); and appropriates the same to the Bipartisan Infrastruct Law Coastal Zone Management Habitat Protection and Restoration account. Funds would be used to restore eleven and a half acres of deforested land in Puapua`a Iki in North Kona. Reference: Comm. 586 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: November 19, 2025 Vote on Bill 99: Mr. Hustace moved to pass Bill 99 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 100: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the State Grants —SS4A-County of Hawaii Smart and Safe Intersection Demonstration Project account($840,000); and appropriates the same to the SS4A-County of Hawaii Smart and Safe Intersection Demonstration Project account. Reference: Comm. 587 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: November 19, 2025 Vote on Bill 100: Mr. Hustace moved to pass Bill 100 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 37 Hawaii County Council-28 December 3,2025 Bill 102: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Federal Grants —County of Hawaii Smart and Safe Intersection Demonstration Project account($3,360,000); and appropriates the same to the County of Hawaii Smart and Safe Intersection Demonstration Project account. Reference: Comm. 590 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: November 19, 2025 Vote on Bill 102: Mr. Hustace moved to pass Bill 102 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 104: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants —Traffic Safety Training Project Grant account($18,440); and appropriates the same to the Traffic Safety Training Project account. Funds will be used by the Office of the Prosecuting Attorney to assist with travel expenses for conferences, trainings, and meetings related to impaired driving and effective prosecution of impaired driving offenses. Reference: Comm. 594 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: November 19, 2025 Vote on Bill 104: Mr. Hustace moved to pass Bill 104 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 38 Hawaii County Council-28 December 3,2025 OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (Note: At this time, Council Members made announcements regarding community events, activities, and other unofficial business. In addition, a moment of silence was observed for the passing of Steve Hirakami, former principal of the Hawaii Academy of Arts and Sciences Public Charter School.) ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 1:02 p.m. MENT: Council Approval: MAR 0 4 2026 LERK JH/dg Page 39