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HomeMy WebLinkAboutCOM 0684.005 2006-2008 Pete Hoffmann ~.v or M Phone No. Hilo: (808) 961-8027 •'~!'r Phone No. Waimea: 808 887-2043 Council Chair ~'~C ( ) Distract 9 -North and Souah Kohala Fax No.: (808) 887-2072 E-Mail: poffmann@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i Hawaii County Building Ho[omua Center 25 Aupuna Street 64-1067 Mamalahoo Highway. Suite C-5 Hilo, Hawaii 96720 Waimea, Hawaii 96943 November 8, 2007 TO: Casey Jarman, County Clerk and All Council Members i Hawaii County Council FROM• Pete Hoffmann, Chair - Hawai`i County Council RE: Council Agenda Request Please place the attached HSAC Meeting Report, dated October 29, 2007, on the Public Works & lntergovernrnental Relations Agenda, scheduled for November 19, 2007, for discussion purposes. Mahalo. PH/lys Comm. No. • Ref. Tos Ref. date OV 2D Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer ~trw~ Barbara Lively •''•y 333 Kilauea Avenue, second Floor Legislative Assistant Ben Franklin Building, Hilo. Hawaii 96720 District 6 ' ' Mailing Address: 25 Aupuni Street, Suite 200 , Phone: (808) 961-8026 COI M~ Fax: (808)961-8912 F,-Mail: jjaco uico.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i _ October 29, 2007 Pete Hoffmann, Chair Hawaii County Council Hilo, Hawai`I 96720 J Re: HSAC Meeting Report Aloha Pete, On October 26, 2007 I attended the monthly HSAC meeting that was held in Kona. Angel Pilago substituted for Bob Jacobson during this meeting. Others in attendance were: HSAC President Mel Ropozo, Kauai County Council Member; Kauai staff member Cyndi Ayonon; HSAC Tres. Joe Pontanilla, Maui County Council Member; Riki Hokama, Maui Council Chair; Maui staff member Gayle Revels; HSAC Secretary Romy Cachola, Honolulu City Council; Honolulu staff members Gavin Kennedy and Andrew Sekine; Hawaii County Council member Brenda Ford; Hawaii Council staff members Barbaza Lively, Melissa Fleming and Karen Eoff, and Hawaii County Housing Agency Community Development Planner Jeffery McComber. Members of the public present were: Ruby McDonald from OHA and June Rebago from UPW. Attached here for your review aze a copy of the meeting agenda and a copy of the September HSAC meeting minutes and related documents. Also attached here are copies of (4) "justification" sheets that were approved by the HSAC members, to replace the "justification" sheets submitted with the Hawaii County Legislative Priorities packet. The replacements were necessary to provide uniformity with the packets submitted from the 3 other Counties and were housekeeping measures only. Jeffery McComber gave a brief presentation (taken out of order on the agenda) on some of our Housing Agencies affordable housing programs and policies, as affordable housing is a common issue for all counties and this is the perfect vehicle for shazing policy and implementation efforts. The Chair allowed public testimony on agenda items. June Rebago asked that the members reconsider Item (9) (on memo dated Oct. 9, 2007) "A BILL FOR AN ACT RELATING TO PROCUREMENT" (Hawaii County Council did not approve this measure when they considered it on Oct. 17). She cautioned that there was nothing wrong with the legislation the way it is. Maui Council Chair Hokama commented that the bill would help Maui County alleviate its staffing shortages by allowing for short term contracts with professionals to provide services that are sorely lacking on Maui, especially engineering. Voting on the packet (memo dated Oct. 9, 2007) was postponed until all Counties have had the opportunity to discuss each of the other counties submissions when it was realized that some of the members were not comfortable voting on measures their council colleagues had not discussed or voted District 6 -Upper Puna, Ka `G, and South Kona Hawaii County /s An Equal Opportunity Provider And Employer M~ra~ Barbara Lively , ~ 333 KYlauea Avenue, Second Floor Legislative Assistant Ben Franklin Building, Hilo, Hawaii 96720 Dislriet 6 Mailing Address: 25 Aupuni Street, Suite 200 '+~ti.o~.w'+~ Phone: (808)961-8026 Pax: (808)961-8912 E-Mail: jjaco(u~co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i on. Hawaii Council has discussed measures proposed by Kauai and Honolulu Counties and will be discussing Maui County's proposals at its next Council meeting as the matter was referred to Laura Murashige on Oct. 23, 2007. The HSAC Executive Committee members approved the Resolution "URGING THE ATTORNEY GENERAL TO CONVENE THE TASK FORCE REQUIRED BY ACT 152 SESSION OF LAWS OF HAWAII 2007" and signed it (Angel signed for Bob) to be forwarded to the Attorney Generals Office. Next meeting will be in Honolulu tentatively set for November 26, 2007 where the final legislative priorities packet will be discussed. Thank you for allowing me to continue to serve in this capacity. M o, Barbara Liv y Legislative Assistant, District 6 Att. District 6 -Upper Puna, Ka`Q, and Sauth Kona Hawaii County Is An Equal Opportunity Provider And Employer MY ~LV O. • • ~ Hawai i State Association of Counties _ 9 Counties of Kauai, Maui, Hawaii and City and County of Honolulu t ~ pry...' ~~Y 1 Y T AGENDA HSAC EXECUTIVE COMMITTEE MEETING . Friday, October 26, 2007 ~ w. Kona County Council Conference Room Kailua-Kona Trade Center '07 OCT 19 P ~ '0$ 75-5706 Hanama Place, Suite 109 Kailua-Kona, Hawaii 10:00 a.m. r THE Ci~i;?i I. CALL TO ORDER COUP? ! Y ~ ` II. MINUTES ' Minutes of the September 14, 2007 Executive Committee Meeting, submitted by the HSAC Secretary. III. REPORTS A. TREASURER'S REPORTS 1. Report for August 2007, submitted by the HSAC Treasurer, by correspondence dated October 9, 2007 for the fiscal period August 1 through August 31, 2007. 2. Report for September 2007, submitted by the HSAC Treasurer, by correspondence dated October 9, 2007 for the fiscal period September 1 through September 30, 2007. B. County Reports. 1. Maui County Report. 2. Hawaii County Report. 3. City and County of Honolulu Report. 4. Kauai County Report. C. National Association of Counties (NACo) Report. D. Western Interstate Region (WIR) Report. C ' MCI{. 4 y ~4• or xn+Y~ October 26, 2007 Page - 2 - IV. UNFINISHED BUSINESS A. Hawaii Sister-State Commission B. State Identity Theft Task Force V. NEW BUSINESS A. Pasty Mink Commission B. Correspondence dated September 20, 2007, from HSAC President Mel Rapozo to Mark J. Bennett, Attorney General, expressing strong support and interest in the status of the formation of a task force pursuant to Act 152, Session Laws of Hawaii, relating to limited liability protection on recreational areas and public beach parks. C. Correspondence dated October 8, 2007, from Maui Deputy County Clerk Jeffrey T. Kuwada, forwarding a copy of the following draft bills and justification sheets for inclusion in the 2008 HSAC Legislative Package: 1. A BILL FOR AN ACT RELATING TO PROCUREMENT; 2. A BILL FOR AN ACT RELATING TO GRAY WATER; AND 3. A BILL FOR AN ACT RELATING TO HOUSING. D. Correspondence dated October 9, 2007, from the HSAC President Mel Rapozo, transmitting to the Executive Committee Members eleven proposals and justification sheets for consideration as part of the 2008 HSAC Legislative Package: 1. A BILL FOR AN ACT RELATING TO PRODUCT BRANDING & LABELING; 2. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCTS; 3. A BILL FOR AN ACT RELATING TO INVASIVE SPECIES; 4. A BILL FOR AN ACT RELATING TO COUNTIES, ESTABLISHING A PERMANENT FUND FOR LOW INTEREST LOANS TO COUNTIES; 5. A BILL FOR AN ACT RELATING TO GOVERNMENT; October 26, 2007 Page - 3 - 6. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY; 7. A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS; 8. A BILL FOR AN ACT RELATING TO HOUSING; 9. A BILL FOR AN ACT RELATING TO PROCUREMENT; 10. A BILL FOR AN ACT RELATING TO GRAY WATER; AND 11. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS; E. Proposed HSAC Resolution "URGING THE ATTORNEY GENERAL TO CONVENE THE TASK FORCE REQUIRED BY ACT 152, SESSION LAWS OF HAWAII 2007 F. Correspondence dated October 18, 2007, from the Hawaii County Housing Administrator Edwin S. Taira, accepting a request to present a briefing at the October 26, 2007 HSAC Executive Committee meeting by OHCD Planner Jeremy McComber. VI. ANNOUNCEMENTS A. Schedule of Upcoming HSAC Meetings. November 2007, TBA December 2007, TBA January 16, 2008 (Opening of the Legislature) B. Other announcements. VII. ADJOURNMENT CA/ds.hsac2007-579 Hawaii State Association of bounties Counties of Kauai, Maui and Hawaii,City 8.County of Honolulu ~ MINUTES HSAC EXECUTIVE COMMITTEE MEETING September 14, 2007 Historic County Building Lihu'e, Kauai, Hawaii I. CALL TO ORDER The HSAC Executive CorfF was called to order by President Mel Rapozo at 9:36 a.m. The following micomprised a quorum: County of Kauai: Presiden~;~~~ozo County of Hawaii: Vice PresidentBot}~~~oh~an z- City and County of Honolulu: Secretary Romy M Cain-- County of Maui: Treasurer Joseph Pontariilla Others present: Hawaii Staff Barbara Lively 4 Honolulu Staff Gavin Kennedy ~ ~ ~M Honolulu Staff Andrew Sekine ~ Kauai Staff Cyndi Ayonon "~~3~` 5 h Kauai Staff Jim Itamura Kauai Staff Aida Okasaki ~ ' * ' Kauai Staff Lianne Parongao Maui Staff Gayle Revels II. MINUTES A. The minutes of the August 27, 2007, Executive Committee meeting were approved as circulated. o• OCS/092407/03:59/CT III. REPORTS A. County Reports 1. Maui Coin Report. Treasurer Pontanilla reported that the county planning director is working with the council on an ordinance to regulate transient vacation rentals. The council is also dealing with a challenge on their workforce housing ordinance, and the county, individual council members and the mayor are being sued. In the council's water committee, they are working on a "Show me the Water" bill, a proposal that would require developers to prove that their development has water resources that can be sustained for 20 years. 2. Hawaii Countv Report. Vice President Jacobson reported that the county community development plans in Kona, Kohala, and Puna are moving forward, with Puna likely to put out a draft plan in November. The council also overrode a mayoral veto on affordable housing and new commercial developments. The county will also be hiring a lobbyist at the state level, Also, a zoning pause was approved for Puna until the community development plan is completed. The council is also working on two'Wal-Mart' bills, and the council is working on making sure that any proposal avoids putting the county policy in legal jeopardy. 3. Citv and Countv of Honolulu Report. Secretary Cachola reported on the curbside recycling pilot program starting in Hawaii Kai and Mililani and there is community concerns regarding once-a-week refuse pick-up. The council is looking at affordable housing and is considering multiple proposals, including selling affordable sites, although because of conditions of the housing, HUD may not allow the sales at this time. Atso, the city administration has a consultant for the EIS and preliminary engineering for the transit at a cost of $89 million, with $21 million secured by the congressional delegation from the federal government. Regarding the landfill in Leeward Oahu, the administration is asking for an extension of the lifespan of the landfill, which is scheduled to be closed in 2008. 4. Kauai Countv Report. President Rapozo reported on a transient vacation rental bill currently being considered by the council that would enforce current laws regarding TVR activity on agriculture- zoned land and also in areas outside the visitor destination area. The council is also working on a shoreline certification bill that would require illegal structures to be removed unless public health or safety is at stake. Kauai is currently reviewing affordable housing policy, keeping in mind the legal challenges occurring in 2 Maui. Additionally, the county is facing a crisis regarding the landfill and is attempting a horizontal expansion, but there is no plan for a new landfill. The Superferry issue is also an important issue on Kauai, and President Rapozo expressed a desire for the issue to be resolved through the legal system and stated that there is a misperception that people from Honolulu are not wanted on Kauai, which is not true although there are concerns about exploitation of resources on neighbor islands. B. National Association of Counties (NACo) Report Deferred. C. Western Interstate Region (WIR) Report No report. IV. UNFINISHED BUSINESS A. School Impact Fee Working Group (SIFWG) President Rapozo reported that SIFWG has presented their final report to the legislature and the SIFWG no longer needs to be a continuing agenda item. B. State Identity Theft Task Force President Rapozo reported that the work of the task force is ongoing. Currently the task force is gathering information from the counties on identity theft. President Rapozo emphasized the importance of county administrations to protect personal information. The task force will be submitting a final report to the state legislature before the legislature convenes in 2008. A draft of the report will be made available when task force members receive it. C. 2008 HSAC Legislative Package The 2007 HSAC Legislative Priorities were reviewed by Cyndi Ayonon. Priorities 1 and 2, relating to indemnity and liability of counties, passed in the legislature as Act 152, although one issue must still be addressed and Kauai County is working on that issue. Priority 3, relating to unadjudicated traffic fines, was not passed and will be monitored in the coming session as the bill is still alive. Secretary Cachola suggested that a new strategy be pursued regarding Priority 3, commenting that HSAC should approach the legislature with a 3 more flexible proposal. It was suggested that instead of the bill including a specific percentage of unadjudicated traffic fines go to the counties, that a blank percentage should be included to demonstrate that HSAC is willing to negotiate. Members considered whether Act 152 addressed all the concerns addressed by the proposals in the 2007 HSAC legislative package. It was decided that a new bill on this issue was not necessary as Act 152 was a compromise beiween the state legislators and the counties. Members also discussed the issue concerning Act 152 that creates a task force within the office of the attorney general to examine the effectiveness of providing liability protection to the counties in beach parks and recreation in public lands. The President of HSAC is a designated member of the task force and President Rapozo noted that he had not been contacted yet by the attorney general's office. Members discussed passing a resolution requesting that the attorney general convene the task force versus sending a letter to the attorney general requesting an update on the status of the task force. Secretary Cachola argued that HSAC should pass a resolution urging the attorney general to convene the task force. Members further discussed the composition of the task force and read the act to clarify under what agency or department the task force is designated to be housed. President Rapozo asked Secretary Cachola to draft a resolution to be approved by the county councils and brought back to the HSAC Executive Committee that would urge the attorney general to convene the task force. President Rapozo and Vice President Jacobson stated that in the meantime sending a letter to the attorney general requesting an update on the status of the task force would be a faster course of action. If the letter is not met with an acceptable response, then HSAC would move forward with a resolution. A motion was made to send a letter from the HSAC president to the attorney general requesting an update on the formation of the task force. Secretary Cachola argued that a letter to the attorney general without a resolution of support would not be as effective as a letter including an attached, approved resolution copied to the mayors so that the mayors will know that the support is coming from the councils. Vice President Jacobson argued that the same thing could be done with a letter, however he agreed that both a letter and a resolution would be most effective. President Rapozo reiterated his support for initially sending a letter, with a possible follow-up with a resolution and second letter ff there is no 4 adequate response from the first fetter. Secretary Cachola stated that a phone call to the attorney general may be just as effective and President Rapozo agreed, stating that the intended purpose of the letter was also to provide a paper trail for the counties to argue that they attempted to convene the task force. Secretary Cachola further argued for the passage of a resolution before sending any letters to the attorney general. President Rapozo stated that the formation of the task force is the legal duty of the attorney general and not the counties. As the attorney general is tasked with enforcing the laws of the state, President Rapozo reasoned that it is not the duty of the counties to request designees for the task force from the members appointed in Act 152. Treasurer Pontanilla clarified that the process will be first to send a letter from the HSAC president asking for an update, second to pass a resolution and attached letter urging the formation of the task force and calling on members of the task force to appoint their designees. President Rapozo agreed that this would be the process. He again asked Secretary Cachola for the draft of the resolution and accompanying letter to put on the agenda as quickly as possible. The motion to send a letter from the HSAC president to the attorney general for a status update on the Act 152 task force was carried. Secretary Cachola asked for clarification on what was passed in the motion, arguing that sending only a letter would not be as effective as sending a resolution. The members further discussed the merits of sending a letter versus waiting to pass a resolution. It was determined that any resolution passed on this issue by HSAC would require the consent of the respective county councils. Cyndi Ayonon added that the attorney general and the representatives on the task force are already bound by the law, as specified in Act 152, to form the task force and that a resolution is not necessary since the law has already been passed by the legislature. Any letter to the attorney general would reference the law that is already in existence. Cyndi Ayonon suggested to the committee that the committee prepare two letters, one to the attorney general requesting a status update and another to the mayors requesting they prepare their designee to participate in the task force. President Rapozo brought the issue back to the committee for possible reconsideration. The members decided not to make a motion to reconsider the motion to send the letter and President Rapozo moved the meeting on to the topic of the HSAC 2008 legislative package. Vice President Jacobson stated he will get information and submit drafts for a proposal to allow the state to give surplus funds as loans to counties. The state revolving fund is empty and it may be useful for the counties if the state provides loans for construction funds to the counties using 5 surplus funds. This will help the counties that are falling behind in infrastructure funding. President Rapozo requested Vice President Jacobson to get the information and a possible draft to the committee soon. Treasurer Pontanilla wondered if the state had surplus money and President Rapozo reminded him that the current discussion was not to debate the proposals, but to submit the proposals and information. President Rapozo reminded members that if a proposal doesn't affect every county, it should not be included in the HSAC legislative proposal. Secretary Cachola stated that he would be interested in getting more information on this proposal and on the loans that the state is currently giving to Oahu for sewer maintenance. Treasurer Pontanilla will provide the committee with a draft for a proposal to expand the review period of 45 days to 90 days in the 201 H expedited process for affordable housing. Last year this proposa{ did not go through HSAC, but it was introduced in the legislature and Maui county supported it. Secretary Cachola suggested that environmental groups be consulted on this issue before moving forward. He also questioned why HSAC would want to extend the review process to 90 days. President Rapozo explained that the current 45 days only allows for one public hearing and the councils usually need more time than that in order to conduct a full review. Treasurer Pontanilla explained that Oahu does not have the same problems because most of the developable land has already been taken. In the neighbor islands, the developers are pursuing the expedited process for affordable housing more aggressively. President Rapozo stated that Kauai is looking at privatization issues, light retrofitting at public facilities, and coqui frog eradication funding, however there are no new legislative proposals at this time. He explained that the light retrofitting is because of a federal requirement to protect the shearwater birds at night. Other members were not aware of the issue being major in their counties. President Rapozo asked members to get legislative package materials to him or his staff by October 1 so they may put a formal packet together to be passed out to all members to get council approval. 11:04 - a short recess was called. 11:10 -meeting reconvened. President Rapozo stated that members should aim to vote in their respective councils on the HSAC legislative proposals by the first or second week of October. President Rapozo asked if there were any other legislative package ftems from members. 6 Vice President Jacobson will submit legislation regarding local branding of agricultural products statewide in order to protect the Hawaii branding. He stated that this is needed for macadamia nuts. Secretary Cachola asked if this had already been enacted and Vice President Jacobson said that it had been done for coffee grown in Hawaii county, but not for the entire state. This proposal would improve business for products made in Hawaii that compete with lower quality products made elsewhere. Without help from the state, local branding recognized by the federal government would not be possible. Members agreed that this might be a common issue to move forward with. Secretary Cachola agreed with the general idea, but also advised the committee to be careful what they ask for. If products are given local branding for products grown anywhere in the state they may lose their labeling for specific location or district where they are grown. This could hurt some more localized brands. Vice President Jacobson stated that he has spoken with Kona coffee growers who do not share this concern and support local branding at the state level as would be proposed in this legislation. Vice President Jacobson is looking at the issue of salinity in well water and is considering possible legislative proposals to limit the state department of health's ability to allow mixing higher salinity water with other drinking water. This is a severe problem for people with health problems. Vice President Jacobson is not yet sure how this idea might fit in with HSAC's legislative package. D. Discussion on HSAC holding two (2) conferences per year President Rapozo has found that HSAC conferences are beneficial to all participants and would like to consider holding a second conference. The second conference is permitted in the HSAC bylaws, and President Rapozo suggested that an additional conference to the annual conference could be in workshop format and allow for discussions on issues that affect the counties. He also commented that conferences are important for HSAC fundraising. Vice President Jacobson raised concerns regarding timing and cost. Treasurer Pontanilla suggested that the additional conference be a one day conference. Vice President stated that aside from his concerns, he believes HSAC conferences are beneficial to county council members. 7 Treasurer Pontanilla stated that a workshop conference may be especially beneficial if chairs of specific council committees can share ideas with one another from neighbor islands. V. NEW BUSINESS A. Hawaii Sister-State Commission Secretary Cachola is the chair of the Commission and is reviewing policy in each county in an attempt at a unified policy for the Commission to enact in order to advise the state legislature on approving sister-state, sister-city, and sister-county agreements. Secretary Cachola will report the names and roles of members of the Commission to HSAC at the next meeting. VI. ANNOUNCEMENTS A. Schedule of Upcoming HSAC Meetings 11:37 - a short recess was called. 11:43 -meeting reconvened. The next HSAC Executive Committee meeting is scheduled for 10:00 a.m., October 26, 2007, at Kona Council Conference Room, Kona, Hawaii. B. Other Announcements None. VII. ADJOURNMENT There being no further business, the meeting was adjourned at 11:49 a.m. Very truly yours, ~•j~~'~ R M .CACHOLA Secr ry Hawaii State Association of Counties 8 ~ Hawaii State Association of Counties _ 9 Counties of Kauai, Maui, Hawaii and City and County of Honolulu Y M1~O ~M~ f"~ F ' October 9, 2007 President Mel Rapozo and Members of the Executive Committee Dear President Rapozo: SUBJECT: TREASURER'S REPORT FOR AUGUST AND SEPTEMBER 2007 Attached please find a report of the Association's revenues and expenses for the fiscal periods August 1 through August 31, 2007 and September 1 through September 30, 2007. Sincerely, _ * ~ OSE H PONTANILLA HSAC Treasurer ci i , Attachment : ~--u- ocs:prof:hsac:FY2008:081tr:071008tr:ghr :i: ,w rt r ~ et ~ ` r ~f,~kJ 'y-'.,.. r~?: ~ x~ Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: August 1, 2007 through August 31, 2007 BEGINNING BALANCE 69,834.16 FY 2008 FY 2008 This Period Year to Date Budget REVENUES Membership Fees $0.00 $0.00 $43,680.00 Conference Income $0.00 $0.00 $10,000.00 Interest Income $4.77 $9.63 $100.00 Miscellaneous $0.00 $0.00 $0.00 Fund Balance, prior FY $0.00 $0.00 $3,020.00 Total $4.77 $9.63 $56,800.00 Total Receipts This Period $4.77 EXPENSES Executive Committee Travel $0.00 $0.00 $4,500.00 Auditing Services $0.00 $0.00 $5,000.00 Stationery $0.00 $0.00 $250.00 Miscellaneous $160.00 $160.00 $150.00 Special Committees Travel $0.00 $0.00 $0.00 Miscellaneous $0.00 $0.00 $0.00 NACo Travel $0.00 $0.00 $9,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $26,300.00 Miscellaneous $0.00 $0.00 $1,000.00 WIR Travel $1,000.00 $1,000.00 $6,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $3,100.00 Miscellaneous $69.71 $69.71 $1,000.00 Conferences Miscellaneous $0.00 $0.00 $0.00 Total $1,229.71 $1,229.71 $56,800.00 Total Expenses This Period $1,229.71 ENDING BALANCE 68,609.22 ocs:proj:hsac:FY 2008:08tr:0708tr:ghr Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: September 1, 2007 through September 30, 2007 BEGINNING BALANCE 68,609.22 FY 2008 FY 2008 This Period Year to Date Budget REVENUES Membership Fees $0.00 $0.00 $43,680.00 Conference Income $0.00 $0.00 $10,000.00 Interest Income $4.55 $9.41 $100.00 Miscellaneous $0.00 $0.00 $0.00 Fund Balance, prior FY $0.00 $0.00 $3,020.00 Total $4.55 $9.41 $56,800.00 Total Receipts This Period $4.55 EXPENSES Executive Committee Travel $284.70 $284.70 $4,500.00 Auditing Services $0.00 $0.00 $5,000.00 Stationery $0.00 $0.00 $250.00 Miscellaneous $0.00 $160.00 $150.00 Special Committees Travel $0.00 $0.00 $0.00 Miscellaneous $0.00 $0.00 $0.00 NACo Travel $0.00 $0.00 $9,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $26,300.00 Miscellaneous $0.00 $0.00 $1,000.00 WIR Travel $0.00 $1,000.00 $6,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $3,100.00 Miscellaneous $0.00 $69.71 $1,000.00 Conferences Miscellaneous $0.00 $0.00 $0.00 Total $284.70 $1,514.41 $56,800.00 Total Expenses This Period $284.70 ENDING BALANCE 68,329.07 ocs:proj:hsac:FY 2008:08tr:0709tr:ghr "w.w,~ Hawaii State Association of Counties _ a • Counties of Kauai, Maui, Hawaii and City and County of Honolulu v September 20, 2007 Mark J. Bennett, Attorney General State of Hawaii 425 Queen Street Honolulu, Hawaii 96813 Dear Mr. Bennett: Subject: Act 152 (SB 1603, SD2,HD2, CD1) Relating to Liability and the Establishment of a Task Force within the Department of the Attorney General On behalf of the Hawaii State Association of Counties (HSAC) this is to express its strong support and interest in Act 152, which was approved by the 2007 Hawaii State Legislature and signed by the Governor on June 7, 2007. This measure extends the sunset provision for limited liability protection on recreational areas and public beach parka until the year 2010. Act 152 also establishes a task force within the Department of the Attorney General to examine the effectiveness of providing lifeguards conditional liability protection for services at state beach parks, except for gross negligence and wanton acts or omissions. Since your office has been designated as the Chair of the task force, I am writing to inquire on the status of the formation of this body. I would like to urge you to contact those that have been identified to serve on the task force, including the mayors or their designees and the others, so that we can commence our discussions on this very important issue. I look forward to your response on this matter. Sincerely, MEL RAPOZO HSAC President Attachment cc: Governor Linda Lingle Mayor Harry Kim, County of Hawaii Mayor Charmaine Tavares, County of Maui Mayor Mufi Hannemann, City & County of Honolulu Mayor Bryan J. Baptiste, County of Kauai Council Chair Pete Hoffmann, County of Hawaii Council Chair G. Riki Hokama, County of Maui Council Chair Barbara Marshall, City & County of Honolulu Council Chair Bill "Kaipo" Asing, County of Kauai HSAC Executive Committee Members & Staff ~,,,.,,ww k CA/ds.hsac2007-543 a9 Hawaii State Legislature Bill Status SB1603 SD2 HD2 CD1 C~ Generated on 8/13/2007 4:07:19 PM Measure Title: RELATING TO LIABILITY. Report Title: Government Liability Description: Extends certain automatic repeal dates of provisions that provide state and county governments liability protection for public use of certain state or county recreational areas; extends the statute of limitation for actions against a county for damage or injury. Allows the State to indemnify counties when a state agency uses county facilities or avails itself of county aid or support. (CD1) Package: None Companion: Introducers: HANABUSA (BR) Current Referral: WLH, JiJD Date Status Text 1/22/2007 S Introduced. 1/24/2007 S Passed First Reading. 1/30/2007 S Referred to WAH/IGM, JDL. 2/5/2007 S The committee(s) on WAH/IGM has scheduled a public hearing on 02-07-07 at 3:30 pm in conference room 414. 2/7/2007 S The committee(s) on WAH/IGM deferred the measure unti102-12-07 at 1:15 pm m conference room 229. The committee(s) on WAH recommend(s) that the measure be PASSED, WITH 2/12/2007 S AMENDMENTS. The votes in WAH were as follows: 3 Aye(s): Senator(s) Kokubun, Tokuda, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Fulnmaga, Hee. The committee(s) on IGM recommend(s) that the measure be PASSED, WITH 2/12/2007 S AMENDMENTS. The votes in IGM were as follows: 2 Aye(s): Senator(s) Inouye, Tsutsui; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Hemmings. 2/15/2007 S Reported from WAH/IGM (Stand. Com. Rep. No. 420) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDL. 2/15/2007 S Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. 2/21/2007 S The committee(s) on 7DL has scheduled a public hearing on 02-24-07 at 10:30 am in conference room 229. 2724/2007 S The committee on JDL deferred the measure. 2/26/2007 S The committee(s) on JDL will hold a public decision making on 02-28-07 at 10:30 am in conference room 229. The committee(s) on JDL recommend(s) that the measure be PASSED, WITH 2/28/2007 S AMENDMENTS. The votes in 7DL were as follows: 5 Aye(s): Senator(s) Hee, Kolmbun, Inouye, Nishihara, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. 3/2/2007 S Reported from JDL (Stand. Com. Rep. No. 979) with recommendation of passage on Third Reading, as amended (SD 2). 3/2/2007 S 48 Hrs. Notice 03-06-07. 3/6/2007 S Passed Third Reading, as amended (SD 2). Ayes, 25; Ayes} with reservations: none .Noes, 0 (none). Excused, 0 (none). Transmitted to House. 3(6(2007 H Received from Senate (Sen. Com. No. 340) in amended form (SD 2). 3/8/2007 H Pass First Reading 3!9!2007 H Referred to WLH, ND, referral sheet 32 3/14/2007 H Bill scheduled to be heard by WLH on Monday, 03-19-07 at 9:00 am in House conference room 312. The committees on WLH recommend that the measure be PASSED, WITH 3119{2007 H AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ito, Chong, Carroll, Magaoay, Morita, Sagum, Saiki; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Thielen. Reported from the committee on WLH (Stand. Com. Rep. No. 1446) as amended 3/22/2007 H in (HD 1), recommending passage on Second Reading and referral to the committee on JUD. 3/23/2007 H Passed Second Reading as amended in (HD 1) and referred to the committee(s) on JLJD with none voting no (0) and Takamine, Thielen excused (2). 3/28/2007 H Bill scheduled to be heard by JUD on Friday, 03-30-07 at 2:00 pm in House conference room 325. 3/30/2007 H The committee(s) recommends that the measure be deferred. 3/30/2007 H Bill scheduled for decision making on Tuesday, 04-03-07 at 2:00 pm in conference room 325. The committees on JUD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 16 Ayes: Representative(s) Waters, 4/3/2007 H B. Oshiro, Caldwell, Green, Ito, Luke, McKelvey, Morita, Sonson, Souki, Tsuji, Yamane, Yamashita, Marumoto, Thielen; Ayes with reservations: Representative (s) Evans; 0 Noes: none; and 1 Excused: Representative(s) Pine. 4/5!2007 H Reported from the committee on ND (Stand. Com. Rep. No. 1902) as amended m (HD 2), recommending passage on Third Reading. 4/5/2007 H Forty-eight (48) hours notice Tuesday, 04-10-07. 4/10/2007 H Passed Third Reading as amended in (HD 2) with none voting no (0) and none excused (0). Transmitted to Senate. 4/12/2007 S Received from House (Hse. Com. No. 649). 4/12/2007 S Senate disagrees with House amendments. 4/12/2007 H Received notice of disagreement (Sen. Com. No. 745). 4/1312007 S Senate Conferees appointed: Kokubun, Chair; Inouye, Hee, Co-Chairs; Hooser, Slom. 4/13/2007 H Received notice of Senate conferees (Sen. Com. No. 823). 4/16/2007 H House conferees appointed: Ito, Waters Co-Chairs; Thielen. 4/17/2007 S Received notice of appointment of House conferees (Hse. Com. No. 785). 4/19/2007 S Conference committee meeting scheduled for 04-20-07 at 1:30 pm in conference room 414. 4/20/2007 S Conference committee meeting to reconvene on 04-23-07 at 4:00 pm in ' conference room 414. 4/23/2007 S Conference committee meeting to reconvene on 04-24-07 at 4:00 pm in conference room 414. 4/24/2007 H Conference Committee Meeting will reconvene on Wednesday 04-25-07 at 5:00 pm in conference room 414. 4/25/2007 H Conference Committee Meeting will reconvene on Thursday 04-26-07 at 4:00 pm in conference room 414. The Conference Committee recommends that the measure be Passed, with 4/26/2007 H Amendments.The votes were as follows: 3 Ayes: Representative(s) Ito, Waters, Thielen; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. The Conference committee recommends that the measure be PASSED, WITH 4/26/2007 S `4MENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Kokubun, Inouye, Hooser; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Hee, Slom. 4/26/2007 S RS ported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 4/26/2007 S 48 Hrs. Notice (as amended CD 1) OS-O1-07. 4/26/2007 H Reported from Conference Committee (Conf Com. Rep. No. 35) as amended in (CD 1). 4/27/2007 HForty-eight (48) hours notice Tuesday, OS-Ol-07. 5/1/2007 S Passed Final Reading, as amended (CD 1). 25 Aye(s); Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. 5/1/2007 H Passed Final Reading as amended in (CD 1) with none voting no (0) and Representative(s) Cabanilla, Karamatsu, Nakasone excused (3). 5/1/2007 H Received notice of Final Reading (Sen. Com. No. 889). 5/3/2007 S Received notice of passage on Final Reading in House (Hse. Com. No. 856). 5/4/2007 S Enrolled to Governor. 6/7/2007 H Act 152, on 6/7/2007 (Gov. Msg. No. 488). 6/7/2007 S Act 152, 6/7/2007 (Gov. Msg. No. 910). $ =Appropriation measure ConAm =Constitutional Amendment Please read our Disclaimer Statement. Some of the above items require Adobe Acrobat Reader. Please visit Adobe's download naQe for detailed instructions. Report Title: Government Liability Description: Extends certain automatic repeal dates of provisions that provide state and county governments liability protection for public use of certain state or county recreational areas; extends the statute of limitation for actions against a county for damage or injury. Allows the State to indemnify counties when a state agency uses county facilities or avails itself of county aid or support. (CD1) THE SENATE ~ . ~ . A ' O . 1603 TWENTY-FOURTH LEGISLATURE, 2007 I V S.D. 2 STATE OF HAWAII H.D. 2 C. D. 1 A BILL FOR AN ACT RELATING TO LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that the limitations on state and county liability have proven to be beneficial to the state and county governments, as well as the public. The liability protections have reduced the exposure of the state and county governments to substantial damages and, as a result, have allowed the state and county governments to keep recreational areas and public beach parks with potentially dangerous conditions open to the public. The legislature further finds that state and county compliance with the statutorily required public warning of dangerous conditions at recreational areas and public beach parks has contributed to an improvement in public safety in these areas, which justifies making the current liability exemptions for state and county governments relating to recreational areas and public beach parks and actions of county lifeguards permanent or extending their protections. The legislature also finds that it is necessary to conform the statute of limitations for claims for damage and injury against the counties with the limitations period applicable to the State and private individuals generally to ensure fair and consistent application of the law. PART I SECTION 2. The purpose of part I of this Act is to make permanent or to extend certain liability protections for state and county governments. SECTION 3. Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, as amended by Act 170, Session Laws of Hawaii 2002, is amended by amending section 7 to read as follows: "SECTION 7. This Act shall take effect on July 1, 1996[• SECTION 4. Act 170, Session Laws of Hawaii 2002, is amended by amending section 5 to read as follows: "SECTION 5. This Act shall take effect upon its approval; provided that section 1 of this Act shall be repealed on June 30, 2010." SECTION 5. Act 82, Session Laws of Hawaii 2003, is amended by amending section 8 to read as follows: "SECTION 8. This Act shall take affect on July 1, 2003, and shall be repealed on June 30, [389~..j 2010." SECTION 6. (a) There shall be established a task force within the department of the attorney general to examine the effectiveness of, collect sufficient data relating to, and provide to the legislature information on Act 190, Session Laws of Hawaii 1996, as amended; Act 170, Session Laws of Hawaii 2002; and Act 82, Session Laws of Hawaii 2003. (b) The task force shall include members as follows: (1) The attorney general or the attorney general's designee as chair of the task force; (2) The president of the Hawaii state association of counties or the president's designee; (3) The mayor of the city and county of Honolulu or the mayor's designee; (4) The mayor of the county of Maui or the mayor's designee; (5) The mayor of the county of Hawaii or the mayor's designee; (6) The mayor of the county of Kauai or the mayor's designee; and (7) The executive director of the Consumer Lawyers of Hawaii or the executive director's designee. (c) The task force shall: (1) Collect data on and examine the effectiveness of providing lifeguards conditional liability protection for lifeguard services at state beach parks, except for gross negligence and wanton acts or omissions; (2) Collect data on and examine the effectiveness and adequacy of warning signs at public beach parks in increasing public safety, reducing ocean-related accidents, and protecting the State and counties from unlimited liability with regard to activities in the ocean and at public beaches; and (3) Collect data on and examine the effectiveness and adequacy of warning signs at public recreational lands in increasing public safety, and protecting the State and counties from unlimited liability arising out of recreational activities on public lands. (d) The task force shall submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2009 regular session. PART II SECTION 7. The purpose of part II of this Act is to conform the statute of limitations for injuries or damages involving counties with the limitations applicable generally to the State and private citizens. SECTION 8. Section 46-72, Hawaii Revised Statutes, is amended to read as follows: "~46-72 Liability for injuries or damages; notice Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of any official or employee of the county, the person [se] injured, or the owner or person entitled to the possession, occupation, or use of the property [ss] injured, or someone [tea] on the person's behalf, [a~a~-1-r] within two years after the injuries [~r^ r ] accrued shall give the individual identified in the respective county's charter or if none is specified the chairperson of the council of the county or the [sib}] clerk of the county in which the injuries occurred, notice in writing of the injuries and the specific damages resulting, stating fully when, where, and how the injuries or damage occurred, the extent [ter] of the injuries or damages, and the amount claimed PART III SECTION 9. The purpose of part III of this Act is to authorize the State to indemnify the counties, under certain circumstances. SECTION 10. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§46- Indemnification of county agencies. (a) To receive county aid assistance, support, benefits services and interests in or rights to use county property, a state agency maV agree in writing to an indemnity Provision by which the State agrees to indemnify, defend and hold harmless a county agency its officers, agents, and employees when: (1) The governor approves the State's proposed indemnification; and (2) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the State to obtain insurance. (b) An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity." SECTION 11. Section 41D-8.5, Hawaii Revised Statutes, is amended to read as follows: "§41D-8.5 Insurance for indemnification. The comptroller may: (1) Obtain sufficient loss insurance to cover the liability of the State that may arise from indemnity provisions agreed to pursuant to section 29-15.5; (2) Obtain sufficient loss insurance to indemnify defend and hold harmless a county providing assistance, services, rights, or permission to use county property to a state agency under an indemnity agreement provision Pursuant to section 46- and Obtain appropriate and sufficient reinsurance to cover the liability of a captive insurance company established pursuant to section 41D-2." PART IV SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date. SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 14. This Act shall take effect upon its approval; provided that sections 2, 3 and 9 of this Act shall take effect June 29, 2007. JHSY OF v0 G ROY T. HIRAGA JEFFREY T. KUWADA County Clerk ` ~ ~ Deputy County Clerk tgTF OF HP~' OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, HAWAII 96793 October 8, 2007 Honorable Mel Rapozo, President Hawaii State Association of Counties Executive Committee c/o County of Kauai 4396 Rice Street, Suite 206 Lihue, Hawaii 96766 Dear Sir: Please be informed that the Council of the County of Maui, at its meeting of October 5, 2007, approved the following for inclusion in the 2008 Hawaii State Association of Counties Legislative Package: 1. A proposed bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT" and justification sheet; 2. A proposed bill entitled "A BILL FOR AN ACT RELATING TO GRAY WATER" and justification sheet; and 3. A proposed bill entitled "A BILL FOR AN ACT RELATING TO HOUSING" and justification sheet. Resp cffully, JEF REY T. KUWADA Deputy County Clerk /ffp cc: Chair, Policy Committee Council Chair Hokama Councilmember Baisa Councilmember Pontanilla JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PROCUREMENT PURPOSE: To remove the requirement for local governments to comply with rules adopted by the policy board and to place the decision-making power to use cooperative contracts within the discretion of local governments. ~ SANS; Amends §103D-802, Hawaii Revised Statutes (HRS), by deleting language pertaining to rules adopted by the policy boazd. JUSTIFICATION: §103D-201 and §103D-202, HRS, establish a procurement policy boazd with the authority to adopt rules consistent with Chapter 103D. Chapter 103D is based on the Model Procurement Code. All states have adopted a version of the Model Procurement Code. Most states that allow cooperative purchasing do not have policy boards restricting a government's ability to participate in cooperative contracts. Currently, local governments in the State of Hawaii are limited by the Hawaii Administrative Rules set by the policy board to choose whether to use cooperative contracts. This is true even if the cooperative contracts went through a competitive selection process similaz to the laws and rules of the State of Hawaii. Consequently, local governments may not be able to enter into a cooperative contract that is the most cost-effective choice for itself or for its taxpayers. Local governments are in the best position to assess their own needs and the needs of the people they serve. Therefore, local governments aze also in the best position to make competent decisions as to whether to use a cooperative contract. The amendment would merely provide local governments with another option when deciding whether to enter into a cooperative contract. There may be contracts, other than the cooperative contract, that have gone through Hawaii's procurement process and are still more cost efficient for local governments. The amendment gives local governments another choice. paf:kmh:07-239b ~ i r ~:B.~NO. A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 103D-802, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "$103D-802 Cooperative purchasing authorized. A public 4 procurement unit may either participate in, sponsor, conduct, or 5 administer a cooperative purchasing agreement for the 6 procurement of goods, services, or construction with one or more 7 public procurement units, external procurement units, or 8 nonprofit private procurement units pursuant to ~a~~`"a 9 ] an agreement entered into between the 10 participants. The cooperative purchasing may include, but shall 11 not be limited to, joint or multi-party contracts between public 12 procurement units, and state public procurement unit 13 requirements contracts which are made available to local public 14 procurement units. Cooperative purchasing agreements may be 15 exempt from preferences pursuant to part X. 16 SECTION 2. Statutory material to be deleted is bracketed 17 and in strikethrough. 18 SECTION 3. This Act shall take effect upon its approval. 07-239a.dce ~y Page 2 .B. NO. 2 INTRODUCED BY: , 3 07-239a.doc :r JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GRAY WATER PURPOSE: To allow use of gray water for landscape irrigation. MEANS: Amends the State Water Code (Chapter 174C, Hawaii Revised Statutes) to allow use of gray water for landscape irrigation. JUSTIFICATION: The use of gray water for landscape irrigation promotes water conservation by lessening the need to use potable water. _ Gray water is untreated household wastewater that has not come in contact with toilet waste (black water). Primarily, gray water includes wastewater from bathtubs, showers, bathroom sinks, and clothes washing machines. This legislation is modeled after New Mexico's HB 114 (2003), which has been successfully implemented. paf:d„v:07-245b -:B. NO. A BILL FOR AN ACT RELATING TO GRAY WATER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAH: 1 I SECTION 1. Section 174C-3, Hawaii Revised Statutes, is Z amended to add the following definition: 3 ""Gray water" means untreated household wastewater that has 4 not come in contact with toilet waste and includes wastewater 5 from bathtubs, showers, washbasins, clothes washing machines and 6 laundry tubs, but does not include wastewater from kitchen sinks 7 or dishwashers or laundry water from the washing of material 8 soiled with human excreta, such as diapers." 9 SECTION 2. Chapter 174 C, Hawaii Revised Statutes, is 10 amended to add a new section to be appropriately designated and 11 read as follows: 12 "§174C-_ Gray water. A. The commission, other state 13 agencies, and county agencies shall not prohibit the use of less 14 than two hundred fifty gallons per day of private residential 15 gray water originating from a residence for the resident's 16 household gardening, composting or landscape irrigation if: 17 (1) a constructed gray water distribution system lg provides for overflow into the sewer system or on-site 07-245a.doc .t Page 2 .B. NO. . 1 wastewater treatment and disposal system; 2 (2) a gray water storage tank is covered to restrict 3 access and to eliminate habitat for mosquitoes or other 4 vectors; 5 (3) a gray water system is sited outside of a floodway; 6 (4) gray water is vertically separated at least five 7 feet above the groundwater table; 8 (5) gray water pressure piping is clearly identified as 9 a nonpotable water conduit; 10 (b) gray water is used on the site where it is generated 11 and does not run off the property lines; 12 (7) gray water is applied in a manner that minimizes the 13 potential for contact with people or domestic pets; 14 (8) ponding is prohibited, application of gray water is IS managed to minimize standing water on the surface and to 16 ensure that the Hydraulic capacity of the soil is not 17 exceeded; 18 (9) gray water is not sprayed; and 19 (10) gray water is not discharged to a watercourse. 20 B. The commission and the respective county water 27 authorities may enact policies to encourage the use of gray 22 water consistent with this section." 23 24 SECTION 3. This Act shall take effect upon its approval. 25 07-245a.doc Page3 w'O. 1 INTRODUCED BY: 2 07-245a.doc . e JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO HOUSING PURPOSE: Extends the forty-five day window for a legislative body to ' approve, approve with modification, or disapprove an affordable housing project under Section 201H-38, Hawaii Revised Statues, to ninety days. MEANS: Amends Section 201H-38, Hawaii Revised Statues. JUSTIFICATION: With the authority granted to the county councils by Act 249 "~~100Tj to m6dify affarnable liousi;lg yrojects, extenduig the " - - councils' review period to ninety days will produce projects that aze better suited to the counties' respective needs while still providing an expedited process. The 45-day deadline is inadequate for a responsible review of a project, partly because a significant amount of time is consumed by the notice requirements under Chapter 92, HRS, for scheduling Council and committee meetings. Passage of this measure would reflect the Legislature's recognition of the scheduling and other limitations imposed on the councils by the Sunshine Law. This measure only addresses the councils' role in the approval process, which historically has not been the source of delays and increased costs for good affordable housing projects. pafghr:07-2416 - :B. NO. A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 ' SECTION 1. The forty-five day window for a lE''y'Fa'~a~.iVe^' i+]Ody at^.,p?-OVe, c°_r^nrOVE V:l t:~ medifi~a*_1='!~ 1r 3 disapprove an affordable housing project is too short to have a 4 meaningful. discussion of the project. Allowing ninety days will 5 provide an expedited review while allowing the legislative body 6 to do its due diligence in evaluating a project. 7 SECTION 2. Section 201H-38, Hawaii Revised Statutes, is 8 amended by amending subsection (a) to read as follows: 9 "(a) The corporation may develop on behalf of the State or 10 with an eligible developer, or may assist under a government 11 assistance program in the development of, housing projects that 12 shall be exempt from all statutes, ordinances, charter 13 provisions, and rules of any government agency relating to 14 planning, zoning, construction standards for subdivisions, 15 development and improvement of land, and the construction of 16 dwelling units thereon; provided that: 07-241a.doc ~ Page 2 , ~ . w' O . 1 (1) The corporation finds the housing project is Z consistent with the purpose and intent of this 3 chapter, and meets minimum requirements of health and q safety; g (2) The development of the proposed housing project does 6 not contravene any safety standards, tariffs, or rates q and fees approved by the public utilities commission g for public utilities or of the various boards of water 9 supply authorized under chapter 54; to (3) The legislative body of the county in which the 11 housing project is to be situated shall have approved 12 the project with or without modifications: 13 (A) The legislative body shall approve, approve with lq modification, or disapprove the project by 15 resolution within ~'-"e] ninety days after 16 the corporation has submitted the preliminary 17 plans and specifications for the project to the ig legislative body. If on the ='"`-`'l 19 ninety-first day a project is not disapproved, it Zp shall be deemed approved by the legislative body; 21 (B) No action shall be prosecuted or maintained Y2 against any county, its officials, or employees Y3 on account of actions taken by them in reviewing, 07-241a.doc i Page3 NO. 1 approving, modifying, or disapproving the plans 2 and specifications; and 3 (C) The final plans and specifications for the 4 project shall be deemed approved by the g legislative body if the final plans and 6 specifications do not substantially deviate from _ the preliminary plansr a*+d snecifi,ca*.ione. The.. g final plans and specifications for the project 9 shall constitute the zoning, building,. 10 construction, and subdivision standards for that 1] project. For purposes of sections 501-85 and 12 502-17, the executive director of the corporation 13 or the responsible county official may certify 14 maps and plans of lands connected with the 15 project as having complied with applicable laws 16 and ordinances relating to consolidation and 1~ subdivision of lands, and the maps and plans lg shall be accepted for registration or recordation 19 by the land court and registrar; and 20 (4) The land use commission shall approve, approve with 21 modification, or disapprove a boundary change within 22 forty-five days after the corporation has submitted a 23 petition to the commission as provided in section 07-241a.doc 3 Page4 NO. ~ , 1 205-4. If on the forty-sixth day the petition is not 2 disapproved, it shall be deemed approved by the 3 Commission." 4 SECTION 3. Statutory material to be deleted is bracketed 5 and in strikethrough. New statutory material is underscored. 6 ' SECTION 4. Thia Act shall take effect upon its approval. 7 g INTRODUCED BY: 07-241a.doc r Hawai`i State Association of Counties _ ~9 . N Counties of Kauai, Maui, Hawaii and City and County of Honolulu p MEMORANDUM October 9, 2007 To: HSAC Executive Committee Members From: Mel Rapo'to, HSAC President Subject: Proposals for Inclusion in the 2008 HSAC Legislative Package The following eleven proposals have been introduced by the individual Councils and are transmitted for your consideration and action for inclusion as part of the 2008 Hawaii State Association of Counties (HSAC) Legislative Package. The HSAC Legislative Package will only include measures that receive approval from all the four (4) Councils. Your attention to this matter by the next HSAC Executive Committee Meeting which is scheduled for October 26, 2007 is greatly appreciated. A. HAWAII COUNTY COUNCIL (Annroved on October 3, 20071: 1. A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING This bill addresses the issues of product labeling and establishes a minimal percentage of "other" than local grown products in advertising standards. 2. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCTS This bill provides for enforcing the Federal COOL Act and in protecting our 100% locally grown agricultural products, including honey, macadamia nuts, and coffee. 3. A BILL FOR AN ACT RELATING TO INVASIVE SPECIES This bill provides funding for combating invasive species on all islands. The counties must have financial support to implement programs they have identified and prioritized. 4. A BILL FOR AN ACT RELATING TO COUNTIES, ESTABLISHING A PERMANENT FUND FOR LOW INTEREST LOANS TO COUNTIES This bill allows the counties to be able to access funding for Capital Improvement Projects. The State has a fund balance at the end of every fiscal year that should be used in part to establish and fund a special fund for counties to apply for low interest loans. The current process of requesting funds from the State Revolving Fund is inadequate to deal with the amount of unfunded mandates the counties have been and will continue to inherit from the State. This fund will assist counties P y Memorandum October 9, 2007 Page 2 to secure funds for projects, receive funds for shortfalls, and receive funds for emergency projects. B. KAUAI COUNTY COUNCIL (Approved on October 4, 2007) 5. A BILL FOR AN ACT RELATING TO GOVERNMENT This bill removes the statutory limits on the ability of the counties of Hawaii, Maui, and Kauai to privatize under Section 76-77, Hawaii Revised Statutes. Act 191, SLH 2007, allows these counties to contract for personnel services with private persons or entities, but limits those contracts to no more than one year and less than $750,000. 6. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY This bill provides counties with protection from liability as a result of natural conditions on or near public beach parks and amends Act 82, SLH 2003, to remove the exclusion of public beach parks. 7. A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS This bill deletes a portion of Section 205-49(a)(3), Hawaii Revised Statutes, which removes large tracts of agricultural lands from consideration for designation as "Important Agricultural Lands" (IAL) based on a criteria that has no rational basis to the suitability of the land for agriculture. C. MAUI COUNTY COUNCIL (Approved on October 5, 2007): 8. A BILL FOR AN ACT RELATING TO HOUSING This bill extends the forty-five day window for a legislative body to approve, approve with modification, or disapprove an affordable housing project under Section 201H-38, Hawaii Revised Statutes, to ninety days. 9. A BILL FOR AN ACT RELATING TO PROCUREMENT This bill removes the requirement for local governments to comply with rules adopted by the policy board and to place the decision-making power to use cooperative contracts within the discretion of local governments. 10. A BILL FOR AN ACT RELATING TO GRAY WATER This bill allows the use of gray water for landscape irrigation and amends the State Water Code, Chapter 174C, Hawaii Revised Statutes. 4 , Memorandum October 9, 2007 Page 3 D. CITY & COUNTY OF HONOLULU (Action set for October 17, 2007): 11. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS This bill requires the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred by creating a new chapter, 291F, Hawaii Revised Statutes, entitled "Transmittal of Uncontested Traffic Fines and Forfeitures to Counties," and amending Section 291C-171(a), Hawaii Revised Statutes. CA/ds.hsac2007-552 Attachments cc: October 26, 2007 HSAC Executive Committee Meeting hsac OS leg proposals OF N,~ B~B ,TACQBSQN 333 Kilauea Avenue, Second Floor Councilmember Ben Franklin Building, Hilo, Hawaii 96720 Chair Environmental Mana ement Committee ~ Mailing Address: 25 Aupuni Street, Sui[e 200 8 Fi+i;~•oF•N;w~ Phone: (808) 961-8263 Vice-Cltair, Finance Committee Fax: (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i September 20, 2007 Mel Rapozo, Chair Hawaii State Association of Counties Honolulu, Hawaii Re: Rationale for proposed legislation for HSAC legislative priorities package Aloha Mel, Attached for your review is proposed legislation for inclusion in the HSAC Legislative Priorities package. This legislation is important because it will address the issues of product labeling and establishing minimal percentages of "other" than local grown products in advertising standards. Mahalo, District 6 ~ Upper Puna, Xa `fi, and South Kona Hawaii County Is An Equal Opportunity Provider And Employer .B. NO. A B{LL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. All products made and packaged in Hawaii shall 2 conform with the following: 3 Require that honey, macadamia nuts, coffee, and vanilla 4 products that have any information or name indicating "Hawai`i" 5 or a region of Hawaii be identified on the front label with 6 the country of origin and percentage of each country's portion 7 of that product in letters equal in size to the .largest font on 8 the label. 9 l0 Establish a minimum of 100% Hawaii-grown product for a 11 label to say "1000 Hawaii-Grown (product)", "Hawaii-Grown 12 (product)", "1000 Hawaiian (product)", or "Hawaiian (product)", 13 "1000 Hawaii-Made (product)", "Hawai`i-Made (product)", or 14 "Hawaiian-Made". [Spices added to a product should be exem ted 15 unless spice is the major portion of the product.] 16 17 SECTION 2. All local product packaging and labeling shall 18 reflect the following: 19 20 Increase the minimum percentage of Kona-grown coffee from 21 loo to 75% for any coffee blend using the label, "Kona Coffee 22 Blend," and require the front label to reflect the country of 23 origin for remainder of the coffee blend in letters as large as 24 the largest font for any other information or company name. 25 26 SECTION 3. Statutory material to be repealed is bracketed 27 and stricken. New statutory material is underscored. 28 29 SECTION 4. This Act shall take effect upon its approval. 30 31 INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PRODUCT LABELING PURPOSE: The purpose of this bill is to establish a process by which products are identified by region and/or country of origin and all percentages contained be prominently displayed on the front label of all packaging material. To require a minimum of 100% of a Hawaiian Grown product for packaging to advertise as 100% Hawaiian. To increase the minimum percentage of Kona grown coffee from 10% to 75% for any coffee blend using the "Kona Coffee Blend" label. MEANS: Create new section in Hawaii Revised Statute: 148-4 JUSTIFICATION: There is currently no direction from the Hawaii Revised Statute for the treatment of product labeling. In the interest of protecting local industry and locally grown products there must be a consistent method of identifying geographic origin and percentages of "other" than local products used as additives. If you were to purchase a box of macadamia nuts from a store today there is no way to know if all the nuts and chocolate were grown here or elsewhere. Similarly with coffee, there is currently now way of knowing if 100% of the coffee in a bag marked "100 Kona Coffee" is from here or not or even grown in the "Kona" region. This legislation is an important step in protecting locally grown, processed, and packaged niche market products in the state of Hawaii. "t BOB JACOBSON 333 Kilauea Avenue, Second Floor Councilmember Ben Franklin Building, Hilo, Hawaii 96720 Chair Environmental Mana ement Committee ~ Mailing Address: 25 Aupuni Street, Sui[e 200 g Phone: (808) 961-8263 Vice-Chair, Finance Committee ~`~01~"~ Fax: (808)961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i September 20, 2007 Mel Rapozo, Chair Hawaii State Association of Counties Honolulu, Hawaii Re: Rationale for proposed legislation for HSAC legislative priorities package Aloha Mel, Attached for your review is proposed legislation for inclusion in the HSAC Legislative Priorities package. This legislation is important for enforcing the Federal COOL Act and in protecting our 100 °/n locally grown agricultural products including honey, macadamia nuts and coffee. Mahalo, District 6 ~ Upper Puna, Xa `u, and South Konn Hawai `i County Is An Equai Opportunity Provider And Employer .B. NO. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCTS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. There shall be established a program for 2 inspection, enforcement and true disclosure in packaging and 3 labeling of agricultural products to include front package 4 labeling of Countries of Origin of all percentages of non 5 Hawaiian produce. 6 SECTION 2. There shall be front label packaging of 1000 7 Hawaiian Honey, Macadamia Nuts and Coffee as described under the 8 Federal COOL Act. 9 SECTION 3. Statutory material to be repealed is bracketed 10 and stricken. New statutory material is underscored. 11 SECTION 4. This Act shall take effect upon its approval. 12 13 14 INTRODUCED BX: 1-Rehiring retirees JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GOVERNMENT PURPOSE: The purpose of this bill is to implement and monitor the Federal COOL Act in order to protect our local farmers and their niche market products. MEANS: Create sub section (a) under Section 148-4 JUSTIFICATION: COOL legislation or County of Origin Legislation is necessary to protect local products, regions and techniques from being unduly exploited. Without this important legislation anyone can claim to grow and sell something represented as Kona Coffee, anywhere in the world. Inferior coffee beans can be blended with bona-fide Kona coffee beans and packaged and sold as 100% Kona Coffee! This legislation mandates disclosure of the country of origin for all the beans used in the package, on the front of the package. MTV OF BOB JACOBSON ~ 333 Kilauea Avenue, Second Floor Councilmember Ben Franklin Building, Hilo, Hawaii 96720 C{tair Environnaeutal Mana enaent Committee ~ Mailing Address: 25 Aupuni Street, Suite 200 g 'i•ud.Nk~'~ Phone: (808) 961-8263 Vice-Cltair, Finance Committee Fax: (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i September 20, 2007 Mel Rapozo, Chair Hawai i State Association of Counties Honolulu, Hawaii Re: Rationale for proposed legislation for HSAC legislative priorities package Aloha Mel, Attached for your review is proposed legislation for inclusion in the HSAC Legislative Priorities package. This legislation is important for Counties in combating invasive species on all islands. The Counties must have financial support to implement programs they have identified and prioritized. Mahalo, District 6 ~ Upper Puna, Ka `G, and South Kona Hawai `i County Is An Equal Opportunity Provider And Employer .B. NO. A BILL FOR AN ACT RELATING TO INVASIVE SPECIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. There shall be established a Special Fund to 2 combat invasive species on all islands. 3 SECTION 2. There shall be established a streamlined method 4 of applying for invasive species funds including assessments for 5 prioritizing needs. 6 SECTION 3. Statutory material to be repealed is bracketed 7 and stricken. New statutory material is underscored. 8 SECTION 4. This Act shall take effect upon its approval. 9 10 INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO COUNTIES PURPOSE: The purpose of this bill to establish a special fund for counties to access to combat invasive species and also to establish protocols for funding applications and methods for prioritizing needs. MEANS: Create new sub-section: HRS 141-3.7 JUSTIFICATION: As counties identify invasive species and methods for dealing with them, funding should be available to them in a reliable and consistent manner. Although counties may deal with some of the same "pests" or invasive species, they may develop and implement different and unique eradication programs. Funds should be available for all counties programs. l ' N~4 BOB JACOBSON 333 Kilauea Avenue, Second Floor Ben Franklin Building, Hilo, Hawaii 96720 Councilmember ' Mailing Address: 25 Aupuni Street, Suite 200 Chair, Environmental Management Committee ~'•~,of,N';~~ Phone: (808) 961-8263 Vice-Chair, Finance Conunittee Fax: (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai 'i September 20, 2007 Mel Rapozo, Chair Hawaii State Association of Counties Honolulu, Hawaii Re: Rationale for proposed legislation for HSAC legislative priorities package Aloha Mel, Attached for your review is proposed legislation for inclusion in the HSAC Legislative Priorities package. This legislation is important for Counties to be able to access funding for Capital Improvement Projects. The State has a fund balance at the end of every fiscal year that should be used in part to establish and fund a special fund for Counties to apply for low interest loans. The current process of requesting funds from the State Revolving Fund is inadequate to deal with the amount of unfunded mandates the Counties have been and will continue to inherit from the State. This fund will assist Counties in securing funds for projects, receive funds for shortfalls and receive funds for emergency projects. Mahalo, District 6 ~ Upper Puna, Ka `u, and South Kana Hawaii County Is An Equal Opportunity Provider And Employer .B. NO. A BILL FOR AN ACT RELATING TO COUNTIES, ESTABLISHING A PERMANENT FUND FOR LOW INTEREST LOANS TO COUNTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: ] SECTION 1. There shall be established a permanent fund for 2 low interest loans to Counties for Capital Improvement Projects. 3 SECTION 2. There shall also be established a streamlined 4 method of assessing priorities and applying for loans. 5 SECTION 3. Statutory material to be repealed is bracketed 6 and stricken. New statutory material is underscored. 7 SECTION 4. This Act shall take effect upon its approval. 9 ~ INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO COUNTIES PURPOSE: The purpose of this bill is to create a permanent fund that Counties can access for low interest loans to fund Capital Improvement Projects, pay for shortfalls and/or fund emergency projects. MEANS: Create new sub-section: HRS 214-1.5 JUSTIFICATION: Counties continually deal with mandates that come down from State agencies with no consideration for funding. Counties also deal with accommodating ever increasing numbers on aging infrastructure and inadequate road systems. This fund will allow counties to maintain their excellent bond ratings with out side financial institutions while seeking State funds for smaller projects, projects that have unforeseen or additional costs and emergency projects that result from natural disasters or other unforeseen events. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GOVERNMENT PURPOSE: The purpose of this bill is to remove the limitations on the ability of the counties of Hawaii, Maui, and Kauai to enter into contracts to privatize. Act 191, Session Laws of Hawaii 2007, allows these counties to contract for personnel services with private persons or entities, but limits these contracts to no more than one year and less than $750,000. MEANS: Amend Act 191, SLH 2007 JUSTIFICATION: Removal of the limitations allows the counties of Hawaii, Maui, and Kauai more flexibility and opportunities to provide services more cost effectively. Depending on the services to be provided, proposals from prospective providers may be more favorable if the contract periods and amounts were raised. .B. NO. A BILL FOR AN ACT RELATING TO GOVERNMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`L• 1 SECTION 1. Section 76-77, Hawaii Revised Statutes, is amended to read as follows: 2 76-77 Civil service and exemptions. The civil service to which this part applies 3 comprises all positions in the public service of each county, now existing or hereafter 4 established, and embraces all personal services performed for each county, except the following: 5 (1) Positions in the office of the mayor; provided that the positions shall be included 6 in the classification systems; 7 (2) Positions of officers elected by public vote, positions of heads of departments, and 8 positions of one first deputy or first assistant of heads of departments; 9 (3) Positions of deputy county attorneys, deputy corporation counsel, deputy to prosecuting attorneys, and law clerks; 11 (4) Positions of members of any board, commission, or agency; 12 (5) Positions filled by students; positions filled through federally funded programs 13 which provide temporary public service employment such as the federal 14 Comprehensive Employment and Training Act of 1973; and employees engaged 15 in special research or demonstration projects approved by the mayor, for which 16 projects federal funds are available; 17 (6) Position of district judges, jurors, and witnesses; 20081egislature - Privafization Bill (HSAC) Page 2 . ~ . w , O . 1 (7) Positions filled by persons employed by contract where the personnel director has z certified that the service is special or unique, is essential to the public interest, and 3 that because of the circumstances surrounding its fulfillment, personnel to 4 perform the service cannot be recruited through normal civil service procedures; 5 provided that no contract pursuant to this paragraph shall be for any period 6 exceeding one year; 7 (8) Positions of a temporary nature needed in the public interest where the need does 8 not exceed ninety days; provided that before any person maybe employed to 9 render temporary service pursuant to this pazagraph, the director shall certify that 10 the service is of a temporary nature and that recruitment through normal civil 11 service recruitment procedures is not practicable; and provided further that the 12 employment of any person pursuant to this paragraph maybe extended for good 13 cause for an additional period not to exceed ninety days upon similar certification 14 by the director; 15 (9) Positions of temporary election clerks in the office of the county clerk employed 16 during election periods; 17 (10) Positions specifically exempted from this part by any other state statutes; i8 (11) Positions of one private secretary for each department head; provided that the 19 positions shall be included in the classification systems; 20 (12) Positions filled by persons employed on a fee, contract, or piecework basis who 21 may lawfully perform their duties concurrently with their private business or 22 profession or other private employment, if any, and whose duties require only a 20081egislature -Privatization Bill (HSAC) Page 3 . ~ . w ' O . i portion of their time, where it is impracticable to ascertain or anticipate the 2 portion of time devoted to the service of the county and the fact is certified by the 3 director; a (13) Positions filled by persons with a severe disability who are certified by the state 5 vocational rehabilitation office as able to safely perform the duties of the 6 positions; 7 (14) Positions of the housing and community development office or department of 8 each county; provided that this exemption shall not preclude each county from 9 establishing these positions as civil service positions; l0 (15) The following positions in the office of the prosecuting attorney: private li secretary to the prosecuting attorney; secretary to the first deputy prosecuting 12 attorney, and administrative or executive assistants to the prosecuting attorney; 13 provided that the positions shall in included in the classifications system; and 14 (16) Positions or contracts for personal services with private persons or entities for is services [lasting no more than one yeaz and] at a cost of no more than [$750,000.] 16 $ per vear. 17 The director shall determine the applicability of this section to specific positions and shall i8 determine whether or not positions exempted by paragraphs (7) and (8) shall be included 19 in the classification systems. zo Nothing in this section shall be deemed to affect the civil service status of any incumbent 21 private secretary of a department head who held that position on May 7, 1977." 2008 legislature -Privatization Bill (HSAC) Page 4 .B. NO. 1 SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory 2 material is underscored. 3 SECTION 3. This Act shall take effect on July 1, 2008. 4 INTRODUCED BY: 2008 legislature -Privatization Bill (HSAC) JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY PURPOSE: The purpose of this bill is to provide counties protection from liability as a result of natural conditions on or near public beach parks. MEANS: Amends Act 82, SLH 2003, to remove the exclusion of public beach parks. JUSTIFICATION: Deletion of the exclusion would provide the counties with additional immunity in its operation of county parks. .B. NO. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 663- , Hawaii Revised Statutes, is amended by amending the 2 definition of "improved public lands" to read as follows: 3 "Improved public lands" means lands designated as part of the state park system, parks, 4 and parkways under chapter 184, or as part of a county's park system, and lands which are part 5 of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and 6 structures constructed upon such lands. For purposes of this part, "improved public lands" 7 excludes ocean and submerged lands[, and further excludes any public beach park falling within 8 Act 190, Session Laws of Hawaii 1996. as amended by Act 101, Session Laws of Hawaii 1999].° 9 SECTION 2. Statutory material to be repealed is bracketed. New statutory material is to underscored. 11 SECTION 3. This Act shall take effect upon its approval. 12 13 14 15 INTRODUCED BY: 16 20081egislature -Public Beach Pazks Bill (HSAC) NSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS PURPOSE: The purpose of this bill is to delete that portion of Section 205-49(a)(3), Hawaii Revised Statutes, which removes large tracts of agricultural lands from consideration for designation as "Important Agricultural Lands" (IAL) based on a criteria that has no rational basis to the suitability of the land for agriculture. MEANS: Amend Section 205-49(a)(3) by removing the words, "...provided that if the majority of landowners' landholdings is already designated as important agricultural lands, excluding lands held in the conservation district, pursuant to section 205-45 or any other provision of this part, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition pursuant to section 205- 45." NSTIFICATION: An Agriculture Working Group, convened by the Department of Agriculture, worked for six months to vet the issues regarding the identification and regulation of "Important Agricultural Lands" pursuant to Article XI. Section 3 of the Constitution of the State of Hawaii. Using input obtained from stakeholders and the public, the Group created specific criteria to be used in designating IAL . During this process, the "majority" exemption was never discussed or considered. The "majority" exemption is not based on any rational criteria used to designate the suitability of land as being agriculturally important and goes against the stated policy of IAL which is to "Promote agricultural development and land use planning that delineates block of productive agricultural land and areas of agricultural activity for protection from the encroachment of non- agricultural uses". .B. NO. A BELL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 205-49, Hawaii Revised Statutes, is amended by amending subsection (a) 2 as follows: 3 "(a) After receipt of the maps of eligible agricultural lands from the counties and the 4 recommendations of the department of agriculture and the office of planning, the commission 5 shall then proceed to identify and designate important agricultural lands, subject to 6 section 205-45. The decision shall consider the county maps of eligible important agricultural 7 lands; declaratory orders issued by the commission designating important agricultural lands 8 during the three year period following the enactment of legislation establishing incentives and 9 protections contemplated under section 205-46, as provided in section 9 of Act 183, Session 10 Laws of Hawaii 2005; landowner position statements and representations; and any other 11 relevant information. 12 In designating important agricultural lands in the State, pursuant to the recommendations 13 of the individual counties, the commission shall consider the extent to which: 14 (1) The proposed lands meet the standards and criteria under section 205-44; 15 (2) The proposed designation is necessary to meet the objectives and policies of 16 important agricultural lands in section 205-42 and 205-43; and 1 (3) The commission has designated lands as important agricultural lands, pursuant to 2 section 205-45[;], [provided that if the majority of landowners landholdings is 3 already designated as important agricultural lands, excluding lands held in the 4 conservation district, pursuant to section 205-45 or any other provision of this 5 part, the commission shall not designate any additional lands of that landowner as 6 important agricultural lands except by a petition pursuant to section 205-45.] 7 Any decision regarding the designation of lands as important agricultural lands and the 8 adoption of maps of those lands pursuant to this section shall be based upon written 9 findings of fact and conclusions of law, presented in at least one public hearing 10 conducted in the county where the land is located in accordance with chapter 91, that the 11 subject lands meet the standards and criteria set forth in section 205-44 and shall be 12 approved bytwo-thirds of the membership to which the commission is entitled." 13 SECTION 2. Statutory material to be repealed is bracketed. New statutory material 14 is underscored. 15 SECTION 3. This Act shall take effect on July 1, 2008. 16 17 18 INTRODUCED BY: 19 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO HOUSING PURPOSE: Extends the forty-five day window for a legislative body to ' approve, approve with modification, or disapprove an affordable housing project under Section 201H-38, Hawaii Revised Statues, to ninety days. MEANS: Amends Section 201H-38, Hawaii Revised Statues. JUSTIFICATION: With the authority granted to the county councils by Act 249 X100'7) to modify affordable liousi.~g Y:ojects, extending fire ' councils' review period to ninety days will produce projects that aze better suited to the counties' respective needs while still providing an expedited process. The 45-day deadline is inadequate for a responsible review of a project, partly because a significant amount of time is consumed by the notice requirements under Chapter 92, HRS, for scheduling Council and committee meetings. Passage of this measure would reflect the Legislature's recognition of the scheduling and other limitations imposed on the councils by the Sunshine Law, This measure only addresses the councils' role in the approval process, which historically has not been the source of delays and increased costs for good affordable housing projects. pafghr:07-241b ~B. NO. A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 ' SECTION 1. The forty-five day window for a 2 leyis•~ai.ive body to appr-o.,e, zrprove r:i*_h medifica*_i_^, ar 3 disapprove an affordable housing, project is too short to have a 4 meaningful discussion of the project. Allowing ninety days will 5 provide an expedited review while allowing the legislative body 6 to do its due diligence in evaluating a project. 7 SECTION 2. Section 201H-38, Hawaii Revised Statutes, is 8 amended by amending subsection (a) to read as follows: 9 "(a) The corporation may develop on behalf of the State or 10 with an eligible developer, or may assist under a government it assistance program in the development of, housing projects that 12 shall be exempt from all statutes, ordinances, charter 13 provisions, and rules of any government agency relating to 14 planning, zoning, construction standards for subdivisions, 15 development and improvement of land, and the construction of 16 dwelling units thereon; provided that: 07-2Qla.doc Paget NO. 'V 1 (1) The corporation finds the housing project is 2 consistent with the purpose and intent of this g chapter, and meets minimum requirements of health and q safety; 5 (2) The development of the proposed housing project does 6 not contravene any safety standards, tariffs, or rates q and fees approved by the public utilities commission - g for public utilities or of the various boards of water g supply authorized under chapter 54; l0 (3) The legislative body of the county in which the 11 housing project is to be situated shall have approved 12 the project with or without modifications: 13 (A) The legislative body shall approve, approve with iq modification, or disapprove the project by 15 resolution within [`~~y-~~'~ 7 nines days after 16 the corporation has submitted the preliminary 1~ plans and specifications for the project to the ig legislative body. If on the [~=~-ci~'':a 19 ninety-first day a project is not disapproved, it 20 shall be deemed approved by the legislative body; 21 (B) No action shall be prosecuted or maintained 22 against any county, its officials, or employees 23 on account of actions taken by them in reviewing, 07-241a.doc Y Page 3 . ~ . w 1 O . `v i approving, modifying, or disapproving.the plans 2 and specifications; and g (C) The final plans and specifications for the q project shall be deemed approved by the 5 legislative body if the final plans and 6 specifications do not substantially deviate from *he preliminary plans- and snenificar.iona- The g final plans and specifications for the project 9 shall constitute the zoning, building, l0 construction, and subdivision standards for that 11 project. For purposes of sections 501-85 and 12 502-17, the executive director of the corporation 13 or the responsible county official may certify lq maps and plans of lands connected with the 15 project as having complied with applicable laws 16 and ordinances relating to consolidation and 17 subdivision of lands, and the maps and plans lg shall be accepted for registration or recordation 19 by the land court and registrar; and 20 (4) The land use commission shall approve, approve with 21 modification, or disapprove a boundary change within 2z forty-five days after the corporation has submitted a 23 petition to the commission as provided in section 07-241a.doc Page 4 .B. NO. 1 205-4. If on the forty-sixth day the petition is not 2 disapproved, it shall be deemed approved by the 3 commission." q SECTION 3. Statutory material to be deleted is bracketed 5 and in strikethrough. New statutory material is underscored. 6 ' SECTION 4. This Act shall take effect upon its approval. 7 S INTRODUCED BY: 07-241a.doc 1 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PROCUREMENT PURPOSE: To remove the requirement for local governments to comply with rules adopted by the policy boazd and to place the decision-making power to use cooperative contracts within the discretion of local governments. MEANS: Amends §103D-802, Hawaii Revised Statutes (HRS), by deleting language pertaining to rules adopted by the policy boazd. JUSTIFICATION: §103D-201 and §103D-202, HRS, establish a procurement policy board with the authority to adopt rules consistent with Chapter 103D. Chapter 103D is based on the Model Procurement Code. All states have adopted a version of the Model Procurement Code. Most states that allow cooperative purchasing do not have policy boards restricting a government's ability to participate in cooperative contracts. Currently, local governments in the State of Hawaii are limited by the Hawaii Administrative Rules set by the policy boazd to choose whether to use cooperative contracts. This is true even if the cooperative contracts went through a competitive selection process similar to the laws and rules of the State of Hawaii. Consequently, local governments may not be able to enter into a cooperative contract that is the most cost-effective choice for itself or for its taxpayers. Local governments aze in the best position to assess their own needs and the needs of the people they serve. Therefore, local governments are also in the best position to make competent decisions as to whether to use a cooperative contract. The amendment would merely provide local governments with another option when deciding whether to enter into a cooperative contract. There may be contracts, other than the cooperative contract, that have gone through Hawaii's procurement process and are still more cost efficient for local governments. The amendment gives local governments another choice. pafkmh:07-239b :B. NO. A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 103D-802, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "~103D-802 Cooperative purchasing authorized. A public 4 procurement unit may either participate in, sponsor, conduct, or 5 administer a cooperative purchasing agreement for the 6 procurement of goods, services, or construction with one or more 7 public procurement units, external procurement units, or 8 nonprofit private procurement units pursuant to [=_1~.. _v..rt~~ 9 an agreement entered into between the 1o participants. The cooperative purchasing may include, but shall 11 not be limited to, joint or multi-party contracts between public 12 procurement units, and state public procurement unit 13 requirements contracts which are made available to local public 74 procurement units. Cooperative purchasing agreements may be 75 exempt from preferences pursuant to part X. 16 SECTION 2. Statutory material to be deleted is bracketed 17 and in strikethrough. 18 SECTION 3, This Act shall take effect upon its approval. 07-239a.doc Page t . ~ . N O . ' . 1 2 INTRODUCED BY: 3 07-239a.doc ' JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GRAY WATER PURPOSE: To allow use of gray water for landscape irrigation. MEANS: Amends the State Water Code (Chapter 174C, Hawaii Revised Statutes) to allow use of gray water for landscape irrigation. JUSTIFICATION: The use of gray water for landscape irrigation promotes water conservation by lessening the need to use potable water. _ T Gray water is untreated household wastewater that has not come in contact with toilet waste (black water). Primarily, gray water includes wastewater from bathtubs, showers, bathroom sinks, and clothes washing machines. This legislation is modeled after New Mexico's HB 114 (2003), which has been successfully implemented. paf:drtv:07-2456 :B. NO. A BILL FOR AN ACT RELATING TO GRAY WATER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: ~ SECTION 1. Section 174C-3, Hawaii Revised Statutes, is 2 amended to add the following Cefinition: 3 ""Gray water" means untreated household wastewater that has 4 not come in contact with toilet waste and includes wastewater 5 from bathtubs, showers, washbasins, clothes washing machines and 6 laundry tubs, but does not include wastewater from kitchen sinks 7 or dishwashers or laundry water from the washing of material 8 soiled with human excreta, such as diapers." 9 SECTION 2. Chapter 174C, Hawaii Revised Statutes, is 10 amended to add a new section to be appropriately designated and 11 read as follows: 12 °~174C-_ Gray water. A. The commission, other state 13 agencies, and county agencies shall not prohibit the use of less 14 than two hundred fifty gallons per day of private residential 15 gray water originating from a residence for the resident's 16 household gardening, composting or landscape irrigation if: 17 (1) a constructed gray water distribution system ~g provides for overflow into the sewer system or on-site 07-245a.doc Paget A'O. i wastewater treatment and disposal system; 2 (2) a gray water storage tank is covered to restrict 3 access and to eliminate habitat for mosquitoes or other q vectors; g (3) a gray water system is sited outside of a floodway; 6 (4) gray water is vertically separated at least five 7 feet above she groundwater table; g (5) gray water pressure piping is clearly identified as 9 a nonpotable water conduit; 10 (6) gray water is used on the site where it is generated ii and does not run off the property lines; 12 (7) gray water is applied in a manner that minimizes the 13 potential for contact with people or domestic pets; 14 (8) ponding is prohibited, application of gray water is 15 managed to minimize standing water on the surface and to 16 ensure that the Hydraulic capacity of the soil is not 17 exceeded; ig (9) gray water is not sprayed; and 19 (10) gray water is not discharged to a watercourse. 20 B. The commission and the respective county water 21 authorities may enact policies to encourage the use of gray 22 water consistent with this section." 23 24 SECTION 3. This Act shall take effect upon its approval. 25 07-245a.doc Page 3 • ~ . N O . P IV 1 INTRODUCED BY: 2 07-245a.doc JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO TRAFFIC INFRACTIONS PURPOSE: To require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred MEANS: Create a new chapter, 291 F, "Transmittal of Uncontested Traffic Fines and Forfeitures to Counties," and amend section 291C- 171(a), Hawaii Revised Statutes JUSTIFICATION: While the counties are responsible for enforcement, revenues accruing from violations of the Statewide Traffie Code aze paid solely to the State. Traffic citations are issued by police officers whose costs, including salazies, equipment, and administrative support, are funded by the counties. Allowing each county to receive the fines and forfeitures generated as a result of county enforcement of traffic laws is fair and will provide the counties a much-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures accruing from State-enforced violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision oftraffic-safety improvements. .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by 2 adding a new chapter to be appropriately designated and to read 3 as follows: 4 "CHAPTER 5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 Sec. 291F-A Definitions. For purposes of this chapter, 8 unless the context clearly requires otherwise: 9 "Traffic infractions" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with section 291D-6(b)(1), the 15 person admits the commission of the infraction without 16 requesting a hearing to explain mitigating circumstances and 17 pays or remits bail forfeiture by mail within thirty days. Page t . ~ . N 0 . 1 Sec. 291E-B Transmittal of fines and forfeitures. (a) The 2 state director of finance shall transmit to each county not more 3 than thirty days after the end of each fiscal quarter per 4 cent of all the fines and forfeitures collected for uncontested 5 traffic infractions committed in that county which are in excess 6 of amounts required by the State to pay the administrative costs 7 of the traffic violations bureau. 8 (b) Subsection (a) shall not apply to: 9 (1) Fines and forfeitures for violations that occur on 10 state off-street parking facilities, parks, airports, 11 and harbors that are subject to enforcement by the 12 State; and 13 (2) Fines and forfeitures that are required by law to be 14 paid into a special, revolving, or trust fund. 15 No county shall be entitled to any portion of the fines and 16 forfeitures described in this subsection." 17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 18 amended by amending subsection (a) to read as follows: 19 "(a) All fines and forfeitures collected upon conviction or 20 upon the forfeiture of bail of any person charged with a 21 violation of any section or provision of the state traffic laws 22 and all assessments collected relating to the commission of Page 3 .B. NO. 1 traffic infractions shall be paid to the director of finance of 2 the State. 3 The judiciary shall identify those uncontested traffic 4 infractions as defined in section 291F-A. The disposition of 5 fines and forfeitures paid to the state director of finance 6 shall be subject to section 291F-B." 7 SECTION 3. In codifying the new sections added by section 8 1 of this Act, the revisor of statutes shall substitute 9 appropriate section numbers for the letters used in designating 10 the new sections in this Act. 11 SECTION 4. New statutory material is underscored. 12 SECTION 5. This Act shall take effect on July 1, 2008. 13 INTRODUCED BY: Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City 8. County of Honolulu ~ URGING THE ATTORNEY GENERAL TO CONVENE THE TASK FORCE REQUIRED BY ACT 152, SESSION LAWS OF HAWAII 2007. W;tii~k2^EAS, Act 152, Session Laws of Hawaii 2007 (Act 152), which was signed by the,~r on June 7, 2007, extends the sunset provision for limited liability protedttf~~state and county governments on recreational areas and public beach `parks uiitifiJune 30, 2010; and WHEREAS, Act 152 also eSt~blishes a task force within the department of the attorney general to collect data pp~~ezamine the effectiveness and adequacy of: 1) providing lifeguards conditiona#~y1ii~~~rotection for lifeguard services at state beach parks, except for gross negligence~and Eton acts oromissions; 2) installing warning signs at public beach parks to increase public saf~y~a~sctu_~„e ocean-related accidents, and protect the state and counties from unlimited tisbif~'th regard, to activities in the ocean and at public beaches; and 3) install warning st~rls afi~ f :.feoreational lands to increase public safety and protect the state and counti~'ro ~ liability arising out of recreational activities on public lands; and WHEREAS, the task force is to be composed of: (1) The attorney general or the attorney general's designee as ~f the task force; _ ~ Y~ ~ ~s~~ (2) The president of the Hawaii State Association of Countie~~- ~s z president's designee; r f (3) The mayor of the City and County of Honolulu or the mayor's , ~z (4) The mayor of the County of Maui or the mayor's designee (5) The mayor of the County of Hawaii or the mayor's designee; (6) The mayor of the County of Kauai or the mayor's designee; and (7) The executive director of the Consumer Lawyers of Hawaii or the executive director's designee; and OCS/101707/09:38/CT WHEREAS, the task force is required to submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2009 regular session; now, therefore, BE IT RESOLVED by the Hawaii State Association of Counties that it urges the attorney general to convene the task force required by Act 152, Session Laws of Hawaii 2007; and BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Attorney General, the President of the Hawaii State Association of Counties, the mayors of the counties of the State of Hawaii, the Executive Director of the Consumer Lawyers of Hawaii, the Governor, the President of the Senate, and the Speaker of the House of Representatives. INTRODUCED BY: MELRAPO2O President BOBJACOBSON Vice President Y M ACHOLA Secreta JOSEPH PONTANILLA Treasurer 2 10/18/2007 16:29 8089616685 COUNTY OF HI - OHCD PAGE 01/01 ~ ILt t,ul ~ , OCf ~ ~ 2007 •4 r EdwlR Taira Harry Kim Hparbtz AAnde6b'emr Mayer 6pmllp of ~aboaii OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT So Wu'IaaaAlvs • Haa, Hawapi 967209V`a vrrr (aoa) ssr-sari. rAX(aoS) aa~•aeas October 18, 2007 Mel Rapozo, President Hawaii State Association of Counties and Member of the &xecutfve Committee 4396 Rice Street Zihue, Hawaii 96766 gubjeat: Request for Time on Agenda of Executive COnmtittoe ffieetiag The Office o£ Housing and Community Development (OHCD) accepts your request to present a briefing on Housing issues to the Executive Committee at its meeting scheduled for October 26, 2007. The presenter w311 be OHCD Planner Jeremy McCOmber. If you have questions or need additional information, please call Jeremy McComber at 80@/961-8379. Thank you. '~ll~ Edwin S. Taira Housing Administrator 1417 tlw P EQUAL HOU91N~ OPPORTUWITY wuwnri caaxtr is a+caia~ owroatuxm rnouIDeRUro EarprareR' Hir a. BOB JACOBSON ~-~L ` 333 Kilauea Avenue, Second Floor Councilmember Ben Franklin Building, Hilo, Hawaii 96720 Mailing Address: 25 Aupuni S[ree4 Suite 200 Chaiq Environmental Management Committee , • ya Phone: (808) 961-8263 Vice-Chair, Finance Committee Fax: (808) 961.8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i MEMORANDUM TO: Mel Ropozo, President Hawaii State Association of Counties 6Lk^ FROM: Bob Jacobson, Council Member Hawaii County Council RE: Proposed housekeeping amendments to Hawaii County's legislative priorities packet Attached for your review aze proposed housekeeping amendments to Hawaii County's legislative priorities packet that will be under discussion at the October 26, 2007 HSAC meeting. These justification sheets aze meant to replace the ones that were previously submitted. BJ/bl Att. District 6 Upper Puna, Ka `a, and South Kona Hawaii County /s An Equat Opportunity Provider And Employer JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO COUNTIES PURPOSE: The purpose of this bill to establish a special fund for counties to access to combat invasive species and also to establish protocols for funding applications and methods for prioritizing needs. MEANS: Create new sub-section: HRS 141-3.7 JUSTIFICATION: As counties identify invasive species and methods for dealing with them, funding should be available to them in a reliable and consistent manner. Although counties may deal with some of the same "pests" or invasive species, they may develop and implement different and unique eradication programs. Funds should be available for all counties programs. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GOVERNMENT PURPOSE: The purpose of this bill is to implement and monitor the Federal COOL Act in order to protect our local farmers and their niche market products. MEANS: Create sub section (a) under Section 148-4 JUSTIFICATION: COOL legislation or County of Origin Legislation is necessary to protect local products, regions and techniques from being unduly exploited. Without this important legislation anyone can claim to grow and sell something represented as Kona Coffee, anywhere in the world. Inferior coffee beans can be blended with bona-fide Kona coffee beans and packaged and sold as 100% Kona Coffee! This legislation mandates disclosure of the country of origin for all the beans used in the package, on the front of the package. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PRODUCT LABELING PURPOSE: The purpose of this bill is to establish a process by which products are identified by region and/or country of origin and all percentages contained be prominently displayed on the front label of all packaging material. To require a minimum of 100% of a Hawaiian Grown product for packaging to advertise as 100% Hawaiian. To increase the minimum percentage of Kona grown coffee from 10% to 75% for any coffee blend using the "Kona Coffee Blend" label. MEANS: Create new section in Hawaii Revised Statute: 148-4 JUSTIFICATION: There is currently no direction from the Hawaii Revised Statute for the treatment of product labeling. In the interest of protecting local industry and locally grown products there must be a consistent method of identifying geographic origin and percentages of "other" than local products used as additives. If you were to purchase a box of macadamia nuts from a store today there is no way to know if all the nuts and chocolate were grown here or elsewhere. Similarly with coffee, there is currently now way of knowing if 100% of the coffee in a bag marked "100 Kona Coffee" is from here or not or even grown in the "Kona" region. This legislation is an important step in protecting locally grown, processed, and packaged niche market products in the state of Hawaii. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO COUNTIES PURPOSE: The purpose of this bill is to create a permanent fund that Counties can access for low interest loans to fund Capital Improvement Projects, pay for shortfalls andlor fund emergency projects. MEANS: Create new sub-section: HRS 214-1.5 JUSTIFICATION: Counties continually deal with mandates that come down from State agencies with no consideration for funding. Counties also deal with accommodating ever increasing numbers on aging infrastructure and inadequate road systems. This fund will allow counties to maintain their excellent bond ratings with out side financial institutions while seeking State funds for smaller projects, projects that have unforeseen or additional costs and emergency projects that result from natural disasters or other unforeseen events.