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Home My WebLink AboutBIL 303 Draft 01 2006-2008OFFICE INFORMATION ONLY Meeting: Food and Energy Sustainability Committee - May 19, 2008 Action: Withdrawn on the floor by introducer (Pete Hoffmann) Re: Bill 303 (Comm. 1223) (2006 -2008) COUNTY OF HAWAII STATE OF HAWAII BILL NO. 303 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ADMINISTRATION, BY CREATING A DEPARTMENT OF ENERGY SUSTAINABILITY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated as follows: "Article_. Department of Energy Sustainability. Section _-1. Composition of department. There shall be a department of energy sustainability consisting of an energy and sustainability advisor, who shall serve as the director of the department, an energy policy analyst, a green building expert, and the necessary staff. Section _ -2. Statement of policy. The department of energy sustainability is established to promote energy efficiency and increased energy generation from renewable sources in the County of Hawaii in order to move the County toward a sustainable energy future. Section ____-3. Appointment and qualifications of the energy and sustainability advisor. The energy and sustainability advisor shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The advisor shall have a minimum of five years' administrative experience in a related field. Section _4. Powers, duties and functions. The department of energy sustainability shall advise and assist the administration on energy - related issues, delivering timely and accurate information to the administration on a regular basis, manage the implementation and progress of the Hawaii County energy sustainability plan, the coordination of inter - departmental consensus, and exercise other functions prescribed by ordinance. Section _ -5. Sustainable Energy Committee. There shall be designated within the department of energy sustainability a sustainability action committee, which shall sit in an advisory capacity to the director of the department on matters that support a sustainable economy, society and environment. (a) Membership and term. (1) The committee shall be composed of five members, who shall be appointed by the mayor and confirmed by the council. (2) Any member of the committee may be removed upon recommendation of the mayor and the approval of the council. (3) Members shall serve a term of five years. However, for the initial appointment of members, one member shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. (4) In addition to the five members, the director or the director's designee will serve as an ex- officio member of the committee. (5) The members shall be broadly representative of the County and shall be selected on the basis of their knowledge, expertise, proven innovative and technical skills and ability to network and source cutting edge technologies, with interests in one or more of the following areas: agriculture, business, energy, tourism, community, economics, planning, architectural design, community facilitation and Hawaiian culture. (6) No member shall be eligible for a second appointment to the committee prior to the expiration of two years, provided that members appointed for a term of one year or two years shall be eligible to succeed themselves for an additional term. (7) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (8) Any vacancy occurring in the committee shall be filled for the unexpired term. (9) Not more than a bare majority of the members shall belong to the same political parry. (10) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses maybe paid in advance as per diem allowance pursuant to chapter 2, article 16 of the Hawaii County Code. (11) A chairperson shall be elected from its membership annually. (12) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (13) The committee shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the committee is entitled. (14) No person shall, by reason of occupation alone, be barred from serving as a member of this committee. (15) The council shall act to confirm or reject any appointment made to the committee by the mayor within forty -five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (b) Duties of the committee. (1) The sustainability action committee shall make recommendations and support the department's integration of planning and implementation of sustainable principles in its work with communities, businesses and other agencies. (2) The sustainability action committee shall support and make recommendations to: (A) Raise awareness of what the term sustainability represents and the guiding principles of sustainability; (B) Conduct environmental scans to assess current conditions as they relate to the guiding principles of sustainability; (C) Identify a vision for sustainability and recommend solutions; and (D) Support the development of sustainability actions plans. (3) The sustainability action committee shall support, monitor and comment on the department's efforts to effectuate sustainable planning, policies, programs, projects and operations. (c) Guidelines for committee recommendations. (1) The sustainability action committee shall apply guiding principles of sustainability as a framework for identification of issues, research and innovative actions. These principles shall include: (A) Reduced dependence upon fossil fuels, extracted underground metals and minerals; (B) Reduced dependence on chemicals and other manufactured substances that can accumulate in nature; (C) Reduced dependence on activities that harm life- sustaining ecosystems; and (D) Meeting the hierarchy of human needs fairly and efficiently. (2) The sustainability action committee shall employ a "systems approach" to identify upstream root causes and outcomes and shall recommend appropriate research, planning and implementation initiatives; outcome measures and indicators; engagements and partnerships as may be necessary to guide the department to innovative and successful sustainable models that effectuate the purpose of this article. (3) The sustainability action committee shall consider the recommendations provided in the general plan, community development plan ordinances, community visioning processes and other agencies' planning documents. Additionally, the committee shall seek innovative solutions, programs and initiatives based upon sustainable precepts of native Hawaiian culture and other local, national and international resources to advance the purpose of this article and seek the necessary technical and other support required for implementation by the department, other agencies and the community. The committee shall encourage and participate in the internal and external network opportunities at the local, state, national and international levels." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1 St Reading: Date of 2 n Reading: Effective Date: RL - F['^!' !CF COM 1223 INTRODUCED BY: