HomeMy WebLinkAboutCOM 1277.001 2006-2008
Pete Hoffmann I os Phone No. Hilo: (808) 961-8027
Council Chair Phone No. Waimea: (808) 887-2043
District 9 - North and South Kohala Fax No.: (808) 887-2072
E-Mail: poffmann&o.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building Holomua CeVter 4=0
25Aupuni Street 64-1067 MckOlahoa away, Suite C-5
Hilo, Hawai `i 96720 Waimea, H44 t' 96/~ '
TO: Council Members
Hawaii County Council ;
00
FROM: Pete Hoffmann, Council Chair fr -
Date: June 10, 2008
Subject: Proposed Amendment to Bill No. 314 Amending Chapter 2, Hawaii County Code 1983
(2005 Edition, as Amended), and Adding a New Article Relating to the Creation of a
Department of Energy Sustainability
Please find attached proposed amendments to Bill 314. Bill 314 amends Chapter 2, Hawaii County Code
1983 (2005 Edition, as amended), Administration, by incorporating purpose, duties and responsibilities
for the Department of Energy Sustainability.
The proposed amendments replaces the use of the word `department' by the word `office' as agreed with
the Department of Research and Development. The proposed amendments are illustrated via Ramseyer
format with respect to the contents of Bill 314, bolded for illustrative purposes, and reads as follows:
1. Amend TITLE to read as follows:
",AN ORDINANCE AMENDING CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), BY AMENDING ARTICLE 2 AND ADDING A NEW ARTICLE RELATING TO
CREATION OF AN [DEPARTMENT] OFFICE OF ENERGY SUSTAINABILITY."
2. Amend the contents of SECTION I to read as follows:
"Article-. [Departine:tI Office of Energy Sustainability.
Section _-1. [Oepart:nent] Office e; energy sustainability.
There shall be an [depart] office to be known as the [departmei4] office of energy
sustainability. The [depa ent] oftice of energy sustainability shall consist of an energy
sustainability advisor who shall serve as the head of [the ] office, an energy policy analyst,
a green building expert, a clerk and other staff as needed.
Section _-2. Purpose.
Comm. No.
Ref. To: M'___ 4r
Serving the Interests of the People of Our Island Ref. Date JUN I 77M
Hawai `i County Is An Equal` Opportunity Provider And Employer
The [depa#ment] office of energy sustainability is established to promote energy efficiency
and increased energy generation from renewable sources in the County of Hawai` i in order to move
the County toward a sustainable energy future.
Section -3. Duties and functions of the [departmen I office of energy sustainability.
The [depattment] office of energy sustainability shall
(1) Advise and assist the administration and upon request, the County Council, on energy-related
issues;
(2) Deliver timely and accurate information to the administration on a regular basis;
(3) Manage the implementation and progress of the Hawaii County energy sustainability plan;"
3. Amend the contents of SECTION 2 to read as follows:
"Section 2-7. Organization of executive branch.
The executive branch of the County is organized into the following agencies/departments:
(1) Agency and agency heads under direct supervision of the managing
director:
AGENCY AGENCY HEAD
(A) Civil defense .............................................................................Civil defense administrator
(B) Office of aging County executive on aging
(C) Office of housing and community development Housing administrator
(D) Mass transit .................................................................................Mass transit administrator
(2) Departments and heads under direct supervision of the managing director:
DEPARTMENT DEPARTMENT HEAD
(A) Office of management .............................................................................Managing director
(B) Corporation counsel .............................................................................Corporation counsel
(C) Department of finance Director of finance
(D) Planning department Planning director
(E) Department of environmental management ..............Director of environmental management
(F) Department of research and development Director of research and development
(G) Department of public works Director of public works
(H) Department of parks and recreation Parks and recreation director
(1) Data systems Director of data systems
(J) [Department] Office of energy sustainability ........................Energy sustainability advisor
A draft of Bill 314, Draft 2, is attached with the proposed amendments contained in this communication
incorporated. Bolding has been retained for illustrative purposes.
Thank you.
PH/kf
Att.
2
AN ORDINANCE AMENDING CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), BY AMENDING ARTICLE 2 AND ADDING A NEW ARTICLE
RELATING TO CREATION OF AN OFFICE OF ENERGY SUSTAINABILITY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
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-. Office of Energy Sustainability.
Section _-1. Office of energy sustainability.
There shall be an office to be known as the office of energy sustainability. The office
of energy sustainability shall consist of an energy sustainability advisor who shall serve as the
head of office, an energy policy analyst, a green building expert, a clerk and other staff as
needed.
Section _-2. Purpose.
The office 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. Duties and functions of the office of energy sustainability.
The office of energy sustainability shall:
(1) Advise and assist the administration and upon request, the County Council, on energy-
related issues;
(2) Deliver timely and accurate information to the administration on a regular basis;
(3) Manage the implementation and progress of the Hawaii County energy sustainability
plan;
(4) Promote county departmental policies that move the County toward a sustainable
energy future; and
(5) Exercise other functions prescribed by ordinance.
Section _-4. Appointment and qualifications of the energy sustainability advisor.
The energy 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
of administrative experience in a related field.
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Section _-5. Energy advisory commission.
(a) There is established an energy advisory commission. The commission shall consist of
nine members, one from each of the nine County council districts. Each member shall
be a legal resident and registered voter of the district which the member represents.
(b) Members shall be appointed by the mayor and confirmed by the council. The council
shall act to confirm or reject any appointment made to the commission 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. Members may be removed upon
recommendation by the mayor and the approval of the council.
(c) No person shall, by reason of occupation alone, be barred from serving as a member
of this commission.
(d) No member shall be eligible for a second appointment to the commission prior to the
expiration of two years, provided that members initially appointed for terms of one
year or two years shall be eligible to succeed themselves for an additional term.
(c) Members shall serve staggered terms of five years. Upon the initial appointment of the
commission, one member shall be appointed to a term of one year, two for a term of
two years, two for a term of three years, two for a term of four years, and two for a
term of five years.
(f) 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.
(g) Any vacancy occurring in the commission shall be filled for the unexpired term.
(h) A chairperson shall be elected from its membership annually.
(i) The affirmative vote of a majority of those members present shall be necessary to
make any action valid.
(j) The commission 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 commission is entitled.
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(k) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be paid
in advance as per diem allowance pursuant to article 16.
Section _-6. Duties and responsibilities of the energy advisory commission.
The duties and responsibilities of this commission are:
(1) To develop and submit to the mayor, an island-wide prioritized list of energy-
efficiency measures that would promote energy efficiency and increased energy
generation from renewable sources in the County, within three months of being
confirmed to the commission by the council. Priorities shall be determined on an
island-wide rather than a district basis and the prioritized list shall include the
significance of each measure as well as a time frame for implementation and
completion of each proposed measure;
(2) To update this list at any time, but at least annually by December 31 of each year; and
(3) To explore methods of state, federal, and/or private funding to accomplish these
proposed measures and make recommendations to the mayor relating to
such funding options.
Section _-7. Quorum; meetings.
(a) A majority of the voting members of the energy advisory commission shall constitute
a quorum for the transaction of business and for the exercise of the powers and
authority conferred upon the commission. All actions of the commission shall require
the affirmative vote of a majority of its members.
(b) The commission shall hold at least one meeting in each month and shall adopt rules
for the transaction of business consistent with the laws of the State and the ordinances
of the County.
Section _-8. Records of findings required.
The commission shall keep a public record of its findings and determinations."
SECTION 2. Chapter 2, article 2, section 2-7, Hawaii County Code 1983 (2005 Edition, as
amended), is amended to read as follows:
"Section 2-7. Organization of executive branch.
The executive branch of the County is organized into the following agencies/departments:
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(l) Agency and agency heads under direct supervision of the managing
director:
AGENCY AGENCY HEAD
(A) Civil defense ..................................................................Civil defense administrator
B Office of aging County executive on aging
(C) Office of housing and community development Housing administrator
(D) Mass transit Mass transit administrator
(2) Departments and heads under direct supervision of the managing director:
DEPARTMENT DEPARTMENT HEAD
(A) Office of management Managing director
(B) Corporation counsel Corporation counsel
(C) Department of finance ................................................................Director of finance
(D) Planning department Planning director
(E) Department of environmental management.. Director of environmental management
(F) Department of research and development Director of research and development
(G) Department of public works ..............................................Director of public works
(H) Department of parks and recreation Parks and recreation director
(I) Data systems Director of data systems
(J) Office of energy sustainability ....................................Energy sustainability advisor
(3) Departments and administrative heads under commissions and administrative
supervision of the managing director:
DEPARTMENT ADMINISTRATIVE HEAD
(A) Department of civil service .....................................................Director of personnel
(B) Police department Chief of police
(C) Department of liquor control ...................................................Director, department
of liquor control
(D) Fire department Fire chief
E Department of water supply Manager"
SECTION 3. 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 4. If any provision of this ordinance or the application thereof to any person or
circumstance, is held invalid, the invalidity doe: 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.
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SECTION 5. This ordinance shall take effect upon its approval.
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