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Home My WebLink AboutBIL 314 Draft 02 2006-2008COUNTY OF HAWAII ORDINANCE NO. BILL NO. 314 (Draft 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 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 .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 the office an energypolicy anal sit, a green buildingpert, a clerk and other staff as needed. Section -2. Purpose. The office of energy sustainability is established to promote energy efficiency and increased energ~~eneration 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 sustainabilit shall: Advise and assist the administration and upon request, the County Council, on energy-related issues; Deliver timely and accurate information to the administration on a regular basis; 3 Mana e the implementation and progress of the Hawaii Count e~~' sustainability plan; STATE OF HAWAII -1- (~ Promote county departm4r,tal policies that ~itove the County toward a sustainable energy future; and Exercise other functions prescribed by ordinance. Section -4. Annointment and Qualifications of the enemy sustainabilitY advisor. The energy sustainability advisor shall be appointed by the mayor, confirmed by the council and m~ be removed by the mayor. The advisor shall have a minimum of five years of administrative experience in a related field. Section -5. Energy advisory commission. ~ 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. Members shall be appointed by the manor and confirmed by the council. The council shall act to confirm or reject an~ppointment made to the commission by the mayor within forty-five dam 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. ~ No person shall by reason of occupation alone, be barred from serving as a member of this commission. No member shall be eligible for a second appointment to the commission prior to the expiration of two Years provided that members initiall~ppointed for terms of one year or two years shall be eligible to succeed themselves for an additional term. ~ 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. -2- ~f No member whose term ht<s expired shall tuntinue to serve on the commission, except that if no successor has been uppoii~ted and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. ~ Any vacancy occurring. in the commission shall be filled for the unexpired term. A chairperson shall be elected from its membership annually. The affirmative vote of a majority of those members present shall be necessary to make any action valid. 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. 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 asper diem allowance pursuant to article 16. Section -6. Duties and responsibilities of the enemy advisory commission. The duties and responsibilities of this commission are: To develop and submit to the mayor an island-wide prioritized list of ener~y- efficiency measures that would promote energy efficiency and increased energy generation from renewable sources in the County, within three months of bei~ 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; To update this list at anX time, but at least annually bYDecember 31 of each year; and ~~ To explore methods of state, federal, and/or private funding to accomplish these proposed measures and make recommendations to the mayor relating to -3- such funding options. Section -7. Quorum; meetings. ~ 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. 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." SECTIOI~12. Chapter 2, article 2, section 2-7, Hawaii County Code 1983 (2005 Edition, as amxvnded), 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: (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: llEYARTMENT (A) Office of management ......... (B) Corporation counsel ............ (C) Department of finance ......... DEPARTMENT HEAD ............Managing director .........Corporation counsel ........... Director of finance -4- (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 ofpolice (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 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 5. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1st Reading: llate of 2nd Reading: L,Ifective Date: -5- ktrtKtNGb, 1277.16 1NTR(~ni JCF,D BY: