HomeMy WebLinkAboutCOM 0225.014 2008-2010
Murashige, Laura
From: nancy redfeather [nancyredfeather@hawaii.rr.com]
Sent: Friday, April 03, 2009 4:13 PM
To: dyagong@co.hawaii.hi.us; dikeda@co.hawaii.hi.us; J S Yoshimoto; donishi@co.hawaii.hi.us;
enaeole@co.hawaii.hi.us; genriques@co.hawaii.hi.us; Brenda Ford,
kgreenwell@co.hawaii.hi.us; Pete Hoffmann
Cc: counciltestimony@co.hawaii.hi.us
Subject: Background Documents for Hawai'i County Resolution 81-09
Attachments: Hawaii County Resolution-2.doc; Maui County Resolution.pdf; HB1226_HD1_ pdf
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Hawaii County Maui County HB1226_HDl_.pdf
Resolution-2.doc... Resolution.pdf (16... (3 MB)
Aloha Council Members,
Attached are three documents that will provide background information for Resolution 81-09
that will be heard before the Council on Wednesday April 8, 2009 at your Hilo Meeting.
Recently, the State House of Representatives passed HB1226 HD1 that would eliminate County
and State regulatory authority over all genetically engineered agricultural crops in the
future including labeling, giving all regulatory authority to the USDA/APHIS who at this
moment is in the throes of deregulating GE crops. This bill has crossed over to the
Senate and has been assigned to Chair Mike Gabbard and Chair Kalani English.
No state in the US has passed such restrictive legislation, preventing even the State
itself from any regulatory authority in the future. I thought you might want to read HB
1226 HD1, the Resolution opposing that Bill that was passed by the Maui County Council on
March 20, and the Resolution 81-09 that will be before you next Wednesday.
Perhaps your staff could create a copy for you to read at your leisure. Mahalo for taking
the time to prepare yourself to give your mana'o on this unusual preemption legislation.
Aloha,
Nancy Redfeather
Kawanui Farm
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COUNTY OF HAWAII STATE OF HAWAII
hip oi•Mi~'
RESOLUTION NO.
A RESOLUTION URGING OPPOSITION TO HOUSE BILL NO. 1226, HD1,
RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS
WHEREAS, Bill 361, Draft 2, prohibiting tests, propagation, cultivation, planting,
growing or introduction of genetically engineered (transgenic) taro (kalo) and coffee, was passed
by the County Council of Hawaii on November 13, 2008; and
WHEREAS, House Bill No. 1226 HD1 preempts any other county regulatory action that
bans or restricts all activities relating to genetically modified plant organisms, except that
contained in Hawaii County Bill 361, Draft 2; and
WHEREAS, House Bill No. 1226 HD1 if passed by the State Legislature would restrict
the County of Hawaii from exercising any further regulatory activity in regard this highly
controversial matter of genetically modified plant organisms, to include the control of field
testing regardless of future scientific findings; and
WHEREAS, House Bill No. 1226 HD1 would usurp county authority to set future
agricultural policy regarding genetically modified organisms and thereby repudiate home rule
principals without just cause; and
WHEREAS, the County Council of Maui approved Resolution 09-29 on March 20, 2008
which urges opposition to House Bill No. 1226 HD 1 now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges opposition to House Bill No. 1226, HD1, in unison with Bill 361, Draft 2 passed in
November 2008 prohibiting the research on, and planting of genetically engineered taro and
genetically engineered coffee; and
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
herby urges opposition to House Bill No. 1226, HD 1, in order to protect and preserve the
County's home rule and authority; and
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the Honorable Charmaine Tavares, Mayor, County of Maui; the Honorable Bernard
P. Carvalho, Jr., Mayor, County of Kauai; Mufi Hannemann, Mayor, City and County of
Honolulu; the Honorable Linda Lingle, Governer, State of Hawaii; the State Speaker of the
House and the members of the House of Representatives; the State Senate President and
members of the Senate.
Dated at Hawaii, this day of 2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ENRIQUES
FORD
I hereby certify that the foregoing RESOLUTION was by GREEN WELL
the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN
County of Hawaii on
IKEDA
NAEOLE
ATTEST: ONISHI
YAGONG
YOSHIMOTO
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
Council Chair „ Director of Council Services
Danny A. Mateo
y Ken Fukuoka
Vice-Chair
Michael J. Molina `
Council Members
Gladys C. Baisa COUNTY COUNCIL
Jo Anne Johnson COUNTY OF MAUI
Sol P. Kaho`ohalahala
Bill Kauakea Medeiros 200 S. HIGH STREET
Wayne K. Nishiki WAILUKU, MAUI, HAWAII 96793
Joseph Pontarilla www.mauicoujay.gov/cmmcil
Michael P. Victorino
March 12, 2009
Honorable Danny A. Mateo, Chair
and Members of the Council
County of Maui
Wailuku, Hawaii 96793
Dear Chair Mateo and Members:
SUBJECT: RESOLUTION OPPOSING HB 1226, HD 1, RELATING TO
GENETICALLY MODIFIED PLANT ORGANISMS;
MARCH 20, 2009 COUNCIL MEETING (PAF 09-072)
Please find attached a proposed resolution entitled "URGING OPPOSITION TO HOUSE
BILL NO. 1226, HD 1, RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS".
The purpose of the proposed resolution is to urge the State legislators to oppose this measure that
would prohibit the counties from exercising home rulemaking authority.
At the Council meeting of March 20, 2009, I intend to make the following motions:
First, I intend to move that the attached proposed resolution, entitled "URGING
OPPOSITION TO HOUSE BILL NO. 1226, HD 1, RELATING TO GENETICALLY
MODIFIED PLANT ORGANISMS", be ADOPTED.
Second, I intend to move that this communication be FILED.
Thank you for your consideration. Should you have any questions or require
clarification, please contact me.
Sincerely,
SOL P. KAHO'OHALAHALA
Council Member
paf:09.072b:scj
Attachment
Resolution
No.
URGING OPPOSITION TO HOUSE BILL NO. 1226,
HD I, RELATING TO GENETICALLY MODIFIED
PLANT ORGANISMS
WHEREAS, House Bill No. 1226, HD1, preempts any county regulatory action
that bans or restricts certain activities relating to genetically modified plant organisms,
except any county ordinance that became effective before January 1, 2009; and
WHEREAS, thus far, the Council has not enacted legislation relating to
genetically modified plant organisms; and
WHEREAS, this measure has passed third reading by the House of
Representatives and is currently pending before the Senate; and
WHEREAS, Maui County Representatives Mele Carroll, Angus McKelvey,
Gilbert Keith-Agaran, and eleven other state representatives voted "no" on the measure;
and
WHEREAS, this bill prohibits all county regulatory action related to banning or
otherwise regulating the planting, growing, testing, advertisement, labeling, packaging,
handling, transportation, distribution, use, notification of use, certification, or registration
of any genetically modified plant organism; and
WHEREAS, scientific research on this matter remains in its infancy and this
preemptive measure disallows any county regulation that may arise based upon future
scientific findings; and
WHEREAS, the delicate nature of Hawaii's unique ecosystems, and the health,
safety, and welfare of Hawaii's residents are best maintained and protected by its
respective counties; and
WHEREAS, by permitting the State to exact land use regulatory limits on the
counties relating to this highly controversial matter, this measure usdrps county authority
and repudiates home rule principles, without just cause; now, therefore,
Resolution No.
BE IT RESOLVED by the Council of the County of Maui:
1. That it hereby urges opposition to House Bill No. 1226, HD1, in order to
protect and preserve the counties' home rule authority; and
2. That certified copies of this resolution be transmitted to the Honorable
Charmaine Tavares, Mayor, County of Maui; the Honorable Linda Lingle,
Governor, State of Hawaii; the State Speaker of the House and members
of the House of Representatives; the State Senate President and members
of the Senate; Dr. Lorrin Pang, Maui District Health Officer, State
Department of Health; and Bonnie Bonse.
paf:09-072a:kcw
HOUSE OF REPRESENTATIVES 1226
TWENTY-FIFTH LEGISLATURE, 2009 H .B . NO. H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to address
2 genetically modified plant organisms. More specifically, this
3 Act preempts any state administrative regulatory action or
4 county regulatory action that bans or restricts certain
5 activities relating to genetically modified plant organisms.
6 This Act, however, provides an exception from the
7 preemption. This Act states that it is not superior to any
8 county ordinance that became effective before January 1, 2009,
9 that makes it unlawful for any person to take certain actions
10 relating to particular species of genetically engineered plant
11 organisms. This Act is not intended to supersede or nullify
12 such a county ordinance. The legislature finds that ordinance
13 No. 08-154 of the county of Hawaii is such an ordinance.
14 This Act also provides another exception from the
15 preemption by stating that it is not superior to any state
16 statute that prohibits the development, testing, propagation,
17 release, importation, planting, or growing in the State of
18 Hawaii of any genetically modified Hawaiian taro. This Act is
HB1226 HD1 HMS 2009-2801
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Page 2 H. B. NO. H1226
.D 1
1 not intended to supersede, nullify, or implicitly repeal such a
2 state statute.
3 SECTION 2. The Hawaii Revised Statutes is amended by
4 adding a new chapter to be appropriately designated and to read
5 as follows:
6 "CHAPTER
7 GENETICALLY MODIFIED PLANT ORGANISMS
8 § -1 Definitions. For the purposes of this chapter:
9 "County regulatory action" means a county ordinance,
10 charter provision, rule, permit condition, or executive or
11 administrative directive or order.
12 "Genetic modification" means alteration to a life form or
13 its living progeny at the nucleic acid level using the
14 techniques collectively referred to as recombinant DNA
15 technology.
16 "Growing" includes cultivating, propagating, and raising.
17 "Recombinant DNA technology" means the transfer of genes,
18 regulatory sequences, or nucleic acid between hosts by the use
19 of vectors or laboratory manipulations and includes the
20 insertion, excision, duplication, inactivation, or relocation of
21 specific genes, regulatory sequences, or sections of nucleic
22 acid. The term does not apply to a material or an organism
HB1226 HD1 HMS 2009rr-2801rr
Page 3 H. B. NO. 1226
H.D. 1
1 developed exclusively through traditional methods of breeding,
2 hybridization, or nondirected mutagenesis.
3 "State administrative regulatory action" means a state
4 rule, permit condition, or executive or administrative directive
5 or order.
6 5 -2 Prohibition of state administrative regulatory
7 action. (a) No state administrative regulatory action shall
8 ban or restrict a person from genetically modifying within the
9 State any plant organism if the genetic modification is
10 performed in accordance with a valid permit from the relevant
11 federal agency.
12 (b) Except as provided under subsection (c), no state
13 administrative regulatory action shall ban or restrict a person
14 from testing, planting, or growing within the State any
15 genetically modified plant organism; provided that, if a valid
16 permit from a federal agency is required for testing, planting,
17 or growing the genetically modified plant organism, the person
18 shall perform the testing, planting, or growing in accordance
19 with the permit.
20 (c) A state administrative regulatory action may regulate
21 the testing, planting, or growing of a plant organism in a
22 manner not discriminatory against any genetically modified plant
HB1226 HD1rHMS 2009-2801
.D.
Page 4 H. B. NO. H1226
.D 1
1 organism. A state administrative regulatory action shall be
2 deemed "discriminatory against any genetically modified plant
3 organism" if the action has a prohibitory or regulatory effect
4 on a genetically modified plant organism that differs from the
5 effect on a similar non-genetically modified plant organism.
6 (d) Any state administrative regulatory action in
7 contravention of this section shall be void as against public
8 policy.
9 S -3 Preenption of county regulatory action. (a)
10 Except as otherwise provided under section -5, no county
11 regulatory action shall ban or otherwise regulate the genetic
12 modification of any plant organism.
13 (b) Except as provided under subsection (c) or section
14 -5, no county regulatory action shall ban or otherwise
15 regulate the planting, growing, testing, advertisement,
16 labeling, packaging, handling, transportation, distribution,
17 use, notification of use, certification, or registration of any
18 genetically modified plant organism.
19 (c) A county zoning ordinance or land use permit condition
20 may regulate agricultural uses and activities at a site in a
21 manner not discriminatory against any genetically modified plant
22 organism. A county zoning ordinance or permit condition shall
HB1226 HD1 HMS 2009-2801
Page 5 H. B. NO. 1226
H.D. 1
1 be deemed "discriminatory against any genetically modified plant
2 organism" if the ordinance or permit condition has a prohibitory
3 or regulatory effect on a genetically modified plant organism
4 that differs from the effect on a similar non-genetically
5 modified plant organism.
6 (d) Any county regulatory action in contravention of this
7 section shall be void as against public policy.
8 3 -4 Court proceedings to enforce chapter. (a) If the
9 attorney general reasonably believes that a state administrative
10 regulatory action or a county regulatory action violates section
11 -2 or section -3, as applicable, the attorney general may
12 commence appropriate action in circuit court to invalidate the
13 state administrative regulatory action or the county regulatory
14 action.
15 (b) Any other person who is or may become aggrieved by a
16 state administrative regulatory action or a county regulatory
17 action that violates section -2 or section -3, as
18 applicable, may join in the action filed by the attorney general
19 or file the person's own action in circuit court to invalidate
20 the state administrative regulatory action or the county
21 regulatory action.
HH1226 HD1 HMS 2009-2801
111111111111111111111101111
Page 6 H. B. NO. 1226
H.D. 1
1 S -5 Exceptions. (a) This chapter shall not be
2 superior to any county ordinance that:
3 (1) Took effect before January 1, 2009; and
4 (2) Made it unlawful for any person to test, propagate,
5 cultivate, raise, plant, grow, introduce, or release
6 particular species of genetically engineered plant
7 organisms.
8 The provisions of the county ordinance relating to the
9 particular species of genetically engineered plant organisms
10 shall not be affected by this chapter.
11 (b) This chapter also shall not be superior to any state
12 statute that prohibits the development, testing, propagation,
13 release, importation, planting, or growing within the State of
14 Hawaii of any genetically modified Hawaiian taro."
15 SECTION 3. This Act shall take effect on July 1, 2009.
HB1226rHD1 HMS 2009rr-2801rr
H. B. NO. 1226
H.D. 1
Report Title:
Genetically Modified Organisms; Preemption; Exceptions
Description:
Prohibits state administrative regulatory actions and county
regulatory actions from banning or otherwise regulating
activities related to genetically modified plant organisms, with
certain exceptions (HB1226 HD1)
HB1226 HD1 HMS 2009-2801