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HomeMy WebLinkAboutCOM 1071.000 1996-1998 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu Y ~ uV ~ J ovember 6, 1998 To: James Arakaki, Chairman and Members of the Hawaii County Council From: Al Smith, Vice President Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting - October 23, 1998 The following highlights of the HSAC Executive Committee meeting of October 23, 1998 are hereby submitted. The Secretary's Minutes of the Executive Committee August 27, 1998 were approved and placed on file (Attached for information). 'The Treasurer reports for the months of August and September 1998 were approved and placed on file (Attached for information). Under NACo Reports, a memorandum from Diane S. Shea, Associate Legislative Director, dated September 21, 1998 on events before Environment, Energy and Land Use, to Environment, Energy and Land Use Steering Committee was placed on file (Attached for information). ) Under New Business, two new proposals were referred to the Counties for consideration. The first referral is a proposed resolution supporting the Western Governors Association (WGA) and NACo "ENLIBA" t Policy regarding a balanced environmental concept for the new millennium. Included for your consideration is a proposed HSAC resolution along with supporting documentation on the "ENLIBRA" policy and its principles (Attached for information, Action Requested). The second referral is a proposal to support the establishment of collaborative partnerships between the College of Tropical Agriculture and Human Resources (CTAHR) and the counties of the State of Hawaii. Included for your consideration is a proposed HSAC resolution supporting the establishment of these partnerships. It is my recommendation, however, that this resolution be deferred subject to comments by the administration because of an implied commitment of county funds (Attached for information, Action Requested). Finally under Announcements, members were reminded that the HSAC General Membership Meeting and Mid-Year conference will be on Kauai on December 3 & 4, 1998. Registration forms are available from my staff. Attachments OomnL No. i ..d ilia No. / .Ref. Tol F Ci ; ~s fed. NOV 0 6 1998 10/14/98 WED 16:01 FAX 808 243 7686 MAUI COUNTY COUNCIL L M003 Hawaii State Association of Countries Counties of Kauai. Maui and Hawaii. City & County of Honolulu raw- August 27, 1998 Honolulu Council Committee Meeting Room City Hall Honolulu, Hawaii 1. CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 10:00 a.m. The following members present made up a quorum: City and County of Honolulu: President Rene Mansho - ' Staff Joan Harper Staff Andrew Sekine Staff Ann Thornock County of Maui: Secretary Dennis Nakamura `Staff David Raatz County of Kauai: Treasurer:Rdh Kouchi Staff Cyndi Ayonori County of Hawaii: Vice President AI Smith Staff Gerald Monden . Other Attendees: Ms. Lorrie Campbell Mr. Jeff Garland Mr. Sean McLaughlin;: Ms. Carol Nakamura. If. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the June 9, 1998 meeting of the HSAC Executive" Committee were approved. III. TREASURER'S REPORTS The Treasurer's Reports for the months of May 1998, June 1998, and July 1998 were approved. Upon the Treasurer's recommendation, the Executive Committee voted to reimburse Calvin Azama of the Honolulu Office of Council Services for a 10/14/98 WED 16:02 FAY 808 243 7686 MAUI COUNTY COUNCIL ~ 004 e $1,000 grant he made to HSAC for the HSAC Mid-year Conference in December 1992. IV. REPORTS A. Executive Committee Reports The following Executive Committee Reports were placed on file: 1. From All Smith, Secretary-Treasurer, to President Mansho, dated June 9, 1998, regarding approval of the annual HSAC budget for fiscal year 1998-1999. 2. From Al Smith, Secretary-Treasurer, to President Mansho, dated June 9, 1998, regarding approval of the proposed slate of HSAC Officers for Fiscal Year 1998-1999. B. County Reports The following County Reports were placed on file: 1. From Daryl T. Yamamoto, Maui County Clerk to President Mansho, dated June 9, 1998, acknowledging adoption of: a. Committee Report 98-80 concerning slate of HSAC officers and nominations for NACo and WIR Board of Directors for Fiscal Year 1998-1999; b. Committee Report 98-81 concerning HSAC budget for Fiscal Year 1998-1999. 2. From Ernesto G. Pasion, Kauai Deputy Clerk to President Mansho, dated June 15, 1998, acknowledging: a. Adoption of Resolution 34-98, concerning support for the proposed amendment to the Internet Tax Freedom Act; b. Adoption of Resolution 35-98, concerning support for NACo's position opposing federal preemption of local zoning authority over satellite broadcast and cellular phone antennas; and c. Adoption of Resolution 36-98, concerning support for the NACo platform on the Intermodal Surface Transportation Efficiency Act (ISTEA). 610/14/98 WED 16:03 FAX 808 243 7686 MAUI COUNTY COUNCIL 10005 3. From Donald Ikeda, Hawaii County Clerk to President Mansho, dated June 19, 1998, acknowledging: a. Adoption of Resolution 273-98, concerning NACo's platform on ISTEA; b. Adoption of Resolution 274-98, supporting NACo's position opposing federal preemption of local zoning authority over satellite broadcast and cellular phone antennas; and c. Adoption of Resolution 275-98, supporting the proposed amendment to the Internet Tax Freedom Act. 4. From Daryl T. Yamamoto, Maui County Clerk to President Mansho, dated July 20, 1998, acknowledging adoption of Committee Report No. 98-115, which requests that HSAC include a bill to authorize the respective county clerks to implement vote-by-mail elections for county elections in its 1999 HSAC Legislative Package. C. NACo Reports The following NACo Reports were placed on file: 1. Minutes, NACo/NACoRF Board of Directors Meeting, Western Interstate Regional Conference, Juneau, Alaska, May 22, 1998. 2. 'Memorandum from Diane S. Shea, Associate Legislative Director, Environment, Energy and Land Use, to Environment, Energy and Land Use Steering Committee and State Association Executive Directors, dated July 27, 1998, providing a monthly legislative/regulatory briefing. In addition, Ron Kouchi reported that the NACo Board of Directors would be meeting in North Carolina in December (after the HSAC Mid-year Conference). V. UNFINISHED BUSINESS A. Support for NACo's Position Opposing Federal Preemption of Local Zoning Authority over Satellite Broadcast on Cellular Phone Antennas 10/14/98 WED 16:04 FAX 808 243 7686 MAUI COUNTY COUNCIL 10006 c The purpose of this item is to act on a resolution supporting NACo's position opposing federal preemption of local zoning authority over satellite broadcast on cellular phone antennas. Pending action by Maui County, this item was deferred. B. Support for the Proposed Amendment to the Internet Tax Freedom Act The purpose of this item is to act on a resolution supporting NACo's endorsement of the proposed amendment to the Internet Tax Freedom Act. Pending action by Maui County, this item was deferred. VI. NEW BUSINESS A. Discussion of Proposals for the 1999 HSAC Legislative Package Dennis Nakamura provided the Executive Committee with a communication dated August 27, 1998 submitting the following proposals for the 1999 HSAC Legislative Package: 1. Proposed bill to clarify legislative bodies' subpoena power (proposed by Maui County Councilmember J. Kalani English). 2. Proposed bill to provide liability relief for county skateboard parks (proposed by Maui County Councilmembers Dennis Nakamura and Charmaine Tavares). 3. Proposed bill to authorize county clerks to conduct vote-by- mail elections (proposed by Maui County Council). The Executive Committee voted to refer the following proposals for the 1999 HSAC Legislative Package to the counties for their approval: 1. Proposed bill to clarify legislative bodies' subpoena power. 2. Proposed bill to provide liability relief for county skateboard parks. B. 1999 HSAC Legislative Program Policy Statement The draft 1999 HSAC Legislative Program Policy Statement was referred to the counties for their approval. 10/14/98 WED 16:05 FAY 808 243 7686 MAUI COUNTY COUNCIL E00 n C. HSAC Nominations for NACo and WIR Board of Directors for Fiscal Year 1998-1999 Maui County has approved the nominations of Ron Kouchi (NACo Board of Directors), Rene Mansho (WIR Board of Directors), and Dennis Nakamura (NACo Board Minority At-Large Member). Pending approval by Hawaii County, the City and County of Honolulu, and Hawaii County, this item was deferred. D. Telecommunications Concerning Cable Franchise Authority. Jeff Garland, of Hawaii Public Access Media, and Sean McLaughlin, Executive Director of Akaku: Maui Community Television, presented the Executive Committee with information regarding current and potential uses of community media, including public-access television and the Internet. They further informed the Executive Committee that, pursuant to State law, the State government collects and administers all cable-franchise fees, whereas in other states such fees are generally the province of local governments. The presenters suggested that HSAC and the respective county councils consider requesting that the State Legislature provide the counties with (1) some portion of the revenues from cable-franchise fees; and (2) the authority to establish community-media policies and programs within each county. The HSAC Executive Committee thanked Messrs. Garland and McLaughlin for their presentation and suggested that they contact the respective councils about making similar presentations in each county. VII. COMMUNICATIONS The following communications were placed on file: A. From Dennis Y. Nakamura, HSAC Secretary, to President Mansho, dated July 28, 1998, regarding financial report for the 1998 HSAC year-end conference. B. From Javier Gonzales, Santa Fe County Commissioner, to Rene Mansho, dated July 30, 1998, regarding his serving as Second Vice-President of NACo. C. From President Mansho to NACo, dated July 16, 1996, regarding 1998-1999 NACo Steering Committee Nominations. , 10/14/98 WED 16:06 FAX 808 243 7686 MAUI COUNTY COUNCIL V008 VIII. ANNOUNCEMENTS A. The HSAC Mid-year Conference will be on Kauai, December 3-4, 1998. B. The next HSAC Executive Committee meeting will be on October 23, 1998 at 9:00 a.m. in the Honolulu Council Committee Meeting Room. C. Lorrie Campbell and Carol Nakamura of the Hawaii Visitors and Convention Bureau (HVCB) announced that HVCB is preparing a bid to have Honolulu host the NACo Annual Conference in 2005. HVCB is seeking the support of the councils and mayors in this effort. NACo Executive Director Larry Naake accepted HVCB's invitation to attend the opening of the Hawaii Convention Center in June, and it appears that NACo is interested in coming to Hawaii for a future conference. D. The tentative schedule for future HSAC conferences will be announced at the next Executive Committee meeting. IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 12:00 p.m. Very Truly Yours, DENNIS Y. NAKAMURA Secretary Hawaii State Association of Counties ocs:hsac:981014a:dr Y Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City & County of Honolulu September 25, 1998 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period August 1 through August 30, 1998. Very truly yours, A vez- RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. 0 T c~ Z~ C'7 : n ~ o U; 0 HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: August 1 through August 31, 1998 FUND BALANCE AT BEGINNING DATE $28,987.37 This Yearto Period Date Budget Receipts 001 Membership Fees $0.00 $0.00 $28.000.00 010 Conference Income $5,273.44 $5,273.44 $6,000.00 030 Interest Income $94.76 $181.78 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $5,368.20 $5,455.22 $35,300.00 TOTAL RECEIPTS THIS PERIOD $5,368.20 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Audting Services $0.00 $0.00 $4,750.00 203 Stationery $0.00 $0.00 $1,000.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees , 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0.00 $0.00 $9.000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $0.00 $19,524.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3.000.00 502 Promotional $0.00 $0.00 $SOO.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 601 FY 97-98 Annual $0.00 $0.00 $0.00 602 FY 98-99 Mid Year $0.00 $0.00 $0.00 603 FY 98-99 Annual $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $46,074.00 TOTAL EXPENSES THIS PERIOD $0.00 FUND BALANCE AT END OF PERIOD $34,355.57 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu r t October 7, 1998 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period September I through September 30, 1998. Very truly yours, AU(6- RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. O 7-HSAC 1:trltr. 7 L:ca/ao HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: September 1 through September 30, 1998 FUND BALANCE AT BEGINNING DATE $34,355.57 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $0.00 $28,000.00 010 Conference Income $0.00 $5,273.44 $6,000.00 030 Interest Income $97.45 $279.23 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $97.45 $5,552.67 $35,300.00 TOTAL RECEIPTS THIS PERIOD $97.45 Disbursements Executive Committee 201 Travel $99.00 $99.00 $3,300.00 202 Auditing Services $0.00 $0.00 $4,750.00 203 Stationery $0.00 $0.00 $1,000.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $585.00 $585.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $0.00 $19,524.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 601 FY 97-98 Annual $0.00 $0.00 $0.00 602 FY 98-99 Mid Year $0.00 $0.00 $0.00 603 FY 98-99 Annual $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $684.00 $684.00 $46,074.00 TOTAL EXPENSES THIS PERIOD $684,00 FUND BALANCE AT END OF PERIOD $33,769.02 i NA O National Association of Counties MEMORANDUM TO: Environment, Energy and Land Use Steering Committee State Association Executive Directors Other interested parties FROM: Diane S. Shea, Associate Legislative Directo~ Environment, Energy and Land Use DATE: September 21, 1998 g RE: Monthly Legislative & Regulatory Briefing COMMITTEE BUSINESS Welcome to all of the new Steering Committee members, as well as those returning for another year. A copy of the 1998-99 Steering Committee list, along with your appointment letter and a press release is being sent to you under separate cover. For those of you that are new to the Steering Committee, this Monthly Legislative and Regulatory Briefing is intended to keep you current on what's happening on Capitol Hill and at the federal agencies with jurisdiction over energy, environment and land use issues. I encourage you to keep these memos in your file for reference, so that when a letter or phone call is needed to your congressional delegation, you will have specific background information on hand. As always, please feel free to call me at (202) 942-4269 (e-mail at dshea@naco.orr if I can answer any questions or provide additional information. Similarly, please let me hear any reactions you may have to information in this Briefing and/or examples of how these issues affect your county. SOLID AND HAZARDOUS WASTE MANAGEMENT Transfer Stations EPA may consider new federal Resource Conservation and Recovery Act (RCRA) regulations for solid waste transfer stations. At a July meeting of the National Environmental Justice Council in Philadelphia, concerns were raised by minority members that transfer stations are often located in low-income and minority 440 Rrst Street NW Washmpm. DC 20001-7000 101/3936116 Fax 101/3931630 I communities and are not regulated appropriately. (Currently, there are no federal regulations regarding transfer stations.) EPA is considering conducting fact-finding as the next step, and will report back to the Council in several months. Superfund Liability Relief Senate Majority Leader Trent Lott (R-MS) is planning to push a narrow Superfund liability relief bill for commercial recyclers and scrap metal handlers, but the bill will not address the liability concerns of counties. The majority leader apparently intends to direct the leadership of the Senate Environment Committee to move the bill, despite the Committee's unwillingness over the past several years to consider a "carve-out" from liability for other groups, such as local governments. Sen. Lott has obtained the support of Minority Leader Thomas Daschle (D-SD) to co- sponsor of the bill, along with some 40 other senators. NACo is attempting to broaden the bill to include counties and cities that delivered ordinary garbage to landfills that later became Superfund sites, or that operated landfills that were placed on the Superfund list, but thus far, no senators have been willing to sponsor NACo's amendment. A recent EPA policy that limits the liability of counties is being challenged in the courts by the Chemical Manufacturers Association and other business organizations. The policy won't be useful to counties unless it withstands legal challenges - a process that may take up to two years. Counties with Superfund concerns should contact their Senators and urge them to support the inclusion of local governments in any Superfund relief bill. EPA Supplemental Environmental Projects (STEP) Policy EPA has recently issued a policy that provides a method for environmental violators to improve their communities rather than paying a high penalty to the U.S. Treasury. In environmental enforcement cases, EPA typically requires industrial violators to come into compliance with federal statutes and to pay a civil penalty to the federal government. The SEP Policy, announced this summer, allows EPA to negotiate environmentally beneficial projects, known as SEP's, that violators can perform in their communities in exchange for a lower penalty. For example, in 1996 the city of Chicago was the recipient of $950,000 paid by a local manufacturing plant that had committed federal violations of hazardous waste and air quality laws. The city used the money to rcmediate a neighborhood brownfields site. EPA has identified seven categories of environmental projects that may qualify as SEP's, including public health, pollution prevention, environmental restoration and 2 protection, assessments and audits, environmental compliance promotion and emergency planning and preparedness. For more information on how SEP's could be used for violators of environmental laws in your county, contact Ann Kline with EPA's Office of Regulatory Enforcement, 202/564-0119. LAND USE "Religious Libertv Protection Act". On August 6, the House Subcommittee on the Constitution voted to recommend the "Religious Liberty Protection Act of 1998" (H.R. 4019) to the full Judiciary Committee. The proposed legislation, introduced by Rep. Charles Canady (R-FL) and Rep. Jerrold Nadler (D-NY), would severely limit the ability of counties and other local governments to implement land use regulations, including local zoning and historic preservation laws, which affect religious institutions. H.R. 4019 directly targets land use regulations and states that "the government may not impose a substantial burden on a person's religious exercise, unless the government demonstrates that application of the burden to the person is in furtherance of a compelling government interest and is the least restrictive means of furthering that compelling government interest." The bill has the potential to hinder a county's ability to adopt zoning laws to protect neighborhoods from traffic congestion, on and off-street parking and inappropriate locations for churches, synagogues, temples, and other religious-related structures. It also will likely take away the right of counties to enact and enforce historic landmarks laws that protect historically significant properties. The House Judiciary Committee was scheduled to take tip the bill on September 10, but postponed the markup due to the receipt of the Independent Counsel's report. Further action is possible before the Congress adjourns in early October. County officials should contact their House members to urge that the bill not reach the House floor. A companion Senate bill - S. 2148 - was introduced by Senators Orrin Hatch (R-UT) and Edward Kennedy (D-MA) on June 9 and referred to the Senate Judiciary Committee which held a hearing on the bill on June 23. SAFE DRINKING WATER ACT Motor Vehicle Disposal Wells EPA is considering a ban on motor vehicle waste shallow disposal wells in "source water protection areas" which have been delineated by state governments as drinking water sources. 3 t Some county road departments or motor vehicle garages may use such shallow wells to dispose of spilled gasoline and oil, waste oil, grease, engine cleaning solvents, brake and transmission fluids, and antifreeze. These fluids contain potentially harmful contaminants, often in high concentrations. EPA is considering two proposed options for motor vehicle wells and will choose one for the final rule. The first option would require owners or operators of such wells to cease using them and close the well within 1 year of the effective date of the EPA regulation or 90 days after the state completed its assessment and determination of the area as a source water protection area. States are expected to complete their source water protection projects no later than May 2003; some states have already finished the project. In any state that does not complete its source water assessments by May 2003, the new requirements would apply statewide. The second option would allow the county to receive a waiver from the ban and apply for a permit from the state that would require the waste to meet drinking water standards at the point of disposal to the well. EPA will not be notifying counties that they are within source water protection areas; counties will have to consult with their state drinking water agencies to determine if their motor vehicle disposal wells are covered by the proposed regulation. The comment deadline for the proposed regulation is September 28, 1998. Copies are available from NACo or on the EPA website at iinrvw.epa. eoi IOGWDW/niclc5-fr.prlf. For further information, contact Robyn Delehanty, EPA Office of Water, (202) 260- 1993 ordeleharrty.robyrr@epaniail.epa.gov. CLEAN WATER ACT Wetlands - Tulloch Rule In June, the Court of Appeals for the District of Columbia Circuit issued a decision declaring that the "Tulloch" rule was invalid and forbade EPA and the U.S. Army Corps of Engineers from enforcing it anywhere in the United States. The Tulloch rule, adopted by EPA and the Corps in 1993, reversed 21 years of administrative practice under which the two agencies regulated the addition of dredged or fill material to waters of the United States, but not the removal of such material. Therefore, no permit was needed for channelization of flood control canals, ditching, and general clearing of storm drainage channels. Under the Tulloch rule, EPA and the Corps redefined the term in the Clean Water Act "discharge of dredged material" to include "incidental fallback". Incidental fallback is the dirt that falls over the side of a dredged bucket when it is lifted from the water or the soil that falls from tree roots when a tree is cleared from the drainage channel into an adjacent area classified as a wetland. Because virtually all clearing activities 4 V~\ inevitably result in fallback, the result of the Tulloch rule was to require a permit for most removal activities that had not previously been regulated. During the court proceeding the Corps estimated that in some districts Tulloch rule activities accounted for 44% of all permits issued, meaning that the adoption of the Tulloch rule had increased the number of permits required by 78%. The court held that the Corps' position was unreasonable and appeared to have as its purpose the expansion of the Corps' permitting authority without authorization from Congress. The Court also permanently enjoined EPA and the Corps from applying or enforcing the Tulloch rule against anyone or anywhere in the United States. Wetlands - Nationwide Permits The U.S. Army Corps of Engineers has proposed revising certain wetlands regulations that have been used by counties to do road grading, flood and drainage channel clearing, and landfill expansions. The current law, referred to as "Nationwide Permit 26"(NWP 26), authorizes activities affecting one (1) acre or less of wetlands without notice to the Corps. Activities affecting I-10 acres of wetlands require a simple pre-construction notice to the Corps After years of complaints by environmental groups that wetlands were being negatively impacted, the Corps has proposed changes that would end NWP 26 and implement new regulations effective March 29, 1999. Replacing the current NWP 26 would be six new activity-specific nationwide permits. In general, the proposed changes would require increased environmental review by the Corps and the imposition of greater restrictions on activities affecting wetlands. The 6 activities covered by the proposed new permits are: • Residential, commercial and institutional activities • Master-planned development activities • Stormwater management facilities • Passive recreational activities • Mining activities • Reconfiguation of existing drainage ditches Several of the proposed new permits have pre-construction notification requirements to allow the Corps to review projects on a case-by-case basis. In addition, other requirements will impose compensatory wetland mitigation, address regional concerns regarding impacts on watersheds, and protect endangered species. Hearings are currently being held in various districts nationwide. 5 TEA-21 Funding For Water/Land Use Proiects The recently-adopted federal highway bill, termed "TEA-21" for the Transportation Act for the 21" Century", contains a 40% increase in highway construction funds over the next six years. Less well known about the law, however, is that it includes a number of new provisions with the potential to make those highways more environmentally friendly. For example, there is a major expansion of both funding and eligibilities for the Transportation Enhancement Program. This provides money for such projects as bicycle and pedestrian facilities and paths, historic preservation, and rails-to-trails projects. Two important new eligibilities are to mitigate water pollution from highway runoff and to purchase scenic easements. There are new provisions to use mitigation banking for the loss of not only wetlands, but also other natural habitats. Impacts from past transportation projects can also be offset by the use of funds for wetlands restoration, enhancement and creation. Section 1108 of the new law allows up to 20% of funds to be used for environmental restoration and pollution abatement associated with highway reconstruction, rehabilitation, resurfacing and restoration projects, including stormwater management and riparian and wetlands restoration. Section 1221 sets up a new pilot program on Transportation and Community and System Preservation. Funded at $25 million in FY 1998 and $20 million in 1999, the provision allows states, metropolitan areas and local governments to plan, develop, and implement strategies to integrate transportation with community preservation. The success of the environmental provisions in TEA-21 will depend upon how well local governments convince states to involve them early enough in highway planning to deal with alternative ways of accomplishing projects. It is important that county officials attend the DOT "Listening Sessions" and Seminars on TEA-21 that will take place in the coming months, as well as contacting state highway officials. More information about the environmental provisions of TEA-21 can be found at wwtiv Rtvva dot ¢ov/tea2//smnenvir.hun. 6 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu SUPPORTING THE WGA AND NACO "ENLIBRA" POLICY REGARDING A BALANCED ENVIRONMENTAL CONCEPT FOR THE NEW MELLENNIUM. WHEREAS, we are facing a new millennium, and improving the environment and continuing economic vibrancy are high priorities; and WHEREAS, there continues to be dynamic policy tension between polarized groups on the best methods for enhancing the environment and economic activity; and WHEREAS, the Western Governments Association (WGA) has adopted a new set of environmental principles for addressing these issues, called "Enlibra," which derives from the Latin "en," meaning "moving toward," and "libra," meaning "balance;" and WHEREAS, these principles are enumerated as follows: 1. National Standards/local Solutions 2. Collaboration, not polarization 3. Reward results, not programs 4. Science for facts, process for priorities 5. Markets before mandates 6. Change a heart, change a Nation 7. Recognize benefits and costs 8. Solutions transcend political boundaries and WHEREAS, nationally, counties through the National Association of Counties (NACo) policy process have endorsed these principles for many years; now, therefore, BE IT RESOLVED by the Hawai'i State Association of Counties that it endorses the principles of "Enlibra" as adopted by the Western Governors Association and endorsed by the National Association of Counties as the conceptual framework for stewardship for the new millennium; and BE IT FINALLY RESOLVED that a certified copy of this Resolution be transmitted to the Western Governors Association and the National Association of Counties. 98001.htm at www.westgov.org Page 1 of 4 Western Governors' Association February 24, 1998 Policy Resolution 98 - 001 SPONSORS: Governors Leavitt, Kitzhaber, Geringer, and Knowles SUBJECT: Principles for Environmental Management in the West A. BACKGROUND 1. Throughout the 1990s, the population growth rate in the Western United States has surpassed that of every other region of the country. Much of this increase is fueled by in-migration to the West, both from other regions of the United States and from outside the country. The West's population increased by over six million with nine out of the ten fastest growing states in the nation. Migrants to the West seek a better quality of life, as measured by better jobs, a cleaner environment, open spaces and recreational opportunities, strong and safe communities, and a brighter future for their children, while current residents seek to protect these same qualities. Paradoxically, it is growth that both energizes the current economic prosperity and threatens the other qualities Western citizens seek to protect. 2. At the same time, the economy of the West has changed dramatically. While its historic base of natural resource-related industries such as farming, fishing, mining, wood products, and tourism remain central to its economy, the West has diversified and now counts telecommunications, recreation services, transportation, information technologies, software and entertainment companies among its larger employers. Furthermore, all Western businesses now compete in a robust international economy that demands superior performance for businesses to survive. 3. Population mobility and growth, new businesses, rapid communications and the attendant increased diversity in values are changing political dynamics in the region. These forces make policy-making more complex and difficult, occasionally hardening positions on issues and polarizing public debate. Often, inflexible federal requirements compound the problem and help create a zero-sum atmosphere surrounding environmental issues. 4. As these trends continue, we must find new ways to vest our citizens with policies that both protect the heritage and traditions in the West that are valued and advance the kind of development that will maintain the region's extraordinary quality of life. 5. The nature of environmental and natural resource problems is changing. As large, easily identified sources of pollution are controlled, the threat to the environment has shifted to diffuse, numerous, and smaller scale sources that are more difficult to control through enforcement-based command and control regulation. Agricultural consolidation and fragmentation due to dispersed development have affected land-use patterns, threatening good stewardship born of locally controlled, and economically sustainable agriculture. 6. New computer and communications technologies, as well as new environmental monitoring and characterization technologies, create opportunities for implementing innovative solutions for preserving and enhancing the environment and communities of the West. In addition, the accelerating pace of technological change makes even more imperative the need to avoid mandated technological solutions. Innovative solutions hold the prospect of achieving the desired environmental outcome and increasing economic wealth. http://www.westgov.org/wga/policy/98001.htm 10/30/98 98001.htm at www.westgov.o, Page 2 of 4 7. During the 1990s, the Western governors have experimented with a variety of ways to improve management of the natural resources of the West. Valuable lessons have been learned from regional, interstate projects and public-private partnerships such as development of the Park City Principles for Water Management, the Great Plains Partnership, the Grand Canyon Visibility Transport Commission and from individual state efforts such as The Oregon Plan for Salmon and Watersheds, the Texas Regional Water Supply Planning Process, Trails and Recreational Access for Alaska and the Wyoming Open Lands Initiative. These efforts have demonstrated that the environmental strategies that work best have strong governors' commitment, vested local support, and federal collaboration. B. GOVERNORS' POLICY POSITION 1. Based on extensive state and regional experience, the Western governors commit to a new doctrine to guide natural resource and environmental policy development and decision-making in the West. That doctrine is based upon the principles below, each of which is dependent upon the others. The integration of these principles is critical to their interpretation and the success of the new doctrine. National Standards, Neighborhood Solutions - Assign Responsibilities at the Right Level The federal government is responsible for setting environmental standards for national efforts. These standards should be developed in consultation with the states and in the form of scientifically justified outcomes. National standards for delegated programs should not include prescriptive measures on how they are to be met. States should have the option of developing plans to meet those standards and ensuring that the standards are met. Planning at the state level is preferable because it allows for greater consideration of ecological, economic, social and political differences that exist across the nation. A state can tailor its plans to meet local conditions and priorities, thereby ensuring broad community support and ownership of the plans. States can also work together to address conditions and issues that cross their boundaries. It is appropriate for the federal government to provide funds and technical assistance within the context of a state plan to achieve national standards. In the event that states do not want to develop their own plans the federal government should become more actively involved in meeting the standards. Collaboration, Not Polarization - Use Collaborative Processes to Break Down Barriers and Find Solutions The old model of command and control, enforcement based programs is reaching the point of diminishing returns. It now frequently leads to highly polarized constituencies that force traditional actions by governmental authorities without first determining if they are the most effective ways to protect environmental values. Successful environmental policy implementation is best accomplished through balanced, open and inclusive approaches at the ground level, where interested public and private stakeholders work together to formulate critical issue statements and develop locally based solutions to those issues. Collaborative approaches often result in greater satisfaction with outcomes, broader public support, and lasting productive working relationships among parties. Additionally, collaborative mechanisms may save costs when compared with traditional means of policy development, and can lessen the chance that an involved party will dispute a final result. To be successful however, and given the often local nature of collaborative processes, private and public interests must provide resources to support these efforts. http://www.westgov.org/wga/policy/98001.htm 10/30/98 98001.htm at www.westgov.org Page 3 of 4 Reward Results, Not Programs - Move to a Performance-Based System Everyone wants a clean and safe environment. This will best be achieved when government actions are focused on outcomes, not programs, and when innovative approaches to achieving desired outcomes are rewarded. Federal and state policies should encourage "outside the box" thinking in the development of strategies to achieve desired outcomes. Solving problems rather than just complying with programs should be rewarded. Science For Facts, Process for Priorities - Separate Subjective Choices from Objective Data Gathering Competing interests usually point to the science supporting their view. It is best to try to reach agreement on the underlying facts surrounding the environmental question at hand before trying to frame the choices to be made. Using credible, independent scientists can help in this process and can reduce the problem of "competing science" but it may not eliminate it. There comes a time in the collaborative process when the interested stakeholders must evaluate the scientific evidence on which there may be disagreement and make difficult policy decisions. Markets Before Mandates - Replace Command and Control with Economic Incentives Whenever Appropriate While states and most industries within the states want to protect the environment and achieve desired environmental outcomes at the lowest cost to society, many federal programs require the use of specific technologies and processes to achieve these outcomes. Reliance on the threat of enforcement action to force compliance with technology or process requirements may result in adequate environmental protection. Such prescriptive approaches, however, reward litigation and delay; cripple incentives for technological innovation; increase animosity between government, industry and the public; and increase the cost of environmental protection. Market-based approaches and economic incentives which send appropriate price signals to polluters would result in more efficient and cost-effective results and may lead to quicker compliance. Change A Heart, Change A Nation - Environmental Understanding is Crucial Governments at all levels can develop policies, programs and procedures for protecting the environment. Yet the success of these policies ultimately depends on the daily choices of our citizens. Beginning with the nation's youth, people need to understand their relationship with the environment. They need to understand the importance of sustaining and enhancing their surroundings for themselves and future generations. If we are able to achieve a healthy environment, it will be because citizens understand that a healthy environment is critical to the social and economic health of the nation. Government has a role in educating people about stewardship of natural resources. One important way for government to promote individual responsibility is by rewarding those who meet their stewardship responsibilities, rather than imposing additional restrictions on their activities. Recognition of Benefits and Costs - Make Sure Environmental Decisions are Fully Informed The implementation of environmental policies and programs should be guided by an assessment of the costs and benefits of different options and a determination of the feasibility of implementing the options. The assessment of the feasibility of implementing options should consider the social, legal, economic, and political factors and identify a viable strategy for addressing the major costs. http://www.westgov.org/wga/policy/98001.htm 10/30/98 98001.htm at www.westgov.o• Page 4 of 4 Solutions Transcend Political Boundaries - Use Appropriate Geographic Boundaries for Environmental Problems Many of the environmental challenges in the West span political and agency boundaries. Challenges may be circumscribed by specific transboundary water or air sheds, and their solutions may better be defined by the geography of certain markets or biologic factors rather than by the geography of a single political jurisdiction. Recognizing these factors voluntary interstate strategies as well as other partnerships may be an important tool in the future. 2. The Western governors call on the leaders in the public and private sector as well as Native American leaders, Congress and the Administration to embrace these principles in their environmental policy and decision-making. C. GOVERNORS' MANAGEMENT DIRECTIVE 1. WGA staff shall distribute this resolution to the President; Vice President; the Council on Environmental Quality; the Administrator of the Environmental Protection Agency; the secretaries of Interior, Energy and Agriculture; the chairmen and ranking minority leaders of the relevant committees of Congress; the Western delegation to Congress; Western tribal leaders; leaders of business associations and environmental institutions; and interested CEOs. 2. Governors direct WGA to incorporate these principles into its projects and activities in environmental and natural resources policy development and to work with the states to identify specific areas where they have been demonstrated and adopted or may be in the future. 3. Governors direct WGA to communicate the commitment of the governors to these principles to organizations, institutions and media concerned with environmental protection and natural resources management and to seek opportunities to expand their practical application in regional policy development and programs. http://www.westgov.org/wga/policy/98001.htm 10/30/98 enlibra.htm at www.westgov.or Paget of 3 ENLIBRA: A NEW SHARED DOCTRINE FOR ENVIRONMENT MANAGEMENT QUESTIONS AND ANSWERS What is the name of the new shared doctrine for environ management? Enlibra, a newly created word meaning balance and stewards authors of the new doctrine believe Enlibra will become a sy a balanced approach to successful environmental manageme What is the history of the new shared environmental doct Enlibra? As Western governors have struggled with a range of environ problems, it has become evident that there are common princ underlying the most promising approaches and successful sol they have developed. These principles form the basis of a ne doctrine for environmental management. The doctrine speaks greater participation and collaboration in decision making, to outcomes rather than just programs, and recognizes the need variety of tools beyond regulation that will improve environ management. Utah Governor Mike Leavitt (R) and Oregon G John Kitzhaber (D) took the lead in developing this shared se principles that were agreed upon as policy of the Western Go_ Association. The Governors gravitated to this new doctrine because they r environmental improvements coming out of polarized situati However, when communities, states or regions are able to ide shared goals, progress is made. They believe the principles can help the West successfully de increasingly complex environmental problems. This complex function of both the global economy we are a part of and its a dramatically influence our economy and communities, as wel many dimensions to environmental problems that were not w understood or anticipated when many of the environmental la written nearly 25 years ago. The Governors recognize that to succeed at environmental management we need to empower people to do the right thin requires good information; inclusive processes that respect di values and provide individuals a role in designing and imple solutions; and meaningful incentives to complement existing The Governors believe the principles that they came up with, taken together, offer the best promise for solving environmen problems today and tomorrow. What is the purpose of the new shared environmental doe Enlibra? While the last 25 years of environmental management have s http://www.westgov.org/wga/initiatives/enlibra.htm 10/30/98 enlibra.htm at www.westgov.i Page 2 of 3 major environmental successes, the easy targets are gone and a growing emotion and polarization among interested parties. generally agree about the need to protect the environment an natural resources. Unfortunately groups representing extreme positions have largely shaped environmental management an environmental debate. Today there is no symbol for the midd the majority of citizens who believe that the environment and natural resources can be protected while at the same time pro recreational and employment opportunities for citizens. Enlib be that symbol for the middle. The governors believe that the principles espoused in this sha doctrine, developed through their personal experiences and t collective experiences of others over the past 25 years, provi collection of tools that, if employed, will result in improved expedited environmental decision-making and implementatio believe that the doctrine, though created largely based on exp in the West, can serve as a tool for environmental manageme the nation. What Enlibra is not: 1. Enlibra does not represent a rejection of the goals and obje Federal environmental laws such as the Endangered Species Clean Water Act. \Vestern Governors' 2. It is not a rejection of the need for national environmental 1rYi1 Association 3. This shared doctrine does not represent a rejection of the 1 role of the federal government in regulation and enforcement What are the principles that form the doctrine Enlibra'' National Standards, Neighborhood Solutions Assign Responsibilities at the Right Level Collaboration, Not Polarization Use Collaborative Process Break Down Barriers and Find Solutions Reward Results, Not Programs Move to a Performance-Ba System Science for Facts, Process for Priorities Separate Subjectiv Choices from Objective Data Gathering Markets Before Mandates Replace Command and Control Economic Incentives Change a Heart, Change a Nation Environmental Understa Crucial Recognition of Costs and Benefits Make Sure Environmen Decisions are Fully Informed Solutions Transcend Political Boundaries Use Appropriate Geographic Boundaries for Environmental Problems http://www.westgov.org/wga/initiatives/enlibra.htm 10/30/98 enlibra.htm at www.westgov.orl Page 3 of 3 What do the governors hope will come of the new shared Enlibra? 1. It becomes part of the American political lexicon, giving p symbol for balance and stewardship in environmental manag 2. It becomes a widely used framework for solving difficult environmental problems. 3. It becomes a philosophic foundation for balanced environ legislation. 4. It becomes a road map for discussions between regulators stakeholders. What are some examples of the new shared doctrine Enli There are numerous excellent examples from Western states, which were highlighted during the Western Governors' Asso Annual Meeting in Alaska. A few examples, listed by type of are included. Air Quality Grand Canyon Visibility Transport Commissio Species Protection Oregon Coastal Salmon Restoration Ini Desert Tortoise Habitat Conservation Planning Land Issues Utah Schools and Federal Land Exchange Species Protection High Plains Partnership Water Planning Texas Regional Water Supply Planning Pr Recreation Trails and Recreational Access for Alaska Open Lands Wyoming Open Lands Initiative Other Resources Environmental Summit Registration Form Environmental Summit Agenda Press release on the Shared Environmental Doctrine - (6/30/9 Governor Leavitt's Extended Remarks on the Shared Environ Doctrine - (6/29198) Western Governors'Association, 600 17th Street, Suite 1705 Tower, )enver, CO 80202 Phone: (303) 623-9378; Fax: (303) 534-7309 http://www.westgov.org/wga/initiatives/enlibra.htm 10/30/98 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City & County of Honolulu SUPPORTING THE ESTABLISHMENT OF COLLABORATIVE PARTNERSHIPS c BETWEEN THE COLLEGE OF TROPICAL AGRICULTURE AND HUMAN - {I RESOURCES (CTAHR) AND THE COUNTIES OF THE STATE OF HAWAII. Whereas, economic development is vital to the people of the State of Hawaii at this rime; and Whereas, agriculture, families and communities are of critical importance to the State of Hawaii; and Whereas, Hawaii's society is experiencing an increasing need for information and education on agriculture, and natural and human resources; and Whereas, the College of Tropical Agriculture and Human Resources (CTAHR) a land grant college of the University of Hawaii, has a three-fold mission of instruction, scientific research, and outreach (public service through Cooperative Extension) to address state needs; and Whereas, CTAHR's mission is a commitment to the preparation of students and all the citizens of Hawaii for life in the global community through research and educational programs supporting tropical agricultural systems that foster viable communities, a diversified economy, and a health environment; and Whereas, CTAHR has significant responsibilities, experience, and interests in diversified agriculture, and is well suited to assist in this field; and Whereas, CTAHR shares many clients with Hawaii state government agencies, federal United States Department of Agriculture agencies, and all counties in the State of Hawaii; and Whereas, the CTAHR had indicated a desire to establish collaborative partnerships among it and the counties of the State of Hawaii and the federal government to fund and support the identification, development and delivery of services for 4- H/youth, and family and community development; now, therefore, BE IT RESOLVED by the HawaN State Association of Counties that it supports the establishment of collaborative partnerships between CTAHR and the counties of the State of Hawaii; and BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Director of the CTAHR. RE: Item 3 - Qesolution 98-292 PIR Cte 2nda - 10/21/98 COOPEFATIVE EXTENSION SERVICE University of Hawaii at Manoa - College of Tropical Agriculture and Human Resources United States Department of Agriculture Cooperating Associate Director's Office 3050 Maile Way, Gilmore 203; Honolulu, HI 96822 808-956-8397; fax: (808) 956.9105; e-mail: ta_hitahr@ctarm.hawaii.edu O S ~ c~ 47> October 5, 1998 0 CIO m cam, ;n CO G C O f~l =,x v y C,? 3 Honorable Rene Mansho v - Council Member City and County of Honolulu = C= Hawaii Association of Counties ° Z n N President :3 ° T Honolulu Hale r o rn 530 South King St. c r- o. < Honolulu, Hawaii 96813 - m m Dear Council Member Rene Mansho, CO co Cooperative Extension work between the Land-Grant Colleges and the United States Department of Agriculture is authorized by the Smith-Lever Act to "aid in diffusing among the people of the United States useful and practical information on subjects relating to agriculture... and home economics and subjects thereto to persons not attending or resident in said colleges in the several communities..." The College of Tropical Agriculture and Human Resources has a federal legislative mandate with a threefold mission of instruction, scientific research, and outreach (public service through Cooperative Extension) to address State needs. We want to work with the counties to establish partnerships between the University of Hawaii and the Federal government to fund and support the identification, development and delivery of research and education programs to support agriculture and natural resources, 4-14/youth, family and community development. Funds appropriated by the counties would be utilized to develop and maintain Extension work designed for the benefit of the respective counties and conducted under the approval of the United States Department of Agriculture and in cooperation with the University of Hawaii. The funds appropriated by the counties would be budgeted for the following categories and used for the purposes indicated: Maintenance and Operation: These County funds are to be used for the usual operating costs of County offices, including telephone; office rent, if applicable; office supplies; printing; travel and subsistence; public utilities; and laboratory, field test, and demonstration materials 1605 Misc. Com. No. An Equal Opportunity / Affirmative Action Institution Visit the CfAHR Wcbsite at httpl/www.ctahchawaii.edu Program Support: These County funds are to be used to support specific programs and projects benefiting individuals, families and communities in the respective counties. Projects previously funded by the counties have included gorse weed control, small business education, transfer of zucchini cross protection technology, home horticulture education, and agriculture and environmental awareness/career days. Enclosed are copies of CTAHR Impact Reports for information about programs provided by our college. Copies of legislation related to Cooperative Extension Work, County Relationships in the state of California, and a memorandum of understanding in the state of Colorado are enclosed for your reference. Attached is a draft resolution developed with the Hawaii, Maui and Kauai County offices of economic development and the City and County of Honolulu-Department of Housing and Community Development. We would like to pursue this initiative with the Hawaii Association of Counties to join most states establishing a partnership with the Cooperative Extension and County governments and further strengthening collaboration, communication and cooperation. Your advice and support will be appreciated. Sincerely, ,t Charlotte W. Nakamura Interim Assistant Director-Extension Enclosures cc: Dr. Terry Sekioka, CTAHR Kauai and Oahu Counties Clark Hashimoto, CTAHR Maui County Dr. Wayne Nishijima, CTAHR Hawaii County Jon E. Irby, USDA-CSREES National Program Leader An Equal Opportunity / Affirmative Action Institution Visit the CTAHR Wcb Page at hap://www.ctahr.hawaii.cdu