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Home My WebLink AboutCOM 1004.001 2008-2010 DONALD IKEDA :� Phone No.: (808) 961 -8261 • Council Member " „`� ��• Fax No.: (808) 961 -8912 District 2 South Hilo i* E -mail: dikeda @co.hawaii.hi.us ',T E • OF ' NF' ' � HAWAII COUNTY COUNCIL County of Hawai`i Hawai'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 Date: November 9, 2010 To: J Yoshimoto, Chair Hawai`i County Council And Council Members From: Donald Ikeda, Chair t e Planning Committee Re: Proposed Amendments to Bill 326; Relating to the Water Use and Development Plan Bill 326 proposes numerous amendments to Chapter 29 of the Hawai`i County Code, which include provisions for the adoption, amendment, and review of the Hawai`i County Water Use and Development Plan. In its current form, Bill 326 contains drafting errors that should be addressed by the Council prior to it taking final action. The following amendments are intended to bring the Bill into good form; not to alter its meaning in any way. As such, please consider the following amendments to Bill 326, which are illustrated via Ramseyer format with respect to the contents of Bill 326, not the current provisions of the Hawai`i County Code (material to be added is underscored, material to be repealed is bracketed and stricken through): 1. Adding the enacting clause, to appear between the title and Section 1 of Bill 326, to read as follows: "BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:” Comm. No. , 0 F Ref. To: pi Ref. Date NOV 0 9 26141 Hawai`i County Is An Equal Opportunity Provider And Employer November 9, 2010 Page 2 2. Amending the prefatory language provided in Section 3 of Bill 326 to read as follows: "SECTION 3. Chapter 29, article 1, section 29 -1 through section 29 -4, of the Hawai`i County Code 1983 (2005 Edition, as amended) [is] are amended to read as follows:" 3. Amending the proposed amendments to section 29 -1 through section 29 -4 of the Hawai`i County Code, as provided in Section 3 of Bill 326, to read as follows: " "Section 29 -1. Purpose. The State [Water Code,] water code, [Chapter] chapter 174C, Hawai`i Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawai`i water plan. The contents of the County water use and development plan [is] are dictated by [Chapter] chapter 174C. The purpose of this chapter is to comply with the dictates of [Chapter] chapter 174C and adopt the [Water Use and Development Plan.] water use and development plan. Section 29 -2. Adoption of [The] the Hawai`i County [ • • . • • • • I • • .. •• • • Plum] water use and development plan. The Hawai`i County [Water Use and Development Plan] water use and development plan of August 2010, incorporated herein by reference, is hereby adopted, and any revision, amendment or modification of the same, pursuant to section 29 -3 [ef this chapter], shall be deemed a part of the plan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. Section 29 -3. Amendments. The [Department of Water Supply,] department of water supply, acting through its [Water Board,] water board, shall have the authority to amend the [Water Use and Development Plan.] water use and development plan. In amending the plan, the [Water Imo] water board shall hold one public hearing in East Hawai`i and one public hearing in West Hawai`i. The [WaterBeard] water board shall transmit the proposed revisions or amendments to the council. Within forty -five [(45 -)] days of receipt of a proposed amendment, the council shall act upon the amendment. If the council fails to act within the forty -five [(45)] days, the amendment shall be deemed approved. Section 29 -4. Plan [Review:] review. The Hawai`i County [Water Use and Development Plan] water use and development plan shall be reviewed as required by the State [Water Code (Chapter 171C, Hawai`i Revised Statutes).] water code, chapter 174C, Hawai`i Revised Statutes. ' A draft copy of Bill 326, Draft 2, is attached. The draft copy incorporates the above proposed amendments, utilizing Ramseyer format with respect to the current contents of the Hawai`i County Code. DI:awm AN ORDINANCE AMENDING CHAPTER 29, HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO WATER USE AND DEVELOPMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Purpose. The purpose of this bill is to delete sections of Chapter 29, Hawai`i County Code, which are reiterations and summaries of those provisions already contained in the State Water Code (Hawai`i Revised Statutes Chapter 174C), adopt the updated Hawai`i County Water Use and Development Plan, and amend the provisions regarding the future updating of the Hawai`i County Water Use and Development Plan. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 3. Chapter 29, article 1, section 29 -1 through section 29 -4, of the Hawai`i County Code 1983 (2005 Edition, as amended) are amended to read as follows: "Section 29 -1. Purpose. The State water code, chapter 174C, Hawai`i Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawai`i water plan. The contents of the County water use and development plan are dictated by chapter 174C. The purpose of this chapter is to comply with the dictates of chapter 174C and adopt the water use and development plan. • [ . ' - _ _ . - - .. - - .. - . - -- _ . - - ' ' Hawai`i, and that such citizens have a right -to have those waters protected for their . - - - _ . - - - - - .. . . • A , . • .. . - • • •`• _ - 1987, the State water code, which is intended to address problems relating to the resources-planning. As a method of facilitating this intent, the code, now codified as chapter 17'IC, Hawai`i Revised Statutes, mandates the creation of a Hawai`i water plan whi - . . - _ . _ - - . - .. - - . • - :.. - • . : (1) The attainment of maximum reasonable beneficial use of water; (2) The proper conservation and development of the waters of the State; drainage, sanitation, and flood control; ('1) The attainment of adequate water quality; and (5) The implementation of water resources policies. (b) Among other things, the Hawai`i water plan shall consist of water use and development plans for ach county which shall be prepared by Bach separate county. Such water use and development plans shall set forth thc allocation of water to land use in ch particular county and are int- - . _ - . - . - - - - - documents on the current and future water resource conditions on each island. (c) A Hawai`i County water use and development plan has been prepared under the intended to fulfill the requirements set forth by the State water code and includes the and resulting problems and constraints; and related water needs; and plans, costs, adequacy of plans, and relations • : . - - - . - - - - • . - quality plan. development plan is required to be adopted through ordinance by thc council of the county to which it pertains before it may properly be incorporated into the Hawai`i water plan.] Section 29 -2. Adoption of [The] the Hawaii County water use and development plan. The Hawai`i County water use and development plan of [December 1989,] August 2010, incorporated herein by reference, is hereby adopted[.-], and any revision, amendment, or modification of the same, pursuant to section 29 -3, shall be deemed a part of the plan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. Section 29 -3. Amendments. The department of water supply, acting through its water board, shall have the authority to amend the water use and development plan. In amending the plan, the water board shall hold one public hearing in East Hawai`i and one public hearing in West Hawai`i. The water board shall transmit the proposed revisions or amendments to the council. Within forty -five days of receipt of a proposed amendment, the council shall act upon the amendment. If the council fails to act within the forty -five days, the amendment shall be deemed approved. Section 29.4. [Mandatary plan rcvie .1 Plan review. [The Hawai`i County water use and development plan shall be reviewed in 1995 2 - •- . - - . - -- • - . - ... • - . ring in East Hawaii and the plan review y ar.] The Hawai`i County water use and development plan shall be reviewed as required by the State water code, chapter 174C, Hawai`i Revised Statutes." SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. 3