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HomeMy WebLinkAboutCOM 0004.004 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: (808)326-5684 Fax: (808)329-4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i _. Kailua Trade Center 75 -5706 Hanama Place, Suite 109 Kailua -Kona, Hawai'i 96740 DATE: January 18, 2011 TO: Dominic Yagong, Chairperson - and Members of the Hawaii County Council J FROM: Nrenda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill 326, Draft 3, Which Amends Chapter 29, Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Water Use and Development Attached please find proposed amendments to Bill No. 326, Draft 3. The proposed amendments are illustrated below by Ramseyer format with respect to Bill No. 326, Draft 3, and bolded for illustrative purposes. The proposed amendments are as follows: SECTION 3, Section 29 -1, Purpose, is amended to read: 2 "Section 29 -1. Purpose. The State water code, chapter 174C, Hawaii Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawaii 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 Hawaii County water use and development plan." Add to SECTION 3 a new Section 29.1.1, to read: " Section 29.1.1 Duties of the Council; Water Board; and Department of Water S upply. (a) The council has the duty to formulate and establish policy for the department of water supply per section 3 -1 of the Charter. The water board and the department of water supply shall incorporate council policy into all appropriate plans, rules, and procedures pursuant to section 8 -2 of the Charter. if- Comm. No. I - - ��------ Serving the Interests of the People of Our Island Ref. To: 6eseat" C,al�rylil Ref. Date ,SAN 2 0 2 0 ii Hawai `i County Is An Equal Opportunity Provider And Employer SECTION 3, Section 29 -3, Amendments, is amended to read: "Section 29 -3. Amendments. (a) This chapter may be amended by the council in the same manner as any general ordinance pursuant to sections 3 -8 and 3 -10 of the Charter. The department of water supply, acting through its water board, and the council shall each have the authority to propose amendments to the Hawaii County water use and development plan. (c) The water board shall hold one public hearing in East Hawaii and one public hearing in West Hawaii on all [proposed] amendments[:] proposed by the department of water supply. The water board shall transmit the [proposed] amendments proposed by the department of water supply to the council for approval. Within ninety days of receipt of [e proposed] an amendment[,] proposed by the department of water supply, the council shall act upon the amendment. If the council fails to act within the ninety days, the amendment shall be deemed approved." 4. SECTION 3, Section 29 -4. Plan review, is amended to read: "Section 29.4. Mandatory plan review. [Plan r eview.] [ required by the State wateeede, ate - 174C, u.,., ai'i Revised Statutes. The Hawaii County water use and development plan shall be reviewed in 1995 and every fifth year thereafter. The water commission of the County of Hawaii shall serve as the plan review committee. The planning director and the manager -chief engineer of the department of water supply shall serve as technical advisors to the plan review committee. The committee shall hold at least one public hearing in East Hawaii and West Hawaii in order to ascertain whether amendments to the plan are necessary. The committee may propose amendments to the existing plan and all such proposed amendments shall be submitted to the council in bill form no later than December 31, of the plan review year. A draft copy of Bill 326, Draft 4, is attached with the proposed amendments incorporated therein. BJF /dkr att. 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 HAWAII: SECTION 1. Purpose. The purpose of this bill is to delete sections of Chapter 29, Hawaii 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 Hawaii County Water Use and Development Plan, and amend the provisions regarding the future updating of the Hawaii 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 Hawaii County Code 1983 (2005 Edition, as amended) are amended to read as follows: "Section 29 -1. Purpose. The State water code, chapter 174C, Hawaii Revised Statutes, mandates the preparation and adoption of a water use and development plan by each County for incorporation into the Hawaii water plan. The contents of the County water use and development plan are dictated by chgpter 174C. The purpose of this chapter is to comply with the dictates of chapter 174C and adopt the Hawaii County water use and development plan. jar ON Mrm s. (d) P ufsuap A t o State =v' , ., .7 the pr-ev sions-ef - the Ater- eode e eh n t+ water development is to be thfaugh by plan r-eqttired adopted efdinanee the eouneil of the water- plan.] Section 29.1.1 Duties of the Council; Water Board; and Department of Water S upply. Cal The council has the duty to formulate and establish policy for the department of water supply per section 3 -1 of the Charter. The water board and the department of water supply shall incorporate council policy into all appropriate plans, rules, and procedures pursuant to section 8 -2 of the Charter. Section 29 -2. Adoption of [the] the Hawaii County water use and development plan. The Hawaii County water use and development plan of [Deeember- 1°eT] 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 apart of the plan without further adoption or amendment to this chapter and shall be incorporated into this chapter by reference. Section 29 -3. Amendments. [This ofdin o ma� b ended i n the same manner- as any general nee.] (a) This chapter may be amended by the council in the same manner as any general ordinance pursuant to sections 3 -8 and 3 -10 of the Charter. The department of water supply, acting through its water board and the council shall each have the authority to propose amendments to the Hawaii CoLM water use and development plan. (c,) The water board shall hold one public hearing in East Hawaii and one public hearing in West Hawaii on all amendments proposed by the department of water supply. The water board shall transmit the amendments proposed b department of water supply to the council for approval. Within ninety days of receipt of an amendment proposed by the department of water supply, the council shall act upon the amendment. If the council fails to act within the ninety days, the amendment shall be deemed approved. Section 29.4. Mandatory plan review. The Hawaii County water use and development plan shall be reviewed in 1995 and every fifth year thereafter. The water commission of the County of Hawaii shall serve as the plan review committee. The planning director and the [manage ] manager - chief engineer of the department of water supply shall serve as technical advisors to the plan review committee. The committee shall hold at least one public hearing in East Hawaii and West Hawaii in order to ascertain whether amendments to the plan are necessary. The committee may propose amendments to the existing plan and all such proposed amendments shall be submitted to the council in bill form no later than December 31, of the plan review year." 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.