HomeMy WebLinkAboutCOM 0293.001 2010-2012K ANGEL PILAGO
Vice Chairman
Council District 8 — North Kona
Phone: (808) 323-4280
Fax: (808) 329-4786
Email: apilago@co.hawaii.hi.us
HAWAII COUNTY COUNCIL ,
County of Hawai `i
West Hawai `i Civic Center, Bldg. A =
74-5044 Ane Keohokalole Hwy. L ''
Kailua-Kona, Hawai'i 96740
MEMORANDUM
To: Council Chairman Dominic Yagong
And Members of the Hawaii County Council
From: K. Angel Pilago, Chair
Government Relations Committee
Date: July 27, 2011
Re: Comm 293: Hawaii State Association of Counties (HSAC) 2012 Legislative
Package
This communication is on agenda for our next Council meeting on August 3, 2011. To aid in
that discussion I offer the below summary and the attached documents to better illustrate the
process and content of submittal to the Legislative Package.
The call to Counties is for input to a recommendation for changes to HRS, new resolutions
calling for legislation, taking a position on pending legislation, or any other actions that this
County may wish to have HSAC take a position for submittal to the State Legislature.
First step is for the submitter to propose a resolution to our County Council for approval. A
justification would be beneficial but not mandatory at this point.
Next, the submitter is to draft a formal HSAC Resolution with justification and submit this to me
as our County representative to HSAC. For sake of expediency this could be done as an
attachment to the council resolution.
HSAC will then consider all submittals and by unanimous vote of its Executive Committee
complete the HSAC 2012 Legislative Package and send to all County Councils for ratification
prior to submittal to the State.
Comm. No. 2- q 33 -
Serving the Interests of the People of Our Island Raf. To: pl iir ?I t'" til
Hawai °i County Is an Equal Opportunity Provider And Employer Ref. Date AUG a In.ji
This is the best information available to date and may be subject to fine tuning as we work
through the process.
Attachments (samples only)
• Resolution and Exhibit A relating to increasing time for review of affordable housing
projects
• Formal HSAC resolution and attached justification relating to land use
o stationery is available by email from my office
• Justification and new bill relating to aquarium aquatic life
o template for this is available by email from my office
• House Resolution is used to urge the legislature to adopt a resolution. Sample relating to
blind pedestrians.
I hope you find this helpful in your consideration of proposed input to Hawaii County's part in
preparing the HSAC 2012 Legislative Package.
KAP/sl
2
Resolution
No.
APPROVING FOR INCLUSION IN THE 2012 HAWAII
STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE A STATE BILL INCREASING THE TIME
FOR REVIEW OF AFFORDABLE HOUSING
PROJECTS SUBMITTED PURSUANT TO
SECTION 20111-38, HAWAII REVISED STATUTES
WHEREAS, Section 20111-38, Hawaii Revised Statutes ("HRS"), allows a county
council 45 days to approve, approve with modification, or disapprove a qualified
affordable housing project; and
WHEREAS, a project shall be deemed approved if the applicable county council
does not act within 45 days; and
WHEREAS, the 45 -day deadline denies the county councils an adequate
opportunity to review and consider affordable housing projects; and
WHEREAS, the scope of projects and requested legal exemptions frequently
warrant site inspections and other research; and
WHEREAS, Sunshine Law requirements for notice and testimony and the
logisticial challenges of confirming the availability of meeting dates and venues pose
additional time constraints on county councils when they are considering projects; and
WHEREAS, the enactment of State legislation increasing the time for review of
affordable housing projects submitted pursuant to Section 20111-38, HRS, from 45 to 60
days would permit the county councils to appropriately exercise legislative oversight,
while maintaining an expedited review process; now, therefore,
BE IT RESOLVED by the Council of the County of XXX:
That the proposal, attached as Exhibit "A", to increase the amount of time
county councils have to review affordable housing projects submitted
pursuant to Section 20111-38, HRS, from 45 days to 60 days, is approved
for inclusion in the 2012 HSAC Legislative Package; and
2. That a certified copy of this resolution be transmitted to the Hawaii State
Association of Counties Executive Committee.
Page 1 of 5 •
•
Exhibit "A"
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Page 2of5
.B. NO.
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The forty-five day window for a legislative
2 body to approve, approve with modification, or disapprove an
3 affordable housing project submitted pursuant to Section 201H-
4 38, Hawaii Revised Statutes, is too short of a timeframe to have
5 any meaningful
discussion on a
proposed project.
Allowing sixty
6 days will still
provide for an
expedited review
while increasing
7 the amount of
time the legislative body
of a county has to
8 exercise its
due diligence in evaluating
a proposed project.
9 SECTION
2. Section 201H-38, Hawaii
Revised Statues, is
10 amended by amending subsection (a) to read as follows:
11 "(a) The corporation may develop on behalf of the State or
12 with an eligible developer, or may assist under a government
13 assistance program in the development of, housing projects that
14 shall be exempt from all statutes, ordinances, charter
15 provisions, and rules of any government agency relating to
16 planning, zoning, construction standards for subdivisions,
p:ocs:rsch:modifiable:11-152a:skk
Page 3 of 5
.B. NO.
1 development and improvement of land, and the construction of
2 dwelling units thereon; provided that:
3 (1) The corporation finds the housing project is
4 consistent with the purpose and intent of this
5 chapter, and meets minimum requirements of health and
6 safety;
7 (2) The development of the proposed housing project does
8 not contravene any safety standards, tariffs, or rates
9 and fees approved by the public utilities commission
10 for public utilities or of the various boards of water
11 supply authorized under chapter 54;
12 (3) The legislative body of the county in which the
13 housing project is to be situated shall have approved
14 the project with or without modifications:
15 (A) The legislative body shall approve, approve with
16 modification, or disapprove the project by
17 resolution within [ferami I sixty days after
18 the corporation has submitted the preliminary
19 plans and specifications for the project to the
20 legislative body. If on the [ferty====}' ] sixty -
21 first day a project is not disapproved, it shall
22 be deemed approved by the legislative body;
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Page 4 of 5
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.B. NO.
(B) No action shall be prosecuted or maintained
against any county, its officials, or employees
on account of actions taken by them in reviewing,
approving, modifying, or disapproving the plans
and specifications; and
(C) The final plans and specifications for the
project shall be deemed approved by the
legislative body if the final plans and
specifications do not substantially deviate from
the preliminary plans and specifications. The
final plans and specifications for the project
shall constitute the zoning, building,
construction, and subdivision standards for that
project. For purposes of sections 501-85 and
502-17, the executive director of the corporation
or the responsible county official may certify
maps and plans of lands connected with the
project as having complied with applicable laws
and ordinances relating to consolidation and
subdivision of lands, and the maps and plans
shall be accepted for registration or recordation
by the land court and registrar; and
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Page 5 of 5
.B. NO.
1 (4) The land use commission shall approve, approve with
2 modification, or disapprove a boundary change within
3 forty-five days after the corporation has submitted a
4 petition to the commission as provided in section 205-
5 4. If, on the forty-sixth day, the petition is not
6 disapproved, it shall be deemed approved by the
7 commission."
8 SECTION 3. Statutory material to be deleted is bracketed
9 and in strikethrough. New statutory material is underscored.
10 SECTION 4. This Act shall take effect upon its approval.
11
12
INTRODUCED BY:
p:ocs:rsch:modifiable:11-152a:skk
of
Hawaii State Association of Counties
n,o
Counties of Kauai, Maui, Hawaii and City and County of Honolulu
'- OF
RESOLUTION REQUESTING THE STATE CONSIDER TRANSFERRING THE
DUTIES, FUNCTIONS AND RESPONSIBILITIES OF THE STATE LAND USE
COMMISSION TO EACH RESPECTIVE COUNTY PLANNING COMMISSION.
WHEREAS, in 1961 the Hawaii state legislature established the Land Use
Commission ("LUC") to be responsible for preserving and protecting Hawaii's lands and
encouraging those uses to which lands are best suited, as well as to administer a state-
wide zoning law; and
WHEREAS, the LUC is composed of nine members, who are appointed by the
governor and confirmed by the state senate, and their primary role is to ensure that
areas of state concern are addressed and considered in the land use decision making
process; and
WHEREAS, the LUC establishes the district boundaries for the entire state, acts
on petitions for boundary changes submitted by private landowners, developers and
state and county agencies, and also acts on requests for special use permits within the
agricultural and rural districts; and
WHEREAS, the Hawaii State land use law requires the LUC to take into account
the general plan of the respective county; and
WHEREAS, the planning division of the city and county of Honolulu's department
of planning and permitting, the planning department of Maui county.the planning
department of Kauai county, and the planning of Hawaii county maintain and update the
general plans of the counties; and
WHEREAS, prior to 1961, the duties, functions and responsibilities of
LUC were handled by each respective county's planning department; and
WHEREAS, decisions made at the municipal level will best support
decision-making by those communities that may be impacted by any prop,
development; and
WHEREAS, the latest general fund revenue collection report covering the first`
two months of the fiscal year actual revenue collections have fallen by 5 percent Which
is steeper than the 1.5 percent decline for fiscal year 2010 the Council on Revenues
projected in August 2009; and
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WHEREAS, the governor has publicly declared that the state administration is
looking for additional ways to immediately reduce expenses while maintaining public
services and remaining focused on growing our economy; and
WHEREAS, according to the governor, the state has already reduced spending
by over $2 billion over the past year, without impacting labor costs, but admittedly can
no longer afford to maintain its current level of labor expenses; and
WHEREAS, during the governor's public address on September 3, 2009, the
governor shared her guiding principles that her administration will be using in reshaping
and resizing the state government, including the elimination of programs and services
that can be administered at the county level; and
WHEREAS, many of the functions performed by the LUC are redundant to each
respective county's planning departments; now, therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
urges the state to transfer the duties, functions and responsibilities of the state Land
Use Commission to each respective county's planning department to reduce
redundancy of governmental functions; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
governor, the president of the state senate, the speaker of the house of representatives
and to each county mayor.
DEREK KAWAKAMI
President
DENNIS ONISHI
Secretary
2
NESTOR GARCIA
Vice President
JOSEPH PONTANILLA
Treasurer
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO LAND USE.
PURPOSE: To repeal HRS Chapter 205 relating to the Land Use Commission.
MEANS: Repeal Chapter 2205, Hawaii Revised Statutes. Repeal references to
the LUC in the HRS. Direct the legislative reference bureau to
draft legislation to transfer responsibility over important
agricultural lands to the department of land and natural resources.
Direct the legislative reference bureau to draft legislation to
remove references to the state land use districts.
JUSTIFICATION: Prior to 1961. the duties, functions and responsibilities of the state
LUC were handled by each respective county's planning
department. Decisions made at the municipal level best support a
grassroots decision-making process by those communities most
impacted by any proposed development. Many of the functions of
the LUC are redundant to each respective county's planning
department. This proposal returns the zoning functions to the
counties while transferring the balance of the LUC functions to the
department of land and natural resources.
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO AQUARIUM
AQUATIC LIFE
PURPOSE: The purpose of the draft bill is to improve the regulation of -
aquarium aquatic life collecting to protect Hawai` is aquatic life
and the marine environment.
MEANS: Amend Chapter 188, Hawaii Revised Statues, to add a new
section to be appropriately designated
JUSTIFICATION: Despite the presence of an aquarium fish permit process adopted
by the Department of Land and Natural Resources, Division of
Aquatic Resources, reef fish populations continue to diminish
around the major Hawaiian islands.
These commercial aquarium fish permits allow for the unlimited
collection of aquatic life, and presently, do not provide protection
f for those species of aquatic life that are endemic to Hawai` i
found nowhere else in the world or are deemed to be crucial to
the overall health of the reef environment.
The idea that Hawaii can, or should, supply the entire world's
growing demand for these endemic species without Hawai`i's
reefs suf€ering irreversible consequences through "sustainable
harvesting" is a farce that must be addressed through increased
State regulation and protection.
This measure will improve the regulation of the aquarium
industry and protect the beauty and health of Hawai` is natural
environment.
a
B. NO. '
A BILL FOR AN ACT
RELATING TO AQUARIUM AQUATIC LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAN:
1 SECTION 1. The legislature finds that the aquarium aquatic
2 life collecting industry has operated for over 50 years without
3 limits or constraints on its catch or the number of collectors
4 in the state.
5 The aquarium industry focuses on juvenile reef fish and
6 small invertebrates and exports 82 per cent of its catch to the
7 mainland'United States. However, with expanding Asian markets;
S collectors are targeting more remote and deeper reefs as
9 evidenced by the species sold on many internet websites.
10 Endemic species such as the bandit angelfish and the masked
11 angelfish sell for hundreds or even thousands of dollars each,
12 with no regulation or limit.
13 Home aquariums in China reflect the new prosperity there,
14 with large aquariums covering multiple walls that display adult
15 eels and other large animals from Hawai'i's reefs. Aquarium
16 collecting is having major impacts on Oahu and Hawaii reefs and
17 moderate impacts on Maui reefs where over -harvesting is reducing
Page 2
C
.B. NO.
1 the marine tourism experience. Many coral reef fish and
2 invertebrates have complicated relationships to the overall
3 ecology of the reef. Their removal may affect the long-term
4 stability of these ecosystems. Significant population declines
s and major shifts in species diversity are now evident in coral
6 reef areas where collection is occurring. The aquarium catch is
7 mostly herbivore. Their removal could result in increased algal
8 growth, due to a lack of grazers to keep the algae in check,
9 with a corresponding decrease in coral cover.
10 The lack of regulation enables the industry to supply the
11 growing demand for color, shape, and rarity. The Hawaiian
12 cleaner wrasse is one of the most popular fish species collected
13 and is known for its radiant color and lively movement. These
14 fish pick parasites from many other fish, are found nowhere else
1s in the world, and are collected and shipped daily without
16 limitation. The Hawaiian cleaner wrasse will not eat fish food
17 in captivity and eventually dies of starvation. Likewise,
18 coral -eating butterfly fishes, prized by aquarists for their
19 beauty, starve in a short period of time.
20 The purpose of this Act is to improve the regulation of
21 aquarium aquatic life collecting to protect aquatic life and the
22 marine environment.
Page 3
B. NO-. �.
1
2 SECTION 2. Chapter 188, Hawaii Revised Statutes, is
3 amended by adding two new sections to part II to be
4 appropriately designated and to read as follows:
5 "§188- Definitions. As used in this part, unless the
6 context clearly requires otherwise:
7 "Aquarium collecting gear" means any equipment used to
8 collect aquarium fish or animals including but not limited to
9 hand nets, fence or barrier 'nets, fiberglass or metal "tickle
10 sticks," catch buckets, keeps, or baskets.
11 "Aquarium purpose" means to hold saltwater fish, freshwater �.
12 nongame fish, or other aquatic life alive in a state of
13 captivity as pets, for scientific study, or for public
14 exhibition or display, or for sale for these purposes.
15 "Collect" means to take, catch, capture, harvest, confine,
16 15 or to attempt to take, catch, capture, harvest, or confine 16
17 aquatic life. The use of any aquarium collecting gear to take,
18 catch, capture, harvest, or confine, or to attempt to take,
19 catch, capture, harvest, or confine aquatic life by any person
20 who is on or about the shores of Hawaii or in a vessel in
21 Hawaiian waters shall be construed as collecting under this
22 section.
Page 4
B. NO.
1 "Department" means the department of land and natural
2 resources.
3 "Endemic"
or "endemic species"
means any aquatic life
4 specimen found
nowhere else other than
Hawaii.
5 §1$8- 4quaxiuYa aquatic life; collection. (a) The
6 department shall develop and maintain an aquarium collecting
7 white list of aquatic species for each county. No aquatic
8 species shall be collected or sold for aquarium purposes in the
9 state unless the species appears on the aquarium collecting
10 white list of the county where the species is collected or sold.
11 (b) The aquarium collecting white list shall only include
12 species that are shown by an official, published department or
13 equivalent federal agency study to meet the following criteria:
14 (1) The species can survive capture, transport, and
LS captivity for at least one hundred eighty days; and
16 (2) Based on historical evidence, the species is part of a
17 stable or increasing population trend in the
18 collection area.
19 (c) In addition to the requirements of subsection (b), the
20 following criteria shall apply:
21 (1) The collection of the species in a county shall not
22 exceed the average annual collection in that county
Page 5 . B.'NO.
1 for the calendar years 2005 through 2007, based on
2 department collection reports for those years;
3 (2) The removal of the species does not negatively impact
4 the reef ecosystem by contributing to algae overgrowth
s for herbivores, parasite overload on other reef fishes
6 for cleaner wrasses and cleaner shrimp, or other
7 harmful results; and
8 (3) The species is not endemic to Hawaii.
9
(d)
The department shall
inform all permit holders under
10
section
188--31 of
the species included in the aquarium
11
collecting
white list
and the
penalties for failure to comply F
12
with the
restrictions
regarding
the collection of aquatic life.
13
(e) Any person
who collects or .sells aquatic life for
14
aquarium
purposes not on the
aquarium collecting white list
1s
shall be
fined $1,000
for each
specimen collected or sold_
16 (f) In addition to any other penalty or fine provided by
17 law, any person violating this section shall be sentenced as
18 follows:
19 (1) For a first violation, a fine of not more than $1,000
20 or thirty days imprisonment, or both;
Page 6
.B. NO.
1
(2) For
a second violation within five years of a previous
x
violation, a fine of not more than $2,000 or sixty days
3
imprisonment,
or both; and
4
(3) For
a third or subsequent violation within five years
5
of
a previous violation, a fine of not more than $3,000
6
or
ninety days imprisonment, or both."
7
SECTION
3. This Act does not affect rights and duties that
8
matured, penalties
that were incurred, or proceedings that were
9
begun before
its effective date.
10
SECTION
4. New statutory material is underscored.
11
SECTION
5. This Act shall take effect on June 1, 2011.
1z
13 INTRODUCED BX:
14
HR37.DOC
Lopez, Steve
From: Saved by Windows Internet Explorer 7
Sent: Wednesday, July 27, 2011 8:09 AM
Subject: HR37.DOC
HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII
H.R. NO. "
HOUSE RESOLUTION
REQUESTING THE LEGISLATURE TO SUPPORT THE EDUCATION OF HAWAII'S
DRIVERS REGARDING THEIR RESPONSIBILITIES TO BLIND
PEDESTRIANS.
WHEREAS, many driver's license examinations nationwide
include questions regarding blind pedestrians; and
WHEREAS, Act 75, Session Laws of Hawaii 1972, specifically
established the responsibilities of drivers toward blind
pedestrians, and thirty-nine years later, none of Hawaii's
counties have included questions about these responsibilities on
any driver licensing examinations; and
WHEREAS, Senate Resolution No. 10 and Senate Resolution No.
20 were offered in 2010 and requested improvements in public
awareness with regard to drivers' responsibilities to blind
pedestrians; and
WHEREAS, these resolutions called for the inclusion of
questions regarding drivers' responsibilities to blind
pedestrians on all state drivers' license examinations; and
WHEREAS, these resolutions also requested the Department of
Education to discuss responsibilities toward blind pedestrians in
its drivers' education program; and
WHEREAS, the Hawaii Association of the Blind, at its forty-
third annual convention on March 13, 2010, strongly criticized
the state Legislature's refusal to hold a hearing to receive
7/27/2011
Page 1 of 2
HR37.DOC
Page 2 of 2
testimony on the careless disregard of blind pedestrians by drivers; now,
therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth
Legislature of the State of Hawaii, Regular Session of 2011, that this body
hereby expresses its strong support for the education of Hawaii's drivers
regarding their responsibilities to blind pedestrians; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be
transmitted to the Governor, the President of the Senate, the Speaker of
the House of Representatives, the drivers' licensing administrator for the
counties of Hawaii, Kauai, and Maui, and the city and county of Honolulu,
and the President of the Hawaii Association of the Blind.
OFFERED BY:
7/27/2011