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HomeMy WebLinkAboutBIL 257 Draft 02 2010-2012OFFICE INFORMATION ONLY Meeting: Action: Council — August 1, 2012 Filed; Veto override vote failed due to vote of 5 ayes and 4 noes: Ayes: Ford, Hoffmann, Pilago, Smart, and Yagong-5 Noes: Blas, Ikeda, Onishi and Yoshimoto — 4. (Veto override requires 6 ayes or 2/3 majority affirmative votes.) I" rdg.: June 6, 2012 (amended to Draft 2) 2"' rdg.: June 19, 2012 To Mayor: June 27, 2012 Returned: July 12, 2012 (Mayor Veto) Reconsidered: Judy 19, 2012 Postponed: July 19, 2012 Override Vote: August I, 2012 Re: Bill 257; Comm. 725 (2010-2012 term) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Inrroduced By: Dominic Yagong Date Introduced: June 6, 2012 First Reading: June 6, 2012 Published. June 16, 2012 .'7.j1)Sb IXIM Second Reading. June 19, 2012 To Mayor: June 27, 2012 Returned: Effective: Published: REMARKS: ROLL CALL VOTE AYES NOES ABS EX Blas X Ford x Ford x Hoffmann x Hoffmann X x Ikeda x x Pilago Onishi X Smart x Pilago X Yagong x Smart X K Yagong X z O Yoshimoto X 8 0 1 0 (Draft 2) ROLL CALL VOTE AYES NOES ABS EX Blas x Ford x Hoffmann x Ikeda x Onishi x Pilago x Smart x Yagong x Yoshimoto K o z O 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the indticated above. APPROVED AS TO FORM AND LEGALITY: /" � J� DEPUT' CPORATION COUNSEL COUNTY dF HAWAI'I Approved/ isapproved thI dmf of . 20M MAYOR, COUNTY OF HA WAIT COUNCIL Council published as CLERK Bill No.: 257 (Draft 2) Reference: C-725.2/Waived ASSPSC Ord No.: Hawaii County Council -51 August 1, 2012 Bill 257 (Draft 2): AMENDS CHAPTER 7, SECTION 7-3, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES States that the Civil Defense Agency's Deputy Director shall prepare an emergency response and evacuation plan for each geothermal power production facility operating in the County, and sets forth criteria. The plan for any existing geothermal power production facility shall be submitted to the Council for approval by August 1, 2012, and at the request of the Deputy Director, the Council may approve an extension of an additional 90 days for the submission of an emergency response and evacuation plan. Re: Intr. by: First Reading: Second Rdg.: Returned & Disapproved: Reconsidered & Postponed: Comm. 725.2 Mr. Yagong June 6, 2012 June 19, 2012 July 12, 2012 July 19, 2012 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Hoffmann, Pilago, Smart, Yagong, and Acting Chair Ford — 5. NOES: Council Members Blas, Ikeda, Onishi, and Yoshimoto — 4. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Hoffmann to approve Bill 257, as amended, and to override the Mayor's veto.) Page 15 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 257 ORDINANCE NO. (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-3, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 7, Section 7-3, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 7-3. Deputy director; duties. (a) The deputy director is responsible for the organization, administration, and operation of the civil defense agency in the County. It is the duty of the deputy director to coordinate the activities of all organizations for civil defense within the County, public or private, and to maintain liaison with and cooperate to the fullest extent with the State director to insure that the plans and programs of the County for the relief and general welfare of the people in the event of a disaster or emergency are fully integrated with the plans and programs of the State and Federal governments. The plans and programs shall be prepared by the deputy director and transmitted to the council for approval and shall be reviewed by the deputy director and resubmitted to the council for approval before March 31 of each year. (b,) In addition to the plans described in subsection (a), the deputy director shall prepare an emergency response and community evacuation plan for each geothermal power production facility_ operating in the County. The deputy director shall invite the state department of health, the police department, the fire department, the department of parks and recreation, the department of public works, residents of the affected community, and the geothermal power production facility to participate in the preparation of the plan. The plan for any geothermal power production facility shall be submitted to the council for approval within ninety days of that geothermal power production facility having begun operations. The plan for any existing_ geothermal power production facility shall be submitted to the council for approval by August 1, 2012. At the request of the deputy director, the council may approve a single extension of an additional ninety days for the submission of an emergency response and community evacuation plan." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 3. 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 this ordinance without the invalid provisions or applications, and to this end, the invalidity or applications provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon its approval. Hawai i Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 725.2 INTRODUCED BY: COUNCIL MEMBER,k%OJ/NTY OF HAWAII 2