HomeMy WebLinkAboutREP EMC 009 06/18/2012 2010-2012 REPORT OF THE
COMMITTEE ON ENVIRONMENTAL MANAGEMENT
DATE: June 18, 2012 Re: Comm. No. 737/Bill No. 263
PLACE: Council Chambers
West Hawai`i Civic Center
TIME: 10:55 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Environmental Management, to which was referred Communication
No. 737/Bill No. 263, reports as follows:
Bill No. 263, transmitted by Council Member Smart, via Communication No. 737, dated
May 25, 2012, is an ordinance to enlarge the scope and duties of the Environmental
Management Commission (EMC) and to enhance the Commission's effectiveness based on the
review and reporting model of the two Planning Commissions. EMC input and review would
be expanded within the Department of Environmental Management (DEM) and with the County
Council's legislation.
There were no public testifiers. DEM submitted early comments to Ms. Smart although they
did not have any staff present. There were two EMC commissioners present,
Mr. Thomas Randle was at the Hilo Chambers and EMC Chairperson Sherm Warner was at the
Waimea Council office.
Ms. Smart moved to amend Bill 263 with the contents of Communication 737.1 in response to
DEM comments. The amendments were language changes requested by DEM for a more
"active" voice that paralleled Charter and Code styles. The amendment passed with 7 ayes,
with Mr. Blas and Mr. Onishi excused.
Responding to Mr. Hoffmann's inquiry on the Commission's position on this subject,
Chair Warner said the EMC had briefly discussed the subject and had created a subcommittee to
make recommendations to the full EMC regarding increasing their scope and duties and to
meeting monthly. The EMC did not take a vote on this particular subject but plan to do so at
their next meeting.
Mr. Yagong and Ms. Ford raised concerns that adding another layer of review into the
legislative process could delay legislation. Ms. Smart explained that while this ordinance
provides that all Council legislation would go to the EMC for their review, she shortened the
DEM requested 60-day internal review time to 45-days. Ms. Smart explained that she had
originally wanted a 30-day review period and thought the 45-day review period written in the
bill was a fair compromise for balancing timeliness and meaningful review.
EMC Rept. No.: 09
EMC-9 Page 2 June 18, 2012
A discussion about the process ensued, and it was clarified that Council Members could submit
proposed legislation directly to the EMC Chair for agendizing. That could result in a savings of
two weeks, rather than having a Council Committee forward a piece of legislation to the EMC
after Committee deliberations and then have the EMC return their review to DEM and the
Council Committee.
In response to a query by Mr. Yagong, Chair Warner reported that the EMC had no problems
meeting quorum and their July 25, 2012 meeting would take up the issue of scope and duties,
rule changes, and the adoption of a monthly meeting schedule. Ms. Smart added that she is
scheduled to speak on those matters at that meeting. It was also noted that the Mayor had just
signed the budget which allowed for EMC's monthly and special meetings. If needed, the final
vote on this bill could be delayed to have the EMC weigh in on these definitions of their scope
and duties and new timelines.
Mr. Yoshimoto raised the potential of the EMC being deadlocked on an issue or otherwise not
rendering a timely opinion. Ms. Smart felt that situation could be treated similar to a Planning
Commission forwarding a"negative recommendation"to the Council.
Ms. Ford noted the inclusion of EMC advice to DEM about"any pilot project or program"
language, and Ms. Smart acknowledged it was in response to the three-month pilot project by
DEM to truck East Hawai`i generated trash to the West Hawai`i landfill. The new language
was an explicit clarification of the need for both the EMC and DEM to review major or possibly
controversial pilot projects or programs before implementation.
Your Committee on Environmental Management is in accord with the purpose and intent of
Bill 263, as amended to Draft 2, and recommends its passage on first reading.
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AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON ENVIRONMENTAL
HOFFMANN X MANAGEMENT
I NISH X 41110 OISHI X •� �
PILAGO X ( or ' f '
SMART x : ' TA Y SMART, CHAIR
YAGONG X EMC REPORT NO. 9
YOSHIMOTO X ADOPTED: JUL 0 3 2411