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Home My WebLink AboutRES 019 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Agriculture, Water and Energy Sustainability Committee — December 18, 2012 Action: Postponed to the call of the Chair; never taken up again Re: Res 19-13; Comm. 25 (2012-2014 term) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 19 13 A RESOLUTION TO ENSURE THE ADVANCEMENT OF PRINCIPLES OF SUSTAINABILITY IN COUNTY GOVERNMENT DECISIONS AFFECTING NATURAL AND CULTURAL RESOURCES. WHEREAS, the promotion of the sustainability of our Island's beauty and natural resources can be advanced on a case-by-case basis, or preferably by way of defined policies and principles; and WHEREAS, to move forward as an island community that fosters sustainability, it is therefore helpful to translate that goal into reasonable decision-making procedures which can be routinely advanced by the County government; and WHEREAS, the State Constitution mandates compliance with public trust principles in several provisions of our State Constitution by creating a stewardship trustee relationship role for the conservation of our public trust assets, inclusive of land, water, air, mineral, and energy resources; and WHEREAS, Article XI, Section I of the Hawaii State Constitution specifically states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Flawaii's natural beauty and all natural resources, including land. water.. air_ minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self- sufficiency of State. All public natural resources are held in trust by the State for the benefit of the people."; and WHEREAS, Hawaii Revised Statutes 226-108 "Sustainability" also provides an analytical framework for sustainability planning that addresses not only economic sustainability principles, but equally so social -cultural sustainability principles and ecosystem/environmental sustainability principles; and WHEREAS with respect to governance of our Island of Hawaii, the Hawaii County Charter, as amended in 2010, expanded this Public Trust Doctrine to encompass both environmental and cultural resources as part of our pubic trust assets deserving of protection for the benefit of both current and future generations. Specifically, Section 13-29 "Conservation of Natural and Cultural Resources" provides: "For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self- sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people."; and WHEREAS, the County of Hawaii General Plan and the various County of Hawaii Community Development Plans refer to our County's stewardship obligations with respect to preserving the beauty and resources on our island for the sake of both current and future generations; and WHEREAS, the South Kohala Community Development Plan (Ordinance 08-159) Chapter 1 Section 1.5 "Precautionary Principle" discusses the public trust doctrine and the correlative stewardship duties of our County public officials, including the "precautionary principle" based upon which we must take a long-term vision when weighing our private and individual wants "against the ability of the environment to accommodate those wants"; and WHEREAS, the South Kohala Community Development Plan also incorporates the following public trust principles: 1) That government entities favor caution and preservation in any case in which information is uncertain; 2) The burden of proving that the resource is adequate and that its proposed use is consistent with the sustainable health of the ecosystem falls on the party proposing to use the resource; 3) Regardless of the importance of conservation and preservation efforts, the governing entity must at the same time be accountable to private parties for any significant loss in value of privately owned resources; and WHEREAS, in a recent decision of the Hawaii Supreme Court regarding water resources, "In Re Iao Ground Water Management Area High Level Source Water Use Permit Application and Petition to Amend Interim Instream Flow Standards of Waihe`e River and Waiehu, `Iao, and Waikapu Streams Contested Case Hearing" (August 15, 2012), Justice Acoba in his concurring opinion, underscored the public trust principle that decisions concerning the granting of private commercial use of our natural resources must be made with a high level of scrutiny, and with openness, diligence, and foresight commensurate with our trust responsibilities to the public; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that all County -level government decisions shall be identified as consistent with each of the following sustainability principles: 1) Advancement of long-term economic sustainability goals including as they relate to agriculture, energy, and water; 2) Advancement of socio -cultural values, customs, and sense of place, including sufficient places available for nature -related recreational pursuits; and 3) Advancement of the ecosystem and environmental well-being of our island and coastal waters. BE IT FURTHER RESOLVED that all County -level government decisions be identified as consistent with the following policies: FA 1) That government entities favor caution and preservation in any case in which information is uncertain; 2) The burden of proving that the resource is adequate and that its proposed use is consistent with the sustainable health of the ecosystem falls on the party proposing to use the resource; 3) Regardless of the importance of conservation and preservation efforts, the governing entity must be accountable to private parties for any significant loss in value of privately owned resources. BE IT FURTHER RESOLVED that the burden of proof that proposed mitigation measures are sufficient to protect the long-term health of the environment, of the culture, and of those impacted, is on the private party proposing use of a public trust resource. BE IT FURTHER RESOLVED that all County -level government decisions shall be made in a manner consistent with a high level of scrutiny, openness, deliberation, and foresight with regard to actual and cumulative impacts on our natural and cultural resources. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable William P. Kenoi, Mayor, County of Hawaii; the Director of Environmental Management; the Director of Finance; the Director of Parks and Recreation; the Director of Planning; the Director of Public Works; the Director of Research and Development; the Fire Chief, the Housing Administrator; the Mass Transit Administrator; the Chief of Police; and the Manager -Chief Engineer of the Department of Water Supply. Dated at , Hawai`i, this day of , 2013 INTRODU BY: p�J � V COUNCIL MEMB , COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: ROLL CALL VOTE AYES NOES ABS EX EOFF FORD ILAGAN KANUHA KERN ONISHI POINDEXTER WILLE YOSHIMOTO Reference: C— 25 /AWESC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 19 13