HomeMy WebLinkAboutCOM 0271.187 2012-2014 Page 1 of 2
Murashige, Laura COUNTY CLERK
From: Tom Berg [tomberg00 @yahoo.com] COUNTY PN1rAlt
Sent: Friday, June 28, 2013 8:09 AM 2013 JUN 28 All I E Q
To: counciltestimony @co.hawaii.hi.us
Subject: Bill 79
Attachments: reso_12_130.pdf
Dear Councilmembers of Big Island/Hawaii,
Thank you for introducing Bill 79. In full support.
Please note, that I introduced something similar to Bill 79 while serving on the Honolulu City Council-
Resolution 12-130. Resolution 12-130 (see attached) proposed amending the Land Use Ordinance on
Oahu whereby GMO production was not to be considered an agricultural endeavor. Thus, any and all
GMO activities were to be confined to closed environments and applicable to land zoned Industrial.
Accordingly, had my resolution passed, GMO production could still transpire in warehouses located on
land zoned for industrial use so long as the pursuit to advance GMO production and research meet
criteria that contained it. In result, no open air production of GMO's would be able to infiltrate,
contaminate, or proliferate on land zoned for agricultural use.
However, unlike your Council that believes in fair play, open discussion, and democratic principles, the
Honolulu City Council under the direction of its Chair, refused to assign Resolution 12-130 to any
committee. This meant that there was no hearing, no discussion, no ability for us on Oahu to lobby, to
advocate, to protect our environment as Resolution 12-130 sought to attain.
My resolution was "mysteriously" not assigned to any committee (never done before to a
councilmember in the history of the council) so that it could be considered for a hearing. Mind you,
there are 9 members on the Honolulu City Council and on January 9, 2013, all 9 members refused to
adopt any label GMO language in the 2013 HSAC legislative package. I was the only councilmember in
support of the labeling GMO movement and for it to be in both the 2012 and 2013 HSAC package....so
the fight to do what you are doing means a lot to many of us on Oahu who have no voice on the council
currently to support labeling GMO's.
Thus, Bill 79 is more than just important to Big Island's residents, it is paramount to all who reside in
Hawaii and critical for the pursuit of the greater good that this measure move forward.
Imagine if the author of Bill 79 could not even get the Hawaii Council's Chair to assign the bill to a
committee and it was nothing more than a filing number...and shelved so no light could ever be cast on
the subject matter. Well, that's what happened to my version to Bill 79 and so for you to even hear this
matter, to let the people speak, is what we expect from our elected leaders and I applaud you for taking
the high road and acting in good faith.
Please do not stymie the debate, defer it, or file it. Rather, please be responsive to those of us not on the
chemical company's payrolls, not receiving campaign contributions from them, and do what's right, what
is just, and what is most timely, for the safety and wellbeing of us all, and pass Bill 79.
When you have a moment - please consider looking up my resolution. It is a playbook, a guide for any
county in Hawaii that wants to embrace the concept of taking GMO production off ag lands without
jeopardizing the GMO industry. It is a compromise that still allows GMO production, but not production
Comm. No.°?7/• /8 7
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Ref. Date JUL 2 Z013
Page 2 of 2
in open air fields. A win-win for now.
http://councilmanberg.com/pdfs/reso_12_130.pdf
MAHALO
Tom Berg
808-753-7324
Former Honolulu City Council Member District One
6/28/2013
` = �:Q . CITY COUNCIL
i ,c). CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII No 12-130
RESOLUTION
PROPOSING AN AMENDMENT TO CHAPTER 21, REVISED ORDINANCES OF
HONOLULU 1990 (THE LAND USE ORDINANCE), AS AMENDED, RELATING TO
GENETICALLY MODIFIED ORGANISM ("GMO") CROPS.
WHEREAS, health testing of the effects of exposure to genetically modified or
engineered organisms ("GMOs") in food is not required by any government agency; and
WHEREAS, the lack of comprehensive safety testing leaves a potentially
dangerous scientific void in the knowledge available about the short- and long-term
health effects on animals and humans of the ingestion of genetically engineered crops;
and
WHEREAS, there is inadequate regulatory monitoring and oversight of GMO
crops by the state and federal governments necessary to ensure public health and
environmental safety; and
WHEREAS, farmers who choose not to grow GMO crops currently have no clear
legal recourse if their non-GMO crops are contaminated by genetically engineered
pollen or seeds; and
WHEREAS, crops engineered to be resistant to pests or disease may speed the
mutation of the pests and disease-causing viruses, bacteria and fungi to be resistant to
treatments used by producers using non-resistant crops; and
WHEREAS, currently, adequate safeguards do not exist to prevent genetically
engineered contamination of non-GMO crops that can result from human causes and
forces of nature (such as wind, flooding, birds, bees and other insects, and other
animals); and
WHEREAS, the potentially devastating economic and environmental impacts of
such contamination on producers of non-genetically engineered crops and on the City's
unique and fragile ecosystem are unknown; and
WHEREAS, the Council finds that regulating where GMO crops can be grown
deserves its scrutiny; and
WHEREAS, Section 6-1513 of the Revised Charter of the City and County of
Honolulu 1973, as amended (RCH), provides that "[a]ny revision of or amendment to
the zoning ordinances may be proposed by the council and shall be processed in the
same manner as if proposed by the director [of planning and permitting]"; and
OCS/052512/01:45/TG 1
-; 4 CITY COUNCIL
Q= i'/ CITY AND COUNTY OF HONOLULU No 1 2-130 HONOLULU, HAWAII
RESOLUTION
WHEREAS, Section 6-1513, RCH, further provides that "[a]ny such revision or
amendment shall be referred to the director and the planning commission by resolution,
which resolution shall be accompanied by supporting documentation sufficient to satisfy
the director's usual requirements for the commencement of processing"; and
WHEREAS, for the purposes of the RCH, the term "zoning ordinances" refers
both to the codification of land use standards in the Land Use Ordinance and to
ordinances zoning and rezoning particular parcels of property (Section 6-1514, RCH);
and
WHEREAS, it is the desire of the City Council that the Director of Planning and
Permitting and Planning Commission process the proposed amendment to Chapter 21,
Revised Ordinances of Honolulu (ROH) 1990, as amended, attached hereto as Exhibit
"A"; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that the
Director of Planning and Permitting is directed, pursuant to Section 6-1513 of the
Revised Charter of the City and County of Honolulu 1973, as amended, to process the
proposed amendment to Chapter 21 , ROH 1990 (the Land Use Ordinance), attached
hereto as Exhibit "A," in the same manner as if the proposal had been proposed by the
Director; and
BE IT FURTHER RESOLVED that the Director of Planning and Permitting is
directed to inform the Council upon the transmittal of the Director's report and the
proposed Land Use Ordinance amendment to the Planning Commission; and
BE IT FURTHER RESOLVED that if the Director of Planning and Permitting
decides to initiate an alternative to the proposal attached hereto as Exhibit "A," the
Director is directed to transmit both the attached proposal and the Director's alternative
to the Planning Commission, and the Planning Commission is directed to transmit both
proposals and its recommendation on both proposals to the Council; and
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1" . CITY COUNCIL
E 12-130
:�. Q_) CITY AND COUNTY OF HONOLULU No.
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that certified copies of this Resolution and the
Exhibit attached hereto be transmitted to the Director of Planning and Permitting and
the Planning Commission of the City and County of Honolulu.
INTRODUCED B •
DATE OF INTRODUCTION:
MAY 29 2012
Honolulu, Hawaii Councilmembers
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EXHIBIT A
= E. CITY COUNCIL ORDINANCE
\411-)ii.%' CITY AND COUNTY OF HONOLULU BILL
HONOLULU, HAWAII
A BILL FOR AN ORDINANCE
RELATING TO AGRICULTURE.
BE IT ORDAINED by the People of the City and County of Honolulu:
SECTION 1 . Findings and Purpose. The Council finds that:
A. There is inadequate regulatory monitoring and oversight of genetically modified
organism or genetically engineered crops ("GMO" crops) by the federal and state
governments necessary to ensure public health and environmental safety.
B. Health testing of the effects of exposure to genetically engineered organisms in
food is not required by any government agency. The lack of comprehensive
safety testing leaves a potentially dangerous scientific void in the knowledge
available about the short- and long-term health effects on animals and on
humans of the ingestion of genetically engineered crops.
C. Farmers who choose not to grow genetically engineered crops currently have no
clear legal recourse if their non-genetically engineered crops are contaminated
by genetically engineered pollen or seeds.
D. Crops engineered to be resistant to pests or disease may speed the mutation of
the pests and disease-causing viruses, bacteria and fungi to be resistant to
treatments used by producers of non-resistant crops.
E. Currently, adequate safeguards do not exist to prevent genetically engineered
contamination of non-genetically engineered crops that can result from forces of
nature and human causes. The potentially devastating economic and
environmental impacts of this contamination on producers of non-genetically
engineered crops and on the City's unique and fragile ecosystem are unknown.
It is the purpose of this ordinance to promote the health, safety and welfare of the
people of the City and County of Honolulu by restricting the production of GMO crops
and the sale and storage of the seeds of GMO crops.
SECTION 2. Chapter 21 , Table 21-3 ("Master Use Table"), Revised Ordinances
of Honolulu 1990, as amended, is amended by amending the "crop production" and
"storage and sale of seed, feed, fertilizer and other products essential to agricultural
production" uses in the Agriculture" category to read as follows:
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OCS/052512/01:45/TG
CITY COUNCIL ORDINANCE
(1-) / CITY AND COUNTY OF HONOLULU
BILL
HONOLULU, HAWAII
A BILL FOR AN ORDINANCE
"TABLE 21-3
MASTER USE TABLE
In the event of any conflict between the text of this Chapter and the following table,the text of the Chapter shall control. The following table
is not intended to cover the Waikiki Special District;please refer to Table 21-9.6(A).
KEY Ac = Special accessory use subject to standards in Article 5
Cm = Conditional Use Permit-minor subject to standards in Article 5;no public hearing required(see
Article 2 for exceptions)
C = Conditional Use Permit-major subject to standards in Article 5;public hearing required
P = Permitted Use
P/c = Permitted use subject to standards in Article 5
PRU = Plan Review Use
ZONING DISTRICTS
USES O
(Note: Certain uses rr cc
are defined in Article a c o xi. in x `O o
10.) N 0 0 O N n c7 r N C') 2 2 2 N
a < < U Q cc cc a ¢ Q ¢ ¢ ¢ a m m m m
AGRICULTURE
Crop production PL PL PL PL
Storage and sale of P/c P/c PL P/
seed,feed,fertilizer
and other products
essential to
agricultural production
SECTION 3. Chapter 21 , Article 5 ("Specific Use Development Standards"),
Revised Ordinances of Honolulu 1990, as amended, is amended by adding a new
section to be designated by the revisor of ordinances and to read as follows:
"Sec. 21-5. Crop production.
(a) Crop production shall be limited to production of crops that are not GMO
crops.
(b) Any person engaged in crop production shall maintain records regarding
the source of the seed, cuttings or other material from which the crops are
produced in such detail as the director may prescribe by rule so as to
enable the director to determine whether the crop production complies
with this chapter."
SECTION 4. Section 21-5.620, Revised Ordinances of Honolulu 1990, as
amended, is amended to read as follows:
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CITY C O U N C I L ORDINANCE
�" lQ=); CITY AND COUNTY OF HONOLULU
1 HONOLULU, HAWAII BILL
A BILL FOR AN ORDINANCE
"Sec. 21-5.620 Storage and sale of seed, feed, fertilizer and other products
essential to agricultural production.
al In the agricultural zoning districts, the following standards shall apply:
[(a)] u Only products which are clearly incidental to agricultural activities
shall be permitted.
[(b)] (2) Maximum building area shall not exceed 25 percent of lot area.
[(c)] (3) No such facility shall be located within 300 feet of any adjoining
residential, apartment or apartment mixed use district.
jb) In the agricultural and industrial zoning districts, seed storage and sales
shall be limited to seed for crops that are not GMO crops.
(c) Any person engaged in seed storage and sales shall maintain records
regarding the source of the seed being stored, sold or offered for sale in
such detail as the director may prescribe by rule so as to enable the
director to determine whether the storage or sale complies with this
chapter."
SECTION 5. Section 21-10.1, Revised Ordinances of Honolulu 1990, as
amended, is amended by adding three new definitions to be inserted by the revisor of
ordinances in their proper alphabetical order and to read as follows:
"DNA" means deoxyribonucleic acid, the material naturally found within the cells
of a living organism containing the cells' genetic code and transmitting hereditary
patterns to offspring of the organism."
""GMO crops" or "genetically modified organism crops" means plants or the
offspring of plants, the DNA of which has been altered or amended through
genetic engineering. Such crops are also commonly referred to as "genetically
engineered crops" or "transgenic crops."
"Genetic engineering" means altering or amending DNA using recombinant DNA
technology such as gene deletion, gene doubling, introduction of a foreign gene,
or changing the position of genes, and includes cell fusion, micro encapsulation,
macro encapsulation, gene splicing, and other similar processes. The term does
not include traditional selective breeding, conjugation, fermentation,
hybridization, simple in vitro fertilization or tissue culture."
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CITY COUNCIL ORDINANCE
_) CITY AND COUNTY OF HONOLULU
BILL
HONOLULU, HAWAII
A BILL FOR AN ORDINANCE
SECTION 6. Section 21-4.110, Revised Ordinances of Honolulu 1990, as
amended ("Nonconformities"), is amended by amending subsection (c) to read as
follows:
"(c) Nonconforming Uses. Strict limits are placed on nonconforming uses to
discourage the perpetuation of these uses, and thus facilitate the timely
conversion to conforming uses.
(1) A nonconforming use shall not extend to any part of the structure or
lot which was not arranged or designed for such use at the time of
adoption of the provisions of this chapter or subsequent
amendment; nor shall the nonconforming use be expanded in any
manner, or the hours of operation increased. Notwithstanding the
foregoing, a recreational use that is accessory to the
nonconforming use may be expanded or extended if the following
conditions are met:
(A) The recreational accessory use will be expanded or
extended to a structure in which a permitted use also is
being conducted, whether that structure is on the same lot or
an adjacent lot; and
(B) The recreational accessory use is accessory to both the
permitted use and the nonconforming use.
(2) Any nonconforming use that is discontinued for any reason for 12
consecutive months, or for 18 months during any three year period,
shall not be resumed; however, a temporary cessation of the
nonconforming use for purposes of ordinary repairs for a period not
exceeding 120 days during any 12-month period shall not be
considered a discontinuation.
(3) Work may be done on any structure devoted in whole or in part to
any nonconforming use, provided that work on the nonconforming
use portion shall be limited to ordinary repairs. For purposes of this
subsection, ordinary repairs shall only be construed to include the
following:
(A) The repair or replacement of existing walls, floors, roofs,
fixtures, wiring or plumbing; or
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CITY COUNCIL ORDINANCE
CITY AND COUNTY OF HONOLULU
BILL
HONOLULU, HAWAII
A BILL FOR AN ORDINANCE
(B) May include work required to comply with city, state, or
federal mandates such as, but not limited to, the Americans
with Disabilities Act (ADA) or the National Environmental
[Protection] Policy Act (NEPA); or
(C) May include interior and exterior alterations, provided that
there is no physical expansion of the nonconforming use or
intensification of the use.
Further, ordinary repairs shall not exceed 10 percent of the current
replacement cost of the structure within a 12-month period, and the
floor area of the structure, as it existed on October 22, 1986, or on
the date of any subsequent amendment to this chapter pursuant to
which a lawful use became nonconforming, shall not be increased.
(4) This subsection shall not apply to crop production of GMO crops or
to the storage and sale of the seed of GMO crops."
SECTION 7. Ordinance material to be repealed is bracketed. New material is
underscored. When revising, compiling or printing this ordinance for inclusion in the
Revised Ordinances of Honolulu, the revisor of ordinances need not include the
brackets, the bracketed material, or the underscoring.
5
ORDINANCE
IN' CITY C O U N C I L
,.?, 41 j. CITY AND COUNTY OF HONOLULU BILL
HONOLULU, HAWAII
A BILL FOR AN ORDINANCE
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
DATE OF INTRODUCTION:
Honolulu, Hawaii Councilmembers
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
APPROVED this day of , 20 .
Mayor
City and County of Honolulu
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