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Home My WebLink AboutCOM 0385.002 2012-2014 BRENDA J. FORD ��"tY o`"•' ; ' Phone: (808)323-4277 Council Member � ( ) District 6 - Portion of N. Kona, ' � �� Fax: (808) 329- 4786 South Kona, Ka`u, & the Greater ;f:,,;,;,. �,: Volcano Area ''F dF_"'� E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. b Kailua-Kona, Hawaii 96740 c-� DATE: August 26, 2013 co TO: J Yoshimoto, Chairperson, And Members of the Hawai`i County Council FROM: Brenda J. Ford, Council Member 9C/11-- SUBJECT: PROPOSED AMENDMENT TO BILL NO. 109 RELATING TO THE RESTRICTION OF GENETICALLY MODIFIED ORGANISMS. Please find below proposed amendment(s)to Bill No. 109. The amendment is illustrated below via Ramsayer format with respect to the contents of Bill No. 109; material to be deleted is bracketed and stricken through; material to be added is underscored. Bill No. 109 is amended by amending Section 14- . Exemptions to read as follows: "Section 14-_. Exemptions. (1) Genetically modified papayas on existing acreage where they have been grown prior to the effective date of this ordinance shall be exempt, provided that the owner is registered annually; and (2) Nothing in this article shall make it unlawful for state or federally licensed medical or agricultural research institutions to conduct licensed medical or agricultural research or production involving genetically modified organisms, provided all activity relating to genetically modified organisms is located in a biosafety level 3 containment facility and no genetically modified organism is released outside of a biosafety level 3 containment facility. Any exempted activity shall comply with the registration provisions of this article. A draft copy of Bill No. 109 is attached with the amendment incorporated. BJF/la att. Comm. No. 3$S'; Ref.To: Serving the Interests of the People of Our Island Ref. Date S1 0 6 2013 Hawai`i County Is An Equal Opportunity Provider And Employer AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE RESTRICTION OF GENETICALLY MODIFIED ORGANISMS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: "Article_. Genetically Modified or Engineered Organisms Prohibited. Section 14-_. Purpose. The purpose of this article is to: (1) Protect human, animal, and plant life, and the land, water, and air on or under, in or over the Island of Hawai`i, including the ocean with its marine life that surrounds the Island of Hawai`i, from the adverse effects of biotechnical modification of any organism's genome; (2) Maintain the Island of Hawai`i as a heritage seed bank and gene bank to preserve the biodiversity of plants, animals, and other organisms in case reserves of such organisms are destroyed elsewhere; and (3) Safeguard honeybees, which pollinate at least thirty percent of our food crops, from pesticides placed in some organisms through the use of genetic modification thereby threatening that portion of our food supply pollinated by honeybees. Section 14-_. Definitions. As used in this article, unless the context clearly requires otherwise: "Cultivate" means to propagate, raise, plant, or grow flora or fauna, whether for ornamental or consumption purposes. "Department" means the department of environmental management. "Develop" means to test, modify, or genetically manipulate the genomes of an organism. "Director" means the director of the department of environmental management, or the director's authorized representative(s). "Genetic engineering" means the biotechnology used to introduce, remove, or modify specific parts of an organism's genome. Genetic engineering is also known as genetic modification. "Genetically modified organism" means any microorganism, plant, or animal whose genetic material (genome) has been altered, modified, or changed using the bio-techniques of genetic engineering so that the organism can produce more product, different chemicals, or perform completely new functions. A genetically modified organism is also known as a transgenic organism or a transgenetic organism. "Genome" means the organism's hereditary information encoded in the organism's deoxyribonucleic acid, also known as DNA. "Person" includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. (a) Whenever the director determines that there exists a violation of any provision of this article, the director shall serve a notice of violation upon the parties responsible for the violation, which may include, but shall not be limited to the owner and any lessee of the property where the violation is located, to make the location where the cultivation, development, or use of genetically modified organisms is occurring compliant with this article. Such notice of violation shall include: (1) The date of the notice; (2) The name and address of the person noticed, and the location of the violation; (3) The section number of the ordinance, code or rule which has been violated; (4) The nature of the violation; and (5) The deadline for compliance with the notice. (b) Proper service of such notice shall be by personal service, registered mail, or certified mail upon the owner of record, provided, that if such notice is by registered mail or certified mail, the designated period within which the owner or person in charge is required to comply with the order of the director shall begin as of the date the owner or person in charge receives such notice. Section 14- . Administrative enforcement. (a) If the director determines that any person, firm or corporation is not complying with a notice of violation, the director may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this section. (b) Contents of the order. (1) The order may require the parties responsible for the violation, including but not limited to the owner/lessee of the property where the violation is located, to do any or all of the following: (A) Correct the violation within the time specified in the order; (B) Pay a civil fine not to exceed $1,000 in the manner, at the place, and before the date specified in the order; (C) Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (2) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the director's action may be appealed through a contested case hearing process. (c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under this section shall become final thirty calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order and request a contested case hearing under Chapter 91 of the Hawai`i Revised Statues. (1) The director shall establish administrative rules that shall include a contested case hearing process for an appeal by any aggrieved person. (2) The environmental management commission shall conduct the contested case hearing, and shall thereby affirm the decision of the director, or it may reverse or modify the decision if the decision is: (A) In violation of this article or other applicable law; (B) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or 3 construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (f) Any authorized personnel designated by the director, upon making an arrest for a violation of this article, may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be entered against the violator at a place and at a time provided in the summons or citation. (g) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai`i and County of Hawai`i. (h) In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe by giving to the violator a copy of the citation and provide for the disposition of the original and any other copies. (i) Every citation shall be consecutively numbered and each copy shall bear the number of its respective original. Section 14-_. Injunctive relief. Proceedings for injunctive relief in a court of competent jurisdiction may be heard for potential violations of this article." SECTION 2. 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 the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 3. This ordinance shall take effect upon its approval. 5