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HomeMy WebLinkAboutREP EMC 006 2016/05/03 (2014-2016) (Reconvened on 2016/05/16)OFFICE INFORMATION ONLY Meeting: Council —June 3, 2016 Action: Failed at first reading due to vote of 4 ayes, 4 noes, and 1 absent (Draft 2) Re: Bill 140; Comm. 664; (2014-2016 term) REPORT OF THE COMMITTEE ON ENVIRONMENTAL MANAGEMENT DATE: May 3, 2016 Re: Comm. No. 664/13iII No. 140 PLACE: Council Chambers Hilo, Hawaii TIME: 3:30 p.m. Council Chair and Members Hawaii County Council Hilo, HI 96720 Your Committee on Environmental Management, to which was referred Bill No. 140, reports as follows: Bill No. 140, transmitted by Council Member Margaret Wille, via Communication No. 664, dated January 28, 2016, amends Chapter 20 of the Hawaii County Code 1983 (2005 Edition, as amended), by adding a new article relating to reduction of polystyrene foam "styrofoam" food containers and food service ware. On February 16, 2016. there were about 26 people who testified at the meeting, including a video presentation by students from schools in Waimea. Most spoke in support of this bill. Ms. Wille expressed her thoughts regarding this bill, including the problems of polystyrene foam, its effects on marine animals and human health and asked for support. Ms. Eoff, Ms. David and Ms. Poindexter all spoke in favor of this bill. Mr. Chung and Mr. Paleka shared their concerns. Mr. Chung suggested more education and to work with business After discussion, the committee voted to refer Bill 140 to the Department of Environmental Management Director and the Environmental Management Commission for their review and recommendation. On March 24, 2016, the Environmental Management Commission responded via Communication No. 664.48, which stated its meeting that was scheduled within the 45 -day deadline was cancelled due to lack of quorum. According to County Code section 2-207, such inaction shall be considered a negative recommendation. On April 1.2016, the Director of the Department of Environmental Management provided her review and recommendation via Communication No. 664.48. On May 12016, there were over 40 people who testified at the meeting, including the Environmental Management Director front Washington, D.C. He was called up later to explain their ordinance. Director Leithead-Todd was also called up to explain her proposed amendments, concerns and answered questions. she said the commission would also like to review the amendments and that it will be on the next commission meeting. EMC Report No. 6 EMC -6 Page 2 May 3, 2016 Ms. Wille moved to amend Bill 140 with Communication No. 664. 52. Committee Chair Onishi called a recess to the May 16th meeting to give councilmembers time to review the amendments. On May 16, 2016, the committee continued its meeting from May 3. Ms. Wille said she has incorporated the director's proposals in communication No. 664-52, which included exemptions, enforcement, and provisions of exemptions for hardship. She added a provision for education and adjusted the date to be the same date that the commercial composting facility will be in operation. Ms. Eoff, Ms. Poindexter, and Ms. David all spoke in support of this bill. Mr. Paleka was concerned about prohibition. He said he likes the idea but the problem is with fairness. Mr. Kanuha agrees with all of the exemptions but didn't understand commerce clause. Director used the example that you can ban smoking in a building but you cannot ban import of cigarettes. She wants to be sure we don't run afoul. Mr. Ragan had questions about production of polystyrene products, including selling of products. He said because there's fines involved, it should be clear who we're enforcing law on. Mr. Onishi expressed his concern that this would affect non -profits and fundraising groups. He called on Dr. Cruzan, Ph.D in biochemistry, toxicology; and asked if styrene is in people's bodies. Dr. Cruzan responded from: auto exhaust; in foods like cinnamon, coffee, alcoholic beverages, some fruits and nuts, and strawberries. Further stating the primary principal of toxicology is its dose. The motion to amend passed with a vote of 8 ayes. On the main motion, Ms. Wille said she will make changes for clarification and made statement why this is important. Mr. Chung said he will vote against this, focus on food vendors is not fair and read names of long-time businesses. Mr. Kanuha said we need to educate business owners and let them know this is the direction we want to go. It's hard to do business here and who we're affecting is our people. Mr. Onishi said he doesn't see penalizing food vendors because of individuals who is the source of the problem; people are the ones littering. the main motion passed with a vote of 5 ayes. Your Committee on Environmental Management is in accord with the purpose and intent of Bill No. 140, as amended to Draft 2, and recommends its passage on first reading. de Respectfully submitted. COMMITTEE ON ENVIRONMENTAL MANAGEMENT DENNIS "FRESH" ONISf If CHAIR EMC REPORT NO,:—6 ADOPTED: res Noes ADS ES X X X XXXXXX E11LAGAN Respectfully submitted. COMMITTEE ON ENVIRONMENTAL MANAGEMENT DENNIS "FRESH" ONISf If CHAIR EMC REPORT NO,:—6 ADOPTED: