HomeMy WebLinkAboutBIL 242 Draft 02 2014-2016O 7
COUNTY OF HAWAII
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 242
DRAFT 2
AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
IMPLEMENTING SUSTAINABILITY AND RESILIENCE PRINCIPLES FOR THE
LONG-TERM WELLBEING OF THE COUNTY AND ITS INHABITANTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 16 of the Hawaii County Code 1983 (2005 Edition, as
amended), is amended by adding a new article to be appropriately designated and to read as
follows:
"Article _. Aloha `Aina: Sustainability Standards.
Division 1. Findings and Purpose, Authority, and Definitions.
Section 16 -_Findings and purpose.
The council is cognizant that the promotion of the sustainability of our island's natural
resources can be advanced on a case-by-case basis, or preferably by way of defined policies and
principles as set forth in this article.
As representative of an island community, the council is particularly sensitive to the
limitations of on -island and marine natural resources, and the urgent need to make difficult
choices to ensure the long-term viability of our economic, socio -cultural, and environmental
well-being. Likewise, the council is aware of the need to not only advance short-term public and
private economic gains, but on a day-to-day basis to take affirmative steps to prevent cumulative
harmful impacts to our environmental habitat, our cultural assets, and long-term economic
vitality.
By increasing accountability with regard to its affirmative public trust duty, the council
seeks to establish the County of Hawaii as a model of the interrelated sustainability goals of
long-term economic, environmental, and cultural sustainability for the benefit of our island, our
state, and our pacific region `ohana.
As explained in a 2013 article by Paul James et al., in "Environment, Development and
Sustainability", sustainability implies responsible and proactive decision-making and innovation
that minimizes negative impact and maintains balance between ecological resilience, economic
prosperity, political justice, and cultural vibrancy to ensure a desirable planet for all species now
and in the future.
Section 16- —
Authority.
The authority to address and advance long-term sustainability is granted to counties by:
(1) The Hawaii Revised Statutes, section 46-1.5 "General powers and limitation of the
counties," specifically item (13), which provides:
"Each county shall have the power to enact ordinances deemed
necessary to protect health, life, and property, and to preserve the order
and security of the county and its inhabitants on any subject or matter
not inconsistent with, or tending to defeat, the intent of any state statute
where the statute does not disclose an express or implied intent that the
statute shall be exclusive or uniform throughout the State."
(2) The Hawaii County Charter section 13-29 "Conservation of Natural and Cultural
Resources," which 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."
(3) The Hawaii State Constitution, Article XI, Section 9, which provides:
"Each person has the right to a clean and healthful environment, as
defined by laws relating to environmental quality, including control of
pollution and conservation, protection and enhancement of natural
resources. Any person may enforce this right against any party, public
or private, through appropriate legal proceedings, subject to reasonable
limitations and regulation as provided by law."
Section 16-_ Definitions.
As used in this article, unless otherwise specified:
"Aloha + Challenge": is a statewide commitment to sustainability that builds on
Hawai'i's history of systems thinking, incorporates Hawaiian cultural values, and targets
ambitious goals in the areas of clean energy, local food production and consumption, natural
resource management, waste reduction, smart sustainable communities (including climate
resilience and livability), and green workforce and education.
"Community development plan" means a County comprehensive plan for an area within
the County adopted by ordinance pursuant to section 15.1 of the general plan. Wherever used in
this article, such use shall be applicable only to those planning areas that have officially adopted
a community development plan, pursuant to section 16-2.
"General plan" means the County of Hawaii general plan adopted as Ordinance No.
05-25, and as thereafter amended pursuant to section 3-15 of the charter. The general plan is the
County's policy directive for the long-range comprehensive development of the island which
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specifically includes the following mandate: "Inject long-range considerations into the
determination of short-range actions and implementation."
"Public trust duty" means the obligation of the State of Hawaii and its counties to take
the initiative in considering, protecting, and advancing public rights in the resource at every stage
of the planning and decision-making process. Specifically, the public trust compels the
government decision-making body to duly consider the cumulative impact of existing and
proposed diversions on trust purposes and to implement reasonable measures to mitigate this
impact including the use of alternative sources consistent with a global, long-term perspective.
"Resilience" means the ability of a system, built or natural, to survive and handle
disruption of the system, both in the face of acute crises and cumulative crises.
"Sustainability" means achieving the following: (1) Respect and protection for the
cultures, beauty, and history of the Island of Hawaii; (2) Ensuring that proposed actions will not
result in permanent damage to the environment or to significant cultural assets; and (3) Meeting
the needs of the present economic, sociocultural, and environmental wellbeing without
compromising the ability of future generations to meet their own needs.
Division 2. Reports and Records.
Section 16 -_Annual sustainability and resilience report.
(a) On an annual basis, beginning no later than July 1, 2018, the planning department in
coordination with the department of public works, civil defense agency, department of
environmental management department, and the department of research and
development, shall report to the council on the County's progress and challenges in
implementing sustainability planning as provided for in the State's Aloha + Challenge
Initiative, the County's General Plan and related community development plans, and as
mandated in the Hawaii State Constitution, Article XI, Section 9, and in the Hawaii
County Charter Section 13-29 "Conservation of Natural and Cultural Resources", in
particular with respect to:
(1) Conservation and enhancement of land and marine resources;
(2) Conservation and enhancement of cultural assets;
(3) Solid waste reduction and maximization of diversion of green waste and other
compostables to mulch and compost;
(4) Transportation and maximization of mass transit;
(5) Local food production and consumption, and related energy and water needs;
(6) Community health including adequate food, water, and shelter; and
(7) Implementation of natural and man-made disasters planning, including with
regard to cumulative impacts of sea level rise, warming ocean temperatures,
drought, and global warming.
(b) In preparing the report, the planning department shall identify both strengths and
challenges, including where applicable:
(1) Identify environmental and cultural resources that are at risk in the short-term and
in the long-term in light of current trends;
(2) Identify reasonable strategies to avoid, minimize, and mitigate identified adverse
impacts on these resources; and
(3) Identify ways resources that are at risk can be enhanced, increased, or advanced.
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Section 16 -_Council sustainability and resilience review.
On an annual basis beginning no later than October 1, 2018, the council shall issue its
assessment of the County's sustainability and resilience efforts and shall make recommendations
to further advance those efforts.
Section 16-_ Records.
The planning department shall keep a record of all reports, decisions, and plans made
pursuant to this article. That record shall be available during normal business hours for review at
both the Kona and Hilo offices of the planning department."
SECTION 2. 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 effect 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 ninety days after approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1062.3
INTRODUCED BY:
El
CIL MFEMBER, COUNTY OF HAWAII