HomeMy WebLinkAboutRES 727 Draft 01 2014-2016 (9f L /
COUNTY OF HAWAII -•��:' / STATE OF HAWAII
RESOLUTION NO. 727 16
A RESOLUTION TO APPROVE LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2017 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE.
WHEREAS, additional proposals have been submitted by member counties of the
Hawai`i State Association of Counties (HSAC) for consideration by the Hawai`i County Council
for inclusion in the 2017 HSAC Legislative Package; and
WHEREAS, at its meeting on October 24, 2016, the HSAC Executive Committee
approved for inclusion in the 2017 HSAC Legislative Package four proposals submitted by the
County of Maui and one proposal from the City and County of Honolulu; and
WHEREAS, each proposal must be approved by all four councils to be included in the
2017 HSAC Legislative Package, which will be presented to the State Legislature when it
convenes in January 2017; and
WHEREAS, timely action is necessary for all counties to approve proposals to be
included in the final package; and
WHEREAS, proposals submitted by the counties are listed below and copies of the
proposed bills and resolution are attached hereto as Exhibit A:
1. A Bill for an Act Relating to Noise Control (City & County of Honolulu)
2. A Bill for an Act Relating to Government Records (County of Maui)
3. A Bill for an Act Relating to Important Agricultural Lands (County of Maui)
4. A Bill for an Act Relating to Land Use (County of Maui)
5. A Bill for an Act Relating to Collective Bargaining (County of Mau`i); now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
legislative proposals as presented in Exhibit A are hereby approved for inclusion in the 2017
Hawai`i State Association of Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawai`i State Association of Counties.
Dated at Kona , Hawai`i, this 16th day of November , 2016 .
INTRODUCED BY:
IAt , •
COUNCIL MEMBER, COUNTY OF HAWAII
•
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawai'i on_ November 16, 2016 X —
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
��'" WILLE X
7 0 2 0
1K Reference: C-1182/Waived GREDC
tCOUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 727 16 __
�p,TE Ass
Hawaii State Association of Counties (HSAC) °
Counties of Kaua`i, Maui, Hawai`i and City & County of Honolulu 411
200 S. High Sheet,Wailuku, Hawaii 96793 (303) 270-7665 www.hi ounfies.rorrr
COUttl
October 26, 2016
The Honorable Dru Mamo Kanuha The Honorable Ernie Martin
Council Chair Council Chair
Hawaii County Council Honolulu City Council
25 Aupuni Street 500 South King Street
Hilo, HI 96720 Honolulu, HI 96813
The Honorable Mel Rapozo The Honorable Mike White
Council Chair Council Chair
Kauai County Council Maui County Council
4396 Rice Street 200 South High Street
Lihue, HI 96766 Wailuku, HI 96793
Aloha, Council Chairs,
Please accept this as an update to my correspondence dated September 29, 2016.
Attached for your consideration are additional proposed State bills to be considered for
inclusion in the 2017 Hawaii State Association of Counties Legislative Package. Pursuant to
Section 13C of HSAC's bylaws, proposals must be approved by all four county councils in order
to be included in the HSAC Legislative Package.
The proposals include: 17,
1
1. A BILL FOR AN ACT RELATING TO NOISE CONTROL
To require the State Department of Health to regulate residential and commercial
noise. (Proposed by the City & County of Honolulu.)
2. A BILL FOR AN ACT RELATING TO GOVERNMENT RECORDS
To allow certain government records to be shared among councilmembers where no
commitment to vote on the matter is made or sought (Proposed by Maui County.)
3. A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS
To allocate $250,000 to the counties in the next two fiscal years for the identification
and mapping of Important Agricultural Lands. (Proposed by Maui County.)
4. A BILL FOR AN ACT RELATING TO LAND USE
To allow counties to petition the State Land Use Commission for regional district
boundary amendments after adoption of general plan updates (Proposed by
Maui County.)
EXHIBIT A
ypSE AS"�
far t�,
o'r,
Page e 12 I M;
5. A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING
To allow a representative of each county council to participate as a non-voting
member in bargaining unit negotiations, to allow each county council to receive
updates on relevant bargaining unit negotiations, and to change the allocation of
votes for Bargaining Units 11 and 12. (Proposed by Maui County.)
May I please request your council consider approving for inclusion in the 2017 HSAC
Legislative Package any or all of the proposals initiated by another county. For any proposal
initiated by your county, additional action is not required.
Any action should be taken before the next HSAC Executive Committee meeting on
November 28, 2016, to ensure we meet our previously stated goal of having the package
approved by the end of next month.
Your attention to this matter is greatly appreciated. Should you have any questions,
please call HSAC staff at (808) 270-7665.
Sincerely,
—11-AciAS •Vvi
MICHAEL P. VICTORINO
HSAC President
I ,5; C...t7 Y2016.1 61r JJS_1C no X
EXHIBIT A
. B. NO.
A BILL FOR AN ACT
1 RELATING TO NOISE CONTROL.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
3 SECTION 1. Section 342F-3 (a) , Hawaii Revised Statutes, is
4 amended to read as follows:
5 " (a) In addition to any other power or duty prescribed by
6 law and in this chapter, the director shall prevent, control,
7 and abate noise pollution in the State. The director shall
8 regulate the control of residential and commercial noise. In
9 the discharge of this duty, the director may make, amend, and
10 repeal state rules controlling and prohibiting noise pollution.
11 All rules shall be adopted pursuant to chapter 91. Any person
12 heard at the public hearing shall be given written notice of the
13 action taken by the department with respect to the rules."
14 SECTION 2. New statutory material is underscored.
15 SECTION 3. This Act shall take effect upon approval.
16
17 INTRODUCED BY:
EXHIBIT A
. B . NO.
A BILL FOR AN ACT
RELATING TO GOVERNMENT RECORDS
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 92-2 . 5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "Permitted interactions of members. (a) Two members of a
4 board may discuss between themselves matters relating to
5 official board business to enable them to perform their duties
6 faithfully, as long as no commitment to vote is made or sought
7 and the two members do not constitute a quorum of their board.
8 (b) Two or more members of a board, but less than the
9 number of members [ilk] that would constitute a quorum for the
10 board, may be assigned to:
11 (1) Investigate a matter relating to the official business
12 of their board; provided that:
13 (A) The scope of the investigation and the scope of
14 each member' s authority are defined at a meeting of the
15 board;
EXFEXI I 1 `►A"
Page 2
B . NO .
1 (B) All resulting findings and recommendations are
2 presented to the board at a meeting of the board; and
3 (C) Deliberation and decisionmaking on the matter
4 investigated, if any, occurs only at a duly noticed meeting
5 of the board held subsequent to the meeting at which the
6 findings and recommendations of the investigation were
7 presented to the board; or
8 (2) Present, discuss, or negotiate any position [wok]
9 that the board has adopted at a meeting of the board; provided
10 that the assignment is made and the scope of each member' s
11 authority is defined at a meeting of the board prior to the
12 presentation, discussion, or negotiation.
13 (c) Discussions between two or more members of a board, but less
14 than the number of members which would constitute a quorum for
15 the board, concerning the selection of the board' s officers may
16 be conducted in private without limitation or subsequent
17 reporting.
18 (d) Board members present at a meeting that must be canceled for
19 lack of quorum or terminated pursuant to section 92-3 . 5 (c) may
20 nonetheless receive testimony and presentations on items on the
21 agenda and question the testifiers or presenters; provided that:
EXHIBIT A
Page 3 . B . 110.
1 (1) Deliberation or decisionmaking on any item, for which
2 testimony or presentations are received, occurs only at a duly
3 noticed meeting of the board held subsequent to the meeting at
4 which the testimony and presentations were received;
5 (2) The members present shall create a record of the oral
6 testimony or presentations in the same manner as would be
7 required by section 92-9 for testimony or presentations heard
8 during a meeting of the board; and
9 (3) Before its deliberation or decisionmaking at a
10 subsequent meeting, the board shall:
11 (A) Provide copies of the testimony and presentations
12 received at the canceled meeting to all members of the
13 board; and
14 (B) Receive a report by the members who were present
15 at the canceled or terminated meeting about the testimony
16 and presentations received.
17 (e) Two or more members of a board, but less than the number of
18 members [which] that would constitute a quorum for the board,
19 may attend an informational meeting or presentation on matters
20 relating to official board business, including a meeting of
21 another entity, legislative hearing, convention, seminar, or
EXHIBIT A
Page 4 . B . 1\IO.
1 community meeting; provided that the meeting or presentation is
2 not specifically and exclusively organized for or directed
3 toward members of the board. The board members in attendance may
4 participate in discussions, including discussions among
5 themselves; provided that the discussions occur during and as
6 part of the informational meeting or presentation; and provided
7 further that no commitment relating to a vote on the matter is
8 made or sought.
9 At the next duly noticed meeting of the board, the board members
10 shall report their attendance and the matters presented and
11 discussed that related to official board business at the
12 informational meeting or presentation.
13 (f) Discussions between the governor and one or more members of
14 a board may be conducted in private without limitation or
15 subsequent reporting; provided that the discussion does not
16 relate to a matter over which a board is exercising its
17 adjudicatory function.
18 (g) Discussions between two or more members of a board and the
19 head of a department to which the board is administratively
20 assigned may be conducted in private without limitation;
EXHIBIT A
Pages . B . 110.
1 provided that the discussion is limited to matters specified in
2 section 26-35 .
3 (h) A member of a board may provide, by memorandum or other
4 means of transmittal, other members of the board any government
5 record for which disclosure is required by section 92F-12;
6 provided that:
7 (1) No commitment relating to a vote on the matter is made
8 or sought by the board member in the means of transmittal; and
9 (2) No additional discussion other than a statement
10 describing the government record and the issue related to the
11 government record shall be included in the transmittal.
12 [ (h) 1 (i) Communications, interactions, discussions,
13 investigations, and presentations described in this section are
14 not meetings for purposes of this part. "
15 SECTION 2. Statutory material to be repealed is bracketed
16 and stricken. New statutory material is underscored.
17 SECTION 3 . This Act shall take effect upon its approval.
INTRODUCED BY:
paf:kcw:16-147a
EXHIBIT A
. B . NO .
A BILL FOR AN ACT
RELATING TO IMPORTANT AGRICULTURAL LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Article XI, section 3 of the Hawaii State
2 Constitution establishes the State' s duty to "conserve and
3 protect agricultural lands, promote diversified agriculture,
4 increase agricultural self-sufficiency and assure the
5 availability of agriculturally suitable lands" and provides
6 protections for lands identified as important agricultural
7 lands. In service of this duty, the legislature enacted Act
8 183, Session Laws of Hawaii 2005, which was codified in part III
9 of chapter 205, Hawaii Revised Statutes.
10 Act 183 directed each county to work with government and
11 community stakeholders to, within sixty months of receipt of
12 State funds for the purpose, identify and map potential
13 important agricultural lands within its jurisdiction and make
14 recommendations to the State Land Use Commission for the
15 designation of these lands as important agricultural
16 lands. Once designated, agricultural operations on important
17 agricultural lands are eligible for a variety of State and
�� IIITft"
Page . B . NO .
1 county assistance and incentive programs including grants and
2 other funding assistance, tax incentives, favorable
3 r infrastructure and permit requirements, and farm and business
4 education assistance. The legislature finds that, to date, most
5 counties have not received State funds to assist with their
6 identification and mapping duties under Act 183 .
7 The purpose of this Act is to implement Act 183 in
8 accordance with the State ' s constitutional duty to protect
9 important agricultural lands by providing funds to the counties
10 for the identification and mapping of important agricultural
11 lands.
12 SECTION 2. There is appropriated out of the general
13 revenues of the State of Hawaii the sum of $250, 000, or so much
14 thereof as may be necessary for fiscal year 2017-2018, and the
15 same sum or so much thereof as may be necessary for fiscal year
16 2018-2019, for grants-in-aid to the counties for the
17 identification and mapping of important agricultural lands
18 pursuant to section 205-47, Hawaii Revised Statutes, to be
19 allocated as follows:
20 (1) $ 62, 500 to the County of Hawaii;
21 (2) $ 62, 500 to the City and County of Honolulu;
22 (3) $ 62, 500 to the County of Kauai; and
EXHIBIT A
Page 3 ■ B . NO .
1 (4) $ 62, 500 to the County of Maui.
2 The sums appropriated shall be expended by the department
3 of business, economic development, and tourism for the purposes
4 of this Act.
5 SECTION 3 . This Act shall take effect on July 1, 2017 .
INTRODUCED BY:
pia:misc:003(2)abi1108:kcw
EXHIBIT A
. B . NO .
A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to aid the counties
2 in implementing their general plans by submitting them to the
3 State Land Use Commission for comprehensive redistricting, where
4 appropriate.
5 The State Land Use Law, Act 187, now codified as Chapter
6 205, Hawaii Revised Statutes, was originally adopted in 1961, in
7 part to address inadequate long-term land use planning on the
8 county level. Previously, agricultural land had been converted
9 for residential or other uses in a haphazard manner, without
10 consideration of any cohesive or efficient pattern of using
11 land. Prime agricultural land was being converted to
12 residential use with subdivisions located away from public
13 services .
14 The State Land Use Law identified four land-use districts,
15 each with its own standards and boundaries. To ensure the
16 orderly development of land for the public welfare, the State
17 Land Use Commission was established and charged with setting
END4 003(2)abi1107
Page 2
. B . NO.
1 standards and determining the boundaries of the urban, rural,
2 agricultural, and conservation districts. The process for
3 redistricting of lands is referred to as a "district boundary
4 amendment" which may be done on petition by private landowners,
5 developers, and State and county agencies .
6 Pursuant to Section 205-18, Hawaii Revised Statutes, the
7 office of planning is required to undertake a review of the
8 classification and districting of all lands in the State, within
9 five years from December 31, 1985, and every fifth year
10 thereafter. However, there have been only three 5-year boundary
11 reviews. The focus of these review efforts by the office of
12 planning has been on the Hawaii State plan, county general
13 plans, and county development and community plans. Although the
14 office of planning may initiate comprehensive, state land use
15 boundary amendments after completion of its five-year boundary
16 review of plans, it has seldom done so. This is a missed
17 opportunity to ensure that state land use districts conform to
18 county plans.
19 Under current practice, district boundary amendments are
20 done, almost exclusively, on a case-by-case basis, driven by
21 landowners and developers. This project-by-project review is
22 not only far from comprehensive, but time-consuming and
EXHIBIT A
Page . B ■ NO.
1 expensive, adding to the cost of housing and doing business in
2 the state. With the emphasis on individual amendments, the
3 perspective of regional planning is largely lost.
4 The Hawaii State Planning Act, Chapter 226, Hawaii Revised
5 Statutes, was enacted in 1978, requiring counties to adopt long-
6 range comprehensive plans to identify where growth and
7 preservation should occur. The counties now develop and adopt
8 their general plans in compliance with the Act, taking into
9 account population and demographic projections, infrastructural
10 needs, and conservation of natural and cultural resources . The
11 county adoption process involves public engagement and
12 sophisticated geographical information systems . The plans
13 typically have 20-year time frames with updates every 10 years.
14 Since 1978, each of the counties has developed modern
15 planning departments with capable professionals able to not only
16 prepare detailed plans, but to follow through with implementing
17 them. These plans, however, can be difficult to implement at
18 the state level if district boundaries are determined on a
19 project-by-project basis and not reviewed in a regional,
20 comprehensive manner. Allowing the counties to submit their
21 general plans to the commission for review and to request land
22 use district boundary amendments where appropriate would
EXHIBIT A
Page 4 a NIO .
1 accomplish the intent of Act 187 to further efficient land use
2 patterns, aid the counties in implementing their general plans,
3 and reduce the cost of permitting that is passed along to
4 consumers.
5 SECTION 2 . Section 205-18, Hawaii Revised Statutes, is
6 amended to read as follows:
7 §205-18 Periodic review of districts. (a) The office of
8 planning shall undertake a review of the classification and
9 districting of all lands in the State, within five years from
10 December 31, 1985, and every fifth year thereafter. The office,
11 in its five-year boundary review, shall focus its efforts on
12 reviewing the Hawaii state plan, county general plans, and
13 county development and community plans . Upon completion of the
14 five- E-]year boundary review, the office shall submit a report
15 of the findings to the commission. The office may initiate
16 state land use boundary amendments which it deems appropriate to
17 conform to these plans. The office may seek assistance of
18 appropriate state and county agencies and may employ consultants
19 and undertake studies in making this review.
20 (b) The counties may submit their general plans to the
21 commission for review and request land use boundary amendments
EXHIBIT A
Page 5 ■ B ■ N 0 .
1 for those lands designated for urban, rural, agricultural, and
2 conservation uses in conformance with those plans.
3 SECTION 3 . Statutory material to be repealed is bracketed
4 and stricken. New statutory material is underscored.
5 SECTION 4 . This Act shall take effect upon its approval.
6
7
8 INTRODUCED BY:
9
10 pia:misc:003(2)abi1107:kcw
EXHIBIT A
. B . NO.
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to allow a
2 representative of each county council to be present as a non-
3 voting participant in negotiations with bargaining units if the
4 relevant county has employees in the particular bargaining unit.
5 County councils have the duty to appropriate funds for
6 their counties. Councils' knowledge of bargaining unit
7 negotiations and associated costs is essential to enable
8 effective financial planning for the counties.
9 SECTION 2 . Section 89-6, Hawaii Revised Statutes, is
10 amended by amending subsection (d) to read as follows:
11 " (d) For the purpose of negotiating a collective
12 bargaining agreement, the public employer of an appropriate
13 bargaining unit shall mean the governor together with the
14 following employers:
15 (1) For bargaining units (1) , (2) , (3) , (4) , (9) , (10) ,
16 (13) , and (14) , the governor shall have six votes and
17 the mayors, the chief justice, and the Hawaii health
18 systems corporation board shall each have one vote if
EYHIRIT RIT \
Page 2
. B . NO .
1 they have employees in the particular bargaining unit;
2 and one representative from each county council shall
3 be allowed to attend as a non-voting participant
4 during negotiations if their county has employees in
5 the particular bargaining unit;
6 (2) For bargaining units (11) and (12) , the governor shall
7 have [four votcs] one vote and the mayors shall each
8 have one vote; and one representative from each county
9 council shall be allowed to attend as a non-voting
10 participant during negotiations if their county has
11 employees in the particular bargaining unit;
12 (3) For bargaining units (5) and (6) , the governor shall
13 have three votes, the board of education shall have
14 two votes, and the superintendent of education shall
15 have one vote; and
16 (4) For bargaining units (7) and (8) , the governor shall
17 have three votes, the board of regents of the
18 University of Hawaii shall have two votes, and the
19 president of the University of Hawaii shall have one
20 vote.
21 (5) The mayor or the mayor' s representative shall provide
22 timely updates relating to bargaining unit
EXHIBIT A
• Page 3
. B . NO.
1 negotiations to the county councils in an executive
2 meeting.
3 Any decision to be reached by the applicable employer group
4 shall be on the basis of simple majority, except when a
5 bargaining unit includes county employees from more than one
6 county. In that case, the simple majority shall include at
7 least one county. "
8 SECTION 3 . Statutory material to be deleted is bracketed
9 and in strikethrough. New statutory material is underscored.
10 SECTION 4 . This Act shall take effect upon its approval.
INTRODUCED BY:
pia:misc:003(2)abi1110:kcw
EXHIBIT A