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HomeMy WebLinkAboutREP EMC 001 2017/02/21 (2016-2018) REPORT OF THE COMMITTEE ON ENVIRONMENTAL MANAGEMENT DATE: February 21, 2017 Re: Comm. No. 107/Bill No. 13 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 2:04 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Environmental Management, to which was referred Bill No. 13, reports as follows: Bill No. 13, transmitted by Council Member Eileen O'Hara, via Communication No. 107, dated February 1, 2017, amends Chapter 20 of the Hawaii County Code 1983 (2016 Edition, as amended), by adding a new article relating to reduction of polystyrene foam "Styrofoam" food containers and food service ware. On February 21, 2017, about 40 people testified from four video conferencing sites, all speaking in support of this bill. Councilmember O'Hara relinquished Chairmanship of the meeting to Vice Chair Richards. Ms. O'Hara explained the housekeeping amendments she proposed to fix dates in a couple of places and change the order of the definitions. The amendments were approved and discussion on the bill began. Ms. O'Hara explained that she introduced Bill 13, at the urging of many constituents in her district. Bill 13 is the same as Bill 140 Draft 3 that failed in the last council term. She stated that having some kind of limited polystyrene ban would be in following with what hundreds of cities are already doing. She reminded committee members that there is currently no state wide ban and that the Department of Health urges that councils take action at the county level. She also stated that Maui County had passed a"Styrofoam"bill at first reading and the State bill is still pending. She urged this committee to take action now. Ms. O'Hara further explained that any additional cost to users of polystyrene food containers would be minimal and much of that cost would be passed on to consumers. She stated that alternatives to polystyrene exist and that using alternatives would provide opportunities for new businesses. Ms. Poindexter, Ms. David, Ms. Eoff and Ms. Ruggles all spoke in support of the bill. Ms. Lee Loy stated that she had concerns with the exemptions section and asked if the bill was required to go to the Environmental Management Commission (EM Commission). She asked for Corporation Counsel Joseph Kamelamela to comment. EMC Report No. 1 EMC-1 Page 2 February 21, 2017 Mr. Kamelamela answered that he didn't feel the bill needed to go to the EM Commission because it is virtually the same as Bill 140 Draft 3 introduced in the previous term and that according to Council Rules the same bill can be introduced in a new term. He further opined that Bill 140 Draft 3 had already been sent to the commission and that in his interpretation of Section 2-207 of the County Code that was sufficient for Bill 13 because the code makes no mention of a time frame in which the commission must comment. Mr. Kanuha spoke in favor of the intent of the bill but not the process. He did not agree with Mr. Kamelamela's interpretation of the code and cautioned there may be legal issues if not done correctly. He recommended the bill go to the Department of Environmental Management Director and Commission prior to any council action. After a lively discussion Ms. Poindexter made a motion and called for the question which was seconded by Ms. O'Hara. The motion failed and discussion continued. Mr. Kanuha stated he voted"no" on the motion to call for the questionin order to hear comments from Mr. Richards who had been chairing the meeting and did not comment. Mr. Richards stated he also agreed with the intent of the bill but had concerns with the bill and stressed the need to balance community, environment and the economy. He asked the clerk if they would be able to continue to make amendments to the bill,to which the Deputy Clerk answered in the affirmative. Ms. Eoff asked Ms. O'Hara to have the comments that were forwarded from the commission on Bill 140 and the Department of Environmental Management Director available to comment at the Council meeting when the bill is up for its first reading. Ms. O'Hara, reading from the Environmental Management Commission's meeting minutes from its January 24, 2017 meeting, while deliberating on another proposed bill that would limit the use of Styrofoam, shared the quote: "We're on the record for supporting efforts to limit Styrofoam utilization". Your Committee on Environmental Management is in accord with the purpose and intent of Bill No. 13, as amended to Draft 2 with Communication 107.1, and recommends its passage on first reading. Mr. Kanuha and Ms. Lee Loy voted "kanalua"then"no." bl • AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON ENVIRONMENTAL EOFF x MANAGEMENT KANUHA X LEE LOY X Sa&X. O'HARA X POINDEXTER x EILEEN O'HARA, CHAIR RICHARDS X EMC REPORT NO.: _ 1 RUGGLES X ADOPTED: SEP 0 7 2017 L