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Home My WebLink AboutREP PC 098 03/11/1986 1984-1988 ~ - • REPORT OF THEII! COMMITTEE ON PLANNING DATE: March 11 , 1986 PLACE: Councilroom TIME: 1 : 30 p.m . Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No . 446 regarding a report of an H.S.A.C. Intergovernmental Relations Committee meeting of February 13, 1986 , reports as follows: This communication transmits a request from the Intergovernmental Relations Committee that the counties re-evaluate positions on the water code, review the proposed bill relating to Land Evaluation and Site Assessment , and review proposed amendments to Chapter 92 , relating to Public Agency Meetings and Records . In addition, per memorandum from Vice-Chairperson E. Lee Liu , the counties were further requested to consider the following bills: (1 ) H.B. 307, H.D. 2 - A State Lottery ; ( 2 ) S.B. 495 , S.D. 1 - State-Operated Lottery System; ( 3) H.B. 420 - Expiration of Drivers License ; ( 4 ) S.B. 1886 , S. D. 2 - Transient Accommodations Tax; ( 5 ) S.B. 2312, S.D. 1 - Taxation; and (6 ) S.B. 2258, S.D. 1 - Torts . Your Committee discussed these bills at length and offer the following positions: a . State Water Code Support S.B. 564 , S.D. 2, H.D. 1 for the following reasons: (a ) it recognizes the principles of homerule , (b ) it recognizes the counties ' general plans and land use allocations as the criteria by which water shall be allocated when available, and (c ) it recognizes the operation of existing water management laws under Chapters 176 and 177 , Hawaii Revised Statutes , and requires the existence of a water emergency before the State authority can declare a management area for ground water . b . Land Evaluation and Site Assessment (LESA) Your Committee understands that this measure did not survive the crossover , as such , we recommended waiting until next legislative session to offer a position on this matter . PC REPORT No . 98 (Amended) ADOPTED : MAR 19 1 L F- 411 PC-98 Page 2 March 11 , 1986 c . S .B. 2045 , S.D. 1 Public Agency Meetings and Records Your Committee understands that this measure did not survive the crossover ; as such , we have no position to offer at this time . d . H.B. 307, H.D. 2 and S.B. 495, S.D. 1 , State Lottery Your Committee is unsure as to how the lottery revenues would be apportioned amongst the state and counties . This uncertainty makes it difficult for the committee to take a position at this time . e . S.B. 1886 , S.D. 2, Transient Accommodations Tax Your Committee is unsure as to what percentage of revenues would finally be apportioned to the counties . As such , we have no positions to offer at this time . f. S.B. 2312, S. D. 1 , Taxation Your Committee is in favor of using this bill as a vehicle by which HSAC may offer an amendment by adding a provision to exempt the counties from the 4% excise tax. g. S.B. 2258, S. D. 1 and H.B. 1692, H. D. 2, Torts Your Committee agrees with using these bills as vehicles by which HSAC may offer an amendment by adding a provision to exempt the counties from joint liability. Any tort relief would be welcomed by the Committee . h . H.B. 420, Expiration of Drivers License Your Committee is in favor of proposing an amendment providing that an applicant for license renewal with no record of conviction for violations of State or county traffic laws need not be tested on the rules of the road . In addition to the above positions , the Planning Committee Chairman is delegated the authority to work with the Chairman of the House Committee on Water , Land Use, Development and Hawaiian Affairs to ensure that the County is not overlooked in the planning and land use designation process . I • • PC-98 Page 3 March 11 , 1986 Your Committee on Planning concurs with the positions as stated above and recommends Council 's adoption . • TAKASHI DOMINGO, CHAIRMAN lf p 0/ 0 ii -4 11% (Absent & Excused ) !.13. NCER K. SCHUTTE, VICE CHR. FRANK DE LUZ , III, MEMBER -- 7.4;,24,__ a v / o'er r ' o �. L,------Ni BERT N. HERKES, MEMBER 7......,_-L/ORFIA\IN ' . JITCHAKU/f NOU . , MEMBER ) N. .f / r A, (Absent & Excused) U SELL S. KOKU:UN, MEMBER MERLE K. LAI, MEMBER LA/CM • • REPORT OF THE 111 COMMITTEE ON PLANNING DATE: March 11 , 1986 PLACE: Councilroom TIME: 1: 30 p.m . Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred 'Communication No. 446 regarding a report of an H. S.A. C. Intergovernmental Relations Committee meeting of February 13, 1986 , reports as follows : This communication transmits a request from the Intergovernmental Relations Committee that the counties re-evaluate positions on the water code, review the proposed bill relating to Land Evaluation and Site Assessment , and review proposed amendments to Chapter 92, relating to Public Agency Meetings and Records . In addition, per memorandum from Vice-Chairperson E. Lee Liu , the counties were further requested to consider the following bills: (1 ) H.B. 307, H.D. 2 - A State Lottery; ( 2 ) S.B. 495 , S.D. 1 - State-Operated Lottery System; ( 3) H.B. 420 - Expiration of Drivers License ; (4 ) S.B. 1886 , S.D. 2 - Transient Accommodations Tax; ( 5) S.B. 2312, S.D. 1 - Taxation; and (6) S.B. 2258 , S.D. 1 - Torts . Your Committee discussed these bills at length and offer the following positions: a. State Water Code Your Committee agrees with the positions as outlined by the Legislative Resource Coordinators . 1 . Amend the section on the advisory board to provide for an advisory board for each county. Greater local interest and concern may be reflected in proceedings before county-specific advisory boards . In this regard the hearings mandated by the code should be required to be held in the county, if not the island , in which the water area is located. 2. Include a provision for a county government to be able to exercise a veto power over water development where the development would significantly affect municipal water supply . 3 . Amend the definition of "reasonable and beneficial use" by adding at the end, "including state and county land use plans . " PC REPORT No , 98 ADOPTED: 111 t PC-98 Page 2 March 11 , 1986 4 . Add to section, "including state and county land use plans. " 5 . Add a definition of "land use plans . " Should include , for example, general plans and zoning . 6 . Section 8 (f ) . Require that hearings on adoption and modification of the state water use and protection plan be held on the island on which the water resources are located . 7 . Section 11 should be modified to include the same requirement of hearings on the island concerned . 8 . Section 12(e ) . The hearings officers should have the discretion to add other county officials . 9 . Exclude Hawaiian Homelands water resources from purview of code . Should be federal law. 10 . Put in specific provisions preserving traditional and customary Hawaiian rights . b . Land Evaluation and Site Assessment (LESA) Your Committee understands that this measure did not survive the crossover , as such , we recommended waiting until next legislative session to offer a position on this matter . c. S.B. 2045 , S.D. 1 Public Agency Meetings and Records Your Committee understands that this measure did not survive the crossover; as such , we have no position to offer at this time . d . H.B. 307 , H.D. 2 and S.B. 495 , S.D. 1, State Lottery Your Committee is unsure as to how the lottery revenues would be apportioned amongst the state and counties . This uncertainty makes it difficult for the committee to take a position at this time . e . S.B. 1886 , S.D. 2, Transient Accommodations Tax Your Committee is unsure as to what percentage of revenues would finally be apportioned to the counties . As such, we have no positions to offer at this time . L r • s v • N ! � PC-98 Page 3 March 11 , 1986 f . S.B. 2312, S.D. 1 , Taxation Your Committee is in favor of using this bill as a vehicle by which HSAC may offer an amendment by adding a provision to exempt the counties from the 4% excise tax. g. S.B. 2258 , S.D. 1 and H.B. 1692, H.D. 2, Torts Your Committee agrees with using these bills as vehicles by which HSAC may offer an amendment by adding a provision to exempt the counties from joint liability. Any tort relief would be welcomed by the Committee . h . H.B. 420 , Expiration of Drivers License Your Committee is in favor of proposing an amendment providing that an applicant for license renewal with no record of conviction for violations of State or county traffic laws need not be tested on the rules of the road . i . H.B. 2835, H.D. 2, High Technology Districts Your Committee opposes this bill because it infringes upon the counties ' land use zoning responsibility. Furthermore , this bill provides for legislative designation of South Point ( Ka Lae ) as a high technology district without regard for Hawaii County's General Plan and without consulting this County 's legislative and administrative personnel . atifidee.A. TAKASHI DOMINGO, HAIRMAN 111Pr-,1? 60, / "/" (Absent & Excused ) SEN 'R K. SCHUTTE, VICE CHR. FRANK DE LUZ, III, MEMBER 1111! -(04, „ ROBERT N. HERKES, MEMBER LO--AIN ' R JITCHAKU-INOUY 7MEMBER 1: 1 J • (Absent & Excused) 'U SELL S. KOKU: UN, MEMBER MERLE K. LAI, MEMBER LA/CM L_