HomeMy WebLinkAboutREP EMC 006 2018/07/24 (2016-2018) REPORT OF THE
COMMITTEE ON ENVIRONMENTAL MANAGEMENT
DATE: July 24, 2018 Re: Comm. No. 941/Bill No. 154
PLACE: Council Chambers
Kailua-Kona, Hawai`i
TIME: 10:47 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawaii 96720
Your Committee on Environmental Management, to which was referred Bill No. 154, reports as
follows:
Bill No. 154, transmitted by Council Member Eileen O'Hara, via Communication No. 941, dated
May 14, 2018, amends Chapter 20, Article 3, Section 20-31, by adding new definitions and
section 20-38, of the Hawai`i County Code 1983 (2016 Edition, as amended) by renaming,
amending and adding new subsections and subparagraphs, to expand the authority of the
Department of Environmental Management to remove abandoned vehicles from certain private
roadways in the interest of public health and safety.
On May 21, 2018, Bill No. 154 was discussed in your Environmental Management Committee
and was approved with a recommendation of its passage on first reading. On May 22, 2018, Bill
No. 154 was forwarded to the Director of the Department of Environmental Management and to
the Environmental Management Commission for their comments and recommendations,
pursuant to Section 2-207, Hawai`i County Code 1983 (2016 Edition, as amended).
On June 28, 2018, the Environmental Management Commission, through its Chair, Richard
Bennett, Ph.D., sent a communication to Council Chair Poindexter in full support of the bill and
recommended "that the rules the Department of Environmental Management promulgates
contain a component that educates the public on the procedures for reporting abandoned
vehicles"
On July 2, 2018, Director Kucharski sent a communication to Chair Poindexter in support of the
bill and in emails with Council Member O'Hara that followed, the director also recommended an
amendment that would require the "director" and not the department's Derelict and Abandoned
Vehicle Coordinator to determine areas that are unsafe for tow trucks and for the "director"to
base all decisions to tow, subject to their discretion and not that of the department's Derelict and
Abandoned Vehicle Coordinator.
On July 24, 2018, Bill No. 154, responses from the Director of the Department of Environmental
Management and the Environmental Managements Commission, through its Chair, Mr. Bennett,
as well as Communication No. 941.5, by Ms. O'Hara amending Bill No. 154, were discussed in
your committee. There were six testifiers from the public who all spoke in support of Bill
No. 154. Committee Chair O'Hara relinquished chairmanship of the committee to Council
EMC Report No. 6
EMC-6 Page 2 July 24, 2018
Chair Poindexter. There was a motion by Council Member Ruggles to approve Bill 154 that was
seconded by Council Member Kanuha. Ms. O'Hara moved to amend Bill 154, which was
seconded by Ms. Ruggles, with Communication No. 941.5 that incorporates recommendations
forwarded by the Environmental Management Commission and the Director of the Department
of Environmental Management.
Ms. O'Hara informed your committee that the problem with abandoned vehicles on the island
was not with funding and that the County Council needed to approve this bill to give the
Department of Environmental Management the authority to remove abandoned vehicles from
private roads.
Director Kucharski agreed that the problem is not a funding issue but rather the lack of resources
to address the issue. Mr. Kucharski pointed out the fact that the county only has three contracted
tow companies, and that there are only two facilities processing abandoned vehicles on island,
both with very limited capacity. He said that his department can tow and hold some of the AV's
(Abandoned Vehicles) until the processing facilities can take them. He also informed Committee
members that he is working with the Police Department to modify procedures to meet specific
requirements necessary to deputize the department's Derelict and Abandoned Vehicle
Coordinator to allow them to issue tickets, thereby, taking some of the burden off the police.
Your Committee on Environmental Management is in accord with the purpose and intent of
Bill No. 154, as amended to Draft 2, and recommends its passage on first reading.
bl
AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON ENVIRONMENTAL
EOFF x MANAGEMENT
KANUHA X
LEE LOY X
O'HARA X
POINDEXTER x EILEEN O'HARA, CHAIR
RICHARDS X EMC REPORT NO.: 6
RUGGLES X ADOPTED: AUG 8 2018