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HomeMy WebLinkAboutREP AWEEMC 003 2019/01/08 2018-2020COMMITTEE ON AGRICULTURE, WATER, ENERGY, AND ENVIRONMENTAL MANAGEMENT REPORT NO. 3 Bill 192, Draft 3 Comm. No. 1083.23 2016-2018 Council Term (AMENDED) At the meeting of the Hawaii County Council on January 23, 2019, Council Member Richards moved to amend Agriculture, Water, Energy and Environmental Management Committee (AWEEMC) Report Number 3, to correct the vote taken on the motion to recommend passage of Bill 192, Draft 3 (2016-18) on first reading, .which was recorded on the report. The motion was seconded by Council Member Poindexter. The vote recorded on AWEEMC-3 was recorded as nine "ayes." The vote is corrected to nine "noes," as taken at the AWEEMC meeting of January 8, 2019 and reflected below: Respectfully submitted, COMMITTEE ON AGRICULTURE, WATER AND ENERGY SUSTAINABILITY HERBERT M. 41M" RICHARDS, III, CH IR AWEEMC REPORT NO.: 3 ADOPTED: JAN 2 3 2019 I HEREBY CERTIFY that AWEEMC Report No. 3 was duly amended by the Hawaii County Council at its meeting of January 23, 2019 by vote as follows: AYES: Council Members David, Kaneali`i-Kleinfelter, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff — 8: Noes: None; Absent: Council Chair Chung —1; Excused: None. O TY L RK COUNCIL CH�IR AWEEMC Rept. No.: 3 (Amended) AYES NOES ABS EX CHUNG X DAVID _ X EOFF X KANEALI`I-KLEINFELDER X KIERKIEWICZ X LEE LOY X POINDEXTER X RICHARDS X VILLEGAS X Respectfully submitted, COMMITTEE ON AGRICULTURE, WATER AND ENERGY SUSTAINABILITY HERBERT M. 41M" RICHARDS, III, CH IR AWEEMC REPORT NO.: 3 ADOPTED: JAN 2 3 2019 I HEREBY CERTIFY that AWEEMC Report No. 3 was duly amended by the Hawaii County Council at its meeting of January 23, 2019 by vote as follows: AYES: Council Members David, Kaneali`i-Kleinfelter, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff — 8: Noes: None; Absent: Council Chair Chung —1; Excused: None. O TY L RK COUNCIL CH�IR AWEEMC Rept. No.: 3 (Amended) REPORT OF THE COMMITTEE ON AGRICULTURE, WATER, ENERGY, AND ENVIRONMENTAL MANAGEMENT DATE: January 8, 2019 Re: Bill No. 192 (Draft 3) Comm. No. 1083.23 PLACE: Council Chambers Hilo„Hawai`i TIME: 9:52 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Agriculture, Water, Energy,'and Environmental Management, to which was referred Bill 192 (Draft 3), with accompanying Communication Nos. 22 and 22. 1, reports as follows: Bill 192 was originally introduced by former Council Member O'Hara via Communication No. 1083.001 in efforts to amend Chapter 2, Article 40, Section 2-202, and Chapter 14, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to the Department of Environmental Management. Said bill would establish an Environmental Quality Control program to mitigate nuisance;factors at County facilities and County -owned properties under the control of the department, such as improperly -handled refuse and wastewater, invasive plants, and feral cats, dogs, and pigs. During the November 19, 2018 meeting of the then Environmental Management Committee, Bill 192 was amended with the contents of Communication 1083.23 resulting in Draft 3 as transmitted by former Council Member Eileen O'Hara. There was a motion by Ms. O'Hara, seconded by Mr. Kanuha, to recommend passage of Bill 192, as amended on first reading. The matter was postponed on October 2, 16, and November 1, 2018. On November 19, 2018 a motion made by Mr. Richards, to refer bill to the Environmental Management Commission and the County Director of the Department of Environmental Management. Seconded by Ms. David, and unanimously carried. This measure was placed on the agenda for Your Committee upon receipt of Communication No. 22 from Director Kucharski, Department of Environmental Management dated December 11, 2018, and Communication 22.1 from Richards Bennett, Ph.D., Chair of the County Environmental Management Commission, dated December 4, 2018. Ms. Kierkiewicz requested both Director William Kucharski and Mr. Jon Olson, representative of the Environmental Management Commission to address Your Committee on their position on this measure as relative to Communication Nos. 22 and 22.1. Director Kucharski noted that the Department of Environmental Management is already mandated by the State Department of Health to control these factors; that this bill would not AWEEMC Report No.: - 3 AWEEMC-3 Page 2 January 8, 2019 require the department to do anything physically different but impose other requirements that would not improve their current vector control as mandated, however would affect their budget. Mr. Olson shared that the intent of this bill was to start the discussion, however if additional funding is needed to implement these amendments, a budget would need to be provided. He believes that this was drafted for the Department of Environmental Management to identify their mechanisms for dealing with the noted issues being faced at the Solid Waste facilities, but as written it would not provide any additional positive impact for nuisance control, and therefore the Environmental Management Commission does not support this bill. Ms. Lee Loy provided that with such a tight fiscal budget, she is not inclined to support this as the County cannot take on more tasks without fundamental funding to support it. Ms. Eoff shared that the current duties are adequate as are already mandated, and therefore will vote against the measure today. Committee Chair Richards thanked both Director Kucharski and Environmental Management Commissioner Jon Olson for their presence and time, noting that although some challenges may remain, being fiscally mindful is critical at this point going forward. Your Committee on Agriculture, Water, Energy, and Environmental Management is not in accordance with the purpose and intent of Bill 192, Draft 3, and forwards it to Council with a negative recommendation. .: Respectfully submitted, COMMITTEE ON AGRICULTURE, WATER, ENERGY, AND ENVIRONMENTAL MANAGEMENT HERBERT M. " " RICHARDS, III, C IR AWEEMC REPORT NO.: 3 ADOPTED: AYES NOES ABS EX CHUNG X DAVID X EOFF X KANEALI`I-KLEINFELDER X KIERKIEWICZ X LEE LOY X POINDEXTER X RICHARDS X VILLEGAS X Respectfully submitted, COMMITTEE ON AGRICULTURE, WATER, ENERGY, AND ENVIRONMENTAL MANAGEMENT HERBERT M. " " RICHARDS, III, C IR AWEEMC REPORT NO.: 3 ADOPTED: