HomeMy WebLinkAboutMIN AWEEMC 2019/02/19 2018-2020Committee on Agriculture, Water, Energy,
and Environmental Management
2nd Session
West Hawaii Civic Center
74-5044 Ane Keohokaloele Highway, Building A
Kailua-Kona, Hawaii
February 19, 2019
CALL TO
The regular meeting of the Committee on Agriculture, Water, Energy,
ORDER:
and
Environmental Management was called to order at 3:03 p.m., in the
Council Chambers, Kailua-Kona, by Mr. Herbert M. "Tim" Richards, III, Chair.
ROLL CALL:
Present:
Mr.
Herbert M. "Tim" Richards, III, Chair
Mr.
Matt Kaneali`i-Kleinfelder, Vice Chair
Mr.
Aaron S. Y. Chung, Member
Ms.
Maile Medeiros David, Member
Ms.
Karen Eoff, Member
Ms.
Ashley L. Kierkiewicz, Member
Ms.
Susan L. K. Lee Loy, Member
Ms.
Valerie T. Poindexter, Member
Ms.
Rebecca Villegas, Member
STATEMENTS
FROM THE
PUBLIC ON
AGENDA ITEMS
The Chair directed the Committee to proceed to the next order of business,
Statements from the Public on Agenda Items.
The Chair called Jon Olson, who registered to speak in support of Comm. 69, and
came forward when called.
CHR. RICHARDS: Thank you, Jon. Seeing no other testifiers, we're going to
close public testimony. Mr. Clerk, please read in Communication 69.
COMMUNI- The Chair directed the Committee to proceed to the next order of business,
CATIONS: Communications.
Comm. 69: PRESENTATION BY THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT REGARDING POLYSTYRENE FOAM FOOD
CONTAINER AND FOOD SERVICE WARE REDUCTION
From Environmental Management Director William A. Kucharski, dated
January 11, 2019, providing an outline of the educational program required by
Section 20-70, Hawaii County Code.
Motion to Close File: Ms. Lee Loy moved to close file on Comm. 69. Seconded
by Ms. Kierkiewicz.
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February 19, 2019
CHR. RICHARDS: Just a quick note. I did get a communication from Director
Kucharski, he is under the weather. So we have pinch hitting before us today. So
with that I'm going to turn it over to the presentation, thanks. Go ahead and
introduce yourself, please for the presentation.
(Note: At this time, Recycling Coordinator George Hayducsko, and
Recycling Specialist Sanne Berrig came forward to address the members
of the Committee.)
MR. HAYDUCSKO: Good afternoon, Chair Richards, and Council Members.
I'm George Hayducsko. I'm your Recycling Coordinator, and Sanne Berrig is
one of our Recycling Specialists. So she's here to give me support and help me
with any questions that you may have.
Just so you know that our Project Manager for this, is Chris Chin -Chance. He's a
Recycling Specialist, and he's back in Hilo, working very hard. And if you wish,
I could proceed with the presentation. Okay.
(Note: At this time, Mr. Hayducsko provided a PowerPoint presentation
to the members of the Committee. For viewing of the presentation, see the
DVD copy of the meeting proceedings on file in the Clerk's Office. A
copy of the PowerPoint presentation is made a part of the record, see
Comm. 69.)
CHR. RICHARDS: Well, thank you. And what I'm going to do now is open it
up to the Committee Members that have any questions. I've already seen part of
this presentation as has my Vice Chair, Mr. Kaneali`i-Kleinfleder. Questions
from other Council Members? Go ahead, Council Woman Kierkiewicz.
MS. KIERKIEWICZ: Thank you so much for that very thorough presentation.
You clearly have done a lot of work on it. So nice to hear that you've done it
within current budget, and with your staff I do have a couple of questions. You
know, I wasn't on the Council when this ordinance was put forward and passed.
So I'm just curious why lids, straws, and cutlery was not included. Because there
are alternatives, ecofriendly alternatives, to those items.
MR. HAYDUCSKO: Thank you for the question. And I'm actually notI'm
not sure why that was not included. Maybe this was the first step, maybe other
Council Members have more information than I do about that. But sorry, yeah,
I'm not aware.
MS. KIERKIEWICZ: Okay, no worries. You mentioned July 1, 2020, as
potentially operation date for a compost facility, and so the intention is by barring
Styrofoam we have these more ecofriendly alternatives, biodegradable
compostable. But how are we ensuring that once—say I go to a restaurant and I
get that to go container, how are we insuring that it's put into its proper place? So
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in terms like the compost facility. I mean what's to stop me from just throwing it
in my trash, and taking to the landfill. I mean, I thought the whole point was to
decrease the amount of trash that's going to the landfill. But in this presentation,
I'm just not hearing how, as an end-user of this product, how it's eventually going
to be recycled or put to better use?
MR. HAYDUCSKO: Very good point. Yeah, there's a lot of reasons to ban
polystyrene. And one of them is the negative impact to health and to the
environment. I mean those are good reasons to do it. But you're exactly right,
the next step for us is to capture that material, and get it to the compost operation.
So that's something that we need to start working on. And we have not stepped
down that path yet. We've been talking about, discussing it, but we have not
developed that plan. Now will all of these certified compostable material reach it
to the compost operation? No, it will not. But the goal should be to try and
capture as much of that as we can.
MS. KIERKIEWICZ: And there are other jurisdiction you mentioned that have
already done this. So we can potentially study the partnership that counties,
municipalities, have with restaurants to streamline and ensure that these materials
do end up in the proper location, like a compost facility.
MR. HAYDUCSKO: Most definitely. Now we do have challenges here, but yes,
we are looking at those other programs.
MS. KIERKIEWICZ: Okay. And I guess, you know, just getting back to the
items that were not covered by the ordinance, the lids, the straws, and the cutlery.
You know, I'm an end-user, I'm going out to the restaurant say taco bell, right, or
wherever, but basically now I'm going to have start separating my trash. What
goes into the compostable bin, which verses what goes into the landfill? So I just
think, maybe it could have been crafted a little bit better. Last thing I wanted to
note was, you know, I think you have a really good communication outreach plan,
hitting the radios, TV, social media, and newspaper. And I do think that if you
would consider doing a speaker circuit, meeting with the Chambers of Commerce,
business groups, rotaries, lots of small business owners. And also even reaching
out to local distributers of these kinds of products to let them know this is coming
down the pipeline, so that they could communicate to their clientele. Just the
opportunities to switch to these ecofriendly alternatives.
MR. HAYDUCSKO: Thank you.
MS. KIERKIEWICZ: Thank you, I yield.
CHR. RICHARDS: Okay, thank you. Council Woman Eof£
MS. EOFF: Thank you. I think the reason these straws, lids, and cutlery were not
included in the ordinance, was because it was focused on polystyrene. And yeah,
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maybe we could have added it, but we were focused on polystyrene at the time.
And that was controversial enough, but it wasn't a real easy task to get this
adopted. But I think we're on the right track, and I really thank you for all the
work you put into your education, outreach. And I think Ms. Kierkiewicz, had
some really good points to add to that, because the more we can do between now
and implementation the smoother it's going to go.
I think justeverybody's probably noticed, but in the last couple of years since
this was adopted, there are many more choices. And hopefully people will—once
the vendors begin looking for the products to replace polystyrene, they'll come
across the products to replace the plastic lids, and straws, and cutlery at the same
time. So we'll probably see some better products being purchased and used.
Thank you. Thanks for the presentation.
CHR. RICHARDS: Thank you. Council Woman Villegas.
MS. VILLEGAS: Yes. I also want to add my great appreciation and gratitude for
taking this to the next steps, and continuing your commitment to outlining all of
the necessary procedures. I just have a quick question about, like Costco. You
know, a large box store that sell—you know, I just know a lot of small businesses
go buy there polystyrene products from those big box stores. So and forgive me if
I missed it in the presentation, but how are they also held accountable and
responsible for executing this?
MR. HAYDUCSKO: There is no restriction on selling the product. So they are
able to sell the product, but the food establishments would not be able to utilize it.
And fortunately when I took a look of what's being offered at that particular retail
store, they had a good choice of certified compostable materials. So it was nice to
see.
MS. VILLEGAS: Yeah, thank you. We really appreciate a lot of those different
products being available. And I really feel like it is and will continue to become a
replacement industry. The science and technology is out there, they're
discovering on the daily things to replace Styrofoam and our plastic usage. And
being a big advocate for that, I'm extremely grateful and excited, and hopeful that
maybe Ms. Kierkiewicz and I, and other members here will have the opportunity
to further enhance the direction that we're heading in as a County. Being
responsible. Mahalo.
CHR. RICHARDS: Thank you, Council Woman. Any other questions or
comments? Matt is that a yes? Okay, Mr. Kaneali`i-Kleinfelder, then Ms. Lee
Loy.
MR. KANEALI`I-KLEINFELDER: Thank you guys, for your time on this. I
know it was outside of your normal scope of duty, and you guys did a nice job
and a nice presentation. And I appreciate what we talked about last time at our
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meeting. I do think this is a very good stepping stone to get us going in the right
direction, as far as hitting end users like Ashley touched on. And as well as
getting to the actual general public who can still use the products at will, and
throw in the garbage at the end of the day. So I think it's going to allow us to
move into the future nicely, and it's a good start like you said. So thank you.
CHR. RICHARDS: Thank you. Council Woman Lee Loy.
MS. LEE LOY: Thank you. Thank you for being here. Ms. Villegas touched on
something, which is why I voted against it when it came up. It's because it
targeted just a very specific segment of users. But that being said, moving
forward. I actually had a question. And I wanted you to elaborate a little bit
more, because we have many people who use our County facilities. Beach Parks,
Community Centers, for baby luaus and parties. And so what I heard you say is,
if someone comes and rents one of our County facilities for a steak fry, or baby
luau, graduation party we would hold them—or through this checklist, user
checklist, kind of encourage is it encourage or ask them to go with non -
polystyrene?
MR. HAYDUCSKO: Right now the ordinance mandates that the material be
either recyclable, which again it's not on the island right now, or certified
compostable. So they would have to utilize a certified compostable container at
those events. If they were to reserve the spot, the pavilion, so it's reserved, then
they would have to do that, according to the current ordinance.
MS. LEE LOY: So T -ball is big right now, so we have a lot of, you know, clubs
doing concession, so they would need to bring in biodegradable, or some other
product to have their chili?
MS. BERRIG: First thank you for your time on this. One thing I wanted to
mention on the BPI (Biodegradable Products Institute) website, you know,
because we're used to seeing at the restaurants like the more expensive
compostable products, you know, the ones that are restaurants. So last month we
got talking in the office about, well about, you know, those big stacks of 260
plates. You know, that we all know, the ones you have to double up because their
just paper plates. Well those as well are BPI certified. It's not just the higher end,
it's made with, you know, all these different newer technology products they are
more expensive. But a lot of the things that we've seen for years, and years, and
years, that qualify under the compostable certification, they are also BPI certified.
So it doesn't go from the inexpensive Styrofoam plates to the very—they're not
very much more expensive, but they are more expensive. But a lot of the
single -use paper plates, and paper products they also are in the certified category.
Just to clarify that.
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MS. LEE LOY: And we're just holding them accountable at County facilities,
because I'm thinking about our DOE (Department of Education) programs where
they have chili and rice, and I see them in that warm Styrofoam bowl. So, you
know, there's clearly a lot of work ahead, but I think that's where the confusion is
coming in. They can buy it in the store, they can use it in certain places and not in
others. So I really do appreciate what Ms. Kierkiewicz is saying about the
educational piece, the speaker circuit piece. Never forget Na Leo TV there's an
opportunity there to do roundtable discussions.
I know personally over the holidays, I got a lot of questions about, you know,
"Hey Sue we got contraband," you know, these Styrofoam things, or the coffee
cups. So it really was a running joke over the holidays about the type of supplies
that were on table. So the more we could message, the more we could educate,
and being very clear what a food vendor is. I know we're trying to like have these
restaurants establishments do it, but does that apply to someone with the
Ho`olaule`a, are they considered—is the senior class doing a laulau plate
considered a vendor? You know, all these nuances that I think the educational
component that you have really will do a lot.
And so taking it a step further, I also think we need to get into our schools but
specifically the fundraising part of volleyball, football. You know, all of those
parent organizations who are raising money for their kids. You know, I buy steak
fry tickets all the time. You know, we really need to educate if we're truly going
to move the needle on reducing our waste. Thank you, Mr. Richards for bringing
this forward. I yield.
CHR. RICHARDS: Thank you. Thank you, Councilman. Council Woman
Kierkiewicz.
MS. KIERKIEWICZ: I had a couple more questions. So I'm going to piggyback
off of what Ms. Lee Loy mentioned with events at County facilities, and how you
said this program would be complaint driven. So let's say there's a baby luau and
they use Styrofoam plates and containers. Is Parks and Rec or somebody going to
go through the trash and notice the violation and give you a call, or who is the
genesis of the complaint when you take action?
MR. HAYDUCSKO: Alright. We would be able to receive a complaint from
anybody. So it could be a county employee, it could be a participant, it could be a
bystander. Our plan right now is just to respond to any complaint, from any
entity.
MS. KIERKIEWICZ: Okay, thank you. And I see here in the brochure you've
listed the various signs depending how big the event is, great. I had one more
question, about your Small Business Advisory Committee. What is that looking
like?
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MR. HAYDUCSKO: With the Small Advisory Committee, we're looking at first
reaching out to organizations. So there's a restaurant organization, there's a
Chamber of Commerce, we have a whole list of them. The Hawaii Food
Industry, the Tourist Industry, we're going to reach out to. And Food Service
ware, so who's actually—who's generating those, or selling them. So we're
reaching out to the associations, right now we're looking at a seven -member
committee. But again, we're trying to establish, it's taking more time than what
we anticipated, so we are open for suggestions also.
MS. KIERKIEWICZ: Okay, so seven -member committee comprised of those
groups. Anybody from the Council say the Chair of this committee or Vice
Chair? Because my understanding is this committee will help to draft the rules.
MR. HAYDUCSKO: They will be reviewing the draft of the rules, and then
putting those comments into the rules.
MS. KIERKIEWICZ: Okay. So your office is drafting the rules, this body will
review based on their real world experience in the industry. And then that is the
draft that will be submitted to these various review boards, and then put out to the
public for hearing and comment.
MR. HAYDUCSKO: Yes.
MS. KIERKIEWICZ: Excellent. Thank you. Just wanted to make sure I had it
right. I yield the floor, thank you, Chair.
CHR. RICHARDS: Thank you, Council Woman. Any other Council Members?
Seeing none, I just want to make a few comments. First of all, thank you very
much for coming forward. For the freshmen that weren't sitting on Council when
this came forth, just a couple of things. Probably the initial reason for bringing
this forward was, it's increased awareness and it's an educational process. I don't
think anybody is under the illusion this is actually going to solve a whole bunch.
I think if you actually look at the amount of polystyrene foam that is used, coming
to our county, this will affect about one percent, somewhere in that ballpark. But
it's a start, and that's the idea.
And there was a lot of conversations back and forth and as Council Woman Eoff
pointed out, it was a bit contentious going forward. One of things that I think this
highlighted—we had some varying opinions on this, and what worked extremely
well was ad hoc committee. And this was taken to the ad hoc committee for the
exact reason of sorting out those differences, or giving the form to actually work
some out these different concerns. One of them was the initial legislation brought
forth was to exempt the county from being subject to the perimeter of this, and we
worked that out in ad hoc, so everybody is on the same playing field. So I think
that worked out well.
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Some other exemptions had to do like with the meat trays for retail sale and all.
There are things that practically we have to be mindful as we go forward. And
this is not a onetime pau piece of legislation, this is going to be evolving over
sometime. And I think Council Woman Eoff pointed out and she is accurate that
the reason other things weren't put into this is because it was focused. This is just
trying to get the ball rolling. So I want to remind people that this isn't the end
product, this is just a product in motion. And I do appreciate the comments made
from Environmental Management.
I had a few quick questions as far as timelines. And when I looked at your
timeline, ordinance through rules, I have to commend you. You know, normally
we stick to with three letters, we went up to five on this one. SBRRB (Small
Business Regulatory Review Board), I'm impressed. I thought three letters for
this County and State and four for the Fed's, but apparently we do a fifth one here
on the Big Island. Long story short on that, and again, flopping back and forth.
What is your thought process? And then we'll go toyou have on your
ordinance through rules a circle, I'm looking that we'll have the public hearings in
March-ish, correct? And I realize you guys are pinch hitting on this.
MR. HAYDUCSKO: Yeah, thank you for asking that. When we drafted this,
which was a month ago or so, that was our plan. Now we believe it's going to be
April, the public hearing in April.
CHR. RICHARDS: Okay. Probably the real question is, are we on task to hit the
July 1, 2019? Are you comfortable with that at this point?
MR. HAYDUCSKO: At this point, yes.
CHR. RICHARDS: Okay. Alright, so then we can do a little bit of calculating
backwards to see where we are with the timelines. Again, I appreciate you
coming forward, and I do appreciate comments coming forward from the Council.
And so with that, I don't have any further questions or comments. Anything else
from the Committee? Seeing none, take a vote to close file. All signify by saying
Ic aye.
Vote on Comm. 69: The motion to close file on Comm. 69 was carried by the
Filed following voice vote:
Ayes: Committee Members Chung, David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Villegas, and Chair Richards — 9.
Noes: None.
Absent: None.
Excused: None.
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ORDER OF The Chair directed the Committee to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
(There were none.)
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
(There were none.)
ADJOURN- There being no further business, at 3:44 p.m., Ms. Lee Loy moved to
MENT: adjourn the meeting. Seconded by Ms. Poindexter and carried by the
following voice vote:
Ayes:
Committee Members Chung, David, Eoff,
Kaneali `i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Villegas, and Chair Richards — 9.
Noes:
None.
Absent:
None.
Excused:
None.
CHR. RICHARDS: We stand adjourned.
Approved:
Mr. Werbert M. 'Tim' chards, III, Chair (Date)
Agriculture, Water, Energy and Environmental Management Committee
HR/rk
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