HomeMy WebLinkAboutBIL 109 Draft 01 2018-2020 COUNTY OF G i* STATE OF G
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BILL
® 109
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 4 , SECTI 2-207 OF THE
A AI`I COUNTY C E 1983 (2016 EDITION,ASAMENDED), LATING T
REFERRAL OF BILLS FOR ORDINANCES TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION.
ORDAINEDBE IT Y THE COUNCIL UNTY OF HAWAI'I:
SECTION 1. Chapter 2, article 40, section 2-207 of the Hawaii County Code 1983
(2016 Edition, as amended) is amended to read as follows;
"Section 2-207. Environmental management commission.
Lq� There shall be an environmental management commission consisting of nine
members who shall be appointed by the mayor and confirmed by the
council. One member shall be a resident of each council district. The terms
of the members shall be as prescribed in section 13-4 of the Hawaii County
Charter.
The environmental management commission shall advise the department on
solid waste and wastewater programs, waste reduction strategies, recycling,
litter control, community involvement, and other issues, including any pilot
project or program, related to the functions of the department, and shall
exercise any other powers related to the functions of the department that
may be delegated to it by ordinance. The commission shall also provide its
comments and recommendations on these matters to the council. The
commission shall hear and determine appeals from decisions of the director,
including orders and denials of variances.
this Code, t the eotffieil pfief to--eo„ •arccil aefien. Cowme cs—and
r-eeommendations shall be pr-evided to the eetineil within feFty five days-4
r-eeeipt. in the evepA that the eefftmission fails to aet within the five
day review period, sueh inastion shall be eonsas anidefed4 -vof,�,7®
(c) The council shall refer any bill for an ordinance to amend chapter 20 or
chapter 21 of this Code to the director and the commission, with each to
provide independent comments and recommendations. Additionally, the
council may refer any bill for an ordinance relating to the functions and
duties of the department to the director and commission, with each to
provide independent comments and recommendations. In all such cases the
director and commission shall each submit to the council their independent
comments and recommendations within forty-five days of receipt.
(d) The council may continue its deliberations on any bill for an ordinance
referred to the director and commission during the forty-five-day review
period; provided, that if the council substantively amends any such bill for
an ordinance, the amended bill for an ordinance shall be referred by the
council to the director and commission for their independent comments and
recommendations, both to be submitted to the council within forty-five days
of receipt of the amended bill for an ordinance.
(e) The council shall not take final action on any bill for an ordinance referred
to the director and the commission, as amended or otherwise, until it
receives the comments and recommendations of the director and the
commission, unless either or both fail to meet the forty-five-day period for
comment and review. If either the director or commission fails, or both fail,
to provide comments and recommendations within the allotted forty-five-
day review period, the council may proceed and the inaction of either the
director or commission shall not be viewed as either a favorable or
unfavorable recommendation."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
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CIA: CIL BE', COUNTY OF A WAI`I
, Hawai i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.
532
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