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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 109
ORDINANCE NO. 19 112
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 40, SECTION 2-207 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
REFERRAL OF BILLS FOR ORDINANCES TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 40, section 2-207 of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 2-207. Environmental management commission.
Laj 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.
(b) 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.
[The director and commission shall each submit comments and
department, including any ordinance to amend chapter 20 or chapter 21 of
this Code, to the council prior to council action. Comments and
day review period, such inaction shall be considered as an unfavorable
renemmergdat oriel
(c) The council shallll 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:
I
C to CIL . BE , COUNTY OF AWAI`I
Hilo , Hawai`i
Date of Introduction: November 20, 2019
Date of 1st Reading: November 20, 2019
Date of 2nd Reading: December 4, 2019
Effective Date: December 17, 2019
REFERENCE Comm. 532
2
OFFICE OF THE COUNTY CLERK C3 ' ` . F
County of Hawai`i
Hilo, Hawai`i 7N F PM 3: 1 f
Introduced By: Herbert M. "Tim" Richards, III ROLL CALL VOTE
Date Introduced: November 20, 2019 AYES NOES ABS EX
First Reading: November 20, 2019 Chung X
Published: November 30, 2019 David X
Eoff X
REMARKS: Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
Second Reading: December 4, 2019 9 0 0 0
To Mayor: December 12, 2019
Returned: December 18, 2019 ROLL CALL VOTE
Effective: December 17, 2019 AYES NOES ABS EX
Published: December 28, 2019
Chung X
REMARKS: David X
Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRP RSON
1�
.rove Disapproved this day t S
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Bill No.:
MAYO , COUN OFHA*
AWAIIC-532/AWEEMC-13
Reference:
Ord No.: 19 1.1.2