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HomeMy WebLinkAboutREP PWMTC 020 2019/12/17 2018-2020 REPORT OF THE COMMITTEE ON PUBLIC WORDS AND MASS TRANSIT i DATE: December 17, 2019 Re: Comm.No. 646/Bill No. 126 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 2:34 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Mass Transit, to which was referred Bill No. 126,reports as follows: i Bill No. 126, transmitted via Communication No. 646, dated November 27, 2019, from Public Works Director David Yamamoto and introduced by Committee Chair Sue Lee Loy at the request of the Administration, amends Chapter 5 of the Hawaii County Code 1983 (2016 Edition, as amended)by repealing Article 5, Section 5-84, and replacing it with a new Article 5, relating to energy conservation. The State Building Code Council in 2017 adopted amendments to the 2015 International Energy Conservation Code (IECC), and those amendments took effect as the State Energy Conservation Code on March 31, 2019. Bill No. 126 adopts further County-specific amendments to the State code, as allowed in Hawaii Revised Statutes, Section 107-28(a). Your Committee introduced the public to the energy code amendments on September 3, 2019, with a video presentation(featuring Da Braddahs) and subsequent discussion that was placed on the agenda as Communication No. 429. I The Building Division circulated a draft version of Bill No. 126 for public review in October and j topic-focused workshops were held on October 28 and 29, 2019, in Hilo and Kailua-Kona, respectively. Construction, architectural, and drafting professionals were invited to bring written proposed amendments to the draft bill, and also had the opportunity to provide oral input to a note-taker. Following these workshops, an open comment period was held open until November 4, 2019,to receive input. After this initial comment period closed, the Building Division reported receiving dozens of comments, which were analyzed for possible inclusion into the bill. Just prior to your Committee meeting, Chair Lee Loy filed an informational packet(Communication No. 646.2) containing written comments and justifications from the public, responses to those comments from the Building Division, images of people attending the October workshops, and an updated"checklist" indicating the progress of the bill in recent months. Vice Chair Matt Kaneali`i-Kleinfelder acted as Chair for this Committee meeting, from Hilo via videoconference. PWMTC Report No.:20 PWMTC-20 Page 2 December 17,2019 I Chair Lee Loy began the discussion by acknowledging that although Bill No. 126 is comprehensive and technical, it is important to provide housing and housing opportunities for Hawaii County. She provided an overview of the updated checklist in Communication No. 646.2, as well as outreach efforts to Corporation Counsel and the State Energy Office to test the allowable scope of the amendments. Chair Lee Loy also recalled the September 3, 2019, discussion on Communication No. 429 where residents and Council Members spoke of the need for affordable housing options. Chair Lee Loy recognized the following people instrumental in developing this bill: Leslie Chow of the Legislative Research Branch, Office of the County Clerk; and Robyn Matsumoto,Neal Tanaka, Neil Erickson, Kelly Wilson, and Denise Laitinen of the Department of Public Works. Without Bill 126, Hawaii County will retain the most restrictive energy conservation codes in the State, she said. The bill combs out the amendments made by Maui County and Kauai County, and 3 addresses the unique needs of Hawaii County, including the elevation limit for the Tropical Zone. i Ms. Matsumoto, Acting Building Chief, noted that the bill does include an affordable housing exception for houses 1,100 square feet or smaller. There is also an exception for off-grid photovoltaic systems with battery electric storage, a tropical zone option for commercial buildings of 2,500 square feet or less with four tons of cooling or less, and more. Mr. Tanaka, Acting Deputy Building Chief, clarified that the State Building Code Council had required adoption of the most stringent version of the energy code among all the counties. We are enforcing a 3 code most stringent of all the counties. Due to the community's input, we took in as much as we could to move in, while remaining in compliance with the energy conservation goals of the State. While keeping the intent of the code, our department felt our proposals for amendment were suitable for County, he said. Chair Lee Loy thanked Ms. Matsumoto and Mr. Tanaka, and said that Bill No. 126 widens the pathway to compliance. These amendments create more options to comply with the IECC and holds the line at providing options for housing and housing opportunities. Council Member Maile David began with thanking Ms. Matsumoto and Mr. Tanaka for their efforts to reach out to us. Having listened to public testimony and comments from professionals on the bill, 3 Ms. David acknowledged the Building Division listened to the community's concerns and asked a clarifying question about the tropical zone requirements. Council Member Karen Eoff thanked the Building Division for walking the Council through the amendments, and for the collaborative approach. After attending one of the workshops, she found the interaction and dialogue productive. She asked clarifying questions about the affordable housing I exception for construction of habitable space under 1,100 square feet, and also about the off-grid exception. The questions having been answered, Ms. Eoff said she supported both the methodology and the product. Council Member Tim Richards also thanked the Building Division officials and said he appreciated the model of going through trying to help people become compliant, instead of punishing people for being 3 noncompliant. He asked them to quantify the savings of a household in full compliance. PWMTC Report No.:2_0 PWMTC-20 Page 3 December 17,2019 Mr. Tanaka said he did not have the numbers in front of him, but there was an analysis done to justify the costs. Mr. Richards replied that he appreciated taking the elevation threshold from 2,400 feet to 5,000 feet. Council Member Rebecca Villegas also thanked the Division for their work, and for taking the time to sit down and walk through the exceptions, to take into account the unique ecosystems and weather patterns on Hawaii Island. She was also grateful the Division did not take the path of implementing laws and requirements that discourage the construction of affordable housing. The average affordable home is 1,100 square feet, so it made sense to apply that norm for affordable housing, as well as transitions in elevation. She noted that the bill only applies to new construction or renovations that include air conditioning. Ms. Villegas felt the bill covers many details and provided background information that allows for a variety of options so that people need not be burdened by exceptional financial costs. This really allows for continued wise growth and development, she said. Council Member Aaron Chung told of how he first heard about the County not acting on the Energy Code in May from Ms. Lee Loy. He wanted to credit everyone involved in getting the bill done in the ensuing seven months. You did it the right way, he said, by engaging all stakeholders,the Administration, reached out to Council Members, and explained the provisions in very understandable terms. They made it understandable,he said. In terms of process or processes, this is how it is supposed to work. Mr. Kaneali'i-Kleinfelder said he attended a few meetings with contractors and the public, and remarked favorably on the process that led to Bill No. 126. He singled out Mr. Tanaka, Ms. Matsumoto, and"legislation genius" Ms. Chow, for their work. What we are doing is providing better housing that's better built, that equals less costs on the back end of a building,he said. Put a little bit more money into a building, have a cooler more efficient house, he said. He appreciated everyone who put all the effort into this bill, and expressed his support for it. Chair Lee Loy noted receiving testimony that sought more collaboration. She wanted to give an opportunity for the department to go back and address some of the questions for clarification. She asked her colleagues to weigh in on postponing the bill to another Committee agenda or advancing it to Council. She also noted that Bill No. 126 is just one of five more code amendments that will be coming forward and hoped that this would serve as the model for developing and rolling out future legislation. She also called for funding for staff training to be addressed in the next fiscal year. Mr. Tanaka, a member of the State Building Council, said he would invite all the design professionals on the island to help him advocate for the County at that level. With all of our voices combined together, the possibility exists of moving in amendments at that level for our County to support, without coming off as too onerous, he said. We are open to that collaboration, he said. Mr. Richards spoke against a potential postponement, and supported advancing the bill to the Council, noting there still is time to address amendments on first reading. Absent a motion to postpone, or any further discussion, Mr. Kaneali'i-Kleinfelder proceeded to the vote. PWMTC Report No.:20 7 t 1 PWMTC-20 Page 4 December 17,2019 i Your Committee on Public Works and Mass Transit is in accord with the purpose and intent of Bill No. 126, and recommends its passage on first reading. i i I I i i i S AYES NOES ABS Ex Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PUBLIC WORKS EOFF X AND MASS TRANSIT KANEALH-KLEINFELDER X KIERKIEW ICZ X LEE LOY X POINDEXTER X L. K. LEE ,` AIR RICHARDS X % MTC REPORT NO. 20 VILLEGAS X ADOPTED: JAN 0 8 2020