HomeMy WebLinkAboutCOMM. 167 CA-31 Legality of Department of Agriculture and Energy
EDMUND HAITSUKA
Chairman
DAVID FUERTES
Vice Chair
DAPHNE HONMA
CASEY JARMAN
GUY KAULUKUKUI
JAMAE KAWAUCHI
JOSEPH KEALOHA
ALAPAKI NAHALE-A
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
1
To: Chair Edmund K. Haitsuka and
Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Attorney
Date: January 19, 2010
RE: Relating to CA-31: Department of Agriculture and Energy
Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission,
There may be an issue with CA-31, which would create a county department and board of
agriculture and energy. The main issue is with agriculture portion of the proposal. The energy
aspect of the proposal appears to be fine since the Hawaii Revised Statutes specifically allows
the counties to explore alternative energy resources, “defined as geothermal, solar, wind, ocean
power, biomass and solid wastes in joint venture with an end user or public utility pursuant to a
plan for the direct utilization of the energy sources by an end user or public utility.”1
As a general rule, where a county law conflicts with a state law, the state law will control.
There is a state department of agriculture; therefore a county department of agriculture would
likely not be able to promulgate agricultural policies and directives that conflict with the state
policies. The county’s primary authority as it relates to agriculture is through the county’s
zoning authority.2 So this is not to say that there nothing the county can do as it relates to
agriculture. If the county decides to move forward with creating a department of agriculture the
county must be cautious that it does not overstep its authority and conflict with state laws.
Therefore, it is recommended that language be inserted into this amendment that would clarify
how this department is to interact with the state department of agriculture.
If you have any questions regarding these matters, please do not hesitate to contact me.
Levi K. Hookano Commission Attorney
1 See Haw. Rev. Stat. § 46-19 (2009).
2 Haw. Rev. Stat. § 46-4(a)(1) (2009).