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HomeMy WebLinkAboutBIL 048 Draft 02 2022-2024 I o�MtY of yt�tL +A wT.ao�.•P`� COUNTY OF HAWAII STATE OF HAWAIJ �Tf•OF•NhJ+ BI LL �$ (DRAFT 2) ORDINANCE NO. A BILL FOR AN ORDINANCE TO AMEND THE HAWAIJ COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-7; AMENDING CHAPTER 2 BY CREATING A NEW ARTICLE 49; AND CREATING A NEW CHAPTER 37, RELATING TO SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 2, section 2-7, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding a new agency and agency head to be appropriately inserted into paragraph"(1)Agency and agency heads under direct supervision of the managing director:" and to read as follows: "(F) Office of sustainability, climate, equity, and resilience.................................... administrator" SECTION 2. Chapter 2, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding a new article 49 to read as follows: "Article 49. Sustainability, Climate,Equity, and Resilience. Division 1. Office of Sustainability, Climate, Equity, and Resilience. Section 2-270. Creation. An office to be known as the office of sustainability, climate, equity, and resilience is created. Section 2-271. Sustainability administrator created. There shall be a sustainability administrator. The position of sustainability administrator shall be appointed by the mayor and confirmed by the council for a term of six years and for no more than two consecutive terms. At a minimum, the sustainability administrator shall be able to demonstrate the following through education and/or employment: (1) Experience leading a major program in sustainability, climate action, environmental management, environmental or social justice, or a related field; (2) Technical knowledge of the science of climate change mitigation and adaptation, sustainability, and natural resource management; (3) Understanding of Native Hawaiian culture and of the unique environmental and social justice issues in Hawaii; (4) Skills in leadership, staff supervision, communication, and organization development; (5) Experience with project management and interagency collaboration; and (6) Experience with policy development and securing and managing outside funding. A bachelor's degree and five years of experience or a master's degree and three years of experience in the fields of sustainability, climate change, environment, resilience, or related fields shall be preferred. Section 2-272. Duties of sustainability administrator. The sustainability administrator shall have direct responsibility for the administration and operation of the office of sustainability, climate, equity, and resilience. Division 2. Climate Action Revolving Fund. Section 2-273. Climate action revolving fund created. There is established a fund entitled the sustainability, climate, equity, and resilience fund to be maintained by the director of finance." SECTION 3. The Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding a new chapter 37 to read as follows: "CHAPTER 37 SUSTAINABILITY, CLIMATE, EQUITY,AND RESILIENCE. Article 1. General Provisions. Section 37-1-1. Title. This chapter shall be known as the "sustainability, climate, equity, and resilience code." Section 37-1-2. Declaration of policy. It is declared to be the policy of the County to address sustainability, climate change, equity, and resilience in the County through immediate, direct, and coordinated action. To this end, the office of sustainability, climate, equity, and resilience is created to coordinate and manage policies and programs to address sustainability, mitigate greenhouse gas emissions, and adapt to the impacts of climate change and other natural and human caused hazards. Through regular stakeholder engagement these policies and programs shall promote the County's sustainability and resilience in a manner that is immediate, direct, coordinated, and equitable in their impact on various communities in the County. Section 37-1-3. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: 2 "Adaptation" means the process of observing changes in social, environmental, and economic systems and adjusting operations to meet present and anticipated future needs. "Climate change impacts" means the effect on social, economic, and environmental systems that are caused by human-driven climate change including, but not limited to, increases in natural disaster severity, unstable and extreme weather patterns, and loss of native ecosystems. "Environmental justice" means that all people receive equal protection from environmental hazards and access to a healthy and sustainable environment, are provided fair treatment and meaningful involvement in the development, implementation, and enforcement of environmental laws, regulations, and policies, and that the benefits and burdens of environmental policies and practices are distributed fairly regardless of race, color, national origin, or income. "Equity" means that the cumulative impacts on lower- and middle-income individuals and historically marginalized groups are considered during decision making. "Mitigation"means actions and strategies aimed at reducing the risk of harm and damage to human communities, natural ecosystems, infrastructure, and the economy due to the impacts of climate change. These actions and strategies shall include but not be limited to reduction of greenhouse gas emissions and removal of greenhouse gases from the atmosphere. "Office" means the office of sustainability, climate, equity, and resilience. "Sustainability"means a balanced approach of managing present day environmental, social, and economic needs and maintaining a healthy lifecycle to fulfill the needs of current populations that does not compromise the needs of future generations, and ensures harmony between economic growth, environmental systems, and social well-being. "Resilience"means the ability to withstand social, environmental, and economic shocks and stressors with minimal human, environmental, and economic costs, risks, and damages. Section 37-1-4. Authority to adopt rules and regulations. The sustainability administrator is authorized to adopt rules and regulations as the office deems necessary for the administration of the conduct of the office's business. Rules shall be adopted pursuant to chapter 91, Hawaii Revised Statutes. Article 2. Office of Sustainability, Climate, Equity, and Resilience. Section 37-2-21. Duties of the office of sustainability, climate, equity, and resilience. (a) Policy and program development. The office shall: (1) Establish policies and programs to promote sustainability, mitigate greenhouse gas emissions, and build the County's resilience to the impacts of climate change and other natural and human caused hazards. These policies and programs shall be developed after consideration of resources such as the County's general plan, County community development plans, County multi-hazard mitigation plan and County 3 I i I 1 climate action plan, State law, the United Nations Sustainable Development Goals, and the 2015 Paris Climate Agreement. (2) Improve environmental justice and equity by promoting specific policies and actions to ensure that sustainability, change mitigation and adaptation, and resilience efforts also benefit lower and middle income,Native Hawaiian, and historically marginalized communities. These policies and actions should include utilization of place-based and Native Hawaiian guiding principles,tools, and frameworks to guide, inform, coordinate, and evaluate proposed actions and activities. (3) Regularly engage with stakeholders to assess and assure that policies and actions are implemented in a manner that is immediate, direct, and coordinated, and employs strategies that are equitable in their impact on various communities in our County. (b) Shared metrics. The office shall develop metrics, benchmarks, and data visualization tools to track and communicate progress towards sustainability, climate mitigation and adaptation, equity, and resilience goals. (c) Coordination, collaboration, and education. The office shall: (1) Coordinate communication among County departments and with community partners to develop and promote a shared vision and collaborative approach to implementing solutions that are based upon a clear understanding of the issues and challenges related to sustainability, climate change mitigation and adaptation, equity, and resilience. (2) Coordinate and provide technical support to County departments to create policies and programs designed to implement and measure sustainability, climate change mitigation and adaptation, equity, and resilience strategies. (3) Collaborate with County departments and community stakeholders on sustainability, climate change mitigation and adaptation, equity, and resilience strategies to maximize collective impact through mutually reinforcing activities. (4) Provide education, outreach, and support, both internally and externally, that promotes climate sustainability and climate change mitigation and adaptation initiatives in a manner that promotes equity and resilience. (d) Legislation and budget. The office shall: (1) Evaluate potential impacts of climate change on County facilities and infrastructure and provide operating and capital improvement budget recommendations for consideration in addition to the recommendations of the planning department. (2) Provide policy analysis and propose legislation to the Council to implement this section. 4 (3) Provide the Council with an annual sustainability report. (e) Grants and funding. The office shall: (1) Investigate and provide technical support for grant applications and grant management to support funding to implement this section. (2) Prepare programs and contracts with the Federal government to carry out the purposes of this article and transmit to the Council for approval. (f) The office shall perform other related duties necessary to fulfill the mandate of the office." SECTION 4. New material in SECTION 1 is underscored. In printing this ordinance, the underscoring need not be included. SECTION 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: �U COUNCIL MEMBER, CO TY OF HAWAII 4 COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: 279.60 REFERENCE Comm. 5