HomeMy WebLinkAboutResolution No. 2022-56COUNTY COUNCIL
COUNTY OF KAUA'I
l\,esoluttonNo. 2022-56
RESOLUTION APPROVING PROPOSALS FOR INCLUSION
IN THE 2023 HAWAl'I STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
WHEREAS, legislative proposals and priorities have been submitted by
member counties of the Hawai'i State Association of Counties (HSAC) for
consideration by the County Councils for inclusion in the 2023 HSAC Legislative
Package; and
WHEREAS, at its meeting on October 25, 2022, the HSAC Executive
Committee approved for inclusion in the 2023 HSAC Legislative Package
the following:
1. Relating to the Employees' Retirement System.
Provides an incentive to recruit and retain more police officers by
removing the minimum age requirement for police officer retirement.
(County of Maui)
2. Relating to Special Management Areas.
Expands exclusions to the definition of "development" in Chapter 205A,
Hawai'i Revised Statutes, to reduce the need for special management
area permits for certain activities. (County of Maui)
3. Relating to a Resolution Requesting the Department of Health to
Adopt Rules for a Permit to Discharge Pollutants That Consider the
Major Factors That are Considered in Identifying the Functional
Equivalent of a Direct Discharge for Point Sources or Non-Point
Sources. (County of Hawai 'i)
4. Relating to the Regulation of Tobacco Products.
Reauthorizes the counties to enact restrictions of the sales of tobacco
products, including electronic smoking devices, by inserting a sunset
date into Act 206, Session Laws of Hawai'i 2018. (County of Hawai'i)
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5. Relating to Traffic Fines.
Clarifies that the counties may by ordinance designate county highways
where the stopping, sanding, or parking of vehicles are restricted or
prohibited. (County of Hawai'i)
Legislative Priorities:
1. Legislation related to increasing the availability of affordable housing and
infrastructure on lands administered by the Department of Hawaiian
Homelands.
2. Legislation related to workforce development for both civil service and
green job positions.
3. Legislation related to wastewater infrastructure funding and programs to
assist in the conversion of cesspools.
4. Legislation that will increase the availability of mental health and
substance abuse services.
WHEREAS, HSAC Bylaws requires that all four (4) Counties approve of each
proposal and priority for inclusion in the HSAC Legislative Package; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'!,
STATE OF HAWAI'I, that it hereby approves the following proposals and priorities
which are attached hereto for inclusion in the 2023 HSAC Legislative Package:
1. Relating to the Employees' Retirement System
2. Relating to Special Management Areas
3. Relating to a Resolution Requesting the Department of Health to Adopt
Rules for a Permit to Discharge Pollutants that Consider the Major Factors
That are Considered in Identifying the Functional Equivalent of A Direct
Discharge for Point Sources or Non-Point Sources
4. Relating to the Regulation of Tobacco Products
5. Relating to Traffic Fines
Legislative Priorities:
1. Legislation related to increasing the availability of affordable housing and
infrastructure on lands administered by the Department of Hawaiian
Homelands.
2. Legislation related to workforce development for both civil service and
green job positions.
3. Legislation related to wastewater infrastructure funding and programs to
assist in the conversion of cesspools.
4. Legislation that will increase the availability of mental health and
substance abuse services.
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BE IT FURTHER RESOLVED, that a certified copy of this Resolution be
transmitted to the HSAC Executive Committee.
Introduced by:
MASON K. CHOCK
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We berehp certifp tbat l\.esolution jl}o. 2022-56
b.ms abopteb hp tbe (l[ouncil of tbe (l[ountp of JRaua'i, ~tate of
1!}awai'i, 1Libu'e, JRaua'i, 1!}awai'i, on November 16, 2022.
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!IDateb November 16, 2022
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.8. NO.
A BILL FOR AN ACT
RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
BE IT ENACTED BY TIIE LEGISLATURE OF TIIE STATE OF HAWAII:
1 SECTION 1. The legislature finds existing state law requires
2 a police officer employed after June 30, 2012, to meet both age
3 and years of service requirements for retirement. An officer hired
4 after this date is required to have twenty-five years of service
s and have attained the age of fifty-five. According to a study by
6 the National Center for Biotechnology Information, the years of
7 potential life lost for police officers was twenty-one times
8 greater than that of the general population. Police off ice rs
9 generally have shorter life expectancy due to stress, shift work,
10 obesity, and exposure to hazardous work environments. The study
11 also found that a male police officer who reached age fifty between
12 1950 and 2005 was expected to live only 7 .8 additional years, while
13 a male in the general population of the United States that reached
14 age fifty in the same time period was expected to live an
15 additional thirty-five years. Further, male police officers aged
16 fifty to fifty-four years had a nearly forty percent probability
17 of death compared to a one percent probability for males in the
18 general population in the same age category.
Page2 .B. NO.
1 The legislature further finds that, upon considering the
2 results of this study, eliminating the minimum age requirement for
3 police officers and maintaining the twenty-five years of service
4 requirement may help to reduce the mortality rate risk factor for
5 police officers. For example, an officer who joins the police
6 department at age twenty would have the option to retire at forty-
7 five, which would significantly reduce the possibility of health
8 risk factors associated with police work. Additionally, Honolulu
9 and Maui police departments have developed a lateral transfer
to program to attract former officers from Hawaii or elsewhere to
11 transfer to Honolulu or Maui, but the retirement requirements of
12 twenty-five years of service and minimum age of fifty-five
13 discourage many qualified individuals from transferring.
14 The purpose of this Act is to provide an incentive to recruit
15 and retain more police officers.
16 SECTION 2. Section 88-73, Hawaii Revised Statutes, is amended
17 by amending subsection (a) to read as follows:
18 '' (a) Any member who:
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1. Became a member before July lr 2012, and has at least
five years of credited service and has attained age
fifty-five;
2. Became a member before July 1, 2012, and has at least
twenty-five years of credited service:
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3. Has at least ten years of credited service, which
includes service as a judge before July 1, 1999t an
elective officer, or a legislative officer;
4. Becomes a member after June 30, 2012, and has at least
ten years of credited service and has attained age
sixty; or
5~ Becomes a member after June 30, 2012, and has at least
8 twenty-five years of credited service [aRe flas
9 et.t.ai.R:ee:l age fi:fey-ttv-e), shall become eligible to
10 receive a retirement allowance after the member has
11 terminated service,
12 shall become eligible to receive a retirement allowance after the
13 member has terminated service."
14 SECTION 3. corresponding amendments are made to Section 88-
15 99, Hawaii Revised Statutes.
16 SECTION 4. Statutory material to be deleted is bracketed and
17 in strikethrough.
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SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: -~--------------
. B. NO.
A Bl LL FOR AN ACT
RELATING TO SPECIAL MANAGEMENT AREAS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HA WAIi:
1 SECTION 1. The legislature finds that targeted amendments
2 to the definition of "development" as it relates to special
3 management areas will promote, not undercut, the environmental
4 controls and quality that special management area regulations
5 are intended to protect. Currently, the broad definition of
6 "development" coupled with rising labor and materials costs can
7 result in a special management area use permit review being
8 required for improvements, facilities, and incidental structures
9 that may not warrant such intense scrutiny and the associated
10 costs and delays that go along with it.
11 The legislature further finds that exclusions from the
U special management area definition of "development" are
U desirable for the following activities:
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( 1)
( 2)
Installation, maintenance, repair, and replacement of
public pedestrian and bicycle facilities to reduce
reliance on vehicles;
Trash removal, invasive vegetation removal or control,
and fencing for invasive species control or
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preservation of native habitats to improve the quality
of the environment;
Installation, maintenance, repair, and replacement of
lighting, fixtures, and equipment to comply with
standards at public facilities, including health and
safety standards, to protect native seabird
populations and reduce light pollution; and
Installation, maintenance, repair, and replacement of
9 security measures for existing public facilities.
10 The purpose of this Act is to expand exclusions to the
11 definition of "development" in chapter 205A, Hawaii Revised
12 Statutes, to reduce the need for special management area permits
13 for certain activities.
14 SECTION 2. Section 205A-22, Hawaii Revised Statutes, is
15 amended by amending the definition of "development" to read as
16 follows:
17 "Development" [means]~
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J..l.l Means any of the uses, activities, or operations on
land or in or under water within a special management
area that are included below:
[B+J J12l Placement or erection of any solid material
or any gaseous, liquid, solid, or thermal waste;
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[~]~Grading, removing, dredging, mining, or
extraction of any materials;
[~] J_gJ_ Change in the density or intensity of use of
land, including but not limited to the division or
subdivision of land;
[-f-4-t-] J_QJ_ Change in the intensity of use of water,
ecology related thereto, or of access thereto; and
[+e-l-] J..§1 Construction, reconstruction, or alteration
of the size of any structure.
["Development// does] J1.l Does not include the following:
[-t-±+] J.£:l Construction or reconstruction of a single-
family residence that is less than [seven thousand
five hundred] five thousand square feet of floor
area [7 ]L is not situated on a shoreline parcel or a
parcel that is impacted by waves, storm surges, high
tide, or shoreline erosion[7 ]L and is not part of a
larger development;
[~] J..£1 Repair or maintenance of roads and highways
within existing rights-of-way;
[~] J_gJ_ Routine maintenance dredging of existing
streams, channels, and drainage ways;
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[-f-4+] J_Q.l_ Repair and maintenance of underground
utility lines, including but not limited to water,
sewer, power, and telephone and minor appurtenant
structures such as pad mounted transformers and
sewer pump stations;
[+§+] J.§.l_ Zoning variances, except for height,
density, parking, and shoreline setback;
[+6+] 1E1. Repair, maintenance, or interior alterations
to existing structures;
[-8+] ( G) Demolition or removal of structures, except
those structures located on any historic site as
designated in national or state registers;
[+8+] J..!il Use of any land for the purpose of
cultivating, planting, growing, and harvesting
plants, crops, trees, and other agricultural,
horticultural, or forestry products or animal
husbandry, or aquaculture or mariculture of plants
or animals, or other agricultural purposes[7 ]L
including all traditional fishpond and traditional
agricultural practices;
[-f-9-t] _Q.l_ Transfer of title to land;
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[ ( 10)] ( J) Creation or termination of easements,
covenants, or other rights in structures or land;
[ (11)] (K) Subdivision of land into lots greater than
twenty acres in size;
[ (12)] (L) Subdivision of a parcel of land into four
or fewer parcels when no associated construction
activities are proposed; provided that any land that
is so subdivided shall not thereafter qualify for
this exception with respect to any subsequent
subdivision of any of the resulting parcels;
[(13)] Q1l_ Installation of underground utility lines
and appurtenant aboveground fixtures less than four
feet in height along existing corridors;
[(14)] ill, Structural and nonstructural improvements
to existing single-family residences, where
otherwise permissible;
[(15)] J.Ql Nonstructural improvements to existing
commercial or noncommercial structures; [ ~]
[(16)] J..fl Construction, installation, maintenance,
repair, and replacement of emergency management
warning or signal devices and sirens;
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J.9l Installation, maintenance, repair, and replacement
of public pedestrian and bicycle facilities,
including sidewalks, paths, bikeways, crosswalks,
stairs, ramps, traffic control barriers, signs,
signals, and associated improvements;
..IBl Trash removal or invasive vegetation removal or
control, excluding the use of herbicides;
J_§J_ Installation of fencing, including associated
improvements and incidental structures, for invasive
species control or preservation of native habitats
on conservation land;
J1:.l Installation, maintenance, repair, and replacement
of lighting, fixtures, and equipment to establish
compliance with current standards at existing public
facilities;
J.Ql_ Installation, maintenance, repair, and replacement
of security measures, including fencing, to existing
public facilities; and
~ Traditional and customary practices, including
work conducted by traditional means near, in, or
related to loko i'a, traditional Hawaiian fishponds;
Page 7 .B. NO.
1 provided that whenever the authority finds that any excluded
2 use, activity, or operation may have a cumulative impact, or a
3 significant environmental or ecological effect on a special
4 management area, that use, activity, or operation shall be
5 defined as "development" for the purpose of this part."
6 SECTION 3. This Act does not affect rights and duties that
7 matured, penalties that were incurred, and proceedings that were
8 begun before its effective date.
9 SECTION 4. Statutory material to be repealed is bracketed
10 and stricken. New statutory material is underscored.
11 SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY:
H.C.R. NO.
HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT
TO DISCHARGE POLLUTANTS THAT CONSIDER THE MAJOR FACTORS
THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL
EQUIVALENT OF A DIRECT DISCHARGE FOR POINT SOURCES OR NON-
POINT SOURCES.
1 WHEREAS, the Clean Water Act was enacted to regulate
2 pollution from point sources into surface waters by requiring a
3 permit through the National Pollutant Discharge System (NPDES);
4 that limits the pollutants that may be emitted by a point source
5 and the treatment steps that are necessary to limit those
6 pollutants; and
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8 WHEREAS, the U.S. Supreme Court held that the Clean Water
9 Act requires a permit when pollutants originating from a non-
10 point source can be conclusively traced to navigable waters via
11 the "functional equivalent of a direct discharge"; and
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13 WHEREAS, determining "functional equivalent" is complicated
14 by factors such as:
15 (1) Time and distance a pollutant travels;
16 (2) The nature of the material through which the pollutant
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travels;
(3) The extent to which the concentration of the pollutant
changes as it travels; and
21 WHEREAS, the Court elaborated that functional equivalent
22 permitting determinations should preserve the authority of
23 states to regulate groundwater and other non-point sources of
24 pollution; and
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26 WHEREAS, the department of health is responsible for
27 proposing rules defining "functional equivalent" relating to the
28 discharge of pollutants that require a National Pollution
29 Discharge Elimination System (NPDES) permit; now, therefore
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Page 2 H.C.R. NO.
1 BE IT RESOLVED by the House of Representatives of the
2 Thirty-second Legislature of the State of Hawaii, Regular
3 Session of 2023, the Senate concurring, that the Department of
4 Health use the ruling of the U.S. Supreme Court in County of
5 Maui v. Hawaii Wildlife Fund and guidelines established by the
6 Environmental Protection Agency to adopt rules for a permit to
7 discharge that include the major factors that are considered in
8 identifying, for point sources or non-point sources, "the
9 functional equivalent of a direct discharge; and
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11 BE IT FURTHER RESOLVED that the Department of Health shall
12 submit a report of findings and recommendations and draft rules
13 relating to the requirement of a NPDES permit under the Clean
14 Water Act for the discharge of point sources and non-point
15 sources into navigable waters to the Legislature twenty days
16 prior to the convening of the Regular Session of 2024; and
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18 BE IT FURTHER RESOLVED that a certified copy of this
19 concurrent resolution be transmitted to the Director of Health.
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22 OFFERED BY:
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i REVISED: I 1ST DRAFT DATE:
,....... ----
.B. NO.
A Bl LL FOR AN ACT
RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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2 SECTION 1. The legislature finds that tobacco use remains the
3 leading cause of preventable death in the United States and in
4 Hawaii. Recent years have brought a precipitous increase in
5 consumer sales of electronic smoking devices, sometimes called
6 "vapes", and one inhalation of these products can contain many
7 times more nicotine than a conventional cigarette. Electronic
8 smoking devices have played a major role in increased rates of
9 youth nicotine addiction, which had been previously on the
10 decline.
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12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic
14 cigarettes in tpe same manner as the state treats conventional
15 cigarettes for purposes of clean indoor air laws. The state and
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adopted policies to ban smoking -including
18 electronic cigarette use -at state and county beaches and
19 parks.
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21 In 2018, in order to ensure uniform regulations on tobacco
22 sales, the legislature passed Act 206, which, in part, declared
23 the sale of cigarettes, tobacco products, and electronic smoking
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the ·sale
26 of these products. However, the legislature finds that since the
27 Act's passage, youth tobacco use has continued to increase to
28 epidemic levels. According to the 2019 Hawaii Youth Risk
29 Behavior Survey, thirty-one per cent of middle school students
30 and forty-eight per cent of public high school students had
31 tried electronic smoking devices. The 2019 Hawaii Youth Risk
32 Behavior Survey also indicates that eighteen per cent of middle
33 school students and thirty-one per cent of high school students
34 currently vape.
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36 The legislature further finds that in order to end this youth
37 vaping epidemic, the state must work in concert with youth,
38 parents, and educational institutions, and laws must be changed
39 at all levels of government to establish reasonable restrictions
40 on the sale of and access to these addictive products.
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42 Accordingly, the purpose of this Act is to reauthorize the
43 counties to enact restrictions of the sales of tobacco products,
44 including electronic smoking devices, by inserting a sunset date
45 into Act 206, Session Laws of Hawaii 2018.
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48 SECTION 2. Section §328J-ll.5, Hawaii Revised Statutes, is
49 repealed.
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51 [Statewide concern. (a) Sales of cigarettes, tobacco products,
52 and electronic smoking devices are a statewide concern. It is
53 the intent of the legislature to regulate the sale of
54 cigarettes, tobacco products, and electronic smoking devices in
55 a uniform and exclusive manner.
56 (b) All local ordinances or regulations that regulate
57 the sale of cigarettes, tobacco products, and electronic smoking
58 devices are preempted, and mdsting local laws and regulations
59 conflicting with this chapter are null and void.
60 (c) Nothing in this chapter shall be construed to
61 limit a county's authority under section 328J 15.]
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63 SECTION 3. Statutory material to be repealed is bracketed and
64 stricken.
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66 SECTION 4. This Act shall take effect upon approval.
REVISED:
1 ST DRAFT DA TE:
.B. NO.
A BILL FOR AN ACT
RELATING TO TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Many of poplar scenic areas draw thousands of
2 visitors that over-burden state and county roads and highways
3 and contribute to illegal parking that cause traffic gridlock
4 and complaints from local communities.
5 In 2019, Act 250 established the State highway enforcement
6 program, which added a surcharge for illegal parking violations.
7 The act provided that fifty-percent of the surcharge be
8 distributed to county police departments who are vital to the
9 enforcement of parking violations, but have limited resources.
10 The purpose of this Act is to clarify that the counties may
11 by ordinance designate county highways where the stopping,
12 standing, or parking of vehicles are restricted or prohibited.
13 SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended
14 by adding a new section to be appropriately designated and to
15 read as follows:
16 "46-Prohibition or restriction of stopping, standing, or
17 parking of vehicles on county highways. Each county may by
18 ordinance prohibit or restrict the stopping, standing, or
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parking of vehicles by designating specific sections of county
highways subject to violations under section 291C-lll. The
county shall submit notice with a copy of the ordinance to the
judiciary of passage of the ordinance.n
SECTION 3. Section 291C-lll, Hawaii Revised Statutes, is
6 amended by amending subsection (c) to read as follows:
7 "(c) Any person committing a violation of any law or
8 ordinance prohibiting or restricting the stopping, standing, or
9 parking of vehicles on state highways or designated county
10 highway shall be charged, in addition to any other applicable
11 penalties and fines, a state highway enforcement program
12 surcharge of $2b0 to be enforced and collected by the district
13 courts and to be deposited into the state highway fund; provided
14 that fifty per cent of each surcharge collected shall be
15 disbursed to the police department of the county in which the
16 violation occurred."
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SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2023.
INTRODUCED BY:
BY REQUEST
XXX-00(12)
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