HomeMy WebLinkAbout03/20/2024 Commitee of the Whole minutes MINUTES
COMMITTEE OF THE WHOLE
March 20, 2024
A meeting of the Committee of the Whole of the Council of the County of Kaua`i,
State of Hawai`i, was called to order by Mel Rapozo, Chair, at the Council Chambers,
4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, March 20, 2024, at
9:32 a.m., after which the following Members answered the call of the roll:
Honorable Addison Bulosan
Honorable Bernard P. Carvalho, Jr.
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable KipuKai Kuali`i
Honorable Mel Rapozo
Excused: Honorable Ross Kagawa
The Committee proceeded on its agenda item as follows:
Bill No. 2912 A BILL FOR AN ORDINANCE ADDING A NEW ARTICLE TO
CHAPTER 6, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GENERAL PROVISIONS RELATING TO
FINANCE (This item was Deferred to the May 22, 2024
Committee Meeting)
Councilmember Kuali`i moved to recommend approval of Bill No. 2912 on
second and final reading, seconded by Councilmember Carvalho.
Council Chair Rapozo: Councilmember Bulosan, I know you
requested a deferral for this matter. Would you like to explain?
Councilmember Bulosan: There is a current bill in the State that may
affect this Bill. I think the hearing is today, so I would like to defer this Bill to the
May 22, 2024 Committee Meeting.
Councilmember Cowden: I have a question.
Council Chair Rapozo: We will take public testimony as well. Go
ahead.
Councilmember Cowden: Can you tell the Council what the State bill is
and how it would impact us?
COW MEETING 2 MARCH 20, 2024
Councilmember Bulosan: Yes, I can.
Councilmember Cowden: Do you know the number of the bill?
Councilmember Bulosan: I do not know the number off the top of my
head.
Councilmember Cowden: Okay, let us just say what we are trying to do
is have secondary financing for green improvements, right? It would go right along
with tax,just in case someone is listening and trying to understand. Can you explain
how it would be different?
Councilmember Bulosan: The State Bill that is currently on the floor, I
think it is going to be in Committee at 9:30 a.m., so right about now. It is looking at
one of the sections specifically regarding to...there is one piece of the bill that is
affected. I can give you the particulars in a moment.
Councilmember Cowden: Okay, I can say what the part I want to be
affected. I would love if it could apply to houses as well, but that is probably too big
of a wish, right? I would be all excited if homes could do it.
Councilmember Bulosan: No, it is not. It relates to foreclosures.
Councilmember Cowden: It is in particular to foreclosures. Okay, so it
would probably have to do with the lien or...
Council Chair Rapozo: I would agree with on the housing.
Councilmember Cowden: At first, I read this and thought it was houses
and I got so excited about it, because that helps people put in a septic system or
whatever they might need to do in a way that they can afford it. Okay, and then we
are picking May 22, 2024. We are picking a date quite a ways out because we want
to wait until the legislative season is over, so we know whether it completely passes
or not.
Council Chair Rapozo: Just for our viewers watching, a Commercial
Property Assessed Clean Energy (C-PACE) program provides financing alternatives
for commercial improvements on business properties, which is special financing. The
program is managed by the state. It really is a win-win for businesses that want to
improve their properties to be "greener." Mr. Colts, to get off fossil fuels. It could
improve their heating, ventilation, and air conditioning (HVAC) systems and right
now, the reason why the Residential, which would be fantastic,...we could use it for
Residential, but the banks lobbied hard because they do not want to lose that business
and the banks are still not happy, but that was the compromise. So, the State Bill,
COW MEETING 3 MARCH 20, 2024
as Councilmember Bulosan said, is having their committee hearing today. I am not
sure if this is the final committee hearing, but once the Legislature decides and that
bill is finalized, it may impact this one, so we will just wait until the session is over
and then we will...
Councilmember Cowden: I have a follow-up to what he just said so I can
understand it a little better. I thought the banks did not like it because they would
have someone ahead of them in position in a foreclosure, but you are saying that the
banks do not like it because they are not the lender for getting the septic system.
Septic is more important for us than getting on coal because we are not on coal
anyway. So, you are saying the banks did not like it because of the lending for the
improvement?
Council Chair Rapozo: Correct.
Councilmember Cowden: Oh, okay.
Council Chair Rapozo: It will definitely impact their business. The
way that the C-PACE program is structured provides for a lower interest rate for the
businesses that take advantage.
Council Chair Rapozo: Councilmember DeCosta.
Councilmember DeCosta: Again, I am going to have differ with you
guys. I was the only"No" vote on this and I am going to explain myself on why I voted
"No." Similar to the 2015 State Regulation that all cesspools would be converted to
septic and/or sewers. They come up with these regulations with no funding and now,
they come up with C-PACE funding for commercial buildings, which is not a problem.
Our problem is with residential homes, but they come up with commercial buildings
and they create this bill that they are going to read by 9:30 a.m. What is to say that
once the bill passes it does not become mandatory that every commercial owner has
to go green or make improvements to their business? Two (2) years from now, they
pass a bill that says we have the funding in place. Let us mandate that every
commercial building does this and then they are going to hold the commercial
buildings and business owners are going to lose their businesses, because they do not
want to take another loan out to follow the states "go-green" thing that everyone is
riding on the bandwagon. We just heard from one of our testifiers that
forty-eight percent (48%) of the United States is still on coal. I am going to stand firm
that I do not think we need a process like this, unless they can clear the language and
state that they are not going to make it mandatory that every commercial building
needs to be compliant with new state regulation that they might put on, like they did
with the cesspool conversion. Thank you.
Council Chair Rapozo: Are there any further discussion?
COW MEETING 4 MARCH 20, 2024
Councilmember Bulosan: Just to clarify, the Bill is HB 2801.
Councilmember Cowden: I am looking it up.
Council Chair Rapozo: Okay, is there any other discussion? I do not
think I asked for public testimony. Is there anyone from the audience wishing to
testify?
Councilmember Cowden: Does the Finance Department want to share
anything or no? Are you folks good?
There being no one present to provide testimony, the meeting proceeded as
follows:
Council Chair Rapozo: I think we will just wait for the Legislature
and then we will see what happens. I see the point that Councilmember DeCosta
made. This program is voluntary and there is some frustration about that too. I
would entertain a motion to defer Bill No. 2912 to the May 22, 2024 Committee
Meeting.
Councilmember Bulosan moved to defer Bill No. 2912 to the May 22, 2024
Committee Meeting, seconded by Councilmember Kuali`i, and carried by the
following vote:
FOR DEFERRAL: Bulosan, Carvalho, Cowden, Kuali`i,
Rapozo TOTAL— 5,
AGAINST DEFERRAL: DeCosta TOTAL— 1,
EXCUSED & NOT VOTING: Kagawa TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— O.
There being no further business, the meeting was adjourned at 9:40 a.m.
Respectfully submitted,
Shari L. Rabaino
Council Services Assistant I
APPROVED at the Committee Meeting held on April 3, 2024:
MEL RAPOZO
Chair, COW Committee