LIHU‘E — The Kaua‘i County Council on Thursday passed the 2012 Hawai‘i State Association of Counties Legislative Package, a collection of 14 state proposals to be considered by all four counties’ councils. The approved package includes proposed bills to create
LIHU‘E — The Kaua‘i County Council on Thursday passed the 2012 Hawai‘i State Association of Counties Legislative Package, a collection of 14 state proposals to be considered by all four counties’ councils.
The approved package includes proposed bills to create a new collective bargaining unit for county Water Safety Officers; a resolution urging the U.S. State Department, the Department of Homeland Security, and the U.S. Attorney General to ease visa restrictions for the People’s Republic of China; and for required labeling of genetically engineered food products.
Councilman and HSAC President Mel Rapozo was excused for Mainland meetings and was part of the Executive Committee that recommended approval and inclusion of the HSAC proposals.
The bill for a Food Labeling Act originated with the Maui Council. A summary of 78 respondents was compiled from Kaua‘i public testimony at special meetings in November. It was considered and included in the council decision, according to Council Chair Jay Furfaro.
Four more people testified at the Thursday meeting in the Historic County Building.
Dr. Cindy Goldstein, a research scientist at Pioneer Hybrid in Waimea and the seed operation center in Kekaha, described the purpose of U.S. Food and Drug Administration labeling requirements as a science-based assessment of the health and safety of foods.
The purpose of labeling is for consumers to be aware of nutritional and allergic properties in food, and to gather information on natural ingredients, flavorings and substitute ingredients, she said. She said current laws require labeling of genetically engineered foods when it changes the nutritional content to some extent.
Biotech and genetically engineered foods, oils and seeds are substantially equivalent and consistently shown to be safe, Goldstein said. To establish a labeling process that addresses the way something is produced rather than the product itself would present unforeseen manufacturer consequences of deciding not to produce altogether, she added.
Food manufacturers would be forced for the possibility of the presence of a genetically engineered ingredient from its suppliers, Goldstein said. It would create a falsely negative connotation for products and would be seen as a warning, she added.
Organic food is not allowed to have that content and it is very hard to differentiate. Many consumers don’t go total organic because of the premium price of being produced on small farm economies.
“Products could still be GMO-free with or without an organic certification,” Goldstein said, noting that consumers would likely absorb costs that manufacturers pay for GMO labeling.
Councilman Tim Bynum said this is simply a matter of consumers being empowered to make more informed choices. He said most people would prefer organic foods.
Kapa‘a resident Ken Taylor testified in support of the labeling act. He said the food industry has extensive tracking measures already in place. This is demonstrated when there are product recalls and the source materials are traced all the way back to the point of origin.
“This gets down to manufacturers making the decision of what kind of product they want to use,” Taylor said. “If they decide they don’t want a GMO product then they don’t buy GMO wheat and then figure out how to label the end product.”
The consumer will dictate the need for the manufacturer to buy GMO or not, he said, depending on whether they feel it is safe or not.
“Choice is a very important part of our life and I see this as a situation of another choice,” Taylor said.
Danita Galvin testified in favor of the labeling as a human rights issue. The constitution guarantees health and well-being and awareness of the condition of food is not possible without full disclosure, she said.
“At this point the federal government has failed to protect the rights of people and this is an opportunity to send a powerful message,” Galvin said, noting the concern is to pass the act after a decade of delay and address how it is implemented later.
“This is an opportunity to show that the State of Hawai‘i cares about people and what rights people have,” she said.
Council Vice Chair JoAnn Yukimura expressed concern to ensure food safety but also to be careful about creating a hardship for families if the impact creates the unintended consequence of driving up prices.
Reserve fund
A resolution was passed establishing the County of Kaua‘i Reserve Fund and Reserve Fund Policy as a provision within the Operating Budget Ordinance was passed after much deliberation.
Furfaro presented his guidelines and said it was a structuring of reserve accounts that he realized was needed during his time as finance chair. It is a budgeting account to work with unrestricted fund balances.
The fund would require the county to maintain a reserve percentage of about 20 to 25 percent of its annual operating budget within three years. Furfaro said it is a transparent way to recognize reserves rather than just turn a surplus.
Bynum attempted to add an amendment to ensure proper accounting terms were used in the language of the bill. The amendment, which failed, also called for specific actions to occur as the fund balance reached it minimum and maximum levels.
Farm worker housing
An amended farm worker housing ordinance bill was passed after much discussion regarding subject use regulations.
Yukimura said the original bill passed on Aug. 16, 2010 was an obstacle to condominium builders for lack of clarity. She said the amendment addressed that along with other housing permitting requirements.
“Farm worker housing is a different status and should be thought of as an accessory use to a farm and not an outright stand-alone dwelling, but a privilege to a restricted use permit,” Yukimura said.
County Planning Director Mike Dahilig said the department was in agreement with an amended FWHO ordinance provided it addressed previous concerns of the Public Works Department. The concern was with changes that would allow condominium property regimes to circumvent the subdivision process and infrastructure requirements.
Dahilig and county planner Ka‘aina Hull said the amendment would need to ensure the separation of “property” and “lot of record” so as not to redefine the CPR to qualify for additional dwellings when unwanted density or environmental impact would result.
The report, prepared by County Engineer Larry Dill, spelled out the FWHO requirements and where they might conflict with comprehensive zoning ordinances relating to distance of parcels from common driveways and public thoroughfares.
Furfaro addressed concerns about the potential for the bill to impact wetlands and large growers. He supported the bill saying it was better to have this as a position statement to waiting for the a state mandate.
Other business
The council killed a resolution requesting the Department of Health amend its administrative rules to establish up to a 10-year exemption period to connect to a public or private sewer system after installation of an individual wastewater system.
The bill was approved at a committee meeting. However, Council members Dickie Chang, Nadine Nakamura and Yukimura followed Furfaro in his lack of support for the bill with a no-vote. Bynum and KipuKai Kuali‘i voted yes.
The council approved a request to receive and expend $600,000 from the U.S. Department of Homeland Security, via State Civil Defense, for the State Homeland Security Program and the Citizen Corps Program.
Nakamura expressed concern that future planning have detailed use of funds and outcomes.
Yukimura said part of the funding is to train community volunteers who are available before and after emergencies.
“It is an important extension of government response to natural disasters and emergencies and I am proud to be part of the program,” Yukimura said.
The council approved a bill for an ordinance amending exemptions for commercial and alternative energy facilities.
Taylor testified that the original bill was meant to encourage alternative energy and everyone wanted to move forward with a social progressive project that would not be a hindrance. Now, he said there is concern that this bill might favor one or a few projects.
Bynum differed and said the bill is a great example of democracy at work. He said the council worked through many amendments to make it work.
“This is not a solar bill but a bill for all alternative energy,” Bynum said.
The council approved a request from the Office of the County Attorney for authorization to expend additional funds up to $15,000 to enable special counsel’s continued representation in Kathleen M. Ah Quin vs. County of Kaua‘i, Department of Transportation.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@thegardenisland.com.
