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1999 Hawaii Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/saghi0042 and id is 1 raw text is: BENJAMIN J. CAYETANO MARGERY S. BRONSTER GOVERNOR ATTORNEY GENERAL THOMAS R. KELLER FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN STREET HONOLULU, HAWAII 96813 (808) 586-1500 March 19, 1999 The Honorable James J. Nakatani Chairperson, Board of Agriculture Department of Agriculture State of Hawaii 1428 South King Street Honolulu, Hawaii 96814-2512 Dear Chairperson Nakatani: Re: Proposed Amendment to Article 8, Relating to Nuclear Energy, Chapter 14 of the Hawaii County Code This opinion is written in response to your January 21, 1999 request that this office review the issues raised by Hawaii County Corporation Counsel's Opinion No. 98-5 (Opinion No. 98-5) concerning a ballot initiative proposed to amend article 8, titled Nuclear Energy, of chapter 14 of the Hawaii County Code (HCC), which article shall hereinafter be referred to as Article 8. As you stated in your January 21, 1999 request, while the proposed amendment was narrowly defeated in the November 3, 1998 election, a formal complaint has since been filed with the Hawaii State Supreme Court to declare the votes cast for the proposed amendment invalid and to have a new vote. We thus address the proposed amendment as if it were still proposed in order to answer the questions raised by your department. The issue raised by Opinion No. 98-5 is whether the proposed amendment would impermissibly prohibit the transportation into, and storage of in, the County of Hawaii of any radioactive materials used in commercial irradiation facilities. A broader issue raised by the proposed amendment is whether Article 8 is itself constitutionally infirm, in that it similarly prohibits the transportation into and storage of certain types of radioactive material, as well as prohibiting the construction of a nuclear energy facility in Hawaii County. We have addressed this second issue at length because as an amendment to Article 8, the proposed amendment is not valid if Article 8 is, itself, invalid. Op. No. 99-01

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