NOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the County of Kaua’i will hold a public hearing on Wednesday, August 5, 2020, at 1:30 p.m., or soon thereafter, at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu’e, on the following: Bill No. 2775, Draft 2 A BILL FOR AN ORDINANCE AMENDING CHAPTER 22, KAUA’I COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RESTRICTING THE USE AND SALE OF POLYSTYRENE FOAM FOOD SERVICE CONTAINERS This Bill proposes to amend Chapter 22, Kaua’i County Code 1987, as amended, by establishing a new Article restricting the use and sale of polystyrene foam food service containers effective January 1, 2022. Bill No. 2775, Draft 2, requires all food vendors to use compostable food service containers as of January 1, 2022. Compostable food service containers must meet ASTM Standard D6400 or be certified by the Biodegradable Products Institute (BPI). Exemptions are established for a) foods packaged outside the limits of the County of Kaua’i; b) raw or butchered meats, poultry, fish, and eggs, except if provided for consumption without further food preparation (e.g., sashimi and poke); c) unique situations with no alternative to polystyrene foam food service containers as approved by the Director; and d) official emergency situations. An escalating fine schedule for each separate violation, and a separate fine schedule for commercial or non-commercial special events are defined. Bill No. 2775, Draft 2, also requires the Director to provide an update to the Council by June 30, 2021 on the Administration’s progress towards implementation of this Article, including the availability of compostable food service containers. Written testimony prior to the hearing would be appreciated. Written testimony can be submitted to the Office of the County Clerk, Council Services Division by mail, facsimile, or via E-mail to counciltestimony@kauai.gov. Copies of the Bills are available at the Office of the County Clerk, Council Services Division. (The Council Committee or Council may amend this Bill at their subsequent meetings. Meeting notices are posted at least six (6) days in advance at the County Clerk’s Office.) CERTIFICATE OF THE COUNTY CLERK I hereby certify that the foregoing Bill No. 2775, Draft 2 was scheduled for public hearing and ordered to print by the Council of the County of Kaua’i at its meeting held on July 8, 2020, by the following vote: AYES: Chock, Cowden, Evslin, Kagawa, Kuali’i, Kaneshiro TOTAL 6, NOES: None TOTAL 0, EXCUSED & NOT VOTING: Brun TOTAL 1*, RECUSED & NOT VOTING: None TOTAL 0. Lihu’e, Hawai’i /s/ Jade K. Fountain-Tanigawa July 9, 2020 County Clerk, County of Kaua’i *Beginning with the March 11, 2020 Council Meeting and until further notice, Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al., Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted as excused (i.e., not present). NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF THE COUNTY CLERK, COUNCIL SERVICES DIVISION AT (808) 241-4188 OR COKCOUNCIL@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. (TGI1287379 7/17/20)