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Section 2-248. Applicability; restrictions of funding source; County reservation of funds.
<br /> (a) This article shall apply exclusively to the appropriation of disaster relief funds for the
<br /> purpose of providing disaster relief and long-term resilience to eligible nonprofit
<br /> organizations. This article shall not apply to any other County funds not appropriated for
<br /> disaster relief purposes.
<br /> (b) If the funding source of the disaster relief funds imposes restrictions on the use of the
<br /> disaster relief funds that are contrary to, or conflict with, the uses allowed under this article,
<br /> the restrictions imposed by the funding source shall govern, and the director shall not
<br /> appropriate any of those funds under this article.
<br /> (c) Notwithstanding the ability to award grants under this article, the County reserves the right
<br /> to use disaster relief funds for grant matching purposes.
<br /> Section 2-249. Administration.
<br /> The director shall administer all matters covered under this article.
<br /> Section 2-250. Eligible nonprofit organizations.
<br /> (a) The granting of disaster relief funds under this article shall be made only to nonprofit
<br /> organizations that demonstrate the following:
<br /> (1) Clear evidence that the nonprofit organization meets the eligibility requirements set
<br /> forth in section 2-137 of this chapter; [and]
<br /> (2) Evidence that the nonprofit was directly impacted by the 2018 lower east rift zone
<br /> eruption of Kilauea or service to Lower Puna communities, which is defined as
<br /> extending from and inclusive of the Hawaiian Paradise Park subdivision to Kalapana,
<br /> and including Orchidland Estates, 'Ainaloa, Hawaiian Beaches, Hawaiian Shores,
<br /> Kapoho, Pahoa,Ndnawale, Leilani Estates, and other communities proximate to the
<br /> lower east rift zone; and
<br /> [(2)] (3) Eligibility to receive disaster relief through substantiated documents, studies,
<br /> photographs, or other similar evidence that is deemed satisfactory by the director.
<br /> (b) The nonprofit organization applying for a grant of disaster relief funds shall bear the burden
<br /> of substantiating the claim for disaster relief[.-] or long-term resilience.
<br /> Section 2-251. Conditions for grants.
<br /> (a) Before receiving any grant, nonprofit organizations to whom a grant has been awarded shall
<br /> agree to comply with the conditions set forth in section 2-138 of this chapter.
<br /> (b) The grant award shall be used for expenses that are reasonably and directly related to [the
<br /> relief r ry, mitigation, edict on o ] the claim for disaster relief[..-] and efforts to
<br /> increase long-term resilience including, but not limited to, economic development.
<br /> (c) The grant award shall not be used to design or construct buildings, structures, fixtures, real
<br /> property, or any parts thereof, that did not lawfully exist, or that were not properly
<br /> permitted, prior to the 2018 Kilauea eruption.
<br /> (d) The grant award may be used for capital improvement purposes[;] including,.but not limited
<br /> to, design and construction of buildings, structures, fixtures, real property, or any parts
<br /> thereof, so long as the purpose of the capital improvement is to restore, repair, rebuild,
<br /> replace, or rehabilitate a building, structure, fixture, real property, road, highway, or any
<br /> parts thereof, that were destroyed, shown to be at risk, or otherwise damaged by the 2018
<br /> Kilauea eruption. Any such capital improvement may occur on public or private property.
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