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MAY Os M <br />�Ia <br />COUNTY OF HAWAI`I STATE OF HAWAI`I <br />TOi N► <br />BILL NO. 165 <br />ORDINANCE NO. <br />AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE X OF THE <br />CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC <br />ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: <br />SECTION 1. Findings and purpose. The Council finds that, since its establishment in <br />2012, the public access, open space, and natural resources preservation maintenance fund has <br />played a vital role in the County's public land preservation program, commonly called the <br />"PONC program". Specifically, the fund has supported and bolstered the ability of stewardship <br />organizations and community volunteers to protect and maintain lands that have been acquired <br />for the public's benefit through the PONC program. <br />The purpose of this ordinance is to improve the long-term sustainability and effectiveness <br />of the maintenance fund and the PONC program as a whole. In order to ensure sufficient <br />resources are available for current and future stewardship responsibilities and opportunities, this <br />ordinance proposes to increase the annual allocation dedicated to the maintenance fund from <br />0.25% to 0.5% of property tax revenue and to remove the $3 million accrual limit. The Council <br />finds that expanding the fund's revenue source and making it more secure will improve the <br />County's ability to improve and strengthen the PONC program. <br />This ordinance also proposes to remove the itemized list of eligible expenses and non- <br />profit grant award procedures from the Charter, in order to relocate them into the County Code. <br />The Council finds that having a high degree of specificity in the Charter results in a more rigid <br />and narrow administration of funding and program guidelines, which can hamper program <br />effectiveness. In June of 2025, the Council formed an ad hoc committee to investigate the PONC <br />program. One of the common themes identified in the ad hoc committee's final report was the <br />need for the stewardship grant program, which is funded by the maintenance fund, to be updated <br />and clarified. The Council finds that outlining allowable uses of the maintenance fund and other <br />important details of the program in the County Code provides more flexibility to fulfill the <br />original purpose of the fund, making it easier to amend and adapt program requirements and <br />procedures as community needs, environmental conditions, and best practices change over time. <br />Accordingly, the Council sees fit to propose the Charter amendment contained in this <br />ordinance to the voters on the 2026 general election ballot. <br />