COM 0059.004 1996-1998 - Laserfiche WebLink

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Hawaii County Council Feb. 19, 1997 {2Cl -,~~~~I~~ 25 Aupuni Street , Hilo Hawaii, 96720 ~~111 ~~r~ Dear Council members, The following is my Testimony on Ordinance No. 962 and Rule 10, Geothermal Relocation Program. This ordinance authorizes the Planning Departmnent to establish a Geothermal Relocation Program for owner-occupants. It also authorizes the Planning Director to promulgate rules and regulations for implementation of the relocation program. Condition 51 of the GRP states thet "The administration and expenditures of assets from this Geothermal Asset Fund shall be in accordance with rules, regulations, and procedures developed for that purpoise by the County in accordance with Chapter 91, HRS, and with participation of Puna residents or representatives thereof." Rule 10 has been promulgated outside of Chapter 91 procedures. There were no hearings or a public comment period. No community members participated in the development of Rule 10. They are not the same set of rules heard by the Planning Commission, and passed by roll call vote. Indeed, they are far more restrictive. You are being asked today to subvert a whole process of public participation and give the Planning Department the right to establish these rules outside of Chapter 91 procedures. In HRS 205-5.1 paragraph (c) lines 6-12 the Planning Commission was designated as the "appropriate county authority" for issuing geothermal resource permits within agricultural, urban and rural land districts, unless the County Council designated some other agency or body to do that function. Has the "appropriate county authority" as described in HRS 205 been taken away from the Planning Commission, or is it being progressively changed to the Planning Department little by little through ordinances such as 962? I attended the mediation sessions for GRP-21 have served on every geothermal relocation committee established. I have contributed hundreds of hours of my time over the years. Now I come to hear that there is yet another set of rules that have been filed and recieved on June 28 of 1996. Apparently the Mayor and the Planning Director were not happy with the Rules the Planning Commission adopted, despite their influence with Commissioner Balog, and have opted to use this ordinance to gain control over the fund. Yes, the royalties do belong in the Geothermal Asset Fund. There are already a set of rules adopted by Planning Commission and provision for distribution in place. If an ordinance is required Comm. No. S„/ • ~ ~ - F91e 2(0. Fr~D~O PYL Presented `o~„~i~ rra f R ~oo~