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COUNTY OF HAWAPI <br />oJ�tY OF H4�, <br />STATE OF HAWAI`I <br />BILL NO. 27 <br />ORDINANCE NO. <br />AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 45, SECTION 2-235, OF THE <br />HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE <br />GENERAL EXCISE AND USE TAX SURCHARGE. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: <br />SECTION 1. Purpose. Pursuant to Act 30, Session Laws of Hawaii 2024, as codified in <br />section 46-16.8, Hawaii Revised Statutes, the County of Hawaii is authorized to utilize the <br />general excise and use tax surcharge for County -appropriated housing infrastructure costs. The <br />purpose of this ordinance is to codify the changes that took effect on July 1, 2024, with the <br />passage of Act 30. <br />SECTION 2. Chapter 2, article 45, section 2-235, of the Hawaii County Code 1983 <br />(2016 Edition, as amended), is amended to read as follows: <br />"Section 2-235. Use of funds. <br />(a) Pursuant to sections 46-16.8 and 248-2.6, Hawai`i Revised Statutes, moneys <br />received from the State derived from the imposition of the surcharge established <br />under this article will be a general fund realization. Moneys received from the <br />surcharge shall be expended for: <br />(1) Operating or capital costs of public transportation within the County for <br />public systems, including public roadways or highways, public buses, trains, <br />ferries, pedestrian paths or sidewalks, or bicycle paths; <br />(2) Expenses in complying with the Americans with Disabilities Act of 1990 with <br />respect to paragraph (1); [or] <br />(3) County -appropriated housing infrastructure costs, provided that if the County <br />utilizes surcharge revenues for such housing infrastructure costs, it shall not <br />impose or transfer those costs to the developer of a housing project; or <br />[(-3)](4) As otherwise authorized by State statute. <br />(b) "Capital costs" in this section means nonrecurring costs required to construct a <br />transit facility or system, including debt service, costs of land acquisition and <br />development, acquiring rights -of -way, planning, design and construction, and <br />including equipping and furnishing the facility or system. <br />(c) "Housing infrastructure costs" in this section means costs that include pedestrian <br />paths or sidewalks on a County road near or around a public school; water, <br />drainage, sewer, water reuse, waste disposal, and waste treatment systems that <br />