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COUNTY OF HAFAI`I STATE OF HAWAI`I
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BILL NO. 27
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 45, SECTION 2-235, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO THE
GENERAL EXCISE AND USE TAX SURCHARGE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Purpose. Pursuant to Act 30, Session Laws of Hawaii 2024, as codified in
section 46-16.8, Hawaii Revised Statutes,the County of Hawaii is authorized to utilize the
general excise and use tax surcharge for County-appropriated housing infrastructure costs. The
purpose of this ordinance is to codify the changes that took effect on July 1, 2024, with the
passage of Act 30.
SECTION 2. Chapter 2, article 45, section 2-235, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended to read as follows:
"Section 2-235. Use of funds.
(a) Pursuant to sections 46-16.8 and 248-2.6, Hawai`i Revised Statutes, moneys
received from the State derived from the imposition of the surcharge established
under this article will be a general fund realization. Moneys received from the
surcharge shall be expended for:
(1) Operating or capital costs of public transportation within the County for
public systems, including public roadways or highways, public buses,trains,
ferries,pedestrian paths or sidewalks,or bicycle paths;
(2) Expenses in complying with the Americans with Disabilities Act of 1990 with
respect to paragraph(1); [or]
(3) Counter-appropriated housing infrastructure costs; provided that if the County
utilizes surcharge revenues for such housing infrastructure costs, it shall not
impose or transfer those costs to the developer of a housing project; or
[(3)]f4,) As otherwise authorized by State statute.
(b) "Capital costs" in this section means nonrecurring costs required to construct a
transit facility or system, including debt service, costs of land acquisition and
development, acquiring rights-of-way, planning, design and construction, and
including equipping and furnishing the facility or system.
(c) "Housing; infrastructure costs" in this section includes costs for pedestrian paths or
sidewalks on a County road near or around a public school; water, drainage, sewer,
water reuse, waste disposal, and waste treatment systems that connect to County
infrastructure; roadways, curbs, and gutters, and any related financing costs debt
service, and financing agreement costs.
[(0]Cdj Any balance remaining in the general excise tax fund at the end of any fiscal
year shall not lapse,but shall remain in the fund accumulating from year to year.
The moneys in this fund shall not be used for any purpose except those listed in this
section, or as allowed by any amendments to sections 46-16.8 and 248-2.6, Hawai`i
Revised Statutes."
SECTION 3. Material to be repealed is bracketed and stricken.New material is
underscored. In printing this ordinance,the brackets,bracketed and stricken material, and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end,the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, OUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm 119 2
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