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Home My WebLink AboutBIL 165 Draft 01 2024-2026MAY Os M �Ia COUNTY OF HAWAI`I STATE OF HAWAI`I TOi N► BILL NO. 165 ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE X OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Findings and purpose. The Council finds that, since its establishment in 2012, the public access, open space, and natural resources preservation maintenance fund has played a vital role in the County's public land preservation program, commonly called the "PONC program". Specifically, the fund has supported and bolstered the ability of stewardship organizations and community volunteers to protect and maintain lands that have been acquired for the public's benefit through the PONC program. The purpose of this ordinance is to improve the long-term sustainability and effectiveness of the maintenance fund and the PONC program as a whole. In order to ensure sufficient resources are available for current and future stewardship responsibilities and opportunities, this ordinance proposes to increase the annual allocation dedicated to the maintenance fund from 0.25% to 0.5% of property tax revenue and to remove the $3 million accrual limit. The Council finds that expanding the fund's revenue source and making it more secure will improve the County's ability to improve and strengthen the PONC program. This ordinance also proposes to remove the itemized list of eligible expenses and non- profit grant award procedures from the Charter, in order to relocate them into the County Code. The Council finds that having a high degree of specificity in the Charter results in a more rigid and narrow administration of funding and program guidelines, which can hamper program effectiveness. In June of 2025, the Council formed an ad hoc committee to investigate the PONC program. One of the common themes identified in the ad hoc committee's final report was the need for the stewardship grant program, which is funded by the maintenance fund, to be updated and clarified. The Council finds that outlining allowable uses of the maintenance fund and other important details of the program in the County Code provides more flexibility to fulfill the original purpose of the fund, making it easier to amend and adapt program requirements and procedures as community needs, environmental conditions, and best practices change over time. Accordingly, the Council sees fit to propose the Charter amendment contained in this ordinance to the voters on the 2026 general election ballot. SECTION 2. Article X, section 10-16, of the Charter of the County of Hawaii (2024 Edition) is amended to read as follows: "Section 10-16. Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. [ , maintenanee F,.,a . 4II e e that adita tthe land, promote pub,;�- e sereo � e e e e (b) For- the purpose of this seetion, "maintenanee" means to pr-esen,e afid e6f%en'0 4REIS Mid Rind and keep them i good for publie safet. ] [(f)] (a) There is established a special fund known as the public access, open space, and natural resources preservation maintenance fund [gel=eiaa ter-- te;anee fund"). maintenanee fund shall be administer-ed and managed by the depaftment of ], into which shall be deposited: (1) One-half of one percent of all real property tax revenue, including; interest and penalties; (2) All proceeds from the sale of general obligation bonds authorized and issued for the purposes of this section; and (3) Other appropriations made by the council to the fund. (b) The purpose of the fund is to support and promote the stewardship, preservation, restoration, public safety, and maintenance of lands, interests in lands, and easements acquired through the public access, open space, and natural resources preservation fund. (c) The director of finance shall manage the administration and use of the maintenance fund in accordance with the provisions of this section and as may be further provided by ordinance. [(d) Deposits due t the m nte, anee fund in fiseal budget, the (1) adepting eaeh yeaf's operating eetineil shall appropriate one - to the fund. Deposits to the fund penalties) maintenanee Additional deposited in the maintenanee fund shall eeeur- (2) r-evenue .,te , „t.-ibutions intended for the maintenanee this may eeliSiSt of gralitS aHA- eddos F A-m the, bonds purpose of issued seetio , fer- the sale of gener-al obligation authorized eetion f .. the and this pur-pese ef this ., the.. eouneilappr-op6a4ions of feveffti�--] par -pose of section and [(e)] (d) Accounting for the maintenance fund; interest bearing accounts; reporting by the department of finance. (1) All moneys in the maintenance fund shall be deposited in interest bearing accounts until needed. Any interest shall accrue to the maintenance fund. (2) Moneys in the maintenance fund shall be identified separately for: (A) Funding received from the real property tax revenue,, including interest and penalties; and (B) Funding received from grants and private contributions, and any other source of revenue, and its interest earned, which[. Shall]i. shall be itemized and earmarked for specific projects for the lands or easements. Shall not l-e subl- eeted to the maximufn aeefu-al o funds limit provided in J (3) Financial statements shall be posted each month on the public access, open space, and natural resources preservation fund web site. e) All expenses grant awards and other uses of the maintenance fund must alien with the \I- _i -------- Building ifist-all-ation a5 -•--- -- - -- -_ . for- the - -..-------_� (11) and sheds; of storage of maintefian 1 n �s. >mainteflanee, and dfainage > > after- la.19pr-epfiate (16) Bialegieal eensultation for- with Native Hawaiian the Native deseendants Haw and eultur-al studies afiimaIn yr (1 '7) Mitigation f A proteetion of Disabilities Art , ..1: ,., n of plants n that a ,1,,. ing the fne«ieafin with ,4ion may arise eeuvlse Stewar-dship Grants. Moneys of'p..1.1:,. safety m nton. nee be to and p in fer- es _afe .of9eeto,1in . (1) An b-st-a.tion may also used pr-evide (,.) be by gratits aid pr-ejeets, Stewardship whieh award of a may be ., n.-.1o,1 !_,-n.itn Sh-Mt be vauiici J�auz eemploto the project- stewardship only .. r-ded AM gr-afit shall eouneil until moneys the M en the l.nn:n f -abilit.. time, -ana .,;thinyVest o4im4pq r-esoiution. nt-en-anee fund ,.f the stewardship are eK4ifiguisherl .mention gr-ants to V)♦��f IND _ IND, WOMMMMMOPPMi MO - 11. SECTION 3. Charter material to be repealed is bracketed and stricken. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawaii, the revisor need not include the brackets, bracketed and stricken material, and underscoring. SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of the County for approval in the 2026 general election. SECTION 6. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2026 general election, as duly certified. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: REFERENCE Comm. 915 INTRO UCED BY- COLNCIL MEMBER, COUNTY OF HAWAI`I P IIW�IWII