HomeMy WebLinkAboutBIL 165 Draft 02 2024-2026 J,0OF..........
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COUNTY OF HAWAII `' STATE OF HAWAII
Ott OF.NF•�
BILL NO. 165
(Draft 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE X OF THE
CHARTER OF THE COUNTY OF HAWAII (2024 EDITION),RELATING TO PUBLIC
ACCESS, OPEN SPACE,AND NATURAL RESOURCES PRESERVATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 removes the$3 million accrual limit and allows for additional appropriations to the
maintenance fund beyond the dedicated 0.25%of property tax revenue. The Council finds that
providing greater funding flexibility will improve the County's ability to maintain 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 Hawai`i (2024
Edition) is amended to read as follows:
"Section 10-16. Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund.
[(a) The purpose of the public access, open space, and natural resources preservation
acquired by the public access, open space, and natural resources preservation fund. Tho
ey
safety, and maintain a healthy stewardship.
open space, and natural rcsourccs preservation
fund and keep them in good repair for public safety.]
[Ee)]fp), There is established a special fund known as the public access,open space,and natural
resources preservation maintenance fund [(hereinafter "maintenance fund"). Tho
maintenance-ftmel hall be admin' + a 5 vyt� a a r+ * f f ], into
�ia� u�Y
which shall be deposited:
(1) One-quarter 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 to the maintenance fund.
(_1) I .,d ti« cL, fsca1 ar's a tin. b d + t e 1 L 11
� / Y b e j1e � �Y��ouerg�re-co-ercreri-ormir-upproprrute-t7rrc
qua p + f ll 1 erty t, e e (:...clud: nt, st a
on a quarterly basis at a minimum.
(2) Additional revenue deposited in the maintenance fund may consist of grants and
private ntri ution` .tended f_« the pu ose of this +' � .l f +L
sale ef-ge ra blig tio.., bo..d t1 ed nd e,7 f r tL. f th'
s
rectie cil a at is se +' ,a t
of revenue.]
[(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
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(B) Funding received from grants and private contributions, and any other
source of revenue, and its interest earned,which[:
i. Shall] shall be itemized and earmarked for specific projects for the
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lands or easements.
[ii. Shall not be subjected to the maximum accrual of funds limit
provided in subsection(f).]
(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 align with the
purpose of the fund, as may be further described, specified or allowed by ordinance.
(f) The director of finance may award grants from the maintenance fund to 501(c)(3) non-
profit organizations, subject to the approval of the council by resolution.
[(f) Maximum accrual limit in maintenance fund; exemption to funding.
(1) Only moneys derived from real property tax revenue, its interest, and its penalties
shall be included in the computation of the maximum accrual limit for the
shall 1.e helder a �tely Fre those moneys in the,,, nt .,ernee f d+h + b + d
e
subjected to the maximum accrual limit.
(2) The maximum accrual limit shall not exceed$3,000,000.
(3) At the end of any fiscal year in which the maintenance fund holds unencumbered
funds derived from real property tax revenue (including interest and penalties) of
at least $3 nnn nnn mbered . + fth t $3 nnn nnn 1, ll
be permanently transferred to the general fund balance.
(1) Exemption to funding.If the maintenance fund holds $3,000,000 in unencumbered
the council and the executive branch do not need to add more money to the
administration from its mandatory duty to maintain and preserve lands and
easementsae ewe- ublic access, apex—spas, andnatur eurees
pre .,t: f n,1 g o,a ep ..f p .b1: of+.. h f 1
(g) The maintenance fund shall be used solely for public safety maintenance and preservation
of those lands and easements acquired by the public access, open space, and natural
purpose. Expenditures by the administration and/or stewardship grants presumed to be
directly related arc as follows:
(1) Reparation (fixing,mending,repair work, and servicing);
(2) Preservation(damage control, salvaging, safekeeping, and safeguarding);
(3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
(1) Restoration (replacement,reclamation, reconditioning, and remediation);
(5) Wildfire and fire prevention;
(6) Repair of existing buildings to meet the current code requirements, if the building
is deemed reasonable to save;
(7) Replacing signs to meet the current code requirements;
(8) Installation,repair, or replacement fencing and gate or access mechanisms;
3
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(9) Installation or repair of cattle guards;
, ,
equipment;
(12) Building, installation and maintenance of structures to provide protcction from the
elements;
,
preservation;
(11) Mitigation of flooding problems including repair or restoration of existing culverts,
drai age f ture�, th it a Vllltl t •t t
j7 ,
(15) Archeological survey and buffering of Native Hawaiian historical or cultural sites
after appropriate consultation with Native Hawaiian descendants and cultural
practitioners;
06) l t' d' f.fie rotection of Native--Hawaiian species of plants and
animals; or
(17) Mitigation of Americans with Disabilities Act compliance issues that may arise
during the-course of pub l' f +, + 11 l t
r >
(h) Stewardship Grants.Moneys may also be used to provide grants in aid for projects,which
uses are reflected in subsection (g).
(1) An award of a stewardship grant shall be by council resolution. Stewardship grants
a t tit tl t o t• h a m�� 'v'-aiccecc�izry--m�rrrri�Ai�P�S-iix-cn��ai�cPrnrcr6 �.
Vifu.,bility eftL + d h' t
-
complete the„'• ect e ,l t ith + +
r r J V�tclrnuccs
(2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a
501(c)3 nonprofit, and that can complete a project for the good of the community,
shall be considered for a stewardship grant.
(3) Public notice by the department of finance of the availability of the stewardship
media accessible by internet, by Aug
(1) To apply for a stewardship grantr
department of finance and the public access, open space, and natural resources
preservation commission the following:
(A) An application form obtained from the department of finance, which is
cific purpose or project;
(B) A copy of its letter of determination from the Internal Revenue Service
confirming its 501(c)3 statuser- he 5 (e)3 status—ef—the--umbrella
organization;
(C) A copy of its bylaws and mission statement;
time frames for project goals, costs, and activities to accomplish the stated
pure se, and a th f ti t b t1, d r+ + f f- -
� oq„eser '
and
(E) A signed agreement to file a written report to the department of finance one
year or less after receipt of funds er thirty days following project
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on the project, actual costs, expense receipts, and any other information
requested by the department of finance. The completed report shall be
• o the 1 •6-s c e? open space,, and na ral reso ces
preservation commission and the council.
(5) Unexpended funds shall be returned to the maintenance fund within thirty
days of submitting a final report.
(6) No officer, board member, or employee of the 501(c)3 nonprofit
erganizatieri-er-the-organizatien-that-eperateunder-the-umbrella-ef-a
501(c)3 �v'r�o f+ t h 1t ^lam' ..+
� � o
salary from this fund for performing their general duties or functions as an
officer, board member or employee; however, compensation for specific
duties c l bo e.1, ^tip a erkshe nd ff nt. rk- -be
pale-mot o ftcer, board memnb eroremployee if throseddrutties have been
specifically identified and officially approved in the detailed business plan
submitted ^ pa..+ of the-stewardship g „t preposal,Tne404-(-e-)3 enpre€t
shall ..1bN ^bM nt ^JV s+ t• th d•t' d b .t i+ •tL tL
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application.
(7) Mismanagement of moneys awarded for a stewardship grant shall
permanently-bar-the-5-0440-3-nonprefit-erganization-and-the-erganization
that operates . „ erd thbrelt 5 (^)3 f+ t• o
e m 01i t z
receiving future grants from the maintenance fund.
(8) The director of the department of finance shall provide a short written
evaluation of the proposed project to the council and include a
recommendation about the applicant's ability to complete the project
according to the ect pla ]"
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 Hawai`i, 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.
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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.
INTRODUCED BY:
ASHLEY KIERKIEWICZ
Council Member
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm, - •915.5
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6 LRB 26-008 D4