HomeMy WebLinkAboutBIL 165 Draft 03 2024-2026 Hawaii County Council-45 July 23,2026
Bill 165: INITIATES AN AMENDMENT TO ARTICLE X OF THE CHARTER OF THE
(Draft 2) COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC ACCESS,
OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
Removes the $3 million accrual limit for the Public Access, Open Space, and
Natural Resources Preservation maintenance fund;provides that all expenses from
the fund must align with the fund's purpose; and authorizes the awarding of grants
from the fund.
Reference: Comm. 915.5
Intr. by: Council Member Kierkiewicz
First Reading: June 17, 2026
Second Reading: July 8, 2026
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawaii County Charter
AMENDED TO DRAFT 3 (see Communication Nos. 915.7 and 915.8) AND
FAILED:
Ayes: Council Members Hustace, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—5.
Noes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, and Kimball—4.
Absent: None.
Excused: None.
(Note: Ms. Kagiwada voted"kanalua" then "no." Ms. Villegas
voted"kanalua"then "aye.")
REFERRALS FOR EXECUTIVE SESSION
Comm. 957: LEGAL PROCEEDINGS CONCERNING ALAN FUKAMIZU
From Deputy Corporation Counsel Demetri G. Lametti dated June 17, 2026,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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COUNTY OF HAWAI`I STATE OF HAWAI`I
BILL NO. 165
Draft 3)
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 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 fords 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.
[ >
safety,and maintain a healthy stewardship.
(b) For the purpose of this section, "maintenance" means to preserve and conserve lands and
fund and keep them in good repair for public safety.]
Re-)] There is established a special fund known as the public access,open space,and natural
resources preservation maintenance fund [(hereinafter "maintenance fund"). The
maintenance fund shall be administered and managed by the department of finance.], into
which shall be deposited, at least annually:
(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) In adopting each fiscal year's operating budget, the council shall appropriate one
quarter of one per cent of all real property tax revenue (including interest and
penalties) to the maintenance fund. Deposits to the maintenance fund shall occur
on a quarterly basis at a minimum.
(2) Additional revenue deposited in the maintenance fund may consist of grants and
private contributions intended for the purpose of this section, proceeds from the
-sale--ef-general-ebligatien-bends-autherized-and-issued-fer-the-puTese-ef-this•
section, council appropriations for the purpose of this section,and any other source
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
lands or easements.
L zrcnr iz Asa vE��El�6 err +
provided in subsection(f).]
(3) Financial statements, including an itemized accounting of receipts and
disbursements, 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.
(g) The director of finance shall provide public notice at least annually of the opportunity to
apply for maintenance funds.
[(f) Maximum accrual limit in maintenance fund; exemption to funding.
(1) Only moneys derived from real propertytax-revenue, its interest,an.l its p alte
�iau+ iu�
s
l�lbe--included---441--the eemputation—oft _ ccrRal-limit fer th
L ll b h 1dr 1y tho e,.s „ m the e e F,,nd that o ..teA
1 .a. tax« s (includi g int t d 1t' \ .l 1, 11 t b
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
F a a lr er � r.�erty ta., . e (i„cludi„a rg_inteest and pe ..lties) o f
at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall
be permanently transferred to the general fund balance.
(4) � t t d ,. I f tl,e,,, nte. ante fun h lds $3 nnn nnn : .. bored
! !
funds derived from real property tax revenue(including interest and penalties),then
the council and the executive branch do not need to add more money to the
maintenance fund until the Me get eycle. This exemption shall not release the
administration from its mandatory duty to maintain and preserve lands and
casements acquired by the public access, open space, and natural resources
preservation fund in good repair for public safety each fiscal year.
( 1 Tl, t e f and shall be eA solely f u bl: aF t.. aintena«ce nd p „t:,
�„AR+It++{A++t� a �./�
� r �
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resources preservation fund, and shall be used only for expenditures directly related to its
purpose. Expenditures by the administration and/or stewardship grants presumed to be
directly related are 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;
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(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;
(9) Installation or repair of cattle guards;
(1 m Building,renting, leasing, installing, and maintenance of toilet facilities;
(11) B ildi ,l tall..t:o a f" .,ll sheds _s+ t, s 1 fV1 t 4h + G f +
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equipment;
(12) Building, installation and maintenanceef-str-uetur-es--t-e-pfevide-pr-eteetien-fr-em-the
elements;
(13) Creation of trails or paths to access land for public safety, maintenance, and
preservation;
(11) Mitigation of flooding problems including repair or restoration of existing culverts,
;
(15) Archeological survey and buffering of Native Hawaiian historical or cultural sites
after--apprepriate--sensultatien--vs4th--Native—Hawaiian—deseendants—anil—sultural
practitioners;
(16) Biological studies for the protection of Native Hawaiian species of plants and
animals; or
(1 7) Mit' t' f A e it Disabilit_i Act li nee iss that
�4J 11(A11V� 1JJ�� "J
0 +
during the course of public safety maintenance and preservation.
(h) Stewardship Grants.Moneys may also be used to provide grants in aid for projects,which
uses are reflected in subsection(g).
(1) A ,1 f to rrlsh: nt sh ll be b _- i1 of tie« Ste., rdship . nts
a r grant +r
avll v4 `v" w c�
may be—awarde•d only-- ntil--moneys in +he m «tenonca fun.7 extinguished
Grants shall be awarded on the basis of ability of the stewardship organization to
complete the project on time and within cost estimates.
(2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a
501 - )3 eft nd that, plete_ eet f the od o f-the eeraff unit"
shall be considered for a stewardship grant.
(3) Public notice by the department of finance of the availability of the stewardship
+ t1 ll b placed i two...ewspapers ofgener l s „letio ell_as elect.onic
media accessible by internet, by August 1 of each fiscal year provided money is
male Tl, advertisements shall be paid f>•-from the maintenance fund.
(1) To apply for a stewardship grant, a stewardship organization shall provide to the
, ent of fnance nd the—Publis--ae ess, open-space, and na+,,ral
preservation commission the following:
(A) An application form obtained from the department of finance, which is
completed for each specific purpose or project;
(B) A copy of its letter of determination from the Internal Revenue Service
confirming its 501(c)3 status or the 501(c)3 status of the umbrella
organization;
(C) A copy of its bylaws and mission statement;
(D) A detailed business plan that includes the description of the specific project,
time frames for project goals, costs, and activities to accomplish the stated
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and
t t fl itte« rt-to the department of fna
(E) A signed agrccmvrreso�cc-vrrrcccn-iepor��o ����� _••_�.-ee e--e
year or less after receipt of funds or thirty days following project
completion, which shall include deta►is t hat has been accomplished
on the project, actual costs, expense receipts, and any other information
requested by-the--depart-ment9f-finane . The plete.l ort shall be
provided to the public access, open space, and natural resources
(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
ergarAza+ therD^ atio that ^1 e ate nde tl,eumvilla od
ibre
501(c)3 nonprofit organization shall receive a salary or any portion of a
salafy--fr-em4hi-s-funil-fer-perferming-their-general-eluties-er-funetiens-a6-an-
effieer-r4aeafel-Ffieffther-er-eRM34eYeet-hewe-v-er--reemtaensat-ien--fer-sPeeifle
dt' l 1 b d t' al . rkshePs andl „ „te„a„ce_work.Y ..be
paid to an officer, board member or employee if those duties have been
submitted as part of the stewardship grant proposal. The 501(c)3 nonprofit
shalt b ebr a nt stating these c_n dit:ons .,n.d s„bmit it witL, tl,e
application.
(7) Mismanagement of moneys awarded for a stewardship grant shall
permanent-Pt-har-the-5,9-1-(-03-iienprefit-ertanizatien-and-the-ertanizatien.
receiving future grants from the maintenance fund.
(8) The director-eftl Partme rc of-fiianoe shall p ide ., short written
ev luation of the--prepesed—pr-ej-eett =e—counc d—include—a
re�endatio t-he-- i a complet
according to the project plan.]"
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.
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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.
INTRODUCED BY:
ASHL Y ERKIEW Z
Council Member
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm. 915.10
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6 LRB 26-028 D4