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HomeMy WebLinkAboutREP GOEAC 155 2026-08-04 2024-2026REPORT OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS DATE: August 4, 2026 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 12:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 939/Bill No. 169 Your Committee on Governmental Operations and External Affairs, to which was referred Bill No. 169, reports as follows: Bill No. 169, transmitted by Council Members James E. Hustace and Michelle M. Galimba, via Communication No. 939, dated May 29, 2026, amends Chapter 2, Article 42, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to Public Access, Open Space, and Natural Resources Preservation. Bill 169 requires that all qualifying lands ranked with a score of 70 percent or higher be included on the Public Access, Open Space, and Natural Resource Preservation Commission's (PONC) recommendation list to the mayor; requires the finance director to make reasonable efforts to acquire authorized properties within ten years for properties ranked 90 percent or higher and five years for properties ranked less than 90 percent; requires the finance director to reassess any such properties not acquired within the designated timeframes. Governmental Operations and External Affairs Meeting of July 7, 2026 Member Hustace began by explaining how this bill came out of the PONC Ad Hoc Committee meetings. He said that as opportunities evolve, the priorities should evolve as well and he stated that this bill is to help establish timelines based on the priority score. He said it strengthens the administrative side of the existing program with periodic review and greater accountability and transparency. Member Galimba stated that this bill is not retroactive regarding prior PONC recommendations and would instead be applied moving forward. She added that it could be used as a tool to bring up prior recommendations, but that would need to be determined. Committee Member Holeka Goro Inaba asked for clarification regarding the timing and scoring prioritization. Member Hustace said that for the projects ranked at 90 percent or higher there may sometimes be underlying reasons that prohibit the quick acquisition of those properties and they wanted to give them a longer runway to work out those issues rather than triggering reassessment. Member Galimba explained that her view of the two tiers are that those that are ranked at 90 percent or higher may have more going for them from a feasibility standpoint. Member Inaba asked the Finance Department's Deputy Director Malia Kekai, who was present in the Council Chambers, to come forward and share her thoughts on the legislation. Ms. Kekai said that they would like more definitions and direction to be included in this bill. She added that there were very few GOEAC Report No. 155 GOEAC-155 Page 2 August 4, 2026 properties that scored in the 90 percentile and questioned if two tiers were necessary. She also said that there should be consideration around whether properties have a resolution attached to them or not. Member Inaba suggested that the prioritization and timeline structure needed to be re-evaluated. He also suggested a report to show what reasonable efforts were undertaken to acquire the property. Committee Member Heather L. Kimball stated that she had similar questions and concerns around the timeline and prioritization. She also indicated that she thought there should be a process to review and reassess properties that haven't been acquired. Committee Member Rebecca Villegas explained some other pieces that are missing within the process at a higher level, but she isn't sure if this legislation could address those concerns. Committee Chair Jenn Kagiwada said that she agrees that bringing up -to -speed the existing list with a review process is important. She also encouraged them to reevaluate the timeline and consider five years across the board instead of the tiers. Member Hustace stated that any additional review process puts more workload on to the volunteer commissioners. Bill 169 was postponed to August 4, 2026. Governmental Operations and External Affairs Meeting of August 4, 2026 Member Hustace began by introducing an amendment via Communication No. 939.2, which scaled back on the tiers to help simplify the process. Bill 169 was amended with eight "ayes," and Committee Member Matt Kaneali`i-Kleinfelder absent. Member Hustace proposed an amendment via Communication No. 939.3. Member Galimba spoke in favor of the amendment. Committee Member Heather L. Kimball asked some clarifying questions regarding the language in the amendment. Member Hustace said he would review it further to make sure it matches their intention. Bill 169 was further amended with nine "ayes." Committee Member Ashley L. Kierkiewicz asked if current or prior members of the PONC Commission were engaged with this code amendment and asked their opinions on the additional responsibilities being included within as well as if this satisfies some of the changes they have been requesting. Member Hustace responded by saying that he recognizes the additional layer of work being added onto the commission, but also it is a periodic review and doesn't specify when they need to do that, so that can occur when they have time. He said that this provides a mechanism for reviewing and rescoring these properties and that this was shared with those who initiated this program. Member Kierkiewicz asked additional questions to understand the reassessment and scoring process and then clarified that new scoring could result in properties that were originally on the property may no longer qualify upon review. Member Hustace explained that yes, this could be possible due to a variety of factors. GOEAC Report No. 155 GOEAC-155 Page 3 August 4, 2026 Member Kierkiewicz asked Ms. Kekai, who was present on Zoom, if this bill provides the clarity that the Finance Department and the commission needs to deal with the growing list of properties. Ms. Kekai said that she believes it does give them enough flexibility to come to the commission and review some of the items and evaluate where they are currently prioritized and remove duplicates. She believes this will make it a more efficient process and help clean up the list. Member Kierkiewicz encouraged the Administration to be honest and transparent with their capacity to process these applications and acquire new properties. Your Committee on Governmental Operations and External Affairs is in accord with the purpose and intent of Bill No. 169, as amended to Draft 2, and recommends its passage on first reading. slm AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS JEN*'KAGK,TAhh, CHAIR GOEAC REPORT NO.: 155 ADOPTED: SEP 0 2 ms