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Home My WebLink AboutCOM 0421.000 2010-2012DOMINIC YAGONG Chair & Presiding Officer K. ANGEL PILAGO Vice Chair October 10, 2011 To: From: Re: HAWAI`I COUNTY COUNCIL County ofHawai'i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 Members of the Hawai`i County Co .1 ominic Yagong, Council Chair tditMovw■-s FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMM'O 0 IS‘) 0 Formation of the Ad Hoc Committee Relating to Resolut No. 3 -10, Draft 2 Fuel Tax Allocation to Be Utilized For A Grant -In -Aid Program For Non - Profit Organizations For The Purpose of Road Maintenance for Private Streets & Roadways. At the Council meeting held on August 18, 2010, the Council adopted Resolution No. 321 -10, Draft 2. The resolution authorizes the Hawai`i County Council the option to designate a portion of the District's fuel tax allocation to be utilized for a grant -in -aid program for non - profit organizations for the purpose of road maintenance for private streets and roadways. Resolution No. 321 -10 also authorizes the formation of an ad hoc committee to set forth the process, general criteria, and qualifications of the grant -in -aid program. State Representative Faye P. Hanohano introduced House Bill 1626, which permits the County of Hawai`i to appropriate the county's share of fuel tax revenue for the maintenance of substandard private subdivision roads that are used by the public. This bill provides that neither the State nor the County shall be required to install infrastructure improvements if the roads are thereafter sold to a private entity. (Attached please find a copy of the measure in its current form.) By way of this communication, I am requesting that this communication be placed on the October 19, 2011 Council agenda for the formation of the ad hoc committee relating to Resolution No. 321 -10, Draft 2 as adopted. DY /la Att. Serving the Interests of the People of Our Island Comm. No. 42.1 Ref, To: CO 14.44 C4 / Ref. Date OCT 11 MT HB1626 SD2.DOC http:// www .capitol.hawaii.gov /session2011 /bills /HB1626_SD2_.htm HOUSE OF REPRESENTATIVES TWENTY-SIXTH LEGISLATURE, 2011 STATE OF HAWAII H.B. NO 1626 H.D. 1 S.D. 2 A BILL FOR AN ACT RELATING TO FUEL TAXES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 243 -6, Hawaii Revised Statutes, is amended to read as follows: " §243 -6 Fuel taxes, dispositions. The "city and county of Honolulu fuel tax" shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the city and county of Honolulu for deposit into the fund known as the "highway fund" created by section 249 -18. The "county of Kauai fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Kauai for deposit into the fund known as the "highway fund" created by section 249 -18. The "county of Hawaii fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Hawaii for deposit into the fund known as the "highway fund" created by section 249 -18. The "county of Maui fuel tax" collected on account of liquid fuel sold or used on the island of Lanai or sold elsewhere for ultimate use on the island of Lanai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to 1 of4 10/11/2011 3:36 PM HB 1626 SD2.DOC http:// www .capitol.hawaii.gov /session2011 /bills /1IB1626_SD2_.htm the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249 -18, for expenditure on the island of Lanai. The "county of Maui fuel tax" collected on account of liquid fuel sold or used on the island of Molokai or sold elsewhere for ultimate use on the island of Molokai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249 -18, for expenditure on the island of Molokai. The remainder of the "county of Maui fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249 -18. Each of the foregoing taxes shall be expended for the following purposes, for the island for which the indicated, or, if none, for the county indicated: tax revenue is specially for which the tax revenue is (1) For payment of interest on and redemption of any bonds duly issued or sold on or after July 1, 1951, under chapter 47 for the financing or aiding in fmancing the construction of county highway tunnels, approach roads thereto, and highways. Such payments of interest and principal on the bonds when due, shall be first charges on such moneys so deposited in the fund[-]2 (2) For acquisition, designing, construction, reconstruction, improvement, repair, and maintenance of county main and general thoroughfares, highways, and other streets, street lights, storm drains, and bridges, including costs of new land therefor, when expenditures for the foregoing purposes cannot be fmanced under state - federal aid projects[:]Z (3) In the case of the city and county of Honolulu, for payment of the city and county's share in an improvement district initiated by the city and county for an improvement listed in paragraph (2) [above] which is permitted to be constructed in the city and county[-]z (4) For the construction of county highway tunnels, overpasses, underpasses, and bridges, where such improvement cannot be made under state - federal aid projects[-]Z (5) For purposes and functions connected with county traffic control and preservation of safety upon the public highways and streets[-]2 2 of 10/11/2011 3:36 PM HB1626 SD2.DOC http: / /www. capitol. hawaii. gov /session2011 /bills /HB1626_SD2_.htm (6) For purposes and functions in connection with mass transit[-]Z (7) For acquisition, design, construction, improvement, repair, and maintenance of bikeways[7]; and (8) [No] In the case of the county of Hawaii, funds may, in a manner consistent with paragraph (2), be expended for the maintenance of substandard private subdivision roads that are used by the public; provided that upon the sale of any portion of the private subdivision to an entity other than the State or the county of Hawaii, neither the State nor the county shall be required to install infrastructure for the roads in that portion of the private subdivision; provided that no expenditure shall be made, out of the revenues paid into any [such] fund, which will jeopardize federal aid for highway construction." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2030; provided that this Act shall be repealed on June 30, 2016, and section 243 -6, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act. 3 of4 10/11/2011 3:36 PM DOMINIC YAGONG Chairperson K. ANGEL PILAGO Vice Chair October 12, 2011 HAWAI`I COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 Dominic Yagong, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO RE: Communication No. 421 : Formation of the Ad Hoc Committee Relating to Resolution No. 321 -10, Draft 2 Fuel Tax Allocation to Be Utilized For A Grant -In -Aid Program For Non - Profit Organizations For The Purpose of Road Maintenance for Private Streets & Roadways. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above - referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. rely, Brenda J. Ford, Chairperson, Finance Committee App ed /Dite /Waivle try Council: Dominic Yagong, Chairperson Hawai`i County Council BJF /dkr D Disapproved /Date /Refer to FC: Dominic Yagong, Chairperson Hawai`i County Council Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer