HomeMy WebLinkAboutBIL 256 Draft 01 2010-2012 • N. ,,.
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 256
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE
GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE
GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 36, Hawai`i County Code 1983 (2005 Edition, as
amended), is amended to read as follows:
"Article 36. Geothermal Relocation and [ ] Public Safety Program.
Section 2-177. Establishment.
The planning department is hereby authorized to establish a geothermal
relocation and [community benefit:,] public safety program for the relocation of
owner-occupants residing near [the Puna Geothermal Venture's plant] a
geothermal power producing facility and who want to be permanently relocated,
the acquisition of any property with a habitable structure located thereon that is
located within a one-mile radius of a geothermal power producing facility, and [te
not limited to, road improvements, water infrastructure development, land
improvements.] to provide for the mitigation of public health and safety concerns
raised as a result of living in close proximity to geothermal power generation.
Section 2-178. Purchase [fie] of affected properties.
Notwithstanding any other provision of this Code, the planning director is
hereby authorized to purchase the affected properties by negotiation for not more
than one hundred thirty percent of the assessed value, as determined by the real
property tax division of the department of finance [and dispose of the affected
Properties purchased under this section shall be held uninhabited by the County to
create a public health and safety buffer zone between residential properties and
the geothermal power production facility.
Section 2-179. Creation of geothermal relocation and [earn-mu-n-4y
benefits] public safety fund.
Pursuant to section 10-12, Hawai`i County Charter, the special fund
known as the geothermal relocation revolving fund is hereby renamed the
geothermal relocation and [community benefits] public safety fund. This fund
shall be administered by the planning department.
Section 2-180. Funding.
The geothermal relocation and [community benefits] public safety
program shall be funded by proceeds from the following sources:
(1) Geothermal royalties received from the department of land and natural
resources.
(2) Proceeds from the sale of properties purchased under this program.•[ • - . . -- - . - -- . -- - . - . - - _ ., .]•
Section 2-181. Expenditures from fund.
The proceeds from the fund shall be used for the necessary expenses in
administering and carrying out the purposes of the geothermal relocation and
[community benefits] public safety program. [A minimum balance of$1,000,000
shall be maintained in the fund for expenditures relating to geothermal
relocation.] Expenditures relating to the geothermal relocation and [community
benefits] public safety program include, but are not limited to:
(1) The costs of any necessary appraisals required under this program;
(2) The payment of necessary fees and expenses;
(3) The costs for the purchase of an affected dwelling and property in
accordance with this chapter, if necessary;
(4) The costs necessary to dispose of [or rent] affected dwelling [and
property]; and
[(5) Expenditures for public purposes including road improvement,
water infrastructure, land acquisition, parks and recreational
facility needs, civil defense, and mass transit improvements.
(A) Funds shall be expended in Lower Puna, which is defined
as extending from Hawaiian Paradise Park subdivision to
Kalapana and including Orchidland Estates, Ainaloa,
Hawaiian Beaches, Hawaiian Shores, Kapoho, Pahoa,
Nanawale, Leilani Estates, and other communities
proximate to Pahoa.
(B) Expenditures under this subsection shall be made in
accordance with appropriations adopted by the Hawai`i
Planning Director.]
(5) Expenditures relating to public health and safety, as determined by
the civil defense agency. Examples of authorized expenditures
include but are not limited to health studies, air monitors, a
monitoring service to maintain constant monitoring of emissions
and air quality, and a public notification system to advise the
public in the event that emissions of an unsafe level are detected.
(A) Funds shall be expended in Lower Puna, which is defined
as extending from Hawaiian Paradise Park subdivision to
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Kalapana and including Orchidland Estates, Ainaloa,
Hawaiian Beaches, Hawaiian Shores, Kapoho, Pahoa,
Nanawale, Leilani Estates, and other communities
proximate to Pahoa.
(B) Expenditures under this section shall be made in
accordance with appropriations adopted by the County
council after receiving recommendations from the civil
defense administrator.
Section 2-182. Promulgation authority.
The planning director is authorized to promulgate rules and regulations for
implementation of the relocation program.
Section 2-182. . Terms of relocation.
All properties with a habitable structure located thereon that are located
within a one-mile radius of a geothermal power production facility shall be
eligible for relocation so long as the owner applies for relocation prior to
December 31, 2012."
SECTION 2. If any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SECTION 3. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 4. This ordinance shall take effect upon its approval.
INT'ODUCED BY:
COUNCIL MEMB R, CV TY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
RtrCKLINGE: Comm. 710
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