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Home My WebLink AboutBIL 256 Draft 02 2010-2012OFFICE INFORMATION ONLY Meeting: Council—August 1, 2012 Action: Filed; Veto override vote failed due to vote of 5 ayes and 4 noes: Ayes: Ford, Hoffmann, Pi ]ago, Smart, and Yagong-5 Noes: Blas, Ikeda, Onishi and Yoshimoto — 4. (Veto override requires 6 ayes or 2/3 majority affirmative votes.) 1 n rdg.: June b, 2012 (amended to Draft 2) 2"' rdg.: June 19, 2012 To Mayor: June 27, 2012 Returned: July 12, 2012 (Mayor Veto) Reconsidered: July 19, 2012 Postponed: July 19, 2012 Override Vote: August 1, 2012 (Failed) Re: Bill 256; Comm. 710 (2010-2012 term) OFFICE OF THE COUNTY CLERIC County ui Hawai`i Kona. Hawaii Introduced By: Dominic Vagong Date Introduced: June 6, 2112 First Reading. June 6, 2712 Published: June 16, 2012 REMARKS Second Reading: June 19, 2012 To Mayor June 27, 2012 Returned: Effective: Published: REMARKS: ROLL CALL VOTE AYES NOES ABS EX EX Blas X Ford X Ford X Hoffmann X Hoffmann X WNOESABS X Ikeda X Pilago Onishi Smart X Pilago X Yagong X Smart X X Yagoug X 3 0 0 Yoshimom X 5 4 p o ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 3 0 0 I DO HEREBY CERTIFY Otai the foregoing BILL was adopted by the indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY RPORATION COUNSEL COUN OF HAWAII Approve isapproved pis �rt q dao of UL20 IX AIA TOR, COUNTYOFHAN�A/'I Council published as CLERK �,LNo.: 256 (Draft 2) Reference: C-710.31/AWESC-2 Ord No.: COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 256 (DRAFT 2) 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, Hawaii 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 [eemmunity benefits] public safety program for the relocation of owner -occupants residing near [the Puna Qeethefmal Vel Wit] a geothermal power producingfacility acility 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 producingfacility, acility, and [te fund expenditur-es for- the benefit of Lawef Puna, as defined herein, ineluding, but t limited t� f; tufodevelopment, 1 ,, l rivr—mrrrtL�—te�6�r$�eli2eiir.�dr'ut��tiucmr� aequisition> needs, eivil defense and mass tr-ansi ] 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 [and ale] 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 affeeto 7 pr-opeities by „hli a+tetion or pufstiant to ai4iele 19 of chapter 2, with the ]• 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 [eomm-un-ity benefits] public safety fund. Pursuant to section 10-12, Hawaii County Charter, the special fund known as the geothermal relocation revolving fund is hereby renamed the geothermal relocation and benefits] public safety fund. This fund g [� ] shall be administered by the planning department. Section 2-180. Funding. The geothermal relocation and [. 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. [0) Rental foes f;-,,.,,an),of the „ ponies purehased rider this 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 [^^'Mmun ty benefits] public safety program. [A minimum i.^lanee of $1,000,000 shall b maintained in the fund —for- expenditur-esr— 1crcrc to geethefmal -'in.] Expenditures relating to the geothermal relocation and [Eery 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 ] affected dwelling [ pr-epeFt ]; and [(-5) Expenditures for- ,bl: Meluding „a impfevement, astru� �n a o ational �t tali , d—aEq�t;T�en�,arl�.�--anvav facility needs,side€ense, and mass transit i ev (A) Ftmds shall be expended in Lower- Puna, whieh is defined as extendi-ng4efn Hawaiian Paradise Park subdivision to Kalapana and —iixe1 Or—ehidlandEstates, A ;,,all , Hawaiian Beaches Hawaiian Sher -es, Kapeho, Pdioa, Nanaad ale, Leil-cani Estates, and other- eo mircci hies :nate to Nihea, (D) Expenditures under this subseetioir shall Svc Tiaade i z aeeor-danee with appfopriations adopted by the 14awai'i C t C ..:1 after- « o nd tions ffofn the Planning Direeton] (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 2 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. . Qualifications for 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." 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. Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 710.31 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 3