The URL can be used to link to this page

Home My WebLink AboutBIL 267 Draft 01 2010-2012OFFICE INFORMATION ONLY Meeting: Council—.lune 19,2012 Action: withdrawn by introducer (Mr. 0agong). Re: Bill 267; Comm. 747 (2410-2102 term); (waived -FC) JM�V OF M� (�•±� \' .ice COUNTY OF HAWAII STATE OF HAWAII ,�'f OF •M�,� BILL NO. 267 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 35 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE GEOTHERMAL ASSET FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 35 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 35. Geothermal Asset Fund. Section 2-176. Creation of fund. (a) Pursuant to section 10-12, Hawaii County Charter, a special fund to be known as the geothermal asset fund is created. (b) The Geothermal asset fund shall be funded by payments made by Puna Geothermal Venture, a Hawaii Partnership, its successors or assigns and the State of Hawaii for the purpose of compensating persons impacted by geothermal energy development activities pursuant to the provisions incorporated in Geothermal Resource Permit No. 2[.] and to provide a community benefits program to benefit Lower Puna. [(e) Payments ffem the asset fund shall be administer -ed and expended in aeeer-danee with rules, regulations, and pr-eeedures-developed-for- tha4 pur-pose-and adopted by the planningaeeefda-nee with ehapte - o f 14a Revised Statutes.] , ucuws. related to geothermal r-esetifee permits, geothermal develapfnei4 eemplianee aetivity, and . - f elaims against the asset fund shall not be ehafged to the asset ] [(e)] (c) All interest and earnings accrued from the money and assets deposited in the asset fund shall be expended [for- the purposes rn~ whieh this fund has been ^ oas provided in section 2-176.1 and section 2-176.2. [(f) Ne elaim made pursuant to this seetion will be deemed a elaim against the eeuf4y, nor- 'A414 the payment of any elaim be eenstmed as an admission of fault by the eettf4y or- its fficer,, empleyees or- ] [ > shall per-mit4ee and State of 14awai'i.] Section 2-176.1 Compensation for persons impacted by geothermal energy development activities. (a) Payments from the asset fund for the purpose of compensating_ persons impacted by geothermal energy development activities, pursuant to the provisions incorporated in Geothermal Resource Permit No. 2, shall be administered and expended in accordance with rules regulations and procedures developed for that purpose and adopted by the windward planning commission in accordance with chapter 91, Hawaii Revised Statutes. (b) Expenses incurred by the windward planning commission such as administrative costs related to geothermal resource permits, geothermal development compliance activity, and processing of claims against the asset fund shall not be charged to the asset fund. (c) No claim made pursuant to this section will be deemed a claim against the county, nor will the payment of any claim be construed as an admission of fault by the county or its officers, employees or agents. (d) The denial of any claim made under this section, in whole or in part, shall not prevent the claimant from pursuing any other remedy at law against the geothermal permittee and State of Hawaii. Section 2-176.2 Geothermal community benefits program. (a) Payments from the asset fund may be expended to provide community benefits to Lower Puna as defined herein; provided, however, that expenditures shall not exceed $350,000 in M given fiscal year, which shall include expenditures made under subsection (b) and subsection (c). (b) Allowable expenditures relating to the geothermal community benefits program include, but are not limited to 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 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 council after receiving recommendations from the geothermal asset fund community benefits advisory commission. (c) In addition to the expenditures provided in subsection (b), the geothermal asset fund community benefits advisory commission shall award on an annual basis ten scholarships of $2,500 each to students graduating from a public high school located in the area described herein as Lower Puna. The commission shall establish as part of its rules: (1) criteria for scholarship eligibility, (2) allowable uses of scholarship funds, and (3) other similar regulations for the scholarship program. am. Section 2-176.3. Geothermal asset fund communitv benefits advisory commission. (a) There is established a geothermal asset fund community benefits advisory commission. The commission shall provide to the council recommendations for expenditures from the geothermal asset fund that will benefit Lower Puna and administer the geothermal community benefits scholarship program, pursuant to section 2-176.2. (b) There shall be five members on this commission appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. Members shall serve a term of one year. Staff support shall be provided by the planning department. (c) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the qppointee shall be deemed to have been confirmed. (d) Onlytse persons that reside on a full-time basis in Lower Puna, as described in section 2- 176.2 shall be eligible for appointment to this commission. (e) No member shall be eligible for a second appointment to the commission prior to the expiration of two (f) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (g) Any vacancy occurring in the commission shall be filled for the unexpired term. (h) Not more than a bare majority of the members shall belong to the same political party. (i) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. Moneys from the asset fund may be expended on reimbursements allowed by this section. (j) No person shall by reason of occupation alone be barred from serving as a member of this commission. (k) A chairperson shall be elected from its membership annually. (1) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (m) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 3. Severability. 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMB JUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCES COOM 747