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Home My WebLink AboutCOM 0290.002 2016-2018 Eileen O'Hara -tY of H„ Phone: (808) 965-2712 Council Member ��:• � ' . Fax: (808) 961-8912 Council District 4 • :' " ��,'l;'%� Email: eileen.ohara@hawaiicounty.gov Chair: Environmental - Vice Chair:Planning Committee and +''TE o N� Agriculture, Water&Energy Management Committee Sustainability Committee County of Hawaii Hawaii County Council 25 Aupuni Street, Suite 1402 • Hilo,.Hawaii 96720 DATE: June 6, 2017 - ' TO: Valerie T. Poindexter, Council Chair I "'�-- —14:► and Members of the Hawai`i County Council -1 . .) g6) "vt. Tz. FROM: Eileen O'Hara, Council Member .., SUBJECT: Proposed amendments to Resolution No. 212-17, A Resolution authorizing an increase of the County of Hawai`i Fuel Tax. Please find attached proposed amendments to Resolution No. 212-17. The amendments are illustrated below in Ramseyer format with respect to the contents ofResolutionNo. 212-17 (material to be deleted is bracketed and stricken; material to be added is underscored). A draft copy of Resolution No. 212-17, Draft 2, is attached with these amendments incorporated therein. 1. Resolution No. 212-17 is amended by amending the sixth WHEREAS clause to read as follows: "WHEREAS,the Council, after considering the various and numerous road, mass transit, and highway needs and improvements to be made within the County of Hawai`i, finds that the County fuel tax should be: a) increased by an additional [ten] six and two-tenths [( )] (6.2) cents per gallon for the Fiscal Year 2017-2018,thereby making the aggregate county of Hawai`i fuel tax on liquid fuel [nineteen(19)] fifteen(15) cents per gallon for the Fiscal Year 2017-2018, b) increased by an additional [ }four cents per gallon for the Fiscal Year 2018- 2019,thereby making the aggregate county of Hawai`i fuel tax on liquid fuel [ .,- - . :-- nineteen(19) cents per gallon for the Fiscal Year 2018-2019, and c) increased by an additional [ e}four cents per gallon for the Fiscal Year 2019-2020,thereby making the aggregate county of Hawai`i fuel tax on liquid fuel twenty three (23) cents per gallon for the Fiscal Year 2019- 2020, all to support the safe and efficient operation and maintenance of County roads, mass transit, and highway infrastructure; and" 2. Resolution No. 212-17 is amended by inserting a new clause as the seventh WHEREAS clause to read as follows: gto. Cliarnm No. Ref, To: C0 Ref. Date milQ 7 nr "WHEREAS, all fuel tax increases proposed in this resolution are conditional to the timely submission of a comprehensive plan by the Department of Public Works in collaboration with the Office of the Mayor providing the following minimum information: • Amount to be generated by increases; • Information on how money will be equitably distributed to all districts; • Specific transportation projects to be funded in each district; and • Timelines for projects utilizing fuel tax revenues; now, therefore," 3. Resolution No. 212-17 is amended by amending the enacting clause to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that it does hereby fix, determine, set, and extend the amount of the County of Hawai`i fuel tax to be levied and collected by the Department of Taxation of the State of Hawaii, in accordance with law, at [nineteen(19)] fifteen(15) cents per gallon for the Fiscal Year 2017-2018, b) [twenty one (21)] nineteen(19) cents per gallon for the Fiscal Year 2018-2019, and c)twenty three (23) cents per gallon for the Fiscal Year 2019-2020 for diesel on-highway and gasoline on-highway to be in effect unless and until otherwise provided by another resolution adopted as above provided." 4. Resolution No. 212-17 is amended by amending the first BE IT FURTHER RESOLVED clause to read as follows: "BE IT FURTHER RESOLVED that this resolution shall take effect on the first day of the second month following the date of adoption of this resolution, in accordance with Section 243-5, Hawai`i Revised Statutes; provided that the Council has received the comprehensive plan submitted by the Department of Public Works and the Office of the Mayor, as required by this resolution." 5. Resolution No. 212-17 is amended by amending the BE IT FINALLY RESOLVED clause to read as follows: "BE IT FINALLY RESOLVED that the county clerk is hereby instructed and directed to send a copy of this resolution to the State Director of Taxation, State of Hawai`i, Department of Taxation, [and to] the State Director of Finance, State of Hawai`i, Department of Budget and Finance,the Honorable Mayor Harry Kim, and the Director of the Department of Public Works." EO/bl Att. . 2 RESOLUTION AUTHORIZING AN INCREASE OF THE COUNTY OF HAWAII FUEL TAX WHEREAS,the provisions of Section 243-5, Hawai`i Revised Statutes, enable, empower and authorize the Council of the County of Hawai`i to determine the amount of the County fuel tax; and WHEREAS, Section 243-5, Hawai`i Revised Statutes provides that the amount of the County fuel tax shall be determined by resolution of the County Council in the manner provided by law, relating to resolutions involving the expenditure of public money. The amount so fixed may be per gallon, one or more cents or a fraction of a cent or both, or zero; and WHEREAS, Section 243-5, Hawai`i Revised Statutes further provides that no such resolution shall be adopted until the County Council conducts a public hearing on the amount of the proposed tax after a notice of such hearing has been published in a newspaper of general circulation within the County at least twice during a period of thirty days immediately preceding the date of such hearing; and WHEREAS, Section 243-6, Hawai`i Revised Statutes, provides that in addition to expending fuel tax revenues for highway construction and maintenance purposes, revenues may be expended for mass transit; and WHEREAS,the existing Hawai`i County fuel fax of eight-and eight-tenths (8.8) cents has remained unchanged since 1988 in spite of a steady increase in costs and is the lowest in the State, as the County of Maui fuel tax is twenty-three (23) cents per gallon,the County of Kauai fuel tax is seventeen(17) cents per gallon, and the City and County of Honolulu fuel tax is sixteen and five-tenths (16.5) cents per gallon; and WHEREAS, the Council, after considering the various and numerous road, mass transit, and highway needs and improvements to be made within the County of Hawai`i, finds that the County fuel tax should be: a)increased by an additional six and two tenths (6.2) cents per gallon for the Fiscal Year 2017-2018,thereby making the aggregate county of Hawai`i fuel tax on liquid fuel fifteen(15) cents per gallon for the Fiscal Year 2017-2018, b) increased by an additional four cents per gallon for the Fiscal Year 2018-2019,thereby making the aggregate county of Hawaii fuel tax on liquid fuel nineteen(19) cents per gallon for the Fiscal Year 2018- 2019, and c) increased by an additional four cents per gallon for the Fiscal Year 2019-2020, thereby making the aggregate county of Hawai`i fuel tax on liquid fuel twenty three (23) cents per gallon for the Fiscal Year 2019-2020, all to support the safe and efficient operation and maintenance of County roads, mass transit, and highway infrastructure; and WHEREAS, all fuel tax increases proposed in this resolution are conditional to the timely submission of a comprehensive plan by the Department of Public Works in collaboration with the Office of the Mayor providing the following minimum information: • Amount to be generated by increases; • Information on how money will be equitably distributed to all districts; • Specific transportation projects to be funded in each district; and • Timelines for projects utilizing fuel tax revenues.; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it does hereby fix, determine, set, and extend the amount of the County of Hawai`i fuel tax to be levied and collected by the Department of Taxation of the State of Hawaii, in accordance with law, at fifteen(15) cents per gallon for the Fiscal Year 2017-2018, b) nineteen(19) cents per gallon for the Fiscal Year 2018-2019, and c)twenty three (23) cents per gallon for the Fiscal Year 2019-2020 for diesel on-highway and gasoline on-highway to be in effect unless and until otherwise provided by another resolution adopted as above provided. BE IT FURTHER RESOLVED that this resolution shall take effect on the first day of the second month following the date of adoption of this resolution, in accordance with Section 243-5, Hawai`i Revised Statutes; provided that the Council has received the comprehensive plan submitted by the Department of Public Works and the Office of the'Mayor, as required by this resolution. BE IT FURTHER RESOLVED that if any provisions of this resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are declared to be severable. BE IT FINALLY RESOLVED that the county clerk is hereby instructed and directed to send a copy of this resolution to the State Director of Taxation, State of Hawai`i, Department of Taxation, the State Director of Finance, State of Hawai`i, Department of Budget and Finance,the Honorable Mayor Harry Kim, and the Director of Department of Public Works.