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THE TRUST FOR PUBLIC LAND'S TESTIMONY IN OPPOSITION TO COMM.
NO. 21 TRANSMITTING CA -7 FOR INITIAL APPROVAL; PROPOSAL TO
AMEND SECTION 10-15 AND SECTION 10-16, BY REPEALING AND
REPLACING PROVISIONS FOR THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND AND MAINTENANCE
FUND, RESPECTIVELY, AS SUBMITTED BY COMMISSIONER HAMANO
HAWAII COUNTY CHARTER COMMISSION
1:30 P.M., NOVEMBER 9, 2018
WEST HAWAII CIVIC CENTER
Aloha Chair Adams and Commission Members:
The Trust for Public Land, in general, opposes advancing CA -7 for initial approval. The
Trust for Public Land was originally involved in and supported the creation of the PONC
fund through its 501(c)(4) organization, the Conservation Campaign. The Trust for
Public Land thanks the staff of the PONC 2% fund and the volunteers who serve on the
PONC Commission for their hard work in advancing the wishes of the voters of Hawaii
County who voted for the 2% Fund.
We appreciate the work of the Ad Hoc Committee in reviewing Charter provisions that
established the 2% fund, but recommend that more work and analysis be completed —
interviewing the staff of the 2% fund, the volunteers of the PONC commission, the
groups who have applied is maintenance/management funding, and other stakeholders
with special expertise in land conservation such as The Trust for Public Land, The Nature
Conservancy, and The Hawaiian Islands Land Trust.
As discussed below, The Trust for Public Land in general opposes initial approval of CA -
7. Specifically,
• The Trust for Public Land opposes reductions to land acquisition fund amount
and opposes capping the amount. Land is very expensive in Hawai'i and where
opportunities arise where land that the community wants to preserve is available
for sale, the County needs to be prepared to act. If the fund's balances had not
built up, it would never have been able to purchase the seven Kaiholena parcels
in North Kohaala for $10.5 million. The Trust for Public Land works with
conservation partners throughout the nation to conserve land. A steady source of
funding is necessary to build up sufficient capital to quickly move on significant
properties that the community wants to protect. We know from working with
Kaua'i County, which has a lower percentage for its open space fund, that it takes
many years for the fund to build up enough money to purchase land or contribute
to a purchase of land that the community wants very badly to preserve.
Landowners are not willing to wait for the fund's reserves to build up and
opportunities for conservation have been lost. The Trust for Public Land also
understands that there are competing budgetary priorities. There will always be
competing budget priorities. But the voters in Hawai'i County have repeatedly
re -affirmed that land protection and conservation is a very high priority for them.
Comm. No. 21.1
• The Trust for Public Land opposes reducing the maintenance fund amount. Interviewing applicants
for maintenance funds would have been helpful in understanding how difficult the application
process is for maintenance funds — while the use of public funds should always be monitored and
best practices followed, the County process needs to be simplified. Applicants, who are unpaid
volunteers, should not be put through trial -like cross examinations. The process as it currently stands
does not encourage groups to apply.
• The Trust for Public Land opposes changes to Section 10-16 of the Charter that would expand use of
the maintenance fund to large capital projects such as buildings, roads, and restrooms. The voters
who approved this provision clearly intended, as stated in Section 10-16(g), that these types of larger
expenditures should be handled by the County in the capital improvement budget or via the general
fund. A single large capital improvement, such as road, could easily drain the entire annual fund for
maintenance/stewardship. This provision was intended to give grass roots community groups an
opportunity to take ownership in the lands protected and apply for stewardship grants to foster
community aina based stewardship. That said, The Trust for Public Land would support expanding
the uses of the maintenance fund for smaller projects that would not drain the fund and support
community stewardship — e.g., educational buildings/facilities, sheds for storage of equipment,
portable restrooms for remote locations.
• The Trust for Public Land opposes removing the protective covenant. This could affect the County's
ability to secure matching funding, which accounts for approximately one-third of the County's
funding to date. Further research would be required to determine if it would be permissible to allow
transfer of the protected to land to qualified partners like the National Park Service, the State, or land
trusts like the Nature Conservancy or the Hawaiian Islands Land Trust, subject to permanent
restrictions preventing development that run with the land.
• The Trust for Public Land supports the Ad Hoc Committee and PONC Commission's
recommendation that dedicated full-time staff is needed to support PONC's work. PONC has
accomplished incredible conservation work. The Trust for Public Land is eager to work with PONC
to help leverage other funding — federal, state, and private — to stretch PONC dollars further and to
have a greater impact. Recently, The Trust for Public Land assisted the State of Hawaii in acquiring
2,900 former pineapple lands in Central O'ahu for over $15.1 million — only $1.5 million of those
funds were State funds. The Trust for Public Land hopes that it use its national expertise in land
conservation to assist the County of Hawaii in meeting its conservation and preservation goals.
Mahalo for this opportunity to testify. Unfortunately, we will not be able to testify in person due to scheduling
conflicts.
Mahalo —
Lea Hong
State Director
Edmund C. Olson Trust Fellow
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