Hawaii County Council rejects charter change to move PONC maintenance rules into code

The Hawaii County Council voted 5–4 to reject Bill 165 on third and final reading, a proposed charter amendment that would have removed a $3,000,000 cap on the island’s Public Access, Open Space and Natural Resources Preservation (PONC) maintenance fund and moved detailed stewardship procedures from the charter into the county code.

“Bill 165 is a targeted amendment to our charter to improve how the county supports long, long term stewardship of lands acquired through the PONC preservation fund,” Council member Kirkowitz said while presenting the measure and the amendments intended to add reporting and transparency. Supporters framed the measure as modernizing an acquisition-focused program so protected lands could receive predictable, accountable maintenance funding.

Community stewards and longtime advocates addressed the council in person and by Zoom. Deborah Hecht, who has worked on PONC since 2005, urged stronger charter safeguards, warning that concentrating authority without explicit protections could politicize grants: “If you give too much power to the director … these nonprofits would have to go beg for money every year,” Hecht said. Other speakers urged either maintaining mandatory charter language or embedding specific safeguards into the proposed code language.

Kirkowitz and supporters offered several accepted amendments during the meeting to clarify annual deposits, require itemized accounting of receipts and disbursements, and add public notice for maintenance-fund grant opportunities. Deputy finance director Malia Keikai confirmed the finance department could deliver the expanded reporting language the council adopted.

Despite the amendments, several council members said they were not convinced the package gave the public enough assurance that the fund’s protections would survive future administrative changes. After roll call the motion failed with five votes in favor and four opposed. The council did not approve the charter amendment during the session; proponents signaled they will continue work on companion code language and community-suggested clarifications before any future ballot placement or reintroduction.