(a) 
In adopting each fiscal year's budget and capital program, the Council shall appropriate a minimum of one-half of one percent (0.5%) of the certified Real Property Tax revenues to a fund known as the Public Access, Open Space, Natural Resources Preservation Fund ("fund"). The moneys in this fund shall be utilized for purchasing or otherwise acquiring lands or property entitlements and any corresponding improvement of those lands or property entitlements for land conservation purposes in the County of Kaua'i for the following purposes:
(1) 
Public outdoor recreation and education, including access to beaches and mountains:
(2) 
Preservation of historic or culturally important land areas and sites;
(3) 
Protection of significant habitats or ecosystems, including buffer zones;
(4) 
Preserving forests, beaches, coastal areas, and agricultural lands;
(5) 
Protecting watershed lands to preserve water quality and water supply;
(6) 
Conserving land in order to reduce erosion, floods, landslides, and runoff;
(7) 
Improving public access to, and enjoyment of, public land, and open space;
(8) 
Acquiring public access to public land, and open space;
(9) 
Conserving land for open space and scenic values.
(b) 
The moneys in this fund may also be used for the payment of interest, principal, and premium, if any, due with respect to bonds issued pursuant to Sections 3.13, 3.14, or 3.15, Charter, in whole or in part, for the purposes enumerated in Subsection (a) of this Section and for the payment of costs associated with the purchase, redemption or refunding of such bonds.
(c) 
The moneys in this fund may also be used to improve public pedestrian access to coastal areas.
(d) 
At any given time, no more than five percent (5%) of this fund shall be used for the maintenance of one (1) land or property entitlement and any corresponding improvements that were purchased or acquired using this fund; or two (2) public pedestrian access to coastal areas that were improved using this fund.
(e) 
Any balance remaining in this fund at the end of any fiscal year shall not lapse, but shall remain in the fund, accumulating from year to year. The moneys in this fund shall not be used for any purpose except those listed in this Section.
(Ord. No. 812, December 15, 2003; Ord. No. 925, March 28, 2012; Ord. No. 936, July 1, 2013; Ord. No. 986, May 7, 2015; Ord. No. 1048, June 14, 2019; Ord. No. 1175, June 26, 2025)
(a) 
A community-based process that incorporates Countywide community input for the purposes of establishing biennial recommended priorities of lands or other property entitlements to be acquired for those land conservation purposes described in Sec. 6-14.1(a) of this Article and Paragraph C of Sec. 19.15 of the Charter shall be utilized by the County.
To meet this intent, a Fund Advisory Commission ("Commission") shall be established consisting of nine appointees.
(1) 
The Mayor shall select four appointees, with at least one from each of the following development plan areas and one at-large:
(A) 
Waimea – Kekaha;
(B) 
Līhu'e – Hanamā'ulu; and
(C) 
Kapa'a – Wailua.
(2) 
The Council shall select four appointees, with at least one from each of the following development plan areas and one at-large:
(A) 
Hanapēpē – 'Ele'ele;
(B) 
Kōloa – Po'ipū – Kalāheo; and
(C) 
North Shore (Anahola to Hā'ena).
(3) 
One island wide, at-large appointee shall be selected by the seated members. If there is no agreement on the selection of the one additional member within 75 days of the vacancy, the power to fill that vacancy shall fall to the Mayor and confirmed by the Council.
(4) 
Pursuant to Charter Sec. 23.02(B), all subsequent appointments shall serve for staggered terms of three years and until their successors are appointed. However, no holdover term shall extend beyond 90 days.
(5) 
The role of the Commission shall be to:
(A) 
Work with the Planning Department to develop a biennial list of priority projects to be considered for funding; and
(B) 
Solicit public input on development of the biennial list of priority projects to be considered for funding; and
(C) 
Prepare an annual report for the Mayor and Council's review. This report should include, but not be limited to, a list of:
(i) 
Accomplishments;
(ii) 
Challenges;
(iii) 
Future goals and objectives; and
(iv) 
Recommendations.
(6) 
The Commission is also authorized to:
(A) 
Advocate and be a resource for public access, open space, and natural resources preservation planning for the County of Kaua'i;
(B) 
Provide feedback on the Department's implementation of priority recommendations;
(C) 
Serve as a forum to receive public input on issues relating to the nine land conservation purposes outlined in Sec. 6-14.1(a)(1) through (9);
(D) 
Assist with the resolution of issues relating to the nine land conservation purposes outlined in Sec. 6-14.1(a)(1) through (9); and
(E) 
Biennially report the balance and review the sufficiency of the public access, open space, natural resources preservation fund to the Council and the Administration.
(b) 
The Commission shall establish biennial recommended priorities of lands or property entitlements to be acquired, or for the funding of projects directly related to the purposes of this Article.
(c) 
For administrative purposes, this Commission shall be attached to the Planning Department.
(d) 
At any given time, no more than 5% of this fund shall be used for administrative expenses.
(e) 
Meetings of this Commission shall comply with requirements of Chapter 92, Hawai'i Revised Statutes (the "Sunshine Law").
(f) 
The Commission shall adopt administrative rules of procedure pursuant to Chapter 91, Hawai'i Revised Statutes (the "Hawai'i Administrative Procedures Act") within 180 days of the full appointment of the Commission's membership.
(Ord. No. 812, December 15, 2003; Ord. No. 925, March 28, 2012; Ord. No. 936, July 1, 2013; Ord. No. 986, May 7, 2015)
(a) 
Appropriations for expenditure from this fund shall be made by ordinance.
(b) 
The Commission shall transmit biennial recommendations to the Council for priorities of lands or other property entitlements to be acquired, or for the funding of projects directly related to the purposes of this Article.
(c) 
Funds may be appropriated to another government entity, private owner, or nonprofit organization and used to acquire an interest in property with the requirement that lands or entitlements benefit the public and are protected in perpetuity.
(d) 
Lands or other property entitlements to be acquired may be owned or held by the County of Kaua'i, other government entity, or nonprofit organization with the requirement that lands or entitlements benefit the public and are protected in perpetuity.
(e) 
Lands or other property entitlements to be acquired may be managed by the County of Kaua'i, other government entity, private owner, or nonprofit organization with the requirement that lands or entitlements benefit the public and are protected in perpetuity.
(Ord. No. 812, December 15, 2003; Ord. No. 925, March 28, 2012; Ord. No. 936, July 1, 2013)