Oahu voters to decide how to use city land conservation fund

Oahu voters will get to decide come November how the city spends its Clean Water and Natural Lands Fund, which is currently used to purchase land for conservation.

Proposed City Charter amendment No. 3 on the general election ballot asks if 5% of the fund should be expended to operate and maintain those acquired lands.

A small portion of city property tax revenues, 0.5%, goes to the Clean Water and Natural Lands Fund to purchase land deemed in need of protection. This could include watershed lands, forest and coastal areas, significant habitat, outdoor areas used for recreation and education, lands needed to reduce erosion, floods, landslides and runoff, and historic and culturally important sites.

Under the current Charter, however, the fund cannot be used for maintenance of those lands or for amenities such as parking lots and restrooms. If approved by voters, the Charter amendment would allow 5% of the fund to be used for those purposes as well as environmental remediation.

Purchases made with Clean Water and Natural Lands Fund monies have included lands for the Aina Hina Nature Preserve, the Maunawila Heiau in Hauula and its conservation easement, Ka Iwi Coast mauka lands, and a conservation easement for Kanewai Spring.

“As we were approving projects that were really important for conservation, we also wanted to see that that land could also be utilized by the public, that it would also be usable and accessible to people who might be living in urban Honolulu and not always able to get out to green spaces,” said Jamie Tanimoto, a member of the Clean Water and Natural Lands Advisory Commission.

“It was a forethought that as places are being put into conservation, they might need some improvements that will allow that public access. But also, they might also need some maintenance along the way to ensure continuation of that public access.”

Commission member Jason Kekahi “Kahi” Pacarro said that currently isn’t possible.

“We are sitting on this amazing asset that is this fund, and we felt it would be prudent to add a portion of it — a tiny portion of it — to fund these parking lots, for example, and the maintenance of them to keep them clean by being able to have a garbage can that gets maintained, and a bathroom,” he said.

“As the commission, we approved these projects, and the burden of managing them from a maintenance standpoint falls onto (parties such as the Department of Parks and Recreation).”

The advisory commission approves projects for funding that are then brought before the City Council for approval.

In the current fiscal year 2023, the Clean Water and Natural Lands Fund is projected to receive about $7.5 million from its share of property tax revenues. If the Charter amendment passes, more than $375,000 of that amount would be allocated to the operation and maintenance of projects supported by the fund.

“All the money that’s approved for maintenance goes through the commission as well,” said Department of Parks and Recreation spokesperson Nate Serota. “It’s a similar process to how the money is allocated for land acquisition … .”

In written testimony to the Council, former commission member David Penn expressed concern about using the fund for environmental remediation, which he said could extend to costly and extensive work such as dealing with contaminated soil.

His testimony questioned why the city would use the fund to purchase land with pre-existing problems without having the seller fix the trouble prior to sale.

Pacarro, Tanimoto and Serota all noted the proposed Charter amendment caps funding for maintenance and remediation at a modest 5%, so it would be unlikely a property would be purchased if major environmental remediation was needed. In cases in which problems arise after a property has been acquired, environmental laws often hold the seller accountable for fixing those issues, they said.

Tanimoto added there might be instances in which the city may want to purchase land that might need environmental remediation, but that such properties would be cheaper to purchase because of those issues.

The commission is not expending the full amount the fund receives each year, and Pacarro estimated the current balance of available funds at $31 million.

“I think the idea for some of these people that want to bring projects forth knowing that now, a small portion of the maintenance could potentially be covered by this fund, makes it more attractive to have more applicants,” he said.

“We’re in a sense begging people to bring us applications … . We’ve done amazing work, and we want to do more.”

According to Pacarro, the whole process of selecting and acquiring a property takes a conservative average of about two years.

Hawaii Land Trust President Laura Kaakua, who works with many projects funded through the Clean Water and Natural Lands Fund, said that as more projects move forward, more property owners will want to apply to sell their lands to the city for conservation use.

“People really want to see these projects move forward,” she said. “I feel like we’re at sort of a tipping point. It’ll just continue to snowball in a positive way.”

In order for the Charter amendment to pass, over 50% of Oahu voters would have to vote “yes” on the proposal on Nov. 8.