For Hawaiʻi voters in the Nov. 3 General Election, two state constitutional amendment questions and one Kauaʻi County Charter amendment question are on the ballot.
The first state amendment asks voters if the state Senate should have more time to confirm a judicial appointment, and the second asks voters to decide if counties and developers can use infrastructure bonds as a new way to finance public infrastructure in Hawaiʻi.
A supermajority of the state Legislature voted to place each of these two questions on the ballot. Each amendment must win a majority of the ballots cast to pass. A blank vote will count the same as a “no” vote.
Kauaʻi County voters will also have a question that will amend the county charter, which is essentially the local constitution, that would clarify and expedite the Planning Commission’s appeals process.
Question 1: Shall the Constitution of the State of Hawaiʻi be amended to allow the Senate more time to consider and act on the appointments of justices and judges by increasing the timeframe from 30 days to 60 days for appointments made between April 1 and Dec. 31 when the Senate is not in regular session or is about to adjourn the regular session?
Hawaiʻi lawmakers generally meet between January and May, but governors sometimes nominate judges outside those months or late in the session, forcing senators to convene special sessions to consider the appointments.
According to Senate Bill 121, each special session costs approximately $5,000 for airfare and per diem for neighbor island senators, in addition to senator and staff time. A longer timeframe would give senators more flexibility, reduce the need for special sessions and cut costs.
If residents vote “yes” on the measure, the Hawaiʻi State Constitution will be changed to allow the Senate 60 days to decide if it rejects any judge appointment from the governor or chief justice between April 1 and Dec. 31. The 30-day timeframe will remain the same from Jan. 1 to March 31.
Question #2: Shall the Hawaiʻi State Constitution be amended to direct the Legislature to authorize the counties to issue resilient infrastructure for shelter and equity bonds to fund public improvements in designated districts, repaid solely by future growth in property tax revenues within those districts, not by increasing real property tax rates, where such bonds are excluded from the counties’ debt limit and are subject to accountability and oversight requirements as may be provided by law?
If residents vote “yes,” the amendment will authorize counties to issue housing infrastructure growth bonds to pay for public infrastructure for new development or redevelopment through future property tax revenues within the designated districts.
The bonds have been named “Resilient Infrastructure for Shelter and Equity,” or RISE bonds.
For private development in Hawaiʻi, the cost of financing public infrastructure is usually 100% of the developer’s responsibility.
As development occurs over the years, property taxes would rise. The difference between the base value and the new value of property taxes — the tax increment — would repay the RISE bond. The base value would continue to go to the county.
According to Senate Bill 3219, RISE bonds will only fund infrastructure in RISE bond districts and will not count toward the county debt limit and will not impact its borrowing capacity. The bonds will only be used specifically for public works, public improvements or other actions for housing and community development.
County mayors and the state have traditionally competed for public funds, but this would be a new source of money for infrastructure. All four mayors and Gov. Josh Green have expressed support for the amendment and are encouraging voters to vote “yes.”
“This is a sustainable way for government to fund the necessary infrastructure that our people have been begging for without putting the burden of cost on our taxpayers’ back,” Kauaʻi Mayor Derek Kawakami said.
The amendment allows counties to create RISE districts and issue RISE bonds, but does not designate those districts or put in place regulations for the RISE bonds. Those decisions will be made later by each local county government through new ordinances, public hearings and council votes.
Each county must create a RISE district that dictates where RISE bonds can be used to fund public infrastructure and what regulations are attached to a RISE bond.
The state Office of Planning and Sustainable Development has outlined the steps to creating a RISE District:
- Create an ordinance for the Hawaiʻi County Code to create a process for creating a RISE district.
- An area for a RISE district is identified, and an ordinance is sent through the Hawaiʻi County Council.
- If the ordinance passes, the Department of Planning identifies what infrastructure is needed to incentivize developers to come in and propose to build homes.
- The Department of Planning goes back to the council to get an appropriation to fund a list of infrastructure improvements. The first step of financing is through general obligation bonds, which can then be paid off through RISE bonds once they are feasible to be issued.
Kauaʻi County Charter Question: Shall the Kauaʻi County Charter be amended to expedite and clarify the Planning Commission’s appeals process by removing all references to a Zoning Board of Appeals?
Planning Department appeals are now heard by the Planning Commission or a hearings officer. The charter also lists the Zoning Board of Appeals as a third option, which was added in 2016 but has never been used.
The amendment, recommended by Kauaʻi County Cost Control Commission, would update the county charter to match the current process. It will appear on the Nov. 3 General Election ballot.
The Zoning Board of Appeals has never been used, and its functions are being handled by hearings officers and the Planning Commission. This amendment would remove the Zoning Board of Appeals from the charter and align the charter with the current process.
The Planning Commission has the discretion of who conducts appeals hearings. Kauaʻi County Cost Control Commission recommends removing the Zoning Board of Appeals to clarify and expedite the appeals process.
The Zoning Board of Appeals was added to the charter in an effort to reduce the workload of the Planning Commission. However, it has proven unworkable to find volunteers willing and able to commit to successive days and sometimes weeks of hearings in highly legalistic procedures.
The Hawaiʻi Office of Elections reported that ballots should have arrived in the mailboxes of registered voters by Oct. 16. If you did not receive your ballot, or need a replacement, you may request for a replacement ballot to be mailed to you.
Track your ballot with BallotTrax to know when it is mailed, returned and counted. Ballots must be received — not postmarked — by 7 p.m. Nov. 3. Ballots received after the deadline cannot be counted.
For any further questions, call the Elections Division at 808-961-8277.
