Geothermal asset fund

(a) Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as the geothermal asset fund is created. (b) The Geothermal asset fund shall be funded by payments made by Puna Geothermal Venture, a Hawai‘i Partnership, its successors or assigns and the State of Hawai‘i for the purpose of compensating persons impacted by geothermal energy development activities pursuant to the provisions incorporated in Geothermal Resource Permit No. 2. (c) Payments from the asset fund shall be administered and expended in accordance with rules, regulations, and procedures developed for that purpose and adopted by the windward planning commission in accordance with chapter 91, Hawai‘i Revised Statutes. (d) Expenses incurred by the windward planning commission such as administrative costs related to geothermal resource permits, geothermal development compliance activity, and processing of claims against the asset fund shall not be charged to the asset fund. (e) All interest and earnings accrued from the money and assets deposited in the asset fund shall be expended for the purposes for which this fund has been created. (f) No claim made pursuant to this section will be deemed a claim against the county, nor will the payment of any claim be construed as an admission of fault by the county or its officers, employees or agents. (g) The denial of any claim made under this Geothermal Asset Fund, in whole or in part, shall not prevent the claimant from pursuing any other remedy at law against the geothermal permittee and State of Hawai‘i. (1995, ord 95-74, sec 1; am 2009, ord 09-118, sec 12.)2-176 Article 36. Geothermal Relocation and Community Benefits Program.