HILO — As Hawaii County considers large increases to the fuel tax, should any of that extra revenue go to help improve substandard private roads?
That was a question raised Tuesday as the Hawaii County Council considered a resolution seeking to authorize grants for private roads used as main thoroughfares, such as in large subdivisions, during a Finance Committee meeting.
While several council members supported the intent, the council postponed the measure due to concerns about the legality of using public funds for private roads. That’s an issue that has plagued past attempts to subsidize improvements to streets — often unpaved — that are maintained by neighborhood associations.
“I think (the law) is very clear,” said Hilo Councilman Aaron Chung. “I think the best thing to do is work with the Legislature.”
Puna Councilwoman Eileen O’Hara, who introduced the resolution, noted past attempts to change the law have failed but that there could be enough legal wiggle room if a public nexus is found.
“I’m a little concerned that we are going to sit here and twiddle our thumbs and wait for something to happen,” she said. “And I’m not of that nature. I like to get things done.”
But Corporation Counsel Joe Kamelamela said the resolution wouldn’t have the force of law. He said he agreed state law prohibits public funds from being used for private roads except for emergencies or dedications to the county.