The Hawaii State Legislature is at it again, looking to create bills allowing government to bypass protections designed to preserve the public trust.
The public’s overwhelming response effectively killed the Public Lands Development Corporation but now the magicians of Honolulu have unveiled the
“Public-Private Development Authority” as a new scheme to shortcut public input to government processes.
Likewise, SB 1171, SD1 looks to gut Historic Review process due to Supreme Court rulings in favor of Hawaiian’s rights to protect their ancestors, even as the National Park Service waits at the door to sanction SHPD for sitting on its hands for decades.
Thanks to Donna Wong and Hawaii’s Thousand Friends for compiling the following legislative alert. Please respond by contacting your representatives today.
~~ ALERT ~~
Next Tuesday 3/5, the entire Senate will vote on THREE bad bills.
Including SB 215 SD2, a PLDC look-alike.
Send opposition testimony on these bad bills to all senators or contact your senator here:
See article on PLDC-like SB 215:
SB 215 SD2 Relating to Economic Development (Dela Cruz, Chun Oakland, Kidani, Solomon) creates the Public-Private Partnership Authority.
Sound like PLDC? Let us count the ways:
PLDC and SB 215 SD2 purposes are to "create a vehicle and process to use public land...for the economic, environmental, and social benefit of the people of Hawaii."
Like PLDC, under SB 215 SD2 the public-private partnership administers appropriate and culturally sensitive projects.
Like PLDC, under SB 215 SD2 the "authority shall coordinate and administer projects while ensuring that resources are maintained for the people of Hawaii."
Like PLDC, SB 215 SD2 has a board of directors but only 5 voting members: 3 heads of state departments, 1 member appointed by the Senate president, 1 member appointed by the speaker of the House and 1 non-voting member from the aha moku advisory committee.
Like PLDC, SB 215 SD2 dictates that House and Senate members shall "have expertise in small and large businesses within the development or recreation industries, banking, real estate, finance, promotion, marketing or management."
SB 215 SD2 allows the counties to waive zoning, land use, and permitting requirements on any project by passing an ordinance or memorandum of agreement.
SB 215 SD2 has no process for public hearings or public involvement on the projects, other than the rule-making process.
SB 215 SD2 shall initiate 3 pilot projects: 1) a film production facility on state lands somewhere on Maui, location not specified; 2) 1 unknown county-initiated project; and 3) a mysterious main-street project on previously identified state lands in Wahiawa that currently contain a DOE building, a library, Wahiawa Clinic and a transit center. Could these public lands be slated for a Transit Oriented Development project?
SB 215 SD2 allows for additional projects for educational purposes or to stimulate development and job creation.
SB 1027 SD1 Relating to Coastal Zone Management (governor's package)
Exempts any development by a state agency on state land within the Special Management Area (SMA) from the counties' Special Management Area Permit and shoreline setback variance processes.
Exempts development by a state agency on state land from having to be consistent with county general plans and zoning.
Creates a new state consistency review process that will be conducted by the state agency proposing the project, with only a 30-day comment period.
State consistency certificationis a statement by a state agency that it has completed the state consistency review and the development is consistent with SMA objectives. Fox guarding the henhouse?
State agencies are only required to respond to relevant public comments.
After the State Office of Planning publishes the state consistency certification in the OEQC bulletin, development may proceed.
NO more public hearings or public involvement.
NO contested case opportunities as provided for under the county SMA process for Maui County, Kauai and Hawai`i Island residents.
SB 1171 SD1 Review of Historic Preservation Projects (governor's package)
SB 1171 SD1 is in response to the Hawai`i Supreme Court's unanimous ruling, in Kaleikini v. Yoshioka (Honolulu's director of transportation), that phasing of archaeological studies is not allowed under HRS Chapter 6E - Historic Preservation.
SB 1171 SD1 would allow construction of development projects to start before an inventory of all archaeological resources has been completed.
When burial sites and historic properties are not identified before basic planning decisions are made, the many options that could protect those sites are effectively foreclosed.
SB 1171 SD1 is all about Oahu's rail project: without the high court's ruling, the `iwi kupuna would not have been discovered before the 4th and final phase of the 20-mile rail line, and then the argument could have been made that it was too late to stop the train to look for "bones."