By COLIN M. STEWART
Tribune-Herald Staff Writer
A Monday evening public hearing on proposed rules for a new entity charged with developing state lands turned into a referendum on its very existence, as well as the way in which it came into being.
More than 100 people showed up to comment on the state’s new Public Land Development Corporation, which became law at the end of the 2011 legislative session. The corporation would attempt to generate income for the state Department of Land and Natural Resources by fostering so-called “public-private partnerships” with companies to develop recreational facilities in Hawaii.
Critics of the PLDC say that it has been given sweeping powers that would allow it to bypass zoning laws and limitations, as well as, in some cases, force neighboring property owners to pay for street, sidewalk and utility improvements, or face fines and other repercussions. The vast majority of those in attendance were unequivocal in their disapproval of the PLDC’s mission and the political processes that they say allowed it to be passed quickly and quietly by legislators with little opportunity for public comment.
“Senate Bill 1555 was rushed through the Hawaii state Legislature in three days. The House passed it, the Senate passed it, and (Gov. Neil) Abercrombie signed it into law the third day. How often do you see that kind of quick work by the state government, as stupid as they are?” asked a visibly angered John Ota during the public comment portion of the meeting. “I don’t think that’s ever happened in the history of the state.”
Attendees at the Waiakea High School cafeteria erupted into applause and laughter at that, hooting and hollering their approval.
“It’s clear they had this set up for quite a while. They knew what they were gonna do. And I hate to get political …” said Tony Sylvester, drifting off before cries from the crowd of “Go ahead!” and “Get political!” spurred him on. “Well, (state Sen. Malama) Solomon and (state Sen. Gil) Kahele supported this … So, think about that when you guys vote.”
One man almost broke into tears as he testified, his voice waivering as he spoke: “I speak from my heart. I’ve been here for 30 years. I love this place, and I love all my brothers and sisters. Shame on you! Shame!” he said, directing his comments to state employees at the head of the room, including Lloyd Haraguchi, who had identified himself as the executive director of the Public Land Development Corporation.
Before the meeting began, Haraguchi appeared to be steeling himself for a tough audience.
“The purpose of this hearing is to give the public the opportunity to express their views, comments and opinions on the proposed administrative rules,” he said. ” … I expect no threatening remarks or disruptive behavior. If I do see it, I will close the meeting. I don’t think I need to be any clearer than that.”
Attendees refrained from making direct threats, but many showed they were downright angry, speaking in booming tones of their anger and frustration with state officials. Many said they did not recognize the state and federal government’s oversight of public lands, claiming Hawaiian sovereignty.
The Public Land Development Corporation, as defined by the DLNR’s section of the state’s administrative rules, is to “provide for appropriate and culturally-sensitive programs for the optimal use of public land for the economic, environmental, and social benefit of the people of Hawaii.” The rules establish procedures for undertaking and financing projects for facilities including improvements, roads, utility and service corridors, utility lines, water and irrigation systems, lighting, security, sewerage systems and other community facilities.
In summarizing the corporation’s mission before opening the floor to the public, executive director Haraguchi said that there had been several “misconceptions” by the public concerning the PLDC. Specifically, he said, while the group is exempt from land use and zoning laws, “we are not exempt from the environmental process. And as far as zoning is concerned, ” he said, “although we are exempt, the county oversees the zoning process, and we’ll need to work collaboratively with various counties. … We will also not be selling any land.”
A second Big Island hearing was scheduled for Tuesday evening in Kona, followed by meetings on Maui, Molokai, Oahu and Kauai through Aug. 31.
Persons who were unable to attend the hearings or wishing to present additional comments may e-mail comments to randal.y.ikeda@hawaii.gov or postmark written testimony by Friday, Sept. 14, to: PLDC, PO Box 2359, Honolulu, Hawaii 96804.
Copies of the proposed rules change are available online at http://hawaii.gov/dlnr/pldc/rules.
Email Colin M. Stewart at cstewart@hawaiitribune-herald.com.
