Bill to fund study of Puna alternate route postponed

Kelsey Walling/Tribune-Herald Lines of cars on Wednesday afternoon head toward Pahoa on Highway 130 near Keaau High School.
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A study investigating possibilities for a new roadway into Puna has been put off a little longer after questions about how to protect Hawaiian homestead land.

In 2021, the state Legislature included in a budget bill a $1 million allocation — matched by $500,000 in Hawaii County funds — to develop a Puna Makai Alternate Route Study in the hope of eventually creating another route into Puna to alleviate traffic congestion and improve emergency access to the area.

The county is now finally able to accept that money, but doing so has proven contentious among members of the County Council and the general public over concerns that an alternate route might cut through lands managed by the state Department of Hawaiian Home Lands.

Dozens of Puna residents spoke at and submitted written comments for Wednesday’s council meeting about the proposed study. While all agreed better access to Puna is vital, many opposed a measure that would accept the funds unless it included a provision that would exclude DHHL lands from the scope of the project.

Many testifiers, some who live on homestead lands, argued DHHL beneficiaries have consistently been marginalized and displaced for the sake of infrastructure development.

“Our Pana‘ewa and Keaukaha sister communities have already been burdened with the (Hilo) airport noise and air pollution, HECO pollution, county sewage pollution, rubbish dump, raceway park and traffic and speeding cars through our community on Railroad Avenue,” wrote Bob Douglas. “We do not need a freeway from Pahoa to Hilo through our community or Hawaiian Home Land(s) … .”

Kali Watson, chair of the Hawaiian Homes Commission, submitted comments indicating DHHL is supportive of the general intent of the project, but remains opposed to “any consideration of a proposed bypass route that would run through DHHL trust lands.”

Council members agreed with critics’ concerns but were unable to come to a satisfactory decision and ultimately chose to postpone the matter for another two weeks.

Puna Councilwoman Ashley Kierkiewicz reminded her colleagues the state funds are for a study, and not an actual road, and that limiting the possible location of the road can be done outside of the funding bill itself — although she added it is “unfortunate” such constraints were not included in the state budget bill in the first place.

Other council members had lengthy discursions Wednesday about ways they could legally prohibit the study from investigating DHHL lands as viable options.

Hilo Councilwoman Sue Lee Loy introduced an amendment to the bill that would specifically exclude lands under DHHL’s jurisdiction, but this raised legal objections from county Corporation Counsel Elizabeth Strance.

“I think there are a number of ways to address this issue, but this (amendment) is awkward. … I think it’s a round peg in a square hole,” Strance said. “Is it illegal? That would depend on the state’s interpretation.”

Hamakua Councilwoman Heather Kimball noted it would probably set a bad precedent if the council started including policy provisions in bills intended to simply move funds from one account to another.

Lee Loy ultimately rescinded her amendment and proposed an alternate solution: postpone the bill for another two weeks, long enough to draft a companion resolution that will outline the scope of the project and set limits on what land is and isn’t considered viable for consideration.

Her colleagues, amenable to that proposal, unanimously voted to postpone.

The bill will next be discussed Jan. 24.

If and when the bill does pass, Department of Public Works Director Steve Pause said the study should take between 18 months and 24 months to complete.

Email Michael Brestovasnky at mbrestovansky@hawaiitribune-herald.com.