Tag Archives: Public Land Development Corp

Testimony needed PLDC Dirty Dozen Bills to be heard tomorrow in WAM

Submit your Comments to WAM today.  For more information click here.

ACTION ALERT – Testimony needed – PLDC is back

This is not a position of the Democratic Party of Hawaii.  It is information provided by Hawaii Thousand Friends.

 

Thanks to Hawaii Thousand Friends we have the following information: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:   

Senators by Island  

 See article on PLDC-like SB 215:       

“New Development Authority Moves a Step Closer to Reality”  

SB 215 SD2 Relating to Economic Development (Dela Cruz, Chun Oakland, Kidani, Solomon) creates the Public-Private Partnership Authority.

http://www.capitol.hawaii.gov/session2013/bills/SB215_SD2_.pdf

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 PLDCSB 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 PLDCSB 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 requirementson 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 landssomewhere 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)http://www.capitol.hawaii.gov/session2013/bills/SB1027_SD1_.pdf Exemptsany 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 withcounty 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)http://www.capitol.hawaii.gov/session2013/bills/SB1171_SD1_.pdfSB 1171 SD1is 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.”

 

PLDC important update

For those of you who are not yet aware the Public Land Development Corporation is an agency mandated to maximize economic development projects on State Land.  Their projects are exempt from any permitting or zoning regulations.  This is among the worst legislation ever passed by the State.

Senator Thielen just announced that SB707 will be amended to make it a clean repeal bill.  We need to support this legislation provided promises are kept.

To see Senator Thielenʻs announcement click here

This is a powerful change in Senate attitude from blocking repeal to supporting it.  Thank you Senator Thielen for you hard work and negotiating skills.

PLDC Leg Tracking as of 2/8/13

Senator Solomon refused to hear any of the PLDC bills assigned to her Water, Land and Housing Committee.  If she does the same when the House legislation crosses over the issue of the Public Land Development Corporation will be dead.  It is a tragedy when our right to discuss a critical public issue can be stopped by one legislator.

This is the status of the PLDC bills at this time. All Senate Bills are dead.  The House PLDC Bills will be heard tomorrow (Saturday) at 9AM in the Capitol Auditorium.  See the legislative details by clicking here.

Come and let you legislators know you think Act 55 must be repealed.

 

Repeal Act 55

The following post represents the position of the Environmental Caucus of the Democratic Party and is not an official position of the Democratic Party of Hawaii.

The House of Representatives is hearing a number of bills about the Public Lands Development Corporation tomorrow (Saturday). You can submit testimony simply by sending in an email (if this link doesn’t work, the email addresses are below). Suggested talking points are also below. Please include your name, the bill number you are supporting/opposing, and the date/time (Saturday, February 8, 9:00 a.m.).

I’m supporting HB 1133 and HB 589 as the two bills that would repeal the PLDC. I’m also opposing HB 942, HB 219, HB 593, and HB 1134 because they don’t repeal the PLDC.

But if you want to have a lot of fun, please join us in appearing in person. We’ll be at the State Capitol in the auditorium (located on the very bottom floor, near the parking area). Politicians are easily influenced by large groups of people. Let’s have a party together and make sure our voices are heard!

Environmental Caucus testimony follows:

Act 55 creates the Public Land Development Corp.(PLDC). The PLDC is mandated to maximize the dollar return from public lands.  Their mission is to enter into public/private partnerships to maximize the economic return from public lands.  Their focus is on tourist development.

So far so good.  Public/Private partnership have many benefits. But Act 55 his deeply flawed and must be repealed.

1. Act 55 exempts the PLDC from all permitting requirements including county zoning laws and building permits.  There is no reason government projects should be exempted from our laws designed to make sure all projects are will planned and designed.

2. Act 55 exempts the PLDC from the government procurement process.  This opens the door to fraud and corruption. 

3. Act 55 gives DLNR two Boards of Directors.  The PLDC can initiate projects which ignore the BLNR land use management plans.  The PLDC can do whatever it wants on public lands without significant citizen over site and without any consideration of existing management plans.

4. The Board of the PLDC is made up of 5 individuals whose expertise is in land development.  There are no land managers of cultural practitioners on their board.  Absolute control over all public land is tremendous power to give five people.

5. The PLDC has the authority to define the adjoining land owners who benefit from their development and assess their property for the cost of development infrastructure.  This places the infrastructure development costs on property owners rather on than on the developers.

There is much more wrong with Act 55 but I donʻt want to write a book.  Act 55 must be repealed and we must start over with proper safeguards and with public participation in the discussion.  You know that the legislation resulting in Act 55 was amended at the last minute and even most legislators didnʻt realize the changes when they voted.

Supporters of Act 55 say the weaknesses in the Act can be correct in rule making.  As legislators you understand that legislation provides the legal framework that guides Government.  Rules are immaterial when the enabling legislation is flawed.

Act 55 is deeply flawed and must be repealed.  However, while the community focuses on the PLDC the Administration has introduce legislation to create the HLDC.  The HLDC as proposed will be the PLDC on steroids.

Watch all proposals to eliminate permitting requirements from public project.  The Governorʻs efforts to expedite his projects without permitting “interference” must be stopped.

You can submit email testimony here:

WALtestimony@capitol.hawaii.gov

EDNtestimony@capitol.hawaii.gov

FINtestimony@capitol.hawaii.gov

For more information about the Public Lands Development Corporation, please see GrandTheftAina.com.

PLDC repeal in jeopardy

This is not a position of the Democratic Party.  The Environmental Caucus supports repeal of Act 55 which created the Public Land Development Corporation.

The PLDC has the authority to sell State land and enter into long term leases on ceded land that is protected by the Constitution with no public oversite.  The PLDC can over ride the land management initiatives of the DLNR essentially turning DLNR into a real estate development agency.  The PLDC projects are excempt from any environment, Hawaiian Cultural and even County planning, building code and zoning regulations.  PLDC. at their discretion may hold one public hear on a project.  The may enter into a public/private partnership to facilitate any project without going to bid.

Supporters of Act 55 claim that the short commings of Act 55 can be corrected in the Rules developed by the PLDC to guide its operations.  In fact, only the law matters.

Senator Solomon introduced the legislation in the Senate that creating Act 55.  Now she is blocking all efforts to repeal this terrible legislation.

This introduction is authored by Bill Sager.  The following is thanks to Hawaii Thousand Friends:

ACTION NEEDED

Friday 2/2/13 on the Senate floor, Senator Malama Solomon, Chair of the Water and Land Committee, said that she will not hold a hearing on any of the Senate repeal PLDC bills, and that she will wait to see what crosses over from the House. 

The problem with this strategy is:  if a House repeal PLDC bill crosses over to the Senate but no Senate repeal PLDC bill crosses over to the House, the Senate committee chair can choose to not hold a hearing on any House repeal PLDC bill or can hold a hearing but not have a vote on the bill, thus making a repeal PLDC bill dead on arrival.

Act NOW. 

Contact Senate President Donna Mercado Kim  senkim@Capitol.hawaii.gov

and also contact your Senators and let them know you want the Senate to hear bills that will repeal PLDC.

Senators by Island 2013

List of all Senate repeal PLDC bills :

SB 1 – Introduced by Hee

http://www.capitol.hawaii.gov/session2013/bills/SB1_.htm

SB 245 – Introduced by L. Thielen, Baker, Ihara, Ruderman, Slom

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=245  

SB 338 – Introduced by Keith-Agaran, Baker, English

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=338  

SB 480 – Introduced by English

http://www.capitol.hawaii.gov/session2013/bills/SB480_.htm

SB 663 – Introduced by Green, Ruderman

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=663

SB 780 – Introduced by Slom

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=780

SB 958 – Introduced by Kim

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=958

 

Hearing re: Public Land Development Corporation

This article does not reflect the official position of the Hawaii Democratic Party

Repeal of the Act 55 which created the Public Land Development Corporation (PLDC) is among the highest priorities of the Environmental Caucus.  This is an important hearing because it takes a comprehensive look at the PLDC and the legislation that has been introduced to either repeal or amened the PLDC.

Act 55 creates the PLDC and gives it powers to enter into public/private partnerships to develop state land to maximize tourism.  It gives the PLDC unlimited power to sell or enter into 85 year leases with developers.  It can do this with out a bid and without public review.  Act 55 excludes the PLDC from any permitting requirements and requires only one public hearing.  The PLDC has the right to designate the area around their development which will benefit from the development and access the landowners within that area with a tax to pay for the infrastructure required by the development.  Land owners who cannot pay the assessment will loose their property.

The administration says these problems will be addressed by the rules the PLDC develops to govern its activities.  Attorneys who have reviewed the law tell us that rules are much easier to change and only what is in the law really matters.

The bottom line is Act 55 is deeply flawed and should be repealed.  At the very least, Act 55 must be amended to provide for transparency and removed the exemption from permitting requirements.

If you cannot give testimony personally, pleae email your testimony to the committees assigned to hear the bills you are interested in.  Go to capitol.hawaii.gov and register.  Once registered, you can track bills, get hearing notices and submit testimony.  If you have questions, call the Public Access Room at 587-0478

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Press release announcing hearing.

House of Representatives Takes First Step to Address the Public Land Development Corporation

The House Committee on Water and Land has scheduled a hearing on Saturday, February 9, 2013 regarding the abolishment of the Public Land Development Corporation or alternatives to achieve the original intent to generate revenue from public land.

In response to public frustration over the manner in which the Public Lands Development Corporation was created, how its rules were promulgated, the broad powers granted to the organization, and the lack of public input and participation in that process, the House Committee on Water and Land will be hearing bills that will either repeal the Public Land Development Corporation altogether, amend, or start from scratch and create a new agency that will provide far greater community input and oversight.

“As the Chair of Water and Land I am approaching the issue from the standpoint of repeal,” said Rep. Cindy Evans (District 7, North Kona, North Kohala, South Kohala). “The PLDC cannot exist as is, something has to change; however, I am open to options and the most compelling argument will move forward.”

Rep. Nicole Lowen (District 6, Kailua-Kona) Vice-Chair of the Committee on Water and Land stated, “My community has expressed serious concerns about the PLDC, particularly about exemptions from planning, zoning and environmental laws. This legislation was passed with very little public oversight the first time around, and, this time, the public deserves to have a voice in the political process.”

“The people I have spoken with on Maui who understand the implications of PLDC support a full repeal. While I recognize the need for increased DLNR revenue and improved public land efficiencies, we must achieve these goals without posing a threat of undermining public input or skirting environmental regulations” said Rep. Kaniela Ing (District 11, South Maui). “The people, especially on the neighbor islands, are saying “try again” – we, as lawmakers, need to listen to them.”

Contact:
Office of Representative Cindy Evans 808-586-8510