LIHU‘E — The Public Land Development Corporation wrapped up a series of tense statewide meetings Friday night on Kaua‘i. The meeting was to gather public feedback on rules for the brand new organization that could potentially alter the face of
LIHU‘E — The Public Land Development Corporation wrapped up a series of tense statewide meetings Friday night on Kaua‘i. The meeting was to gather public feedback on rules for the brand new organization that could potentially alter the face of many of Hawai‘i’s untouched natural resources by circumventing local zoning ordinances to allow private or public development.
Community members on each island showed an overwhelming opposition to PLDC, and asked for Act 55, which allowed the creation of the corporation, to be repealed.
“During the past 10 days you’ve heard people throughout the state expressing their anger, frustration and outrage over the creation of the PLDC,” said Judy Dalton, a board member of the Kaua‘i Chapter of Sierra Club. “Now that legislators and the governor have watched and heard the eloquent and heart-felt testimony of their constituents throughout the state asking for Act 55 be repealed, some legislators who voted ‘yes’ previously, have come to realize the ramifications of their earlier decision and are now eager to repeal it.”
PLDC Executive Director Lloyd Haraguchi and Program Officer Randi Ikeda took the heat in name of the PLDC board members from all but one of the roughly 50 speakers at Wilcox Elementary School cafeteria. Even before Haraguchi had opened the meeting for public testimony, several of the approximately 200 people at the meeting kept interrupting him, shouting slogans and voicing passionate feelings against PLDC.
One of the main frustrations voiced by the community from the get-go was that none of the five board members attended the meeting, specially because they are the ones who will supposedly be making decisions as to where development may or may not be allowed. Haraguchi attended the statewide meetings as a hearings officer, who will bring information back to the board.
The corporation was created last year after the state Legislature passed Senate Bill 1555, which Gov. Neil Abercrombie signed into Act 55. Haraguchi said the intent of creating the PLDC was that it would be able to generate additional revenues for the state Department of Land and Natural Resources by developing under-utilized or unused public lands.
What Haraguchi didn’t say, but many who testified were aware of, was that 97 percent of those public lands are ceded, or crown lands, amounting to roughly 1.8 million acres that are part of a century-long controversy over ownership. The Office of Hawaiian Affairs would receive 20 percent of gross income from those lands, and PLDC would also receive some net revenues.
“The state of Hawai‘i has no rights to create an autonomous entity to decide on the fate of the ceded lands,” said Emma Palumbo, adding that only Native Hawaiians have that right.
Haraguchi said the corporation is not exempt from federal laws, neither state environmental laws nor historic preservation laws. “I hope this is real clear,” he said.
But the person who orders Environmental Impact Statements in Hawai‘i, Gary Hooser, director of the state Office of Environmental Quality Control, was sitting in the audience. Later in the evening he spoke, debunking Haraguchi’s earlier statement.
To say that the state environmental laws are not exempted, Hooser said, is a mislead. The way the PLDC is able to circumvent some rules makes the state environmental laws the same as a “paper tiger,” he said.
Speaking on his behalf rather than on his capacity as OEQC director, Hooser said he doesn’t trust the process and called for Act 55 to be repealed.
Haraguchi also said the PLDC is committed to working with the counties regarding zoning and permitting requirements to conform the projects to the counties’ guidelines. To many, this was euphemism for the PLDC being exempted from seeking county zoning and other permits.
Carl Imparato, president of the Hanalei Watershed Hui Board of Directors, said the hui “fundamentally disagrees” that PLDC should be exempt from compliance with county general plans, zoning ordinances and subdivision rules and with Hawai‘i Revised Statutes Chapter 205’s land use rules and requirements.
“Without the checks and balances that are inherent in compliance with existing land use laws, permitting processes and administrative procedures, there is very little possibility that decision-making by the PLDC can be decision-making in the public interest,” Imparato said.
Hooser and Imparato were some of the few who specifically addressed the rules, as requested by Haraguchi at the beginning the meeting, which lasted more than three-and-a-half hours.
The majority of speakers chose to attack the PLDC board and the creation of Act 55 itself, calling it unconstitutional.
“Through this act, (Gov.) Neil Abercrombie has eliminated the facade that he upholds Hawai‘i’s constitution: He needs to go,” said Lihu‘e resident Elaine Dunbar, calling for Abercrombie’s impeachment along with the “inevitable repeal of this illegal act.”
Dunbar said PLDC and Abercrombie, “in felony-level conspiracy,” appear to have embezzled at least $130,000 from DLNR and Hawai‘i’s taxpayers to pay for the statewide meetings.
Dalton had higher numbers. She said Haraguchi was part of “a corporation which uses public funds to assist in development, including the $300,000 taken from Legacy Lands Funds to pay for PLDC.”
Those funds, Dalton said, were designated to acquire cultural, natural, agricultural, historical and recreational resources that would be lost when private lands are sold and developed.
“Now, in stunning irony, that money designated to save private land from development is being used to give away public lands so they can be developed.”
Dalton and a large chunk of public speakers called for a moratorium on Act 55 until the next Legislature convenes and possibly takes a second look at Act 55. Hawai‘i’s annual legislative session goes from January to May.
Many of the testifiers questioned why five board members were entitled to make decisions that will affect all in Hawai‘i. One of the speakers said only three people are actually needed to make those decisions, since all that is required for approval of projects is a simple majority.
“I cannot support this for the sake of my children,” Anahola resident Bruce Kaiwi told Haraguchi and Ikeda. “I think this is wrong and I think you should all be ashamed of what you are doing.”
Slowly, speakers began to turn their anger on to Kaua‘i’s state legislators who voted for the law. The first one was Carl Berg, who said he was “very upset” that Sen. Ron Kouchi, D-Kaua‘i, Ni‘ihau, and Rep. Jimmy Tokioka, D-15th District supported it. Then Westside’s Gordon LaBedz said that Kaua‘i voted Kouchi and Tokioka in and needs to vote them out.
Ku‘ulei Santos, whose family harvests salt in Salt Pond, also lashed at Rep. Derek Kawakami, D-14th District. But she saved most of her criticism to the absent PLDC board, an entity she said can approve developments on Kaua‘i, even though none of their members even live here.
Puanani Rogers called the PLDC creation something similar to the overthrown of the Hawaiian Kingdom at the end of the 19th century.
“This Act 55 is a slap in the face,” said Keola Worthington, adding that it means stealing the land again from Hawaiians. “They did it illegally (in the overthrown of the kingdom) and now the are doing it legally.”
Johnatan Jay said the issue is “galvanizing” a lot of people in the community. He urged the public to call in during his radio show at KCCR each Thursday, from 4 to 6 p.m.
“I don’t think this is the end of the conversation, this is just the beginning,” said Jay, one of the last speakers of the night.
After absorbing many irate comments since 6 p.m., and before exiting the cafeteria at Wilcox school past 9:30 p.m., Haraguchi let out a smile for the first time Friday night. Some of those who had spoken borderline confrontational during the meeting, such as Westside’s Joe Manini, walked up to Haraguchi and offered a handshake.
After enduring more than 10 days of island-hopping, the information Haraguchi is supposed to bring back to O‘ahu, that the community thinks Act 55 is unconstitutional, immoral and should be repealed, may not be what the five board members — Kalbert Young, Duane Kurisu, Mary Alice Evans, William Aila Jr. and Robert Bunda — would want to hear.
Haraguchi said he will be putting all the information together and will be making a presentation to the board.
Meanwhile, written testimony can be sent until Sept. 14 to joy.y.kimura@hawaii.gov or to PLDC P.O. Box 2359, Honolulu, HI 96804.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
