LIHU‘E — The state Legislature starts Jan. 19, 2013, but all counties in Hawai‘i, including Kaua‘i, have been working on their legislative packages for a while. Caught by surprise, members of the Kaua‘i County Council learned Thursday that Mayor Bernard
LIHU‘E — The state Legislature starts Jan. 19, 2013, but all counties in Hawai‘i, including Kaua‘i, have been working on their legislative packages for a while. Caught by surprise, members of the Kaua‘i County Council learned Thursday that Mayor Bernard Carvalho Jr. does not support a repeal of Act 55.
With deadlines fast approaching, the council’s Intergovernmental Relations Committee on Thursday approved a number of measures to be included in the 2013 Kaua‘i County Legislative Package and in the 2013 Hawai‘i State Association of Counties Legislative Package.
County Managing Director Gary Heu surprised the council by stating the administration’s position on Act 55.
“We don’t support … the measure to repeal the act; we prefer to find a way to deal with the existing law, we support work with our legislators, work with the community, work with anyone else who would like to be a part of that, to address the many, many concerns that exist with Act 55,” Heu said.
By having additional funding source for the state Department of Land and Natural Resources, he said, it takes some pressure off the state General Fund and reduces the chance of the state taking away the counties’ share of the Transient Accommodation Tax. For the county of Kaua‘i, the TAT is its second largest source of revenue after real property taxes.
Without Carvalho’s stamp of approval, a bill to repeal Act 55 cannot be included in the county’s legislative package, although it could still be transmitted as part of the council’s own legislative package.
“I have to tell you, this is a little bit of a surprise, and I think this is going to be a surprise to our citizens as well,” Committee Chair KipuKai Kuali‘i said. “In my discussions with them, they felt the mayor would be supporting (the repeal) as well.”
Heu said the administration believes the intent of Act 55 has merit, as it seeks to generate funds to the resource-depleted DLNR.
“The vision of the act has merit; it’s just a matter of how to get there,” he said.
On May 20, 2011, Gov. Neil Abercrombie signed Act 55, which created the Public Land Development Corporation. The PLDC is comprised of five board members, none from Kaua‘i, who have broad powers to allow commercial development on public lands — including 1.8 million acres of ceded lands — while circumventing county zoning laws.
One of the problems is a “general lack of trust” from the community, Heu said, but the county administration is willing to work together with the community and the council to fix the law.
“Our main concern would be the home-rule issue,” said Heu, referring to PLDC’s ability to circumvent county zoning laws to push projects forward.
Council Vice Chair JoAnn Yukimura said if it’s a “home-rule issue,” the law shouldn’t even exist.
She also said the DLNR is a state agency that should be funded well, but not from a separate entity not bound by DLNR’s mission, which seeks to protect, enhance, conserve and manage Hawai‘i’s limited natural, cultural and historic resources — a sharp contrast from developing lands for commercial purposes.
“Should the PLDC commence a project here on Kaua‘i that is not in compliance with any our codes — which the law entitles them to do — is this county, is the administration prepared to file a lawsuit to stop them, if in fact it violates or is not in compliance with the General Plan?” Councilman Mel Rapozo asked Heu.
Heu said “it’s a tough one to answer” without the specific circumstances, but the administration has already started discussion relative to finding perspectives.
The county is currently being sued by the developers of Kaua‘i Beach Resort at Nukoli‘i, because the Transient Accommodation Unit ordinance passed last year blocks the second phase of the project from going forward.
“How do you think those people are going to feel if the PLDC suggests a project here on Kaua‘i on public lands, and they don’t actually follow the TAU limitations?” said Rapozo, adding that the county would be opening the doors to lawsuits. “We’re playing with fire.”
Development parameters set on Kaua‘i, such as density, height limits, special treatments, have been put in place with the purpose of Kaua‘i residents being good stewards of the land; and the administration has asked everyone to comply, Council Chair Jay Furfaro said.
“What does the state have that they feel they couldn’t comply with the existing process?” Furfaro said.
Furfaro said he served together with Heu in the Kaua‘i Planning Commission years ago. Together, they put in place many rules regulating development and making sure they were in compliance with the county General Plan.
“We’re going to spend $2 million in the General Plan, and now there’s going to be a variance for the state,” Furfaro said. “Why do you feel we can’t together support this repeal of Act 55.”
In today’s world, he said, laws guide citizens to where they want to be, but with Act 55, the state is trading the law by the trust in five members of the PLDC.
“That’s pretty scary that it just comes down to trust that five-member commission,” Furfaro said. “I haven’t seen what they are planning to do on my island.”
Heu said he didn’t want the people to misinterpret the administration’s “not supporting the call for repeal as defending the state’s position” — the administration would like to see if there is a possibility to address the concerns, and if can’t be done, ultimately the administration’s position would be supporting the repeal.
Furfaro said there has to be other ways to fund DLNR rather than giving PLDC a “carte blanche” and having double standards.
Councilwoman Nadine Nakamura said earlier in the discussion she would support the repeal, but she was concerned with Abercrombie’s threat to veto it.
“So I am working on amendments to the current state law, based on the comments and concerns that we’ve heard,” Nakamura said.
But Rapozo said there are so many errors that need to be amended that it’s better to repeal the act and start all over again.
Despite being caught off-guard, council members still wanted to find a common ground with the administration.
Yukimura asked Heu if the mayor was willing to adopt a position to repeal the act if it couldn’t be amended to the county’s satisfaction, something to the tune of making it clear that the county wouldn’t bulge on its position to repeal Act 55 unless the law could be amended.
In spite of the administration’s position, the committee approved the inclusion of the proposal in 2013 Kaua‘i County Legislative Package.
The proposal now moves with a recommendation to the full council to approve it, and gives until next Wednesday for the administration to come back before the council and re-state its position on the issue.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
