LIHUE — It appears the island of Niihau will remain part of the County of Kauai, at least until the end of the decade. Instead of moving forward with establishing a new, independent county, a trio of committees in the
LIHUE — It appears the island of Niihau will remain part of the County of Kauai, at least until the end of the decade.
Instead of moving forward with establishing a new, independent county, a trio of committees in the Senate voted Tuesday to create a five-member working group to study the proposal.
“They’re going to sit down and chat and see what the problems are,” said Sen. Will Espero, chair of the Senate Committee on Public Safety, Intergovernmental and Military Affairs.
The task force would be required to report its findings back to the Legislature prior to next year’s session, according to Espero. And the earliest Niihau could potentially become its own county would be 2020.
Among those who voted in favor of passing the amended bill was Sen. Ron Kouchi, D-Kauai-Niihau.
“Obviously since I cast a ‘yes’ vote something pretty big had to happen,” he said.
Earlier this month, Kouchi was the lone member of the Senate Committee on Transportation and International Affairs to vote against SB 172, a separate but similar bill also aimed at making the privately owned island its own county, under the control of the state Department of Land and Natural Resources.
“This seems to be moving closer to a community-based planning process involving all of the community stakeholders,” Kouchi said in explaining his vote of support Tuesday.
The task force would consist of one person appointed by Kauai Mayor Bernard Carvalho Jr. and one person by Gov. Neil Abercrombie, as well as three residents of Niihau appointed by the Robinson family, which owns the island.
The five-man working group’s job would be to discuss the pros and cons of establishing a new county, as well as other issues related to ocean resources, Kouchi said.
Espero said several of his Senate colleagues have voiced reservations about creating a separate county and that other issues are driving the Niihau discussion and debate.
“(The) two big issues that have come up have been the property taxes — (the Robinsons) feel like they’re getting short changed — and fishing rights,” he said.
Prior to being amended Tuesday, SB 3003 included language that read, “No tax shall be collected in respect to any liquid fuel, including diesel oil and liquefied petroleum gas, shown to the satisfaction of the department to have been sold for use in and actually delivered to, or sold in, the county of Kalawao or the county of Niihau.”
Had the old version of the bill moved forward, the County of Niihau would have included not only the island of Niihau, but nearby Kaula and Lehua as well.
Carvalho said Tuesday he favors a community discussion.
“However, we haven’t been able to access a copy of the revised bill, and I’m concerned about the lack of detail on what the task force would do and the limited number of participants in the process,” he said. “My preference would be to ask DLNR and the County to lead a series of community discussions without putting a limit on the number of stakeholders, with a report due to the Legislature within a reasonable time frame.”
In written testimony related to SB 3003, Niihau owner Keith Robinson expressed his frustration with the large number of bills related to the island that have popped up this session.
“Most unfortunately, these bills have been introduced so suddenly and recently, that neither Niihau’s residents nor its owners have had adequate time to study and consider them,” he wrote. “Therefore, we most gratefully acknowledge the legislature’s attempt to help us in these matters: but we also respectfully beg that some of these bills be deferred until everyone involved has had more time to discuss and consider and comment on them.”
Also among those who submitted testimony against the bill were Kauai County council members Gary Hooser, Mel Rapozo and Ross Kagawa, who said creating a new county would have tremendous impacts on both the County of Kauai and the state.
“What is concerning is that this proposed concept was not thoroughly vetted with the public, and there are many important questions that need to be addressed before a decision is made,” they wrote. “Details regarding the mechanics of establishing a new county, the process of managing a county through the Department of Land and Natural Resources, and the impact it will have on the state are some of the many issues that need to be thoroughly examined.”
The amended version of SB 3003 will now move to the Senate floor.
• Chris D’Angelo, environmental reporter, can be reached at 245-0441 or cdangelo@thegardenisland.com.
