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Controversial Public Lands Development Corporation Abolished – Lawmakers Vote to Repeal Legislation That Created the Corporation

The Hawaii House of Representatives today unanimously passed HB1133, SD2 that repeals the Public Land Development Corporation (PLDC). The bill now heads to the Governor for his consideration.

capitalThe PLDC was created in 2011 to develop state lands through public-private partnerships and generate revenues for the Department of Land and Natural Resources.  However, growing public concern over the corporation’s broad exemptions from land use laws, county zoning laws, and construction standards erupted into strong, statewide opposition and calls to repeal the PLDC.

Early in the 2013 legislative session, Hawaii Island Representative Cindy Evans (North Kona, North Kohala, South Kohala) introduced HB1133 calling for an outright repeal of the PLDC. The bill was unanimously approved by the House and sent to the Senate where it was also approved.

Evans noted that by repealing the PLDC, lawmakers today changed the work of the 2011 Legislature.”I believe we have listened to the people and responsibly debated HB 1133.  This vote today is a vote for ethical management of our natural resources,” Evans said.

House Majority Leader Scott Saiki (McCully, Kaheka, Kakaako, Downtown) voted against the original 2011 legislation that created the PLDC.  Today, in voting to repeal the corporation he said, “We know that government plays a pivotal role in facilitating economic development, but that entails responsible development.  The PLDC failed because it went too far and unchecked.”

Several other members of the House also spoke in strong support of the bill with many of them citing repeal as the right thing to do, including Hawaii Island and first year Representative, Nicole Lowen (Kailua-Kona, Holualoa, Kalaoa, Honokohau).

“Society is healthiest when its citizens are confident their leaders are acting in their interest and this repeal is a step in the right direction,” Lowen said.

 

Decision Making on PLDC Bills to Come on Monday

The Committees on Water & Land (WAL) and Finance (FIN) heard 6 bills relating to the Public Land Development Corporation (PLDC). There was a large turnout for the hearing, with testimony being heard well into the afternoon. The Committees will reconvene for Decision Making Monday at 1:30pm in Conference Room 325.

capital

Following today’s public hearing, WAL Chair Cindy Evans (North Kona, North Kohala, South Kohala) said, “the public, in oral and written testimony, voiced its displeasure with the PLDC with an overwhelming number of people calling for repeal of the act. We will have our recommendation on the best way to move forward on Monday afternoon.”

A bill relating to public school redevelopment, which Governor Abercrombie personally delivered testimony on, was also heard at this morning’s hearing. WAL and FIN were joined by the Committee on Education to hear HB865. Decision Making on the bill was also deferred to Monday at 1:30pm.

Hearing Scheduled for PLDC Bills

Hearing Scheduled for PLDC Bills

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WHAT: The Committees on Water & Land (WAL) and Finance (FIN) will be hearing 6 bills relating to the Public Land Development Corporation (PLDC) and will be joined by the Committee on Education (EDU) to hear a bill relating to public school redevelopment. Decision making will follow.

WHEN:  Saturday, February 9, 2013, 9:00 A.M.

WHERE:  Hawaii State Capitol Auditorium

WHY:  The public has voiced serious concerns with the PLDC and the Legislature has taken swift action in hearing these bills, which represent a variety of options to comprehensively address the issue.

WHO:  WAL Chair Cindy Evans, Vice Chair Nicole E. Lowen, FIN Chair Sylvia Luke and Vice Chairs Scott Y. Nishimoto and Aaron Ling Johanson will be joined by members from their respective committees to hear the bills.

The hearing will be broadcast live on Olelo, Channel 54.

The notice posted below contains the bills on Saturday’s agenda as well as links to submit online testimony.

http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_WAL-EDN-FIN_02-09-13_.HTM

 

Commentary and Timeline of the PLDC Decision by Big Island Resident Glenn Shiroma

I received the following from Big Island Resident Glenn Shiroma on the PLDC decisions that have been going on:

Please be advised of the following:

(1)  Governor Abercrombie failed to approve PLDC public hearing for Tuesday, November 13, 2012.  See attached Public Hearing Memo

(2) PLDC proposed Hawaii Administrative Rules Chapters 301 and 302 violated Administrative Directive 09-01 for rule-making.

a.  PLDC failed to comply with HRS Chapter 91-4.2 Ramseyer Format whereby [deleted] was not used.

http://hawaii.gov/lrb/research.html

b.  Chapter 301, pdf page 38, should stated Approval for Public Hearing with Deputy AG signature.

http://hawaii.gov/dlnr/pldc/rules/pldc-chapter-13-301-proposed-121002.pdf

c.  Chapter 302, pdf page 48, should state Approval for Public Hearing with Deputy AG Signature.

http://hawaii.gov/dlnr/pldc/rules/pldc-chapter-13-302-proposed-121002.pdf

(3)  On Tuesday, November 13, 2012, many testifiers complained about hold the public hearing ONLY on Oahu.  On Thursday, November 5, 2012, Lloyd Haraguchi stated PLDC is short of funds to go out statewide.  See attached Public Hearing Notice for Nov 13

(4)  SLH 2012, Act 241 signed on July 6, 2012

Small Business Regulatory Review Board; Administrative Rules; Board Membership
Description: Authorizes the small business regulatory review board with good cause to request a written response from the agency explaining the rationale used to deny the public concerns; establishes requirements to be included in the written response; reduces the size of the board from eleven to nine members, with the director of business, economic development, and tourism, or its designated representative, to serve as an ex officio voting member of the board; and requires each agency to notify the board on an annual basis of any rules that should be amended or repealed to reflect statutory amendments or repeals. (CD1)

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2739

(5)  SLH 2012, Act 282 signed on July 6, 2012

PLDC; Stadium Facilities Special Fund
Description: Transfers development rights of certain lands under the division of boating and ocean recreation and land division to the public land development corporation. Exempts certain lands from the definition of public land under chapter 171, HRS, but requires legislative approval for the sale or gift of those lands. Creates the stadium facilities special fund into which shall be deposited a portion of the proceeds generated by the PLDC on Aloha stadium lands and facilities. Allows the PLDC to contract with state and county agencies for lease management services of PLDC-controlled land. Clarifies the definition of development rights. (SD1)

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2398

(6)  PLDC Hawaii Sunshine Law complaints:

a. Public Hearing held on July 25, 2012  (S INVES-P 13-3)

b. Public Hearing held on September 20, 2012 (S INVES-P 13-2)

c.  Public Hearing held on October 11, 2012 (S INVES-P 13-4)

(7)  OIP’s Interpretation of HRS Chapter 91, §92-7 Notice:

(e) The board shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection (b). [L 1975, c 166, pt of §1; am L 1976, c 212, §2; am L 1984, c 271, §1; am L 1985, c 278, §4; am L 1995, c 13, §2; am L 2012, c 177, §2]

http://www.state.hi.us/oip/Sunshine%20Law%20Notice%20Quick%20Review.pdf

With all of the above being said..

(1)  The above are some of the  “talking points” that maybe heard on Carrol Cox Show, Sunday, November 21, 2012.

http://carrollcox.com/Show111812.htm

(2) Today, November 21, 2012, PLDC public hearing for November 28, 2012 agenda will be coming out.  The content of the public hearing agenda will demonstrate if  malfeasance  will be committed, AGAIN.  (Emphasis Added)

If there are any questions, please do not hesitate to inquire with the PLDC board members and/or those that are copied..

Glenn Shiroma  :-X
Big Island

Governor Abercrombie Asked PLDC Board to Temporarily Defer Action on Pending Rules

Governor Neil Abercrombie today asked the Public Land Development Corporation (PLDC) Board of Directors to temporarily defer action on pending rules while public concerns about the agency are fully considered and addressed. Additionally, the Governor directed the state Department of Land and Natural Resources (DLNR), to which the PLDC is administratively attached, to facilitate meetings with stakeholders.

“I have asked the PLDC board to postpone any meeting dates and adoptive actions until those concerns are fully taken into consideration,” said Governor Abercrombie. “I do not want the potential for the PLDC to accomplish public good to be lost because of a failure to account for reservations about either the process or the outcome. I have asked DLNR Chairperson William Aila to meet with stakeholders to address the PLDC’s administrative rules and the rule-making process before moving forward.”

The meetings conducted by Chair Aila will be done with full accountability and transparency, and with the understanding that if public concerns cannot be adequately addressed, then a legislative process may be appropriate.

“We will do our best to alleviate public concerns; however, the PLDC is the creation of the Legislature and lawmakers will ultimately be the ones to decide its future,” said Governor Abercrombie.

Established in 2011 by the Hawaii State Legislature, the PLDC’s purpose is to create and facilitate partnerships between state and county agencies, businesses, non-profits, and community groups to improve Hawaii’s communities, create jobs and expand public benefit through stewardship and responsible use of land resources.

Currently, the PLDC is completing a public review process, mandated by law, to formulate its administrative rules. Last summer, the PLDC conducted statewide public hearings on draft rules and encountered concerns from the public and community groups that followed the initial passage of the law.

The PLDC staff worked with legislative proponents to complete a strategic plan to better define its scope, dispel myths and facilitate continued review of its draft rules. The PLDC has also proposed amendments to its draft rules based on public input and held an additional public hearing on Nov. 13 to provide further opportunity for public comment.

“It is the responsibility of PLDC staff to follow through with the public commentary process, and personal attacks which have characterized some of the testimony are, in my opinion, misdirected and unproductive,” added Governor Abercrombie. “We’ve heard the concerns and now need to focus on productive dialogue with stakeholders before proceeding.

“The PLDC has the potential to support new schools, recreational facilities and operations by using public lands for public purposes that otherwise may not have had sufficient funding. We will continue to work closely with the Legislature and all interested parties involved to do what is best for the people of Hawaii.”

To view a “frequently asked questions” webpage about the PLDC, visit this link.

Public Land Development Corporation Concluding Statewide Public Hearings on Proposed New Hawaii Administrative Rules

Public Land Development Corporation to Conclude Public Hearings on Proposed New Administrative Rules – Agency is subject to state and federal environmental, historic preservation laws.


The Public Land Development Corporation (PLDC) this week will conclude statewide public hearings to obtain community input on the adoption of new Hawai‘i Administrative Rules (HAR) affecting the PLDC and potentially small businesses.

Lloyd Haraguchi, executive director for the PLDC, stated: “Our vision is to improve and ensure that public land is maintained for the people of Hawai‘i; and to create public-private partnership that yield economic, environmental or social benefits and be culturally sensitive and appropriate for the communities they serve.”

Haraguchi noted that many people attending the hearings to-date have misconceptions about why the PLDC was established and how it observes environmental laws.

He explained: “The PLDC is not exempt from federal laws, state environmental impact laws, nor state historic preservation laws. The PLDC is committed to working with county zoning and permitting requirements to ensure that its projects conform to county guidelines. PLDC is committed to doing what is pono for the people and the state; always being sensitive to the environment and culture of Hawai‘i.”

One of the public concerns that has been raised was that the PLDC may waive its rules. However he said this provision ONLY applies to Chapter 301, Rules of Practice and Procedure, and is in place to enable the PLDC Board to have greater flexibility in accepting testimony from the public. It does not apply to Chapter 302, Public Land Development Program, nor Chapter 303, Project Facility Program.

Haraguchi said one frequent question that has been raised is whether OHA will receive any of the revenue from PLDC projects on ceded lands.

“The answer is yes. Lands under the PLDC are subject to the same requirements regarding payments to OHA as are other state lands.”

The PLDC was created by the state Legislature to help generate additional revenues for Department of Land and Natural Resources (DLNR) by developing under-utilized or unused public land; this revenue-generating ability also exists within other state agency/department, such as the Department of Education or county governments.

Haraguchi said that community involvement and input is being sought on development proposals for any project to address the issues and concerns of the community in order to improve the communities that it serves.

Remaining public hearings will be held from 6 to 8 p.m. at the following times and locations:

MOLOKA‘I: Monday, August 27, at Mitchell Pau‘ole Community Center, 90 Ainoa St., Kaunakakai, HI 96748;

O‘AHU: Wednesday, August 29, at Department of Land and Natural Resources, Kalanimoku Building, Land Board Conference Room 132, 1151 Punchbowl St., Honolulu, HI 96813; and

KAUA‘I: Friday, August 31, at Elsie H. Wilcox Elementary School, 4319 Hardy St., Lihu‘e, HI 96766.

Hearings have already been held in Hilo, Kona, and on Maui. A news release to announce the schedule of hearings was first issued on August 9, 2012.

All interested persons are urged to attend the public hearing in their area to present relevant information and individual opinion for PLDC to consider. Persons unable to attend or wishing to present additional comments may e-mail comments to randal.y.ikeda@hawaii.gov or postmark written testimony by Friday, September 14, 2012, to: PLDC, P.O. Box 2359, Honolulu, HI 96804.

More information on the PLDC is available at www.hawaii.gov/dlnr/pldc.
Copies of the proposed rules change are available online at http://hawaii.gov/dlnr/pldc/rules.

Copies for public review are available Monday through Friday, from 8 a.m. to 4 p.m., at No. 1 Capitol District, 250 S. Hotel St., Room 501, Honolulu, HI 96813. The public may make written request for a mailed copy by indicating mailing address in correspondence sent to the PLDC address in the preceding paragraph.

Any person requiring a special accommodation (i.e. large print materials, sign language interpreters) should make a request in writing to the PLDC address in the preceding paragraph or by calling 587-0393 (V/T). The request will need to be received at least seven days before the hearing date.

BACKGROUND – WHAT THE PROPOSED RULES WILL DO:
The proposed adoption of a new Chapter 13-301, HAR, Practice and Procedure establishes operating procedures for the PLDC. It contains general provisions relating to the office location and hours, board meetings, and delegation of authority to the Executive Director; and sets forth procedures for proceedings before the board, contested case hearings, declaratory rulings, and petitions for amendment, adoption, or repeal of administrative rules.

Proposed adoption of a new Chapter13-302, HAR, Public Land Development Program sets forth a procedure for the PLDC to initiate, by itself or with qualified persons, or enter into cooperative agreements with qualified persons for the development or financing of projects that make optimal use of public land for the economic, environmental, and social benefit of the people of Hawai‘i.

Proposed adoption of a new Chapter 13-303, HAR, Project Facility Program establishes a procedure for undertaking and financing any project facility as part of a project. Project facilities include improvements, roads and streets, utility and service corridors, utility lines, water and irrigation systems, lighting systems, security systems, sanitary sewerage systems, and other community facilities where applicable.

ABOUT PLDC: The Public Land Development Corporation was formed after the state Legislature passed Senate Bill 1555, which was signed into law as Act 55 by Governor Neil Abercrombie. The corporation is governed by a five-member board of directors. Its executive director is Lloyd Haraguchi. Three state agencies are represented on the board either by its director or their designee. The agencies include the Department of Business, Economic Development and Tourism; the Department of Budget and Finance; and the Department of Land and Natural Resources. One member is appointed by the Speaker of the House of Representatives, and one member is appointed by the Senate President.

Public Land Development Corporation To Hold Public Hearings On Proposed New Administrative Rules

The Public Land Development Corporation (PLDC) will hold statewide public hearings, starting Monday August 20, for adoption of new Hawai‘i Administrative Rules (HAR) for the PLDC. Some provisions may affect small business.

Lloyd Haraguchi, Executive Director for the PLDC, stated: “The upcoming public hearings are an opportunity to inform the public about the PLDC’s mission, objectives and priorities. We welcome public participation and encourage individuals to utilize this opportunity.”

The proposed adoption of a new Chapter 13-301, HAR, Practice and Procedure establishes operating procedures for the PLDC. It contains general provisions relating to the office location and hours, board meetings, and delegation of authority to the Executive Director; and sets forth procedures for proceedings before the board, contested case hearings, declaratory rulings, and petitions for amendment, adoption, or repeal of administrative rules.

Proposed adoption of a new Chapter13-302, HAR, Public Land Development Program sets forth a procedure for the PLDC to initiate, by itself or with qualified persons, or enter into cooperative agreements with qualified persons for the development or financing of projects that make optimal use of public land for the economic, environmental, and social benefit of the people of Hawai‘i.

Proposed adoption of a new Chapter 13-303, HAR, Project Facility Program establishes a procedure for undertaking and financing any project facility as part of a project. Project facilities include improvements, roads and streets, utility and service corridors, utility lines, water and irrigation systems, lighting systems, security systems, sanitary sewerage systems, and other community facilities where applicable.

Public hearings will take place from 6 to 8 p.m. at the following times and locations:

  • HILO: Monday, August 20, at Waiakea High School Cafeteria, 155 West Kawili St., Hilo, HI 96720
  • KONA: Tuesday, August 21, at Konawaena High School Cafeteria, 81-1043 Konawaena School Rd., Kealakekua, HI 96750
  • MAUI: Friday, August 24, at Maui Waena Intermediate School Cafeteria, 795 Onehe‘e St., Kahului, HI 96732
  • MOLOKA‘I: Monday, August 27, at Mitchell Pau‘ole Community Center, 90 Ainoa St., Kaunakakai, HI 96748
  • O‘AHU: Wednesday, August 29, at Dept. of Land and Natural Resources, Kalanimoku Building, Land Board Conference Room132, 1151 Punchbowl St., Honolulu, HI 96813
  • KAUA‘I: Friday, August 31, at Elsie H. Wilcox Elementary School, 4319 Hardy St., Lihu‘e, HI 96766.

All interested persons are urged to attend the public hearing to present relevant information and individual opinion for PLDC to consider. Persons unable to attend or wishing to present additional comments may email comments to randal.y.ikeda@hawaii.gov or postmark written testimony by Friday, September 14, 2012 to: PLDC, PO Box 2359, Honolulu, HI 96804.

More information on the PLDC is available at http://www.hawaii.gov/dlnr/pldc Copies of the proposed rules change are available on-line at http://hawaii.gov/dlnr/pldc/rules.

Copies for public review are available Monday through Friday, from 8 a.m. to 4 p.m., at No. 1 Capitol District, 250 S. Hotel St., Room 501, Honolulu, HI 96813. The public may make written request for a mailed copy by indicating mailing address in correspondence sent to the PLDC address in the preceding paragraph.

Any person requiring a special accommodation (i.e. large print materials, sign language interpreters) should make a request in writing to the PLDC address in the preceding paragraph or by calling 587-0393 (V/T). The request will need to be received at least seven days before the hearing date.

ABOUT PLDC: The Public Land Development Corporation is a state entity created by the Legislature in 2011 to develop state lands and generate revenues for the Department of Land and Natural Resources. Through public-private partnerships, the corporation aims to attract private companies as joint partners in development opportunities.

The corporation was formed after the Legislature passed Senate Bill 1555 which was signed into law as Act 55 by Governor Neil Abercrombie. The corporation is governed by a five-member board of directors. Executive director is Lloyd Haraguchi. Three state agencies are represented on the board either by its director or their designee. The agencies include the Department of Business, Economic Development and Tourism; the Department of Budget and Finance; and the Department of Land and Natural Resources. One member is appointed by the speaker of the House of Representatives, and one member is appointed by the Senate president.