House Scheduled to Vote on Bill to Repeal Public Land Development Corporation

House Scheduled to Vote on Bill to Repeal Public Land Development Corporation

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WHAT:  The House of Representatives will vote tomorrow on HB 1133 which repeals the Public Land Development Corporation.

WHEN:  Thursday, February 14, 2013, 12 noon

WHERE:  House Chamber

WHY:  The public has voiced serious concerns with the PLDC and the House has made it a priority to address the issue as quickly as possible.

WHO:  House Speaker Joe Souki and WAL Chair Cindy Evans will be available to media following the session.  Please meet on the Mauka side of the House Chamber.

 

 

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.

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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

 

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.

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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.”

 

Governor Abercrombie’s Statement Regarding the Public Land Development Corporation

In November, Gov. Neil Abercrombie deferred action on pending administrative rules of the Public Land Development Corporation (PLDC) to fully consider and address public concerns about the agency. Gov. Abercrombie directed the state Department of Land and Natural Resources (DLNR), to which the PLDC is administratively attached, to facilitate the meetings with stakeholders.

abercrombieheaderGov. Abercrombie today stated:

“With many others, I believe in the legislative intent of Act 55, which has the potential to support using public lands for public purposes that otherwise will not have sufficient funding. 

“However, after reviewing the information compiled by the DLNR and suggested rule and regulation proposals, I believe the administrative rules process may not be able to reconcile existing support with opposing views to the extent necessary to satisfy outstanding concerns.

“The Hawaii State Legislature may need to adjust Act 55 so that its good intention can be implemented appropriate to the goals of this law.  Public understanding and support are essential. If the Legislature cannot achieve this outcome, the possibility of repeal will ensue. I will take that outcome into consideration but we cannot walk away, should that occur, without a solution that moves us forward. 

“As always, we will continue to work closely with the Legislature. We need to work together to achieve what is best for Hawaii.”

 

 

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.