Hawaiʻi must lead – thinking global, acting local

The 2024 legislative session is over.

Thousands of bills were introduced, hundreds were passed into law.

Surprisingly, state law-makers took a meaningful step in the right direction on what I believe is the most important issue of our time.

The most important issue of our time –

During the final weeks, the legislature debated and passed SCR13, a Resolution stating Hawaiʻi’s official position on war and peace in Israel and Gaza – supporting a full and permanent ceasefire in the region.

SCR13 was introduced by State Senator Maile Shimabukuro and supported via well organized grass-roots citizen advocates. Regular folks in the community helped write the early drafts and then pushed hard, and kept pushing hard, and then pushed hard again, and again – until the Resolution was passed.

Our legislators took a rather bold step passing the Gaza ceasefire Resolution and we should thank them profusely for that.

We should say mahalo plenty, and we should ask them to now go a step further and declare their support for reducing the U.S. military footprint globally – starting here at home with closing down completely the U.S. Army Pōhakuloa Training Area on the Island of Hawaiʻi, and the lands at Kahuku, Kawailoa-Poamoho, and Mākua.

The same request must be made to our 4 member Congressional delegation.

Hawaiʻi can, should, and must say officially and out loud what most people are thinking in every corner of our world. “Thinking global and acting local” is more relevant now than ever before.

We must get off this dangerous path of mutual destruction. Our global conversation must shift to discussions of peace, diplomacy, mutual aid, and friendship.

If you’ve read this far, then it’s clear we share a common goal – to help make our community and our planet a better place.

So please join with me now in taking these next two steps:

First: Contact our 4 person Hawaiʻi Congressional delegation and ask them to support ending the military leases at Pōhakuloa, Kahuku, Kawailoa-Poamoho, and Mākua.

U.S. Senator Mazie Hirono 808-522-8970,
U.S. Senator Brian Schatz 808-523-2061
U.S. Rep. Ed Case (CD1 urban Oahu) 808-650-6688
U.S. Rep. Jill Tokuda (CD2 rural Oahu, neighbor-islands) 808-746-6220

Next: Identify your district State Representative and Senator and reach out to them with the same message. Here’s an easy tool if needed: https://www.capitol.hawaii.gov/fyl/

Remind them if necessary that there are already 14 different military bases in the islands, over 750 U.S. military bases in at least 80 countries around the world, and the U.S. spends more money on guns, bombs, missiles, ships, and soldiers, that any other country on the planet – more than China, Russia, India, Saudi Arabia, the U.K., Germany, France, South Korea, Japan, and Ukraine combined (according to globalaffairs.org).

Remind them also about the thousands of acres of once pristine Hawaiʻi lands now littered with unexploded ordinances and the discarded toys of war. Show them the recent headlines detailing the contamination of our drinking water, the travesty which defines Red Hill, and the long list of broken promises made by the U.S. Military.

Please take note of their response. Call them back a second, or third time if necessary to get one.

Every single person serving in public office will say they support affordable housing, education, and environmental protection. It’s only a rare few who will have the courage necessary to publicly support reducing the U.S. Military’s foot-print in our islands.

And those few are the ones we desperately need.

Gary Hooser

Written for and published first on May 18, 2024 in the Hawaii Filipino Chronicle

NOTE: Read, share, and take action by submitting your written testimony supporting the “No Action Alternative” for the Pōhakuloa Training Area (PTA) no later than June 7.

This is an issue relevant and critically important to all Hawaii and all islands.

Please take the time and say NO to lease extensions, NO to ongoing military training​, NO land swaps, and YES to restoration and clean up of Pōhakuloa, and YES to reparations to Hawaiians for destroying their lands.

Comment via email to: ATLR-PTA-EIS@g70.design
Read the EIS and other Army info here:
https://home.army.mil/hawaii/ptaeis/project-home

While you are at it – Offer testimony to: info@PMRF-KPGO-EIS.com and attend the public scoping meetings regarding the Environmental Impact Statement (EIS) associated with the continuing the long-term U.S. NAVY PMRF use of 8,348 acres of State lands on Kauai.

https://www.federalregister.gov/documents/2024/05/09/2024-10167/notice-of-intent-to-prepare-an-environmental-impact-statement-for-pacific-missile-range-facility-and

Public scoping meetings are planned as follows:
June 4, 2024, from 5:00-8:00 p.m. HST at Kaua’i Veterans Center
June 5, 2024, from 5:00-8:00 p.m. HST at Kekaha Neighborhood Center
June 6, 2024, from 5:00-8:00 p.m. HST at Sheraton Coconut Beach Resort

HRS 343 rears its beautiful head – People and Planet Win – Syngenta loses.

One of the most important laws on the books is HRS343 also known as the Hawaiʻi Environmental Protection Act (HEPA). Included in my now 70 years of life experience was a stint in 2012 as Director of the Office of Environmental Quality Control (OEQC), the agency responsible for administering this law.

In short, HRS343 requires under certain circumstances a thorough environmental review of a proposed project or “action” prior to its start. The highest level of review would be a requirement that the agency and/or developer prepare and have approved/accepted an Environmental Impact Statement (EIS).

During my term as OEQC Director, our office literally “wrote the book” – Guide To Implementation And Practice Of The Hawaiʻi Environmental Protection Act.

So yes, I’m somewhat familiar with Chapter 343.

On April 30, 2024 the Intermediate Court of Appeals (ICA) overruled a 5th Circuit Court decision which previously concluded the State of Hawaiʻi and Syngenta were exempt from conducting a Chapter 343 environmental review of pesticide intensive seed corn research being conducted on State owned lands.

The ICA decision basically means the State of Hawaiʻi was wrong in allowing an exemption and therefore a review of potential environmental impacts must be conducted.

It’s a huge win for health and the environment, shepherded through the complex legal process by attorneys Lance Collins and Bianca Isaki on behalf of a hui of Kauaʻi community groups including HAPA, Surfrider Foundation, Ke Kauhulu O Mānā, Koholā Leo, and Native Hawaiian cultural practitioners, including Punohu Kekaualua.

An Environmental Assessment (EA) is the appropriate next step. EA’s are meant to review and disclose environmental and health impacts likely to occur on the lands being reviewed. Should that review indicate potentially significant impacts – a full EIS would then be required.

This is the same information sought by the infamous 2013 Kauaʻi County Bill 2491 which essentially said, “Disclose the chemicals and pesticides you’re using so the impact on public health and environment can properly be determined.”

Speaking of disclosure, the author of this column Policy and Politics was a Kauaʻi Councilmember, co-author of Bill 2491, and now president of HAPA.

In 2014 the courts ruled Bill 2491 invalid because state law preempts county law.

Fast forward 10 years and voila! HRS343 is a State law and to comply requires disclosure AND a thorough evaluation of health and environmental impacts.

While Syngenta contracted its operations to Hartung Brothers in 2017, requirements of the law remain the same. Hartung utilizes the same pesticides, also conducts research and development, and is located on the same sensitive state coastal lands.

For the moment, “next steps” remain in the attorneys hands.

To better understand the beauty and power of Chapter 343, read on.

“All exemptions…are inapplicable when the cumulative impact of planned successive actions in the same place, over time, is significant, or when an action normally insignificant in its impact on the environment may be significant in a particularly sensitive environment.” Section 11‐200‐8(b)

“The agency must consider the sum of the effects on the quality of the environment…the expected direct and indirect consequences, the cumulative, short‐term and long‐term effects of the proposed action.” HEPA Guidebook

Some noteworthy court decisions:

2009 Unite Here! Local 5 v. City and County of Honolulu and Kuilima Resort – The Turtle Bay expansion project must do a supplemental EIS; it could not rely on a 20 year old EIS.

2008 ‘Ohana Pale Ke Ao v. Board of Agriculture – HEPA required the preparation of an EA for importing and growing genetically engineered algae because it involves a use of State land and was not within the scope of prior NELHA EIS’s.

2007 Sierra Club v. Department of Transportation – (Superferry 1) DOT erred in finding exempt Superferry dock improvements without considering whether environmental impacts of the whole Superferry operation, secondary, as well as primary, would be significant.

SB3202 = bad policy for all islands…and includes a hidden provision that rewrites the Kaua’i County Charter

“Affordable Housing – Yes in my backyard” was the title of something I wrote 6 months ago on the topic of affordable housing. https://garyhooser.blog/2023/11/02/affordable-housing-yes-in-my-backyard/

To be absolutely clear, I support urban redevelopment and the general concept of increasing density in existing urban areas.

But this one-size-fits-all approach of SB3202 is bad, bad, bad.

For example adding density to Līhu’e on Kaua’i where the population consists of predominantly local residents will likely (likely but not guaranteed) lead to increased housing for local people.

But adding density to Kōloa, Poʻipū, Hanalei and other similar areas, will likely lead to housing for retirees from the continent, second homes for the wealthy, and more vacation-rentals.

The same is true for every Hawaiʻi island.

Some towns in existing urban districts have sufficient infrastructure, roads, bikeways, sewers, employment centers, schools, entertainment, shopping and dining venues – and many do not.

We certainly don’t need state government issuing blanket decrees requiring increased development for each of our unique and very special counties.

Better community planning via top-down state government mandates? I think not.

Yes, SB3202 gives each county some planning latitude but at the end of the day it’s still the state requiring increased growth via increasing density – whether the county and the residents want the additional growth or additional density, or not.

The way SB3202 is written the sales price or rental rates of the new homes developed on the new density will be whatever the market will bear. There are no requirements for affordability – none.

Giving increased density to land owners and developers is a huge gift that immediately increases the value of their property – and should have strings attached.

It’s incredibly naive or blatantly corrupt to give away the benefits of public policy to increase the wealth of those already wealthy – without requiring public benefits in return.

In exchange for the gift of additional density, lawmakers could and should have required property owners to abide by conditions such as:

* Develop homes intended for local residents within X years or “lose” the additional density benefit (no land-banking)
* Agree to build units targeting specific affordable wage earners such as 100% of median income and below.
* Prohibit the additional density from being used for short-term rentals
* Prohibit the resale of the homes or parcels generated by the extra density allowance, except under affordability conditions designed to keep it affordable. (no speculative “flipping”)

If the land owners and developers prefer not to abide by the conditions, then they can of course decline the gift of extra density being offered by government.

Buried in the language of SB3202 is also a provision that uniquely impacts Kaua’i. The bill actually takes away the Kaua’i Planning Commissions existing authority to approve urban district subdivisions, and transfers that power to one single individual – the Kaua’i Planning Director.

The Kaua’i County Charter Section Section 14.09. Subdivision or Consolidation of Land, “B. Approval of subdivisions. After the enactment of the ordinance governing subdivisions or consolidations of land, no land may be subdivided unless the proposed subdivision plans are in conformity with the subdivision ordinance and regulations and have been approved by the planning commission.”

SB3202 is essentially re-writing the Kaua’i County Charter.

WUWT?

The language in SB3202 is so obtuse that readers would need to be an insider or land use attorney, to understand this particular component. The loss of the Kaua’i Planning Commission process contained in SB3202 also takes away the public’s inherent right to submit testimony for or against subdivision developments proposed in the urban district, and the related right to a “contested case hearing”.

This “Kaua’i element” of the bill seems to have passed through the entire process without the Kaua’i Planning Commission being informed of the implications.

The Kaua’i Planning Director offered written testimony in support of SB3202, but apparently no testimony was submitted by the Planning Commission itself, nor from individual commissioners.

What can be done now?

Call the Governor (808) 586-0034 please and ask him to veto SB3202.

Then contact our Mayor mayor@kauai.gov and Councilmembers Councilmembers@kauai.gov AND especially our 4 state legislators- share with them your thoughts and ask them directly about theirs.

Why did each of our state legislators support basically amending (or ignoring) the County Charter and taking away the Planning Commission authority (and public participation that comes with that) and granting that power to a single individual? Why didn’t they formally consult with the Planning Commission or the general community?

senkouchi@capitol.hawaii.gov
repnakamura@capitol.hawaii.gov
repmorikawa@capitol.hawaii.gov
repevslin@capitol.hawaii.gov

Additional Notes: for those who are interested in getting into the weeds and legalese
Each county has a different subdivision process. Maui apparently has County Engineer also involved as key person in approval process.

Kauai I am told by Rep Evslin and land use attorney Kimo Frankel, is the only County that gives approval authority to the Planning Commission.

SB3202 says that “ (g) Notwithstanding any other law, county charter, county ordinance, or rule, any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district designated pursuant to section 205-2 shall be vested with the director of the county agency responsible for land use or a single county officer designated by ordinance; provided that:”

Translation:
“…authority to accept…deny any application for subdivision…Shall be vested with the director…” (and not with the planning commission is the reality but left unsaid)

Good night and good riddance – 2024 session

It feels like the first day of a new year – in a policy and politics sense.

The Hawaiʻi legislative session is over and there’s no more “waiting to exhale”. The constant vigilance required to monitor 3,000 or more bills can be put to bed.

Well, almost put to bed. The several hundred that passed through the sausage grinder must now be reviewed closely and comments sent over to the Governor.

Measures that’ve passed include the good, the mediocre, the bad, and the very bad.

Supporting our brothers and sisters on Maui to the tune of almost $1 billion seems on the surface to be a very good thing. The devil’s in the details and implementation, but for now this looks like a win.

The most obvious very bad bill is SB3202 which takes away the Kauaʻi Planning Commission authority to approve subdivisions in urban districts and gives this power to a single person, the Kauaʻi Planning Director.

SB3202 also mandates increasing the density of every single residential community in the state of Hawaiʻi – whether that community wants that increase or not.

Probably the most significant and positive change in “pure policy” (no direct impact on the state budget) was SB2919, which has already been signed into law and is now Act 017.

Act 017 grants each County the authority to regulate and phase out certain short-term vacation rentals that might otherwise be rented long-term to local residents.

Maui Mayor Richard Bissen has already introduced a bill that now goes before the Maui County Council intending to convert more than half of Maui’s current vacation rental inventory – to long-term rentals by 2026.

If passed by Maui County, this would gradually create approximately 7,000 new long-term rentals for local residents – with virtually zero need for increased construction or infrastructure.

Advocates of SB2919 reminded law-makers in their testimony over and over again, that those short-term vacation rentals were originally approved based on plans indicating they would be homes for local residents – not as AirB&B short-term rentals located in otherwise residential areas/projects.

The obvious question for residents living on Kauaʻi, Oahu, and Hawaiʻi Island is, “Will our Council and Mayor follow Maui County and also take this bold step to increase the inventory of affordable housing?”

The next most obvious good bill (kinda good for everybody but very good as in super good for the wealthiest tax payers in the islands) is HB2404.

There’s certainly no shortage of legislators boasting about it being the largest tax cut in state history. But of course, most are neglecting to tell you the whole story.

Mahalo to Representative Amy Perruso who was brave enough to pull back the curtain and speak the truth about this much heralded “historic tax cut”. 3 members of the House were willing to go on recored expressing their concerns and we should thank them for that – “Passed Final Reading as amended in CD 1 with Representative(s) Hussey-Burdick, Kapela, Perruso voting aye with reservations”.

According to the Institute on Taxation and Economic Policy, this will cost state government $656 million in revenue with 42% of the benefits going to the top 20% of earners.

Translation: The state of Hawaiʻi will lose $656 million in revenue. This means schools, parks, affordable housing, mental health care, coastline and environmental protection, and so much more, will do without that same $656 million.

Unfortunately the legislature did not limit or target the tax cuts to middle and low income families who truly need the support. They chose instead to give high-income earners the equivalent of $275,000,000 in tax revenue that’s now no longer available for essential services.

So yes, we should be thankful the 2024 legislative session is over, and thankful for the good and positive accomplishments that did occurr.

Most of all we should be thankful there’s a new year before us The primary election of August 10th is right around the corner, and with it comes an opportunity to make the 2025 session a genuinely historic one.

Let’s do this.

*Also published on 05/08/24 in The Garden Island newspaper

Gary Hooser
https://www.garyhooser.com

Note: Because of the volume, and because much of my email is done “on the fly” via my iPhone – please ignore my typos or sometimes disjointed sentences 😉 Sign up for my somewhat unconventional email newsletter (though it’s not really a newsletter but I don’t know what else to call it) – Policy & Politics at https://policy-and-politics.mailchimpsites.com

We lost. SB3202 passed. My guess is next step will be the courts.

Well we lost.

SB3202 passed. The vote was very close – The House of Representatives voted 29 in support and 22 in opposition. In the Senate there were 9 Noes and 16 in the affirmative.

Vote translation: We needed only 4 additional No votes in the House or the Senate and SB3202 would have been defeated.

Here’s a SB3202 status report and here’s a list of those who agreed SB3202 was a bad bill, not ready for prime time, and who stood up against House/Senate leadership and voted in opposition. It’s an interesting mix of legislators from all walks of life and all islands – except Kaua’i.

Representative(s) Belatti, Chun, Cochran, Garrett, Hashem, Holt, Hussey-Burdick, Ichiyama, Kapela, Kobayashi, Kong, Marten, Matayoshi, Nishimoto, Onishi, Perruso, Poepoe, Quinlan, Sayama, Takayama, Takenouchi, Ward voting no (22)

Senator(s) Awa, DeCoite, Elefante, Fevella, Fukunaga, Ihara, Inouye, Kim, Rhoads voting No (9)

If you agree that a No vote was the right vote, and your Senator or Representative is on this list – please send them a note to say thank you!

Notice no Kaua’i legislator is listed.

Of course Wailua/Lihue/Puhi Rep Luke Evslin is essentially the main sponsor of SB3202’s content and is leading the charge to pass it. The other 3 from Kauai have been largely silent on the issue.

It still amazes me
. 
SB3202 significantly disempowers the Kaua’i Planning Commission, transferring power of subdivision approval in rural districts completely to one single person, the Kaua’i Planning Director – and yet apparently no one informed the Planning Commission this was happening, no one asked for their opinion, nor did any of Commissioner testify on the issue.
 
The Kaua’i Planning Director testified in support but it seems the Planning Commissioners themselves had no clue their power and authority was at risk of being significantly diminished – or if they knew they chose to be silent.

I’ll be writing more about all of this in the future but wanted to get this update and vote count to you asap.

Sincerely,
Gary Hooser
NOTE: I sent this out as a mass email last week but just realized I forgot to post it here. If you want to receive my email on a regular basis please subscribe – Policy & Politics at https://policy-and-politics.mailchimpsites.com

Send SB3202 back to the drawing board – Action needed now!

I’m thinking we need to send SB3202 back to the drawing board. Can you help? Or if you disagree, I’d like to hear your rationale.

Read the latest draft if you have the stomach for it.
https://www.capitol.hawaii.gov/sessions/session2024/bills/SB3202_CD1_.htm

Here is the measures “status report” – you can read the prior drafts, read the testimony, and see how various legislators have voted on it.
https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3202&year=2024

SB3202 represents an important but somewhat ugly “teachable moment” for those interested in the legislative process (or lack thereof).

Please grab a chair, a quiet corner somewhere, and read the below exact language legislators are voting on (and the only language the public was provided with) – The final “floor vote” is scheduled for tomorrow Wednesday, May 1.

The first key component says: “…each county shall adopt or amend ordinances defining reasonable standards that allow for the construction of at least two accessory dwelling units, or the reasonable equivalent, for residential use on all residentially zoned lots…defined as “…a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings…does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation.”

Translation,“Every county shall pass laws allowing the construction of at least 3 houses/units (the main house plus two additional dwelling units) for residential use, on the majority of residential lots in the county.”

Further translated for property owners, “With the passage of SB3202, regardless of the size of your existing residentially zoned lot, you will be legally allowed to build, sell and/or rent three houses/units on your lot. With the stroke of a legislative pen your personal financial balance sheet goes up as the value of your property will be increased instantly and substantially – and you don’t have to do diddly squat, nothing, nada, zero.

While the intent of SB3202 is to encourage people to use this windfall of increased residential density to build housing, there are no requirements to build anything within any specific timeframe, nor any requirement the housing be affordable. These units can be CPR’d and sold as individual separate homes, or rented – for top dollar at market rates.

If you’re a large developer and own 100 single family residential lots, you now get the benefit of building 300 houses, with no requirements for affordability nor additional rules prohibiting short-term vacation rentals.

Of course the county can and will require adequate parking, water, fire infrastructure and roadways must be adequate. Of course. (wink wink)

The purpose of SB3202 is to dramatically increase the inventory of homes and speed the development process – statewide.

Because there are no provisions requiring affordability, the majority of homes will be sold or rented “at market” (driven by tourism, out-of-state investors, and wealthy retirees), and out of reach for most local residents.

SB3202 represents a huge win for developers large and small, but for everyone else – not so much.

If there were clear assurances that the increased density would result in an increased supply of affordable homes, I’d say let’s go for it. But there is nothing in SB3202 that requires affordability. Nothing.

In addition to the huge gift of increased density, SB3202 is also intended to dramatically speed development. On Kaua’i this translates to removing Planning Commissions oversight, which also removes community input, and the right to “contested case hearings” – and transferring approval authority to a single individual, the Kaua’i Planning Director.

Unfortunately this power transfer is hidden in legalese which no regular member of the public could ever understand.

“(g) Notwithstanding any other law…any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district…shall be vested with the director of the county agency responsible for land use…”

Notice this paragraph does not mention Kaua’i County, and certainly doesn’t clearly state the power of subdivision approval in the urban district is being taken from the Kaua’i Planning Commission and given to one single individual, the Kaua’i Planning Director.

Apparently, this is a Kaua’i specific impact and other County planning/permitting processes will not be impacted in the same way.

Whether you agree or disagree with the housing development strategy proposed by Kaua’i Rep. Luke Evslin Chair of the House Housing Committee and a staunch advocate of SB3202 – Kaua’i residents deserve to know about major proposals directly impacting their community – before the votes are cast. #lawmaking101

The final floor note on SB3202 is scheduled for Wednesday May 1. Residents on all islands – please take a moment to call AND email (though it’s probably a little too late in the process for email) your district Representative and Senator and let them know your thoughts on SB3202. Go here for that contact info: https://www.capitol.hawaii.gov/fyl/

My own questions for them include:

1. How will this impact my neighborhood? Will it double the density, double the number of houses and cars?

2. Why doesn’t SB3202 require affordability in exchange for the gift of increased density?

3. Why not allow each county to decide for themselves? Why is there this “one size fits all” top-down mandate?

4. For the Kaua’i legislators. Why weren’t Kaua’i residents, at least the Kaua’i Planning Commissioners themselves informed and asked of their opinion before SB3202 was passed taking away their authority and transferring it to one single person – the Planning Director?

5. Have they taken the time to read Peter Savio’s excellent review of SB3202 in Civil Beat? Hawaii Housing On The Verge Of Getting A Lot More Expensive https://www.civilbeat.org/2024/04/hawaii-housing-on-the-verge-of-getting-a-lot-more-expensive/

For Kaua’i friends I’ll make it a little easier:
Rep. Evslin 808-586-6270 repevslin@capitol.hawaii.gov
Rep. Nakamura 808-586-8435 repnakamura@capitol.hawaii.gov
Rep. Morikawa 808-586-6280 repmorikawa@capitol.hawaii.gov
Senate President Ron Kouchi 808-586-6030 senkouchi@capitol.hawaii.gov

Bottom line: SB3202 is not ready for prime time and should be sent back to the drawing board.

Sincerely,
Gary Hooser

Summary conclusion to yesterday’s BLNR meeting re: Coco Palms related stuff

So what happened at yesterday’s BLNR meeting where community based I Ola Wailuanui was competing with Utah based developer RP21 for use/control over two state parcels connected to the proposed Coco Palms resort development?

The Utah developer won of course.

What was surprising was that BLNR Chair Dawn Chang spoke in support of community-based I Ola Wailuanui while BLNR Kauaʻi Member Karen Ono supported the Utah developers RP21.

Surprising and not surprising I suppose.

There were of course arguments made on both sides. Unfortunately BLNR Kauaʻi Member Karen Ono embraced the Utah developers words and promises, and rejected those made by the Kauaʻi based I Ola Wailuanui. She seemed to especially focus on an administrative error by the community nonprofit in failing to file an annual report due to a mix-up in mailing addresses – while ignoring pages and pages of testimony attesting to the developers failure to obtain grading and grubbing permits, trespassing on state lands without the appropriate permits or lease, an ongoing DLNR investigation into the developer’s illegal dumping/grading/grubbing on conservation zoned lands…and so much more including being cited and fined by the Department of Health – Clean Water Branch, over their failure to secure an important NPDES permit (National Pollutant Discharge Elimination System).

So at the end of the day when the motions were made BLNR Kauaʻi Member Karen Ono threw her support behind the Utah developers and a majority of the BLNR members deferred to her. The Chair of the BLNR Dawn Chang and Oahu member Aimee Barnes both voted no against the motion made by Kauaʻi Member Karen Ono. But the motion prevailed with a 4 yes, 2 no, and 1 abstention vote (“At Large member” Kaiwi Yoon).

As to next steps…there is no shortage of options and many minds focused on a common purpose are currently working on this. All I know, and the creed I live by is to #neverneverquit

Community members who want to join in support of I Ola Wailuanui should go to https://www.wailuanui.org/ – To be clear, there will be “next steps” and future calls to action and help will be needed…so please join and help!

For more info here is my testimony on the issue: https://garyhooser.blog/2024/04/25/testimony-for-april-26-2024-agenda-item-d-1-re-coco-palms-disposal-of-state-land-leases/

Here is a YouTube Video of the hearing starts about 1:52 – https://www.youtube.com/watch?v=PpnJ8CNIRbg

Testimony for April 26, 2024 Agenda Item D-1 re: Coco Palms & Disposal of State Land Leases

Info on nature of item on the agenda and other short summary is here https://www.wailuanui.org/blog/blnr-hearing-on-april-26-2024

Aloha Chairperson Dawn Chang and Commissioners Kaiwi Yoon, Aimee Barnes, Karen Ono, Vernon Char, Doreen Canto, and Riley Smith,

Speaking as an individual, father, and grandfather of children born and raised in Wailuanuiahoʻano I offer my strong support of I Ola Wailuanui’s vision and efforts to secure a direct lease of the two parcels on todays agenda.

You have before you two different entities seeking use and control of the same state lands, Crown lands to be protected and preserved.

One is a foreign based collection of entities (Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware) seeking to utilize the property to support resort development.

The other I Ola Wailuanui, is a local community based organization led by native Hawaiians, whose goal is stewardship and protection of these same lands.

I Ola Wailuanui is an established community based organization led by native Hawaiians born and raised in this area, who are deeply familiar with the history and culture, and who have a public record of responsible community stewardship. I Ola Wailuanui has also demonstrated financial capacity to fulfill its goal of stewardship of these parcels.

The legal representatives for Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware – have stated publicly that the securing of these RP’s and related uses are not essential to the development of their resort.

If this statement is true, then they do not truly need these properties at all and will not be caused harm by transferring the control and use of these lands to I Ola Wailuanui.

If this statement is not true and these properties are essential to the development, then that means two things:

1 – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii, and CocoPalms Hui LLC Delaware – are not being truthful to the BLNR.
2 – Because the parcels are state lands, integral to the resort development, and located in a coastal zone etc etc…per Chapter 343 an EIS must be required.

Unfortunately Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware, and their representatives have a history of not being truthful with the BLNR, the County, and the community.

The Utah developers previous “representative” who first appeared before the Kauaʻi Planning Commission in 2022, is a convicted felon. He committed mortgage fraud on victims in Nevada, Montana, and Hawaiʻi. He was convicted of Conspiracy to Commit Mail, Wire and Bank Fraud in the Nevada District Court on 4/30/13.

Initially other spokespersons for the developer denied cutting down historic coconut trees without permission, then said they only cut done “a few, maybe 15 because they were diseased” and then said maybe it was a few more than that but it was only because the Kauaʻi Fire Department made them do it.

After further investigation it was determined at least 77 coconut trees were removed without permission and then dumped on conservation land without permission, and in violation of their green waste disposal plan.

The Utah developers legal representative continues to deny they cut down historical coconut trees without permission from the state as is required in the lease. He explained in writing to the BLNR in response to the Coconut Grove Lease NOD “The coconut trees are grasses so you can’t tell their age like you can with trees but we know the trees are not from before 1983 and the 1983 lease only prohibited CPV cutting trees that were growing at that time.”

Translation: No one knows how old those coconut trees are except us and we know they are not that old and we only cut down the trees born after 1983.

The developers are also denying they conducted illegal grading and grubbing on conservation zoned lands without permits, which is clearly not a true statement and under active investigation by the DLNR.

Using page after page of email and photographs from 2021 and 2022 detailing and documenting the homeless camps that were removed during that period of time – the developers legal representative tries to blame the grading and grubbing that they deny actually happened – on the homeless.

In a more nuance act of subterfuge, a review of testimony presented to BLNR on December 7 and 8 of 2023 show that 55 of the 60 people who submitted testimony in support of the owner/developer – are not long-time community members but rather Utah based employees, partners, investors, friends, or relatives of the developer/owner Reef Capitol, RP21, and related entities. However this fact is not apparent from the testimony since none of these individuals disclosed their relationship with the owners/developers.

A cursory read of the testimony would lead most to believe these are local residents testifying in support of their community. However with Google as a friend the truth becomes apparent.

For the past year they’ve used adjacent state-owned public lands without a valid lease or RP (trespassing). They grade and grub without permits and without the required archeological observer present. I drive by this area daily and personally witness this activity (and yes I have pictures).

A review of the Coconut Grove Lease NOD includes further multiple misstatements of fact as Reef Capitol, RP21, and related entities purport to represent still yet another entity – Coco Palms Ventures (who holds the lease presently but which does not legally exist and is totally not related to the RP21 and friends).

Wailuanuiaho’āno is literally the birth place of Hawaiian royalty.

The developers/owners have unquestionably demonstrated their lack of concern for the place, and for its cultural and historical significance. They have also unquestionably on numerous occasions demonstrated their willingness to not tell the truth.

I implore upon the BLNR to stop accepting the excuses and downright lies offered by the owner and developer. There is no reason to accommodate the needs of Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware.

It is without question the people and lands of Hawaiʻi would be best served by granting I Ola Wailuanui full access, full control, and full stewardship of these two parcels.

Mahalo,

Gary Hooser
Note1: Upon reviewing the multitude of testimony and permits at both the State and County level it seems that these 4 entities are often used interchangeably – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware. I assume the reason for this is to minimize liability for the key “money men” and to facilitate the securing of permits that otherwise may not be available to the core entity. It is unclear to me why there are two different CocoPalms Hui LLC’s…one based in Delaware and one based in Hawaiʻi.

It’s shameful — politics at its worst

There was no shortage of new bombshells falling on the Hawai‘i public policy battlefield this past week. The New York Times reported for the whole world to see what many of us already know, “Pay-to-play is woven into the DNA of the statehood of Hawai‘i,” said Camron Hurt, director of Common Cause Hawai‘i.

The front page article reported on “late night parties” occurring just a short distance from the Hawai‘i Capitol bringing in “thousands of dollars in donations, giving some elected officials almost half their annual campaign haul.”

The donors it seems consisted primarily of government contractors whose livelihood depends on government funding and legislation passed by those legislators benefiting from the money given on these nights.

And yes, once again Speaker of the House Scott Saiki, along with House Judiciary Chair David Tarnas, killed the “Clean Elections” bill that would have removed the need for new candidates to raise money from these same private interests. An additional but different proposal, which would have severely limited campaign contributions from donors connected to government contracts, did not even receive a hearing.

Yes, they killed Clean Elections. There was plenty of time and interest of course to schedule bills to cut estate taxes for the very wealthiest, and at press time, HB2653 was still alive. We have folks sleeping under bridges and in the bushes because affordable housing is nonexistent, and our legislative leaders actually propose and support bills cutting taxes for the rich.

Shame on them, and on the Majority in both the House and Senate that put up with this nonsense. Fool me once … well you know the saying … shame on us for voting them in year after year. Shame on us for not finding other good candidates and offering them our strong support.

Thank goodness this is an election year and there’s still time to go out and find good people to run.

There’s not a lot of time, but for that handful of individuals with deep roots, deep connections, and a proven track record of community work — there’s still a tiny window of opportunity — especially for a House seat where the votes needed to win can range from only 2,000 to 8,000.

As the legislative session heads toward its scheduled close on Friday, May 3, it’s time to pivot toward the primary election of Aug. 10.

Ballots will begin arriving in mailboxes on or about July 15, just 80-something days from now.

Not a lot of time for new candidates, but enough for those who are organized, have some basic level of name recognition, and are willing to do the heavy lifting of running a real campaign.

For the rest of us, we gotta help. We must dig deep and support financially those candidates who will stand up and say enough is enough.

We have to donate our $20 or $200, and our time and energy to help those we believe have the strength of character to put people and the planet first — ahead of the big money fundraising and insider schmoozing described in the New York Times article.

It’s disgusting really. We can do so much better, and we must.

gh

(first published in The Garden Island 04/24/24)

Heads up Kaua’i – SB 3202 takes away your voice and that of Kaua’i Planning Commission

I received this bombshell of an email from an Oahu attorney/friend a few days ago:

“I’m not sure whether folks on Kaua’i realize that SB 3202 is deliberately crafted to take all authority to make decisions on subdivisions from the Kaua’i Planning Commission and vest that authority with the planning director.

Unlike other counties, the charter and ordinances on Kaua’i give the planning commission authority to approve or disapprove subdivision applications. SB 3202 takes that authority from the planning commission and gives it to the planning director.

The change will also remove the right of folks to request a contested case hearing on these subdivisions.”

The email concluded with: “I hope people are aware of this change…”

The language in SB 3202 SD2 HD1 (the most current draft) does not mention the Kaua’i County Planning Commission, nor specifically state in language the average person can understand, the power transfer being proposed.

So no, the people are not aware.

Clearly, Kaua’i Representative Luke Evslin, Chair of the Housing Committee and responsible for the review of SB 3202 and its companion HB 1630 is aware.

If they read the bill very closely and/or were informed by others as to how SB 3202 actually impacted their home county, then Kaua’i Representatives Nadine Nakamura and Dee Morikawa, and Senate President Ron Kouchi each who voted in support are also aware.

It’s clear Kaua’i Planning Director, Ka`aina Hull who submitted written testimony saying he “strongly supports SB 3202” is aware.

Presumably, Kaua’i Planning Commission members were aware and approved the Planning Directors testimony.

The insiders were all aware but the rest of us have been kept in the dark.

SB 3202 proposes to take the power of subdivision approval away from the Kaua’i Planning Commission and give it to one single person, the Kaua’i Planning Director.

SB 3202, if passed into law greatly reduces the voice of community in the process of land development. If a future subdivision development is proposed in your neighborhood or town, you will no longer be invited to a public hearing before the Kauai Planning Commission where the merits and various aspects of that subdivision will be discussed, and ultimately voted upon.

In addition, community members will lose their right to a “contested hearing” because there will be no hearing. The decision will be made by one person – the Kaua’i Planning Director.

To be clear, as currently proposed SB 3202 applies only to lands within the existing “urban district” and does not apply to the subdivision of agricultural lands.

SB 3202 is essentially a “market approach” to solving the affordable housing crisis. It offers developers potential increased density, decreased infrastructure costs, and less community oversight resulting in faster permitting. Thus SB 3202 allows the developers to make more money faster – and requires them to do nothing extra in return for these benefits.

SB 3202 does not require any development benefiting from its provisions to be affordable.

I know from personal and professional experience as a licensed real estate broker myself that demand for Hawaiʻi real estate is insatiable. I also know that nothing is sold “below market” unless required by government incentives or disincentives.

If you believe that counting on the benevolent nature of real estate developers will result in increasing the supply of truly affordable housing – then I have a bridge to sell you.

We need to block/stop/kill SB 3202 and retain the public protections and the publics voice contained within the Kaua’i Planning Commission public review process.

All the information about SB 3202 is here on the status sheet. You can read all versions of the bill and read the testimony.

Please take action. Share this information with friends and neighbors. More importantly, share your thoughts on this important issue with our Kaua’i legislative delegation:
Rep. Evslin repevslin@capitol.hawaii.gov
Rep. Nakamura repnakamura@capitol.hawaii.gov
Rep. Morikawa repmorikawa@capitol.hawaii.gov
Senate President Ron Kouchi senkouchi@capitol.hawaii.gov

First published in The Garden Island newspaper 04/16/24

*Note: As is always the case, should anyone ever see anything in my writing that is factually incorrect, please let me know and I will correct it immediately. I do my research and choose my words very carefully – but if you think I am wrong, incorrect, or miss-state any facts – LMK!