Bill on park and harbor development passes initial hurdle

Environmentalists and conservation advocates would have a greater say in the outcome of public land development projects under a proposed new development authority for state harbors and parks.

The proposal, House Bill 942, is among several introduced in the Legislature this year to address concerns surrounding the Public Land Development Corp., established last year as the development arm of the Department of Land and Natural Resources. The PLDC has yet to begin work after being hamstrung by vehement public protests over the summer during the administrative rulemaking process.

Opponents, including environmental, labor, Native Hawaiian and other interests, have criticized the exemptions from land use, planning and zoning laws used as incentives to attract private developers for projects on state land.

Opponents of the new harbors and parks measure criticize it as the PLDC by another name.

Although the proposal was passed out of the House Transportation Committee on Wednesday, its chairman acknowledged it could be scrapped if colleagues in the House and Senate move to repeal the much-criticized PLDC law altogether.

"We want to make sure that the policies all concur," said Transportation Chairman Ryan Yamane (D, Mili­lani-Waipio-Waikele). "If it is the will of the chambers to move forward with a repeal bill then measures like this, I think, would not have the support to move forward."

Under the administration proposal, the Harbor and Parks Development Authority would be governed by a five-member board similar to the PLDC, but would not have the same regulatory exemptions. The new authority would be able to tap into the expertise of staff at the Hawaii Community Development Authority, which oversees development in Kakaako and Kalaeloa.

Yamane proposed adding two board members, appointed by the governor, to represent environmental and community interests.

"What it does is it gives the community and environmentalists an opportunity to be aware of all projects that would come through," he said. "They would actually be voting members so they would be part of the participation within the democratic process in that authority to make decisions and vote support or not."

Robert Harris, director of Sierra Club Hawaii Chapter, called the change an improvement, but not enough to satisfy the critics of the PLDC.

"This still has the philosophy of trying to use our natural resources for profit rather than trying to look at the broader context of keeping them available for people to use recreationally, for enjoyment and for open space," Harris said.

Before the start of this year’s session, Gov. Neil Abercrombie urged lawmakers to adjust the PLDC law to satisfy the public outcry, saying he would consider a repeal if they were unable to do so.

The Legislature is now beginning that process.

The House Water and Land Committee has scheduled a hearing on Feb. 9 to hear a handful of measures related to amending, sustaining or repealing the PLDC.

Committee Chairwoman Cindy Evans (D, Kaupulehu-Waimea-Halaula) said she does not accept the PLDC in its current form, but there may be some aspects that could be kept intact.

"Clearly there is a lot of time and energy spent in trying to find out what could work to help the state do public-private partnerships," she said, adding that it will be up to advocates to convince committee members what is worth keeping.