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Maybe we are reaching the tipping point.
Can it be that state government, both legislative and executive, is coming down on the side of "less is more" in terms of regulation?
Remember, this is a government, which, according to a sampling of current proposals, is interested in regulating dog breeding, halfway houses, plastic bags and the performance of out-of-state accountants. There is even a bill to regulate the spelling of Hawaiian words.
Local Republicans have framed entire careers out of demanding that we free ourselves from the oppressive yoke of overregulation. For instance, in his opening day speech last month, the Senate’s lone Republican, Sam Slom, sympathized with local businesses suffering "the highest taxes, strictest regulations and most burdensome mandates."
What, then, are we to make of a new round of proposals that would allow the state and developers to simply ignore vast sections of the state’s regulatory codes?
One bill, House Bill 2756, would exempt developers from all "state and county laws relating to planning, zoning, construction standards for subdivisions (and improvements of land)." The bill was aimed at speeding up development along where the city wants to put its elevated rail line.
Another suggestion, HB 1893, says the state’s economic recovery is in jeopardy.
"The purpose of this act is to promote economic revitalizations by temporarily removing a barrier to the expeditious construction of certain state and county projects," the bill explains.
The idea, according to the author, House Speaker Calvin Say, is that the Legislature and the governor want to use state construction projects to flood the market with new construction jobs, thereby employing more people and generating a big, positive cash flow. Gov. Neil Abercrombie has been calling for this for more than a year.
But, government projects are where you go to find red tape, not speedy solutions. State and county bidding procedures, rules and permits are often so numerous that money appropriated today may not generate a private construction job for five years.
Abercrombie himself chafed at his own state regulations when he learned of unexploded munitions and slipping Kauai roads. He felt it was necessary to declare the problems state emergencies so he could drop all existing state environmental protection laws in order to blow up the bombs and fix the roads.
Senate President Shan Tsutsui, who is more comfortable being an observer rather than a protagonist in this fight, says there is a new concern for doing something to help the economy.
"It is more economy driven. We probably need to take a look at it, maybe pilot (project) or temporarily dropping regulations, but we have to make sure the safeguards are still in place," Tsutsui said.
Although Abercrombie hasn’t taken a position on the bills, he is already on record supporting whatever accelerated public work schedule is needed to get new hires on the payroll.
Interestingly, the state also employs the person responsible for interpreting those environmental protection laws, former state Sen. Gary Hooser, head of the Office of Environmental Quality Control.
He reports no overt pressure coming from higher ups, but Hooser is a politician who knows how to read an unwritten text.
"No one has told me, you have to read between the lines. I met with administration people on geothermal issues and they made it clear they wanted to exempt exploratory geothermal wells," Hooser says.
He explains that our environmental laws are written to force people to work on a project and take care of the problems, not just stop a project.
"There is a fundamental flaw in the mindset of how these regulations are viewed. These regulations are viewed as barriers," Hooser says, adding that he think compromises can be made.
Hooser was the senator responsible for a law requiring all new housing projects to include solar water heaters, so he appreciates making business comply with new regulations, but today he can see a compromise.
"I think we could deliver and service permits much more efficiently then we are doing now. and still preserve the public’s interest," Hooser says.
He hopes that with a more moderate approach of reworking some state laws, his office can both keep the oceans and air clean while letting the state start passing out hard hats and paychecks.
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Richard Borreca writes on politics on Sundays, Tuesdays and Fridays. Reach him at rborreca@staradvertiser.com.