Gov. Neil Abercrombie has launched an enthusiastic defense of the troubled Public Land Development Corp., describing it as a potential catalyst for partnerships with the private sector on modern schools, workforce housing, long-term care and early childhood education.
The governor said the corporation, which has a broad exemption from land use and county zoning laws and construction standards, could have the flexibility to cut through government bureaucracy and help the state deliver on long-delayed promises.
Abercrombie dismissed critics in the environmental, Native Hawaiian and labor communities — including many who want the corporation abolished because of a potential threat to the environment — as the "usual suspects" who used public hearings this summer on the corporation’s draft administrative rules to create "conspiratorial hysteria."
The governor praised the corporation’s potential at several speaking engagements last week. His staff posted a detailed fact sheet on the governor’s website explaining the corporation’s powers. The governor also contacted key state senators to inform them that his commitment has not wavered.
"Is there something here? Is there something in this law that will enable us to do good things?" Abercrombie said in an interview at the state Capitol on Friday. "As opposed to the reaction of some people whose first thought is, ‘How can I stop this?’ ‘What could possibly go wrong?’
"Let me characterize both the motives and the intentions of the people who drew up this law and who are tasked with implementing the law. Let me characterize them immediately with underhanded motives.’"
Abercrombie said opponents have appointed themselves as the public’s voice and the "arbiters over what is appropriate or inappropriate in terms of development."
DAVID KIMO FRANKEL, an attorney for the Native Hawaiian Legal Corp., said the governor and other supporters of the corporation have not explained the need for exemptions from state and county land use laws. He said such checks and balances are part of the democratic process.
"The thing that the governor is clearly misinformed about, unless he is purposely lying to people, is that the PLDC is exempt from many really, really important environmental laws," Frankel said.
"And the PLDC is given unfettered discretion to make decisions that affect land for decades. What the governor seems to not understand, is that this law not only gives unfettered discretion to his appointees, it gives that unfettered discretion to future appointees.
"So it’s not merely a question of trust of these directors, it’s trust of all government officials until the end of time," he said. "And we know that there is corruption in government — I mean people get in trouble all the time. We know that sweetheart deals happen. We know that bad decisions have been made in the past."
The Public Land Development Corp., created by the state Legislature and signed into law by Abercrombie in 2011, is the development arm of the state Department of Land and Natural Resources. The corporation’s mission is to identify underutilized public land for development partnerships with the private sector that could produce revenue for the state. Like a host of other state agencies, the corporation has been granted exemptions from several state and county laws and development rules, although it has to follow the state’s primary environmental review and historic preservation laws.
The backlash against the corporation is part of the growing anger within the environmental and progressive communities against a Democratic-controlled Legislature and what is perceived as an Abercrombie administration too friendly to development interests.
Last session at the Legislature, environmentalists and progressives zealously fought attempts to exempt state construction projects from environmental review and to encourage transit-oriented development around planned Honolulu rail and bus stations.
"The issue is not development. Everybody here is for creating jobs and for building a better Hawaii. But, at the end of the day, the question is how do we get there and how do we make sure that the public has their voices heard?" said state Rep. Chris Lee (D, Lanikai-Waimanalo), one of just nine House lawmakers who voted against the creation of the Public Land Development Corp.
"How do we make sure there is accountability in government, so that what’s done is transparent and there’s going to be no favoritism or special deals given? We want to make sure that it’s done right."
Lee said the Legislature could amend the law next session and add safeguards into the corporation "to make sure that there’s going to be no foul play."
HE SAID THAT while there will be debate over repealing the law, opponents would likely need to get two-thirds’ majorities in the House and Senate to achieve a repeal, since Abercrombie said he would veto a repeal bill.
State Sens. Donovan Dela Cruz (D, Kaena-Wahiawa-Pupukea) and Malama Solomon (D, Hilo-Honokaa), who were behind the law that created the corporation, have urged its five-member board to adopt a strategic plan that clarifies the corporation’s powers and operating framework. The board is scheduled to consider the strategic plan and hear an update on the draft administrative rules at a meeting on Thursday.
Privately, some of the corporation’s supporters at the Legislature are frustrated by the performance of Lloyd Haraguchi, the corporation’s executive director, and have said they might wash their hands of the idea unless the corporation shows progress by the time the next session convenes in January.
Abercrombie has spoken privately to Senate Majority Leader Brickwood Galuteria (D, Downtown-Waikiki) and Sen. Mike Gabbard (D, Waikele-Ko Olina), chairman of the Senate Energy and Environment Committee, to reaffirm his commitment to the corporation despite the public opposition.
Abercrombie said the corporation’s administrative rules could be improved, and that lawmakers may want to consider amendments to the law, but he questioned why anyone would consider a repeal before a single project is developed.
"You’ve got to put it in practice first to see what it is," he said. "Give it a chance. Give it some breathing room and see how it works."
The governor said he doubts critics are interested in improving the law, "because their attitude is, no matter what you do, no matter how you change it, you can’t change it good enough to suit us."
"Because the only way that would work, is that you would agree with us in the first place that you’ve got to pass anything you want to do past us first. We’ve got the imprimatur first."
Abercrombie said some of the "vicious commentary" from critics — including a missive from Frankel last week that told Donalyn Dela Cruz, the governor’s press secretary, to "Stop lying to the public!" — has not moved him to reconsider the corporation.
"My support? It gets stronger," the governor said. "When I see people out there pushing people around. When I see people out there saying ‘We get to decide.’ What do you mean we get to decide?
"The legislators ran for election. I ran for election."