Lee Cataluna: Hawaii lawmakers propose new state agency for getting around state laws

So now the state is trying to figure out a way to get around state bureaucracy.

Perfect.

Lawmakers are talking about creating a special state agency that would be exempt from the laws that state lawmakers have made.

That might be the most meta thing Hawaii government has ever done.

The current proposal to establish a School Facilities Agency is dressed up in the irresistible language of “keiki” and “future” but the potential for corruption and mayhem can be seen from a mile away.

First of all, this isn’t so much about repair and maintenance of public schools. DAGS does that, though some may argue, not very well. No, this new separate kingdom would look at things like working with private developers to make deals to build new buildings on school campuses, redeveloping current campuses and building schools where new housing developments are going to be.

There are public schools now occupying land that might be very attractive to large developers and which could be sold off or long-term-leased in sweetheart deals … think of what could be built on campuses near the rail line, along the shore or in tony neighborhoods.

The current proposal is to exempt this real estate development agency from budgeting, procurement, environmental protection regulations and the Sunshine Law. What the heck?!

While most would agree that the state of Hawaii is overburdened by bureaucratic rules, the fact is most of those requirements were put in place by the Legislature over the years to guard against graft and corruption or unsafe building practices.

Don’t worry. It’s not just regular citizens who are hearing about this and asking, “What the heck?!!”

Testimony from state agencies on the bill points to big problems, as in this paragraph from the Department of Land and Natural Resources:

“As currently proposed, the Agency is not required to consider the historic properties, including burial sites, that may be affected by its projects. Thirty-six public schools are listed in the national register of historic places. In addition, some public schools that are not on this list of 36 nationally recognized historic properties are historically significant. The Chapter 6E, HRS, exemption would allow the Agency to alter, damage, or even demolish those historic properties without any consideration of their historical importance. This exemption makes it highly likely that important historic properties, including burial sites will be altered, damaged, or destroyed by agency projects.”

The State Procurement Office offered both cautionary words and a real-life example:

“In general, construction projects exempt from the (Hawaii Public Procurement Code) can be very problematic in maintaining public trust. In 2010, Act 82 granted the Board of Regents of the University of Hawaii an exemption from the Code for construction projects. The processes developed were controversial and perceived as subjective and unfair and, as a result, the legislature repealed the president’s authority as the chief procurement officer for construction.”

This School Facilities Agency is in some ways similar to the Airport Authority idea that has come up in recent years, in that it is being touted as a way to get around the state’s infamous red tape. It would make more sense (and be more up-and-up) to get rid of problematic red tape for everyone rather than create a special elite squad of political appointees that doesn’t have to follow rules.

Reach Lee Cataluna at 529-4315 or lcataluna@staradvertiser.com.