RES 045 Draft 01 2012-2014 - Laserfiche WebLink

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(4) Development of residential units will not provide "fair share" contributions, because there is no code for"fair share"; (5) Our scarce supply of potable water could be diverted to these developments; (6) There is a concern that large agri-businesses using genetically modified crops may be instituted on public trust lands on the Island of Hawai`i; (7) The people of the County of Hawai`i realize the detrimental effect that HRS 171C will have on our land, ocean, and environment; and WHEREAS, in 2012 the Honorable Neil Abercrombie signed into law Act 282 on July 6, 2012, which included the exemption of certain lands transferred to the PLDC from the definition of"public lands" (Section 171-2(12), HRS); and WHEREAS, Article XII, Section 4, of the State Constitution states in part"The lands granted to the State of Hawai`i by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution...shall be held by the State as a public trust for native Hawaiians and the general public." (Emphasis added); and WHEREAS, the Council believes the transfer of public land assets into the PLDC removes those lands from the protective trust status of"public lands," which is inconsistent with its trustee role and responsibilities under the above cited Article XII, Section 4, of the State Constitution; and WHEREAS, on October 3, 2012, the previous Council adopted by unanimous vote Resolution No. 303-12, which urged the 2013 State Legislature to abolish the PLDC; and WHEREAS, this Council, consisting of six new members, supports the repeal of the PLDC and opposes State legislation that merely seeks to amend a limited portion of the offensive provisions of the PLDC; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the 2013 Hawai`i State Legislature is hereby urged to pass Senate Bill No. 1 and House Bill No. 8 to effectively abolish the Public Land Development Corporation. 2