HomeMy WebLinkAboutRES 045 Draft 01 2012-2014 f?..- --- -.0,..
,tY Oi M
COUNTY OF HAWAII :•[.6 ''.'/:• STATE OF HAWAII
RESOLUTION NO. 45 13
A RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO PASS
SENATE BILL NO. 1 AND HOUSE BILL NO. 8 TO EFFECTIVELY ABOLISH THE
PUBLIC LAND DEVELOPMENT CORPORATION.
WHEREAS, in 2011 the Hawai`i State Legislature approved Senate Bill No. 1555, SD2,
HD2, CD1, to create the Public Land Development Corporation (PLDC), which was signed into
law as Act 55 by the Honorable Governor Neil Abercrombie on May 20, 2011, which was then
codified as Chapter 171C of the Hawai`i Revised Statutes ("HRS 171C"); and
WHEREAS, Senate Bill No. 1555 was shepherded through the Legislature disregarding
various legislative procedures, thereby dismissing public input and participation; and
WHEREAS, no amendment or rule revision will restore the public's trust and faith,
which is reason alone to repeal HRS 171C and Section 171-2(12); and
WHEREAS, the Hawai`i County Council has numerous concerns about the PLDC,
including the following:
(1) HRS 171C removes County oversight of any PLDC development;
(2) The County of Hawai`i currently has severe problems with traffic circulation,
insufficient number of police officers and fire fighters, and insufficient potable water
wells and sewer capabilities in many areas. Allowing uncontrolled development in
violation of our zoning, building, subdivision, and flood control codes would
exacerbate these problems and may burden the taxpayers with increased expenses in
the future;
(3) Only revenue-generating uses are specifically mentioned in HRS 171C, so the
"optimal use" appears to be those businesses that can generate the highest amount of
revenue (hotels, resorts, commercial centers, agri-business for genetically modified
crops, etc.), with no regard for parks or other types of community resources;
(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
BE IT FINALLY RESOLVED that the County Clerk shall forward certified copies of
this resolution to the Honorable Governor Neil Abercrombie, all State Senators and
Representatives, and the respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the
City and County of Honolulu.
Dated at Hilo , Hawai`i, this 6th day of February , 2013.
INTRODUCED BY:
I
CO I CIL ' BER, COUNTY OF HAWAI I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on February 6, 2013 X
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
YOSHIMOTO X
9 0 0 0
Reference: C-98/Waived PC
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 45 13
3