I received this bombshell of an email from an Oahu attorney/friend a few days ago:
“I’m not sure whether folks on Kaua’i realize that SB 3202 is deliberately crafted to take all authority to make decisions on subdivisions from the Kaua’i Planning Commission and vest that authority with the planning director.
Unlike other counties, the charter and ordinances on Kaua’i give the planning commission authority to approve or disapprove subdivision applications. SB 3202 takes that authority from the planning commission and gives it to the planning director.
The change will also remove the right of folks to request a contested case hearing on these subdivisions.”
The email concluded with: “I hope people are aware of this change…”
The language in SB 3202 SD2 HD1 (the most current draft) does not mention the Kaua’i County Planning Commission, nor specifically state in language the average person can understand, the power transfer being proposed.
So no, the people are not aware.
Clearly, Kaua’i Representative Luke Evslin, Chair of the Housing Committee and responsible for the review of SB 3202 and its companion HB 1630 is aware.
If they read the bill very closely and/or were informed by others as to how SB 3202 actually impacted their home county, then Kaua’i Representatives Nadine Nakamura and Dee Morikawa, and Senate President Ron Kouchi each who voted in support are also aware.
It’s clear Kaua’i Planning Director, Ka`aina Hull who submitted written testimony saying he “strongly supports SB 3202” is aware.
Presumably, Kaua’i Planning Commission members were aware and approved the Planning Directors testimony.
The insiders were all aware but the rest of us have been kept in the dark.
SB 3202 proposes to take the power of subdivision approval away from the Kaua’i Planning Commission and give it to one single person, the Kaua’i Planning Director.
SB 3202, if passed into law greatly reduces the voice of community in the process of land development. If a future subdivision development is proposed in your neighborhood or town, you will no longer be invited to a public hearing before the Kauai Planning Commission where the merits and various aspects of that subdivision will be discussed, and ultimately voted upon.
In addition, community members will lose their right to a “contested hearing” because there will be no hearing. The decision will be made by one person – the Kaua’i Planning Director.
To be clear, as currently proposed SB 3202 applies only to lands within the existing “urban district” and does not apply to the subdivision of agricultural lands.
SB 3202 is essentially a “market approach” to solving the affordable housing crisis. It offers developers potential increased density, decreased infrastructure costs, and less community oversight resulting in faster permitting. Thus SB 3202 allows the developers to make more money faster – and requires them to do nothing extra in return for these benefits.
SB 3202 does not require any development benefiting from its provisions to be affordable.
I know from personal and professional experience as a licensed real estate broker myself that demand for Hawaiʻi real estate is insatiable. I also know that nothing is sold “below market” unless required by government incentives or disincentives.
If you believe that counting on the benevolent nature of real estate developers will result in increasing the supply of truly affordable housing – then I have a bridge to sell you.
We need to block/stop/kill SB 3202 and retain the public protections and the publics voice contained within the Kaua’i Planning Commission public review process.
All the information about SB 3202 is here on the status sheet. You can read all versions of the bill and read the testimony.
Please take action. Share this information with friends and neighbors. More importantly, share your thoughts on this important issue with our Kaua’i legislative delegation:
Rep. Evslin repevslin@capitol.hawaii.gov
Rep. Nakamura repnakamura@capitol.hawaii.gov
Rep. Morikawa repmorikawa@capitol.hawaii.gov
Senate President Ron Kouchi senkouchi@capitol.hawaii.gov
First published in The Garden Island newspaper 04/16/24
*Note: As is always the case, should anyone ever see anything in my writing that is factually incorrect, please let me know and I will correct it immediately. I do my research and choose my words very carefully – but if you think I am wrong, incorrect, or miss-state any facts – LMK!
GaryHooser's Blog 
Aloha, leaving the decision of subdivisions up to a single person, and abandoning the current full and thorough decision process of the entire Planning Commission, is a set up to draw any Planning Director into criminal corruption via bribery’s temptation.
Bribery has a wide range of methods that go up and down the scale of dishonesty. We can relate to the integrity of our current Planning Director, but circumstances change. At some point a new Director comes on board. The Director, not necessarily the current one, could have perilous financial situation(s) enter his/her life and a bribe by a dishonest cash loaded developer may force, by circumstance, to cause a Planning Director to take the bribe, and leave us with a terrible subdivision for its own residents and the community of Kauai.
When a 350 home subdivision comes to the table, at $2 million and up for each home…and the Director has a cash medical need for a dying family member…who would let their family member die while the Developer’s cash offer bribe is “under” the table to allow, or speed up the subdivision process, forcing by ill circumstances such a bribe to pay for medical care to save a loved ones life.
Case in point the Honolulu Director of Planning, a career long proven public servant employee was just sentenced to 10 years in Federal prison for violating the public trust.
And after the first bribe what’s to stop subsequent “takes” under the table.
Another case in point was in the news about a subdivision on Kauai that was sped through the several permitting departments in 8 hours, instead of months if not years to complete the process. Has that been challenged as true, like Fact Checked, or investigated for wrong doing?
Having a single person possess the power to decide what could be a subdivision worth millions to HUNDREDS of Million$ of dollars can make an honest man or woman turn against their own integrity when the financial stakes run so high.
No one should be given that authority much less be in a position to be tempted against all honest intentions with bribery or favors, or real estate gifts, or whatever.
The Track Record of gov’t workers choosing the path of dishonesty is well documented County, State, Nation, and Worldwide; and we must not allow a good person to fall to the temptation of bribery.
Protect our society. Keep the full Planning Commission functioning, after all that’s what the Commission was created for in the first place.
By the way shouldn’t large subdivisions be made to provide “work force” housing, e.g., at least some apartment buildings for inevitable workers who would not need to commute long distances? Living within the subdivision with pride of their job and loyalty as well to the subdivision residents. For work force housing, shouldn’t that be an automatic inclusion in any large subdivision?
There are so many things that speak to the benefit of that “work force” housing.
Let the wisdom of a full Planning Commission continue to weigh the pros and cons of a good subdivision, good for the residents, the workers, and the public.
Please don’t make changes, the system works, don’t mess with it and break it…Don’t fix what’s not broken !!!
Zeke
Kaiana Hull?? This is very disheartening!