Governor Green has announced that on Tuesday May 28th he will be signing SB3202 and throwing local planning, local communities, and Kauaʻi County particularly – under the bus.
He will be joined in the festivities by U.S. Senator Brian Schatz, State House Housing Committee Chair Kauaʻi Rep. Luke Evslin, and Senate Housing Chair Senator Stanley Chang.
There will be laughing and smiling, backslapping, and high-fives all around as they congratulate each other on yet another “historic bill” that increase profits for property owners and developers, make neighborhoods everywhere more crowded, creates no affordable housing whatsoever, and takes away the right of Kauaʻi County in particular to manage it’s own subdivision process.
Another one of those “can’t make this stuff up” moments.
The Kauaʻi County Charter contains language not contained in the Charter of other County’s – Section 14.09. says “…no land may be subdivided unless the proposed subdivision plans…have been approved by the planning commission.”
However, SB3202 mandates the power of subdivision approval in urban districts must reside in a single individual, the Planning Director.
Changes to a County Charter normally require multiple public hearings, placing the question on the ballot, and a vote by the people in the affirmative.
The supporters of SB3202 don’t seem to care what the County Charter says, or about the citizen-based process normally needed to make changes to it.
They want to make the decision-making “ministerial” so developers will just check-off the boxes and presto, their permits will be granted. Taking away the Planning Commission power will make things much easier and get rid of those trouble-making citizens asking pointed questions at public hearings – about traffic impacts, beach access, historical or cultural preservation etc.
The supporters of SB3202 know full well what they’re doing. The impact of SB3202 on the Kauaʻi County subdivision process is not incidental or unintentional. According to internal emails, this strategy has been discussed by its supporters since at least August of 2023.
SB3202 is basically an “end-around” citizen participation, and bypasses all of the standard procedures normally required to amend the Charter.
Yes, the powers-that-be will be celebrating on Tuesday. They pulled it off (wink wink)! They pulled it off without the Kauaʻi Planning Commission or the people of Kauaʻi even knowing what was happening – until it was already a done deal.
The question as to the effectiveness of the Planning Commission and the wisdom of transferring its power to the Planning Director is a legitimate one – but the process utilized by SB3202 reeks of impropriety and insider influence.
The public should have been properly informed and allowed appropriate opportunities to weigh-in on the matter.
The Planning Commission should have been informed of the pending proposal and formally asked for their opinion.
But they were not.
Obviously Kauaʻi Representative Luke Evslin as the primary sponsor of the bill knew about the strategy and the end-game. Recently released UIPA emails clearly show also that Kauaʻi Planning Director Kaʻāina Hull was an active participant in the conversations leading up to the measures final outcome.
In addition, it’s come to light recently that U.S. Senator Brian Schatz is also a player along with his Senior Policy Advisor Michael Dahilig and other members of his staff.
Before joining Senator Schatz, Dahilig was the Kauaʻi County Managing Director, and before that the Kauaʻi Planning Director.
Yes, all of these gentlemen were aware the somewhat obtuse language in SB3202 would circumvent the County Charter and reduce the power and authority of the Kauaʻi Planning Commission – but none of them bothered to inform the Commission, let alone inform the general public.
In another provision unique to the Kauaʻi Charter is Section 14.04. “The Planning Director shall be appointed and may be removed by the commission.”
This implies the Kauaʻi Planning Director works under the authority of the Planning Commission and begs the question – How come the boss wasn’t made aware of a pending proposal to decrease the boss’s authority and power?
Some will argue the Planning Commission serves a useful purpose and others will say it’s a waste of gas.
The residents of Kauaʻi and the Planning Commission itself should have been able to have that conversation.
But they weren’t.
Clearly the fix is in and the deal is done.
But it’s still worth a call to Governor Green (808) 586-0034. SB3202 is a bad bill. It’s bad policy, and very bad politics – and he should veto and not sign it into law.
Please – make the call. Polite and professional please. Do it now, over the weekend and you’ll likely get voice-mail anyway – so it’s easy and you will feel good having done so.
Gary Hooser
Kauaʻi resident
Former State Senator representing Kauaʻi
Former member of the Kauaʻi County council
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Whatever goodwill I had for Green going into office, it has evaporated.
What a sellout!
And almost the entire Democratic Party in Hawaiʻi is beholden to contractors, developers and unions.
They consistently betray us to the corporations and the military.
It is beyond time to kick the bums out.
Letʻs face it, as a politician, it is much more fun to take the money and hang with celebrities and the wealthy than to deal with cranky poor people.
I know it seems cynical, but every sign points to a future of continuing to export Hawaiian families, putting workers in apartments, and building more luxury developments.
I see more and more immigrants from the Philippines, from where we are actively recruiting teachers, nurses and other workers, replacing Hawaiian workers and families that are leaving.
Is this intentional on the part of government, in collusion with corporations? Is that why our educational system is so poor? To help further displace the Hawaiian, and maintain a pool of cheap labor?
From where I sit, sure looks like the corruption and rot of corporate uber-capitalism is rapidly replacing the bourgeoisie capitalism upon which our communities are built.
It is beyond sad.
But why are the majority of Hawaiian people not angry? What is really happening is so well hidden behind the gloss and mirrors of local media youʻd think this place is some kind of paradise.
What little media there is that discloses real news gets buried by the mainstream, and preaches to the choir.
So Governor Green and his cronies in The Party will continue to keep smiling and waving and “leading” us nowhere. They are like bulls with rings in their noses, and the reins that control those rings are held by corporations.
Well said.