The
State of Hawai‘i is a regulatory powerhouse.
However,
when it comes to enforcement … it seeks to exempt itself from the same laws it
requires everyone else to follow.
Huh?
Last
session the legislature created the Public Land Development Corporation
(PLDC.) The enabling legislation
suggests, “The purpose of this chapter is to create a vehicle and process to
make optimal use of public land for the economic, environmental and social
benefit of the people of Hawaii.”
“Permissible
uses of public land pursuant to this chapter shall include but not be limited
to office space; vehicular parking; commercial uses; hotel, residential, and
timeshare uses; fueling facilities; storage and repair facilities; and seawater
air conditioning plants.” (i.e. lots of uses)
Yet, the
law provides PLDC a significant list of exemptions granted to this State
entity, “Exemption from requirements. Notwithstanding section 171-42 and except
as otherwise noted in this chapter, projects, pursuant to this chapter shall be
exempt from all statutes, ordinances, charter provisions, and rules of any
government agency relating to special improvement district assessments or
requirements; land use, zoning, and construction standards for subdivisions,
development, and improvement of land; and the construction, improvement, and
sale of homes thereon; provided that the public land planning activities of the
corporation shall be coordinated with the county planning departments and the
county land use plans, policies, and ordinances.” (This law is already in effect.)
Now,
under the cutesy “The Invest In Hawaii Act” moniker, the State wants to exempt
“all repair and maintenance, capital renewal, and capital improvement projects
that are subject to the measure from all county permit, license, and
certificate requirements; provided that the projects still comply with the
applicable county code requirements”.
Another
bill, states that “exceptional planning projects” approved by the legislature
will receive exemptions from the zone change process and compliance with zoning
standards. According to the committee
report on the bill, it will provides “incentives for exceptional planning
projects in the form of exemptions from State land development fees, school
impact fees, and environmental assessment requirements and from county zone
change requirements, zoning standards and impact fees”.
There
are more exemptions proposed at the legislature; but I think you are starting
to get the picture on what is going on.
Why is
it OK for the State to exempt itself from requirements and fees, but continue
to require everyone else to follow the law?
Not only
does this provide a significant cost and regulatory advantage for the State
over private development, by exempting these requirements, it suggests the
rules and fees may not be necessary to begin with.
It will
be interesting to see how these laws are implemented and if it shows existing
regulations are too onerous for even the State to make ends meet.
Obviously,
the legislature feels the laws, rules and fees are too cumbersome for the State
to follow (especially since the State exempted itself from the requirements.)
If these
laws and rules are excessive and unnecessary, why doesn’t the legislature just
change them, rather than simply exempt itself from them and require everyone
else to follow them.
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