LIHU‘E — People for the Preservation of Kaua‘i, one of the driving forces behind the fight against the Hawai‘i Superferry, has reformed with a new mission — to squash Act 55 in court. On May 20, 2011, Gov. Neil Abercrombie
LIHU‘E — People for the Preservation of Kaua‘i, one of the driving forces behind the fight against the Hawai‘i Superferry, has reformed with a new mission — to squash Act 55 in court.
On May 20, 2011, Gov. Neil Abercrombie signed Act 55, creating the Public Land Development Corporation, comprised of five board members, none from Kaua‘i, who have broad powers to allow commercial development on public lands — including 1.8 million acres of ceded lands — while circumventing county zoning laws.
PLDC’s intent is to generate additional revenue for the Department of Land and Natural Resources, a state agency which has in its mission a pledge to protect the state’s limited natural, historic and cultural resources.
PPK Chairman Rich Hoeppner said his group — which is made up of an executive committee, working with two “top-notch” lawyers — is “revived, alive and well,” ready to fight what he describes as a “ridiculous” bill.
“Our goal is to raise funds to get this bill to the Supreme Court to determine the constitutionality of Act 55,” Hoeppner said Friday. “It is just total insanity what they are proposing … we’re going after this thing.”
Hoeppner, along with other opponents in the community, believes that the bill allows for large corporations to come to Kaua‘i and develop public lands with no accountability.
“The only way we are going to beat them is to go to court … just like we did with Superferry.”
Last September, Councilman Kipukai Kuali‘i introduced a resolution calling for the repeal of Act 55. Maui and Big Island county councils also passed similar resolutions.
Despite local opposition, Kaua‘i County Mayor Bernard Carvalho Jr. has expressed his willingness to amend Act 55 rather than calling for a straight repeal, saying that he supports the intent of the PLDC.
Kuali‘i, however, said the mayor and his administration have “not put forward even the most obvious first county amendment to preserve the county’s ‘home rule’ and disallow the PLDC from bypassing county zoning and other land use regulations.”
On Friday, Kuali‘i organized a “sit-in” of concerned community members at the Moikeha Building to advocate for the repeal of Act 55.
“He (Carvalho) came down and basically listened and participated,” Kuali‘i said.
“Neither side convinced the other side to change (its) mind.”
Kuali‘i says his personal concerns with the bill are lengthy.
“The biggest one is the ‘home rule’ and land use laws that the PLDC would have the right to bypass that, circumvent county zoning laws,” he said
He is also concerned with the lack of local representation on the PLDC’s five-member board, as well as no written exceptions within the bill for developing conservation areas.
“People from Kaua‘i should be on the board deciding what is done with Kaua‘i land.”
As a result of those concerns, Kuali‘i said he has accepted Hoeppner’s invitation to join PPK’s executive board.
“I have two more meetings on the council,” said Kuali‘i, who lost his race for re-election Nov. 6. “I’ll have a little bit more time and I intend to stay engaged and active in the community … when I was asked (to join PPK) it was kind of automatic.”
Hoeppner says the PPK has a solid argument against Act 55, which he believes “could bankrupt the state of Hawai‘i.”
“We’re going to beat it,” he said. “No doubt in my mind.”
The People for the Preservation of Kaua‘i is scheduled to begin meeting within a week or so.
“We’ve got decisions to make on how we are going to go about this,” Hoeppner said. “Those decisions will be made by the executive board.”
