Gov. Josh Green’s second, modified emergency proclamation on housing continued to draw scrutiny Friday as critics reviewed the revisions made to satisfy their concerns.
A plaintiff in one of two lawsuits over Green’s first emergency proclamation to expedite construction of 50,000 more homes was initially “happy” with Green’s modifications on Friday to change the scope of the panel and address initial concerns.
But Kuikeokalani Kamakea- Ohelo — a Native Hawaiian father of six, Maui farmer and member of the state Land Use Commission — said he needs to consult with his fellow plaintiffs before deciding whether to continue pursuing their lawsuit challenging the emergency proclamation that created the 36-member Build Beyond Barriers working group.
“We’re going to regroup and look at it as a team,” Kamakea-Ohelo, 37, told the Honolulu Star-Advertiser.
He initially joined a lawsuit filed by Earthjustice on behalf of the American Civil Liberties Union of Hawai‘i, the Sierra Club and three local community organizations.
At first look, however, Kamakea- Ohelo said he liked that Green’s second emergency proclamation addressed several of his initial concerns — especially making the panel comply with the the state Sunshine Law, Native Hawaiian burial practices, environmental review and others.
Kamakea-Ohelo lives in Waimanalo but runs a 15-acre farm on Maui and does not own a home of his own. He worries whether his children — ages 2 to 17 — ever will, as well.
But he also had concerns about Green’s initial proclamation intended to expedite the construction of 50,000 new homes across the state by exempting the panel from normal rules that govern state commissions and other bodies, such as the Sunshine Law.
“That’s not pono at all,” Kamakea-Ohelo said. “There’s a valid reason why these laws exist.”
After an initial review of Green’s Friday emergency proclamation — intended to remain in effect through Nov. 14 — Kamakea-Ohelo said, “I honestly feel happy after briefly reading the emergency proclamation. The governor has been listening.”
But Maui attorney Lance Collins, who filed the first lawsuit over Green’s initial proclamation, wrote in an email to the Honolulu Star-Advertiser that Friday’s emergency proclamation allows Green “to exercise power unlawfully. If the governor wants to change the laws, he should use his actual lawful powers and call the Legislature into special session. Everyone is grateful that the scope of the erroneous exercise of power has been curtailed by this new proclamation, but the proclamation still exercises governmental power unlawfully where it modifies and makes new law.”
Collins joined three other Hawaii lawyers in their lawsuit on behalf of nine people who are contesting the authority of the working group.
Green’s original 60-day emergency proclamation, issued July 17, created Build Beyond Barriers — a new state emergency housing development approval panel intended to get homes built faster across the state.
But exemptions from state laws for the panel unleashed intense criticism, including fears that it would provide a windfall for private developers to build market-rate homes.
The new emergency proclamation specifies that the panel will focus on developing “affordable” housing and will be subject to the Sunshine Law and environmental, historic preservation and environmental reviews, among other changes.
It also specifically exempts housing construction in Lahaina following the Aug. 8 wildfire that killed at least 97 people and has led to concerns that private developers will rebuild in ways that the community does not want.
Green’s new emergency proclamation is intended to be in effect for 60 says but he has repeatedly said that he expects to extend it for a year and give lawmakers at the upcoming legislative session opportunities to codify some of the panel’s findings into state law.
Following up on his initial pledge, Green told the Star-Advertiser on Thursday that he will continually adjust future emergency proclamations in response to community concerns.
