A proposal to create an elected community board to govern the rebuilding of Lahaina advanced Friday at the Legislature amid heavy public opposition and a little support.
About 200 people told a Senate committee earlier this week they oppose Senate Bill 3381, which aims to facilitate rebuilding the West Maui town by empowering an elected board of residents from the region to oversee redevelopment perhaps under a master plan with new land-use rules, $200 million in funding and backing by a state agency.
Gov. Josh Green and Maui County Mayor Richard Bissen have concerns about the bill, and about a dozen people including two state officials who would be involved with the proposed governance structure expressed support.
The opposition was overwhelming and included impassioned pleas from people who were displaced by the Aug. 8 wildfire that laid ruin to most of the town.
“As a resident of Lahaina, a real property owner, and someone who lost a home, place of work, and sense of self on August 8th, I find this proposition short-sighted, coercive, and manipulative in both language and agenda,” Penny Guth Tuipulotu said in written testimony. “I understand that Lahaina must rebuild, but why must an additional overlord manage how, what, when, and where? Is that not the duty of the county and state?”
Debbie Wyand of Lahaina also criticized the bill. “We need less government regulation not more,” she said in written testimony. “There are already processes in place for rebuilding Lahaina. Another board funded by taxpayers is not necessary!”
Another vocal opponent of the legislation is Tamara Paltin, Lahaina’s representative on the Maui County Council. “I testify in strong opposition of this bill,” she said in written comments.
The driving intent with SB 3381 is to empower West Maui residents to facilitate and govern Lahaina’s redevelopment, and the bill’s two authors have said they drafted the measure in response to comments from fire survivors at community meetings.
Yet language in the bill, including power to acquire property by condemnation and assess landowners for improvements, has generated concerns from Lahaina community members.
Some of the opposition may be coming from misunderstandings or misperceptions of the legislation, or at least the intent of the legislation.
Many people criticizing the bill fear that it will result in a government “land grab” or that a state agency on Oahu will be making decisions over rebuilding Lahaina.
“As a Lahaina fire survivor, we don’t need the state to step in cause I know they will just take our land,” Zeldine Martinez said in written testimony.
The Hawaii Community Development Authority, a board-led state agency created in 1976 to revitalize Kakaako using tools that included rezoning power and having landowners help pay to improve infrastructure, would help the elected board achieve its goals.
Craig Nakamoto, the agency’s executive director, said in written testimony that he met with about 30 to 40 Lahaina community members Feb. 23 and heard many concerns, including distrust of HCDA, possible misuse of condemnation power and whether an elected board would adequately represent varied views, perspectives and concerns of people from the district.
Nakamoto supports SB 3381, as does James Kunane Tokioka, director of the state Department of Business, Economic Development and Tourism, which is administratively connected to HCDA.
Jackie Keefe, a Lahaina resident, expressed support for the bill in written testimony and said it appears that many people opposing the bill are misunderstanding the relationship between the elected West Maui board and HCDA.
Eric Arquero is another Lahaina resident who endorsed SB 3381, which was introduced by Sens. Angus McKelvey (D, West Maui-Maalaea-South Maui) and Donovan Dela Cruz (D, Mililani-Wahiawa-Whitmore Village).
“I appreciate the intent of the author of this bill to place the community in the driver’s seat and to give us the ability to make decisions based on community consensus vs. having to lobby for our voices to be heard by officials who have set their own agenda or interpretation of what Lahaina wants,” Arquero said in written testimony.
Under the bill, a board chosen by West Maui residents during a Jan. 1 special election would be tasked with creating a new community plan for a newly formed Lele Community District, which is an old name for the Lahaina district, which stretches from Maalaea to Kaanapali.
Bissen and Green didn’t take a position for or against SB 3381, but raised concerns.
Bissen raised the issue of a potential negative impact from introducing a new layer of regulation.
“While the intention is undoubtedly to aid in the recovery process, we must ensure that it does not inadvertently hinder the efficient return to housing for survivors,” he said in written testimony. “Streamlining processes and minimizing bureaucratic hurdles should remain paramount to expedite the rebuilding efforts.”
Green noted in his written testimony that there is already a state disaster recovery coordinator whose task includes recovery and resiliency planning in support of Maui County.
The governor also said seven state agencies focusing on areas that include planning, infrastructure, housing and natural resources are assisting with recovery support functions in coordination with Maui County, federal partners and private organizations.
As is customary, only written testimony was accepted for consideration by the Senate Ways and Means Committee, chaired by Dela Cruz.
The committee considered SB 3381 after an initial public hearing was held Feb. 14 by the Senate Committee on Energy, Economic Development and Tourism and the Committee on Water and Land.
At the initial hearing, relatively little testimony was submitted, and there was a roughly even split between supporters and opponents, while Green, Bissen and others expressed concerns.
On Friday the Ways and Means Committee amended the bill to address some previously raised concerns, including one to limit campaign contributions to $100 for people seeking to be on the board and one to limit condemnation to achieving the board’s community plan.
A committee report also will note that the board’s intent is to provide a path for self-determination by the Lahaina community, that its master plan should integrate the county’s West Maui plan and that it establish rules to receive community input as soon as practical.
All 13 members of the committee voted to pass the bill. If the full 25-member Senate passes the bill next, the measure would be sent to the House of Representatives for consideration.