OPPOSE SB872 to prevent a PLDC 2.0

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February 14 update:

SB872 was deferred by the Senate Committees on Housing + Public Safety and Intergovernmental and Military Affairs + Water and Land and is essentially done for this session.

Mahalo nui to everyone who submitted written testimony and turned out for the hearing!

February 11:

SB872 exempts housing projects developed under private-public partnerships with the Hawaiʻi Housing Finance and Development Corporation (HHFDC) from any state and county laws, ordinances, rules and restrictions concerning land development, planning, and building construction standards, and zoning, among other exemptions. Sound familiar? SB872 is a near repeat of the Public Lands Development Corporation (PLDC) that was passed in 2011 and repealed two short years later, after tremendous public outcry and grassroots advocacy.

Date, time of hearing with name of committee(s)

Monday, February 13 at 3:01pm in the Senate Committees on Housing + Public Safety and Intergovernmental and Military Affairs + Water and Land, conference room 225

Bill number + description

SB872 allows the Hawaiʻi Housing Finance and Development Corporation to develop certain housing projects that are exempt from laws, rules, and ordinances, including income restrictions, under certain circumstances.

Why this bill is bad

SB872 is a free-for-all for developers. By its express language, this bill would let them engage in private-public partnerships with the HHFDC, to get an automatic free pass from any and all laws concerning the development and improvement of land, planning, zoning, and construction standards - among other things - to develop housing projects without any income restrictions for residents.  

Environmental assessments that can avoid unnecessary environmental impacts and human health hazards; historic preservation review that can prevent the permanent loss of cultural sites and iwi kūpuna; community development plans and zoning ordinances that protect culturally, socially, and agriculturally significant features and landscapes; building standards that take into account sea level rise or that could require energy efficient features - all of these and more would be thrown out the window, for housing developments with units priced above what most local residents can afford, and potentially sold to the richest among us.

While the bill intends to provide much needed housing to Hawaiʻi’s residents, SB872 does so in a grossly negligent manner, without regard for Hawaiʻi’s laws and processes that safeguard the public’s needs - including for housing that is truly affordable. 

SB872 would have immediate and long standing impacts on the environmental, cultural, and socioeconomic health and well-being of our islands, irreversible impacts that could be felt for generations. 

Sample testimony

Dear Chairs Chang, Wakai, Inouye, Vice Chairs Kanuha and Elefante, and members of the committees, 

My name is ______ and I respectfully OPPOSE SB872. 

I appreciate this bill’s apparent desire to tackle our islands’ housing challenges. However, the exemptions for public private partnerships with the HHFDC are simply too broad, and risk too many significant and potentially irreversible impacts, for this measure to be feasible.   

Environmental assessments that can avoid unnecessary environmental impacts and human health hazards; historic preservation review that can prevent the permanent loss of cultural sites and iwi kūpuna; community development plans and zoning ordinances that protect culturally, socially, and agriculturally significant features and landscapes; building standards that take into account sea level rise or that could require energy efficient features - all of these and more would be thrown out the window, for housing developments with units priced above what most local residents can afford.

This bill could have immediate and long standing impacts on the environmental, cultural, and socioeconomic health and well-being of our islands - including irreversible impacts that could be felt for generations. 

Accordingly, I respectfully urge the Committees to HOLD SB872. Mahalo nui for the opportunity to testify.

Sincerely, 

[Your name]

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.

  3. Enter "SB872" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! 

    1. Note: Virtual testimony option may be disabled 24 hours before the hearing.

  5. If you are testifying via Zoom, be sure to review these instructions (page 4)