Gov. Josh Green revamps housing proclamation

Hawaii Gov. Josh Green speaks to the media, in Honolulu, Friday, Sept. 8, 2023. (AP Photo/Audrey McAvoy)

Gov. Josh Green on Tuesday issued a third emergency proclamation to stimulate development of affordable housing, satisfying plaintiffs who withdrew a lawsuit they had filed over concerns that Green’s proclamation removed safeguards on protecting the environment, cultural resources and government transparency.

Earthjustice, a nonprofit public-interest law organization, sued the state and Green’s former Chief Housing Officer Nani Medeiros on behalf of the Sierra Club, affordable-housing and Native Hawaiian advocates, the American Civil Liberties Union of Hawaii and some residents in West Maui.

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Green’s original 60-day emergency proclamation, issued July 17, created a new state emergency housing development approval panel intended to get 50,000 homes built faster across the islands.

In issuing his original emergency proclamation, Green said he intended to modify it over the following year in response to concerns.

In response to original criticisms, Green issued an updated 60-day, emergency proclamation on Sept. 15, which also failed to address the lawsuit’s concerns over suspending state laws requiring public hearings, assessment of environmental impacts and protections for Native Hawaiian burials.

Green’s third emergency proclamation, which he issued Tuesday, reinstates County Council oversight over most affordable housing projects and no longer suspends Hawaii’s Sunshine Law, burial protections and environmental review requirements, according to the groups that sued.

Green did not immediately respond to a request for comment.

Kekai Keahi, of Na ‘Ohana o Lele Housing Committee, said in a statement:

“We are keeping a watchful eye to see what the Green Administration does with this new proclamation. It is good that they recognized their mistake and removed the worst of the suspensions included in the original emergency proclamation on housing. We are committed to standing watch over every action the administration takes under this new proclamation to ensure the community’s voice is not ignored.”

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