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Concerns over state's emergency housing proclamation heighten after fire displaces thousands

In upcountry Maui, the Kula fire destroyed numerous area homes. Maui County firefighters were still on the scene Friday night.
Deanne Fitzmaurice for NPR
In upcountry Maui, the Kula fire destroyed numerous area homes.

Emergency workers estimate some 12,000 people have been displaced by the Maui wildfires, furthering the state's housing crisis. Working groups and committees have been discussing ways to expedite housing, but some are worried too much deregulation could cause more problems down the line.

Gov. Josh Green’s emergency proclamation on housing was signed in mid-July, offering an alternative review process, and removing some cultural and environmental regulations for some approved housing projects. The approval lies with the state’s chief housing officer, Nani Medeiros.

Nani Madeiros at the emergency proclamation signing on July 17, 2023.
Office of Gov. Josh Green
Nani Madeiros at the emergency proclamation signing on July 17, 2023.

"Much of this began before the wildfires as we were drafting the emergency proclamation to identify what projects existed in Maui County's pipeline," Medeiros, who visited Maui Wednesday, told the Maui County Council’s Housing and Land Use Committee.

There are about 11,000 units anticipated to be built in the next decade on Maui. Seven projects are expected to open in the next year and a half, Medeiros explained.

Infrastructure, like sewer and wastewater, and permitting often present the greatest barriers to development. One estimate used by the Build Beyond Barriers Working Group — which Green's emergency proclamation established — said current regulations may add $233,000 to $325,000 to new home costs.

Residents voice housing concerns

The working group has faced scrutiny since it was announced, with environmental groups concerned for its use of deregulation.

Wayne Tanaka, executive director of the Sierra Club Hawaiʻi and part of the working group, said the proclamation "opens the door for development without really any explicit affordability safeguards or even a working definition of Hawaiʻi residents."

Tanaka was one of more than 100 residents signed up to testify Wednesday, many voicing their opposition to the emergency proclamation.

"This emergency proclamation from the governor began because of a housing crisis. But really the emergency proclamation is indicative of a crisis of government," Jason Economou, the Realtors Association of Maui's government affairs director, said.

Hawaiʻi Public Radio
Apartments in Kīhei on Maui.

Economou said that zoning reform is needed, a path of ad-hoc approvals through the working group won't solve long-term problems.

"There are too many discretionary approvals. That doesn't mean that we need to get rid of all regulation. That's not what I'm advocating for. What I'm advocating for is a better government that serves the people," Economou said.

In a way, government reform is what was most talked about during the meeting.

Sterling Higa, a Maui resident and executive director of Housing Hawaiʻi's Future, is also part of the working group and spoke in favor of it.

Higa said the emergency proclamation makes a difference by taking action against the state's and county's "exclusionary zoning laws, minimum lot sizes, minimum parking requirements, limits on accessory dwelling units, (and) ban on kauhale."

"In my lifetime, this council has done nothing to reform these racist laws," Higa said. "Why? Because of a lack of will. Now we know we need to do this."

But resident Jordan Hocker said regulations are a form of conservation.

"The reason these regulations are in place is because we live in an incredibly special, special area with a lot of cultural and a lot of environmental resources that need to be protected," Hocker said.

Issues surrounding rent freezes and evictions in another emergency proclamation more closely tied to the wildfires were also a concern.

August 13: A Maui County firefighter uses a hose line to extinguish a fire near homes during the upcountry Maui wildfires in Kula, Hawaii.
Patrick T. Fallon
/
AFP via Getty Images
August 13: A Maui County firefighter uses a hose line to extinguish a fire near homes during the upcountry Maui wildfires in Kula, Hawaiʻi.

Rebuilding Lāhainā

While the wildfires are top of mind, rebuilding Lāhainā is not what the working group is focused on, though some have connected the two.

"Lāhainā is not on the table, not until the community is ready," Medeiros said. "If and when they are ready. If the working group can assist or support in any way, we will."

Medeiros said the group is in the process of needs assessments. On Wednesday, she participated in meetings on Maui to discuss land three to four government-owned parcels in West Maui, and two privately owned in Central Maui for development.

She urged those with second homes or short-term vacation rentals to open them up for displaced residents.

"One of the single most meaningful things people can do who own a second, third or fourth home: give that to the community right now so someone can live there for the next year or two. It does not create a new burden on infrastructure," Medeiros said. "It makes sense."

The council’s housing committee will reconvene on Sept. 13, for a full-day meeting to discuss the emergency proclamation’s effects on Maui.

Sabrina Bodon was Hawaiʻi Public Radio's government reporter.
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