2022 Motion for Approval of Job Credits

BACKGROUND

Pursuant to HAR§ 15-15-70, Petitioner HASEKO (EWA), INC., successor in interest to Haseko (Hawaii), Inc. (” Petitioner”) moves the Land Use Commission (“LUC”), for an order approving 572.75 Job Credits.

On October 17, 1990, the LUC issued its Findings of Fact, Conclusions of Law, and Decision and Order in Docket No. A89-651 (“D&O”) for the reclassification of approximately 403.008 acres, situated at Honouliuli, District of Ewa, Island of Oahu, State of Hawaii, from the Agricultural District to the Urban District (“Petition Area”), for the Phase II of Petitioner’s 1,100-acre project that is now known as Ocean Pointe/Hoakalei.

Currently, nearly eighty-two percent (82%) of the permitted 4,850 housing units have been built and sold to individual homeowners.

Condition 1 of the D&O requires Petitioner to obtain one job credit for every hotel or hotel/condominium unit Petitioner is allowed to build.  Petitioner has not yet built any hotel or hotel/condominium units.  As described in its motion, credits are calculated based upon three classes of criteria: a) construction worker hours, b) development of new non-tourism related projects or facilities, and c) monies invested in or contributed to job training programs.  Credits are earned when approved by the LUC.

On February 8, 1994, the LUC issued its Order Granting Motion for Approval of Job Credits and Motion for Clarification and/or Modification of Condition (“1994 Order”).  The 1994 Order amended Condition 1 and approved 2.47 Job Credits for reporting year 1991. (See Exhibit “3”) A summary of Petitioner’s request for approval of Job Credits is attached as Exhibit “4”.

Petitioner is requesting approval of 572.75 job credits: 236.13 Construction Job Credits, 229.06 Facility Job Credits, and 107.56 Training Job Credits.  This request is for credits reported from 1991 through 2020.  If this request is granted, Petitioner expects to start building up to 575.75 hotel or hotel/condominium units.

STATUS

The LUC met and considered this Petition on December 7, 2022.  The Commission rendered a decision to grant the motion for approval of job credits and issued its decision and order on the matter on December 19, 2022.

<strong>Petitioner Filing</strong><strong>Land Use Commission (LUC) Filings</strong><strong>State</strong> <strong>Office of Planning & Sustainable Development (OPSD) Filings</strong><strong>City and County of Honolulu Filings</strong><strong>Public Comments</strong><strong>LUC Notices and Orders</strong>

Petition for Land Use District Boundary Amendment and Exhibits (09/21/2022)

Motion and Declaration

Exhibit 1 – Findings of Fact, Conclusions of Law and Decision and Order, filed October 17, 1990 in LUC Docket No. A89-651 (“Job Credits Motion”).

Exhibit 2 – Petitioner’s annual report dated October 17, 2021.

Exhibit 3 – Order Granting Motion for Approval of Job Credits and Motion for Clarification and/or Modification of Condition, filed February 8, 1994.

Exhibit 4 – Summary of Petitioner’s request for approval of Job Credits.

Exhibit 5 – Relevant portions of Petitioner’s annual reports for years 1991 through 2020.

Part 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9 /
Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17 /
Part 18Part 19Part 20Part 21 / Part 22 / Part 23 / Part 24 / Part 25 /
Part 26 / Part 27

Exhibit 6 – Summary of contributions to Training Job Credits.

Exhibit 7 – List of all withdrawn contributions that were previously reported.

Certificate of Service

Petitioners Amended Certificate of Service (10/27/2022)

No public comments were received.

Decision & Order (12/19/2022)

 

Agenda & Minutes

December 7, 2022: Agenda | Minutes | YouTube