Any Bailout Of Honolulu Rail Must Include Tough State Oversight
While we’d prefer no more money go to the mismanaged project, it’s heartening that proposed tax increases include closer scrutiny of HART.
Civil Beat聽is on record as opposing any more money for the Honolulu rail project beyond what has already been budgeted.
Just four months ago we wrote, 鈥淚n addition to the rail project鈥檚 ridiculous cost overruns, the city has yet to even present a plan for how it will cover rail鈥檚 operating and maintenance costs.”
That conviction is only reinforced by alarming developments in recent days.
Honolulu Mayor Kirk Caldwell and state House and Senate leaders have engaged with the city administration and the over whether the total cost of the project is $8.2 billion or $8.7 billion.
Meantime, on Saturday聽 that a transportation consultant and national expert on transit issues said, “Right now it’s probably a race between California and Hawaii of who’s going to get their projects built or have the biggest boondoggle in the country.鈥
This is enormously embarrassing — not to mention fiscally stupid — for the city, the state and all of us who live here and pay taxes.
Beginning Monday, state lawmakers will consider , a compromise proposal to generate almost $2.4 billion from two state taxes to allow Honolulu to pay for what is conservatively expected to be a $10 billion rail project by the time construction ends at Ala Moana Center.
While we remain very uncomfortable with any further bailout for rail, we are heartened that SB 4 calling for the State Auditor to closely scrutinize HART, including its financial records, management policies and accounting systems.
While the words 鈥渇orensic鈥 and 鈥渋ndependent鈥 鈥 words used by several prominent rail critics of the type of audit they prefer 鈥 are not mentioned in SB 4, the proposed legislation calls for serious state oversight of the city project.
As spelled out in the bill, in order to make sure that county surcharges on state taxes are being 鈥渕anaged and used in a reasonable manner,鈥 the auditor鈥檚 examination scope will include the following:
- fiscal and management policies, practices and聽processes associated with HART鈥檚 plans, design, bidding聽and construction of the project;
- all contracts awarded for, and expenses associated with, the project including payments to contractors, subcontractors and consultants, as well as any change orders;
- spending by HART for personnel costs, lease rent and 鈥渁ny other costs associated with its management and聽operations鈥; and
- 鈥渁ny other subjects that the auditor deems necessary聽for review, to determine whether funds received” by the Honolulu Authority for Rapid Transportation from the county surcharge on state tax “are being managed and used in a reasonable manner.鈥
The State Auditor will also be tasked with researching Federal Transit Authority criteria to find out whether spending complies with the city’s full-funding agreement with the feds.
But wait, there鈥檚 more.
The auditor shall 鈥 not may 鈥 identify alternative routes, development options and projected costs for the section that will run from Middle Street to Ala Moana.
HART must also provide to the auditor a 鈥渄etailed financial plan鈥 on how the city will finance operations and maintenance costs 鈥渨ithout the use of state moneys or other state-provided financial supports.鈥
The Power To Subpoena
To help the auditor鈥檚 office do its job, it has subpoena power to obtain any HART documents it deems necessary, 鈥渋ncluding but not limited to invoices, contracts, progress reports, and time schedules.鈥
There is also this condition in the measure:
Any private company or agency contracted to provide services for the locally preferred alternative for a mass transit project shall cooperate with and assist the auditor as needed in conducting the annual review, including promptly providing all records and other information requested by the auditor in the course of the annual review.
No wonder Mayor Caldwell doesn鈥檛 like SB 4.
It鈥檚 much easier to simply beg for a never-ending GET surcharge for Oahu and to appoint Caldwell buddies like Ember Shinn to the HART board so they can oppose calls for audits.
The auditor鈥檚 report is due shortly before the Legislature will convene in 2019.
That may seem like a long ways away, but construction on rail can continue as the changes in funding kick in. Annual reviews of the rail agency are also required by the auditor under SB 4
The Legislature has the authority to revisit the language in SB 4 in future sessions, including the audit requirements and funding mechanisms.
The Senate Ways and Means Committee is scheduled to hear SB 4 beginning at 3 p.m. Monday in the Capitol Auditorium.
We urge the public and public officials to give careful, thoughtful consideration to this legislation.
As much as we would rather not throw any more taxpayer money toward the rail project, if it is to happen,聽it’s imperative that an agency other than the city and HART keep close tabs on and where and how the money is being spent.
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The members of Civil Beat’s editorial board are Pierre Omidyar, Patti Epler, Jim Simon, Richard Wiens, Chad Blair, Jessica Terrell and Landess Kearns. Opinions expressed by the editorial board reflect the group’s consensus view. Chad Blair, the Politics and Opinion Editor, can be reached at cblair@civilbeat.org.