We did it! Coal Ban Becomes Law

Hawaiʻi just made history! Yesterday, SB2629 became law, solidifying the end of coal burning in Hawaiʻi before 2023. This is a huge step forward in our journey to 100% clean renewable energy, as the AES coal-fired plant in Kapolei, Oʻahu is the last coal plant in the islands. This also means that after 2022, the toxic coal ash resulting from the AES coal plant will no longer be transported to the PVT landfill in Nānākuli where it is used to blanket the day’s trash—harming the workers’ and surrounding communities’ health and air quality.

“Ending coal in Hawaii is a big win for our communities and environment,” said Jodi Malinoski, Sierra Club Hawaii Chapter Policy Advocate. “Coal burning, and the resulting toxic ash, has harmed the islands for far too long. We are eager to make coal a thing of the past and are grateful for the community members, volunteers and lawmakers that helped make this milestone a reality.”

We want to thank our CapitolWatch supporters for their support on these bills. The Sierra Club of Hawaiʻi has worked towards this moment for several years and we are excited to see it finally happen. We also extend a huge thank you to Rep. Nicole Lowen for championing this bill—take a moment to thank her, via email, for her support and hard work!

But this news isn’t just big for Hawaiʻi—closing the AES coal plant in West Oʻahu also marks 60% of the coal plants across the United States being retired. This milestone doubles the Sierra Club’s original goal, set in 2011, which pledged to retire 30 percent of the nation’s coal fleet by 2020 and accelerate the United States’ transition to a clean energy economy.

In anticipation of the coal plant closure in 2022, Hawaiian Electric Industries announced 8 projects selected for renewable energy projects on Oʻahu. These projects are solar-plus-storage, ensuring energy capture for electricity generation around the clock. Clean energy projects, done right, are better for the environment and lower electricity rates for our communities.

Governor Signs Environmental Bills Into Law

Despite pausing the 2020 legislative session twice due to the COVID-19 pandemic, Governor Ige signed nearly 70 new bills passed by our legislature into law. Among them are a small handful of environmental measures, including:

  1. Act 014 - Legalizes the growth of hemp in the State through the United States Department of Agriculture hemp production program. Allows the processing and sale of hemp products in the State through State licensing.

  2. Act 016 (Sierra Club Priority Bill) - Updates our coastal zone management law to protect beaches and coastal ecosystems against the impacts of sea level rise and coastal erosion. Prevents seawalls and other shoreline hardening structures in beach areas, unless a variance is granted, and establishes a 40 foot shoreline setback from coastal development.

  3. Act 023 (Sierra Club Priority Bill) - Bans coal-fired electricity generation in Hawai‘i by 2023, aligning with the planned retirement of the last coal plant in the state. Ensures Hawai‘i’s progress to a 100% clean energy future and mitigates the public health impacts from the disposal of toxic coal ash in the Nānākuli community.

  4. Act 032 - Authorizes the Dept. of Agriculture, in conjunction with the Hawaii Ant Lab, to identify best practices for the treatment of little fire ants. Adds any application that may defeat the best practices for the treatment of little fire ants to the prohibited acts of pesticides.

  5. Act 045 - Establishes a statewide sustainability branch within the Office of Planning. Updates and reaffirms the role of the office to coordinate among state agencies regarding climate change adaptation and sustainability. 

  6. Act 060 - Grants county agencies the right to enter property to investigate agricultural buildings for violations of and compliance with building permit and building code exemption requirements.

  7. Act 061 - Amends the renewable energy technologies income tax credit for utility-scale solar projects. 

  8. Act 073 - Establishes a 1/2 mile buffer zone around landfills to mitigate public health impacts. Prevents waste facilities from being located in land designated for conservation purposes.

Unfortunately, Governor Ige did not change his mind and vetoed HB 1846, a good bill that would have required state government to “lead by example” on carbon reductions by implementing energy and water efficiency measures in state buildings.

We were able to pass two of our top priority bills relating to sea level rise and clean energy, but the COVID-19 pandemic and the climate crisis continues. Next legislative session we will return to our state Capitol to not only advance our climate change goals, but help Hawai‘i recover from this economic and health crisis in a sustainable and equitable way. Mahalo for your support.

Hey, Governor Ige- Don't Veto Energy Efficiency Bill

Governor Ige recently announced his intent to veto 6 bills that were passed during the 2020 legislative session. Among them is House Bill 1846, an important bill that not only advances our climate change and clean energy goals, but supports good, clean jobs and saves the state money! Join us in asking Governor Ige to NOT VETO HB 1846.

What does the bill do: HB 1846 is the state’s way to lead by example on reducing our electricity use. The bill requires energy efficiency measures to be taken in state buildings and requires new state buildings to include energy and water efficiency measures, to maximize clean energy generation, and to use construction materials that reduce the building’s carbon footprint. The bill requires that the efficiency measures be feasible and cost-effective and also includes exemptions for small buildings and the Aloha Stadium, helping to ensure this law makes financial sense and is not overly burdensome to implement.

How you can help: Call Governor Ige’s office at 808-586-0034 and ask that he does not veto HB 1846. Then, send a message via his “Comments on Legislation” form by using the information below:

  • Include your name, city, and email address

  • Is this a Senate or House Bill: HB

  • Bill Number: 1846

  • Position: Support

  • Message:

    Aloha Governor, I’m asking you to not veto House Bill 1846, which is the state’s way to lead by example on energy efficiency. Our state facilities are one of the largest electricity users and requiring feasible, cost-effective efficiency measures in state buildings is a no-brainer solution to reduce energy waste, keep people employed, and save taxpayer money as we deal with the projected budget shortfalls of COVID-19. Hawai‘i is facing an unprecedented economic and climate crisis. This bill not only reduces Hawai‘i’s carbon footprint by making our state facilities more sustainable in their construction materials, electricity, and water use, but also supports 5,000 existing jobs in energy efficiency at a time when we need to seriously address climate change and diversify our economy. Please do not veto HB 1846.

The deadline to veto and sign bills is September 15th. Send a message to Governor Ige today (and call his office at 808-586-0034) asking him to not veto HB 1846.

Quick 2020 Session Recap

We started the 2020 legislative session in January with high hopes for passing a variety of top priority bills to address the climate crisis and make Hawai‘i more equitable and sustainable. However, due to COVID-19, the legislature suspended session in mid-March, reconvening shortly in May and June with modified legislative processes. Thankfully, and gratefully, we were still able to pass a few good bills during this unusual and unprecedented 2020 legislative session.

Sierra Club’s top priority environmental bills that passed:

  1. SB 2629- Bans coal in Hawai‘i by 2023, aligning with the planned retirement of the last coal plant in the state. Ensures Hawai‘i’s progress to a 100% clean energy future and mitigates the public health impacts from the disposal of toxic coal ash in the Nānākuli community.

    • After similar bills stalled in the Senate the past two sessions, Rep. Nicole Lowen inserted language to ban coal into a different bill and passed this bill out of her Committee. Rep. Luke also heard and passed this bill with good amendments. In the final floor votes, 5 members of the House opposed this bill and it was unanimously supported in the Senate.

  2. SB 2060- Updates our coastal zone management law to protect beaches and coastal ecosystems against the impacts of sea level rise and coastal erosion. Prevents seawalls and other shoreline hardening structures in beach areas, unless a variance is granted, and establishes a 40 foot shoreline setback from coastal development.

    • This was a top bill to address sea level rise, prevent beach loss, and protect public access. Similar bills were introduced and failed last session, but this year the bill was heard and passed. In the final floor votes, 1 member of the House opposed this bill and it was unanimously supported in the Senate.

Bad bills that were successfully stopped:

When the legislature reconvened in May and June, a handful of bills that the Sierra Club opposed were still alive and could be considered and passed. Fortunately, the following bills were either not heard, deferred, or amended to remove problematic language:

  1. SB 2828- Amends the State Water Code to allow the potential water banking of public streams for fire safety purposes.

    • Bills were introduced in both the House and Senate that would allow for public trust streams to be diverted and placed in large reservoirs for future fire-fighting purposes. This was particularly concerning for Maui streams, which have a history of being diverted for corporate interests at the expense of stream ecosystems and downstream communities. This bill failed to get a hearing in the House Finance Committee, chaired by Rep. Luke.

  2. HB 2035- Transfers the management of 90,000 acres of watershed “pasturelands” from the Dept. of Land and Natural Resources to the Dept. of Agriculture.

    • Instead of a wholesale transfer of these lands, Senate Chairs Kahele, Gabbard, and Dela Cruz amended this bill into a pilot project that reduced the amount of pasturelands transferred and placed other requirements on the use and management of these lands. The bill passed the House with several members voting no and passed the Senate with 1 member voting no. Ultimately, the bill died because the House disagreed with the Senate changes and no compromise was reached.

  3. SB 3103- Establishes a Schools Facility Agency that would have been exempt from environmental protection, historic preservation, and public transparency laws.

    • This was one of four bills that was presented as a joint legislative package at the beginning of session. This bill aimed to expedite the construction of schools in the state, but did so by setting up a new agency that was exempt from several important state laws such as Environmental Impact Statements and Historic Preservation. Rep. Woodson and Rep. Luke in the House removed all the problematic exemptions and we no longer opposed the bill, which passed amended in the House and Senate.

  4. SB 3104- Weakens the authority of the Land Use Commission in rezoning agricultural lands for the purpose of housing development.

    • This was one of four bills that was presented as a joint legislative package at the beginning of session. This was a comprehensive bill aimed to expedite the construction of “affordable” housing. We primarily opposed the section of the bill that would have weakened the state Land Use Commission’s oversight to approve the rezoning of lands for agricultural purposes for housing development. Upon reconvening session, this bill failed to be heard by Rep. Brower and Rep. Luke.

Other environmental bills that passed:

  1. SB 2386- Establishes a 1/2 mile bufferzone around landfills to mitigate public health impacts. Prevents waste facilities from being located in land designated for conservation purposes.

  2. HB 1846- Requires existing state buildings to implement energy efficiency measures. Requires new state facilities to maximize energy and water efficiency and building materials that reduce the carbon impact of the project.

  3. SB 2820- Amends the renewable energy technologies income tax credit for utility-scale solar projects (does not eliminate the individual solar tax credit, which we strongly opposed in a separate bill). 

  4. GM 583- The nomination of Christopher Yuen to serve on the Board of Land and Natural Resources until July 2022. The Sierra Club respectfully opposed this nomination due to Mr. Yuen’s 14 years of service, frequent favoring of business interests over the value of Hawaiʻi's natural resources, and practice of ignoring community concerns. The Senate approved this nomination with 16 yes votes and 9 no votes.

Mahalo to everyone who submitted testimony, contacted their legislators, shared our action alerts, and engaged in CapitolWatch during the 2020 legislative session. The legislature has officially adjourned for this year. The bills that passed now go to the Governor’s desk to become new laws in Hawai‘i.

Civil Beat: Coal-Burning Ban Among Measures On Track To Clear Hawaii Legislature

Bills to regulate Lyft and Uber, prohibit sea walls and reform gun laws also have agreement between the House and Senate ahead of a final vote Friday.

By Blaze Lovell   / July 8, 2020

Reading time: 7 minutes. Original article here.


The Legislature could still make good on some of its promises to address climate change, expand preschool access and improve mental health services before adjourning the 2020 session this week.

Those are just a few of the measures that have won agreement in both the House and Senate and are planned to face final floor votes on Friday. If passed, the measures would move to Gov. David Ige for his approval or veto.

But there are others that aren’t likely to make it. Bills that won approval in the Senate to crack down on illegal short-term vacation rentals and another that would give the Department of Health more authority to impose quarantine restrictions could be rejected by the House.

A vaping ban also appears to be in trouble as House lawmakers disagreed with the Senate’s changes to House Bill 2457. A bill extending the statute of limitations for childhood sexual assault cases, House Bill 2177, also appears in limbo.

But both chambers appeared to have agreement on dozens of bills as of Wednesday, the “second crossover” deadline for bills to clear the chambers.

One of those bills could further Hawaii’s fight against climate change.

Senate Bill 2629 would end coal burning in Hawaii by 2022, which coincides with the date AES Hawaii is expected to shutter Hawaii’s last coal-burning plant. It would also prevent any new companies from entering into agreements to provide electricity by burning coal.

SB 2629 began this session as a bill to set up a carbon offset program in the state. The coal burning provisions were inserted into the bill June 22 by the House Energy and Environmental Protection Committee, chaired by Rep. Nicole Lowen, who has pushed for environmentally friendly measures in past sessions.

The measure has support from Hawaiian Electric Co., the Department of Health, the Hawaii State Energy Office, Sierra Club of Hawaii and the Blue Planet Foundation, among other organizations.

Hawaii has a goal of having 100% of its energy come from renewable resources by 2045. SB 2629 could help support that goal, said Jodi Malinoski, a policy manager with Sierra Club.

“It sends a strong message that we are committed to clean energy,” she said.

If the bill becomes law, Hawaii would join states like Oregon and New York that have also moved toward halting coal plants.

A similar measure authored by House Speaker Scott Saiki cleared the chamber in March but stalled after the coronavirus pandemic closed the Capitol and caused lawmakers to suspend the 2020 session.

Another significant environmental measure is Senate Bill 2060, which combines several proposals to help mitigate against rising sea levels. 

SB 2060 includes a provision to ban construction of sea walls or coastal hardening projects on beaches. Supporters say that while they might protect the infrastructure and houses directly behind them, they contribute to coastal erosion over time.

The measure also increases setbacks for new developments to 40 feet away from the shore. The current setback is 20 feet. The bill would also strengthen language in Hawaii’s Coastal Zone Management law to mandate the state protects its reefs as well as beaches and dunes.

SB 2060 has remained largely intact since it was first introduced earlier this session by Sen. Donovan Dela Cruz. It’s opposed by HECO and the American Institute of Architects.

HECO writes in its testimony that the setback requirement could encompass some of its nearshore facilities, making it harder to install upgrades and sea walls.

And for supporters, that’s the point.

“As the sea level rises we can expect a dramatic increase in the number of variances sought to armor coastal properties,” Dave Raney, of the Sierra Club, wrote to lawmakers. “It is appropriate to take measures now to guard against further coastal armoring and promote managed retreat alternatives where feasible.”

Still, the setback is not as drastic as another bill proposed earlier this session.

Senate Bill 2381 would have banned building anywhere makai of 6 feet above sea level. That could essentially halt new developments anywhere between the shoreline and, in some cases, up to half a mile away from the water.

It got heavy pushback from the building industry, and stalled in the House in March.

Mental Health

Lawmakers also began this session focused on closing the revolving door of the mentally ill shuffling in and out of the corrections and judicial systems. That revolving door might soon turn into a funnel toward treatment.

House Bill 1620 would divert non-violent misdemeanants who have been arrested into the health care system and away from incarceration. Under the bill, if a court believes a defendant is suffering from a mental illness, that person may be sent to receive psychiatric treatment for up to a week.

A treatment team would decide what kind of care the patient receives, and the court could also dismiss charges.

As part of the state’s budget, lawmakers also raised the spending ceiling for a fund that would be used to increase the bed space at the state hospital for civil commitments, or those who are sent to receive psychiatric treatment against their will.

In instances where a defendant intends to rely on a physical or mental illness as a defense, the bill also gives the court more flexibility to have a team evaluate defendants and divert them into treatment programs or into a specialized court.

The bill has support from the public defender’s office, the state judiciary and the DOH. However, the Office of the Public Defender opposes a section of the bill that reduces the number of examiners for a Class C felony in which mental health is used as a defense from three to one.

“In many cases, the desire to push a person through the system quickly, under the guise of protecting the speedy processing of a case or in the name of judicial economy, is counter-productive,” the office told lawmakers. “Our office has seen many cases where the three panel of examiners disagree on whether a defendant had the capacity to appreciate the wrongfulness of his/her conduct.”

The Honolulu Prosecutor’s Office opposed the measure over worries that some defendants could slip through, not receiving the treatment they need but also having their cases dismissed.

Guns, Transportation, Education

A bill to regulate transportation network companies like Uber and Lyft is also likely to pass — which would make Hawaii one of the last states to do so.

House Bill 2002 is set for a final vote Friday. Earlier this session, the bill had stronger language that would allow the state to launch investigations into drivers if complaints come in from riders.

The ride-hailing companies preferred language in a similar measure, Senate Bill 2808, which lacked the provisions on investigations. Sen. Lorraine Inouye, chair of the Senate Transportation Committee, inserted the language of SB 2808 into HB 2002.

Several measures dealing with guns are also likely to pass. 

House Bill 1902 would ban rifle magazines larger than 10 rounds, while Senate Bill 3054 requires anyone who moves guns out of the state to notify county police departments.

And while measures to raise the minimum wage and expand affordable housing that were part of a legislative package from earlier this session are dead, two pieces of that platform dealing with school buildings and access to pre-K education are likely to pass.

House Bill 2543 sets a state goal of having all 3- to 4-year-olds in preschool by 2030. It also sets up a framework to make that happen.

Senate Bill 3103 would take away the Department of Education’s authority over building and maintenance projects and transfer that power to a newly created school facilities agency.

Contact the Senate! Support SB 2629

A big part of Hawai‘i's clean energy future is ending coal power for our islands. SB2629 would ban the burning of coal beyond 2022 and make Hawai‘i coal free, once and for all.

This bill is facing opposition in the Senate and we need your help to ensure it passes! SB2629 has its FINAL VOTE on Friday, July 10th @ 12 PM. This bill already passed the House, and if supported by majority of the Senators, the bill is then sent to the Governor to become law.

Click HERE to send a message to our Senators to SUPPORT SB 2629 and a #coalfreehawaii, or email sens@capitol.hawaii.gov:

Aloha Hawai‘i State Senators,

I'm emailing in strong support of SB 2629. Passing this bill brings Hawai‘i closer towards our clean energy goals and helps to address environmental justice issues, as the burning coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. The last coal fired power plant has a contract that is already set to expire in 2022. Please support SB2629 on Friday, July 10th to ensure Hawai‘i becomes coal-free by 2023.

Mahalo,

[Your Name]

————

Feel free to use the fact sheet below to customize your message in SUPPORT of SB 2629.

FactSheet_AES Sample.png


We Can Have It All: Ag, Public Access And Forest Protection (op-ed)

But it requires Hawaii legislators to vote “no” on transferring DLNR lands to the DOA for pasture.

By Moana Bjur

Community Voice Editorial for Civil Beat

July 7, 2020 · 4 min read

Our public lands should be put to the highest and best use for the public trust.

A bill being heard this Legislative session would transfer 45,000 acres of public lands that have native Hawaiian cultural resources, public trails and hunting areas, endangered species, and native forests, to the state Department of Agriculture, whose mission is solely agriculture. These lands have been managed for over a century by the state Department of Land and Natural Resources, which provides these lands to ranchers while also protecting the multiple resources these lands have to offer.

House Bill 2035, HD1, SD1 seeks to transfer 11 parcels of state land — leased to four ranches on Hawaii island — from the DLNR to the DOA.

First, the singling out of these four ranches raises questions. In fact, it may be unconstitutional. Article XI, section 5, of the Hawai‘i Constitution prohibits special legislation favoring some, and passing this bill may expose the state to lawsuits.

The DLNR has been leasing these lands for decades to these ranchers, while ensuring that many community benefits remain protected. For example, the DLNR negotiates with Kapapala ranch to continue to allow public access to roads used by the Kau community to access the forest, and to the Ainapo Trail. This trail is so significant that it is on the National Register of Historic Places because it is the traditional Hawaiian route to the Mauna Loa summit, used to provide offerings to Pele during eruptions.

The DLNR also has negotiated to allow public hunting across 28,000 acres of this ranch, contributing to Hawaii’s food self-sufficiency and a much-loved recreation area used by generations of local families. Because DLNR’s mission includes public hunting and trails, these features are protected. If the lands go to DOA, would those lease terms for public access remain, or would the public access signs be replaced by “no trespassing” signs?

‘Watershed Partnership Plans’

Over 10,000 acres of the lands proposed to be transferred are native rainforests, intact enough to include endangered forest birds and plants. DLNR has been working with the ranchers to set aside these old growth forests, or create sustainable agro-forestry and carbon sequestration projects.

With climate change and species extinction threatening our planet, is it appropriate to convert some of Hawaii’s last remaining native rainforest to DOA?

Ranchers say that transfer to DOA will allow them to get more long-term leases at cheaper rents, potentially because DOA is able to directly negotiate with tenants to extend leases, rather than having to competitively auction lands once leases end. DLNR could also get that authority, and has proposed that solution through HB 2358 or Senate Bill 2914.

The bill requires “watershed partnership plans” be created and implemented. However, this is meaningless without a requirement on who approves those plans or the amount of funds that the ranch must contribute.

Ranchers mention that they will still be required to implement “conservation plans” if the lands go to DOA. This is untrue. Many ranches do not have any conservation plans. The plans some of them have are short-term voluntary soil plans made with the Federal Natural Resources Conservation Service, that the ranches can choose not to renew. Since these lands do not have the regulatory protections provided by the Conservation District, they could be clear-cut and grazed to the dirt without needing any further approvals.

Much is to be lost if these precious lands are transferred.

Bill proponents say this will institute the intention of a law passed 17 years ago (Act 90) which set a process for the transfer of certain leases in the Agricultural District from the DLNR to the DOA. Again, not true. That law recognized that some of these lands are not appropriate to transfer, so required that the DLNR must approve of the transfers. DLNR has already transferred 18,000 acres, but does not support the transfer of some of these lands because of their multiple natural and cultural values that should be protected for the public.

Much is to be lost and little gained if these precious natural lands are transferred to DOA. We can continue to have ranching while also protecting native Hawaiian cultural resources, public access and hunting, endangered species and forests if these lands remain under DLNR.

This week's bill hearings

Several of our environmental priority bills are already scheduled for hearings next week! Due to COVID19, only written testimony is being accepted, making it important to login in to your capitol.hawaii.gov account and submit written testimony, or email the committees directly (the email links below are already pre-drafted with testimony).

Please SUPPORT the following bills:

1. SB2629 Proposed HD1 Relating to a Coal-Free Hawaii (SUPPORT). This bill would ban the use of coal in Hawai‘i beginning 2023 and has a hearing in EEP Committee on Monday, June 22nd at 9:30 AM. Submit testimony to the committee by clicking here: EEPtestimony@capitol.hawaii.gov.

Aloha Chair Lowen, Vice Chair Wildberger, and members of the EEP Committee,

I strongly support SB2629 Proposed HD1 to end the use of coal in Hawai‘i by 2023. Passing this bill brings Hawai‘i closer towards our clean energy goals and helps to address environmental justice issues, as the burning coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. The last coal fired power plant has a contract that is already set to expire in 2022. Please support SB2629 Proposed HD1 and make Hawai‘i coal-free by 2023.

Thank you,
(your name)

2. HB1878 Sea Level Rise Seller Disclosure (SUPPORT). HB1878 would require sea level rise disclosure for real estate transactions, ensuring disclosure of the risks of purchasing properties in sea level rise exposure areas. This bill has a hearing in AEN & WTL on Wednesday, June 24th at 12:30 PM. Submit testimony to both committees by clicking here: AENtestimony@capitol.hawaii.gov and here: WTLtestimony@capitol.hawaii.gov.

Aloha Chair Gabbard, Chair Kahele, and members of the AEN and WTL Committees,

I support HB1878 to require mandatory sea level rise disclosure for real estate transactions, and support the language to use the State’s “SLR-XA” maps to determine which areas are impacted. Seller disclosure is already required for homes in flooding and tsunami zones and sea level rise disclosure is a common sense solution to help buyers better understand and prepare for the impacts of sea level rise.

Thank you,
(your name)

Please OPPOSE the following bills:

3. SB3103 Schools Facility Agency Exemption bill (OPPOSE). SB3103 would establish a “Schools Facility Agency” that is exempt from environmental impact statements, historic and cultural preservation, public procurement, and public transparency laws (more info here). The bill has a hearing in LHE on Tuesday, June 23rd at 1 PM. Submit testimony to the committee by clicking here: LHEtestimony@capitol.hawaii.gov

Dear Chair Woodson, Vice Chair Hashem, and Members of the Lower and Higher Education Committee,

Please OPPOSE SB3103. While I support addressing our school facility needs, an agency exempt from procurement, environmental, and historic preservation laws will invite far more harm than good. These laws keep our children safe, uphold the trust of taxpayers, and stop the outright desecration of all ancestral remains, Native Hawaiian or otherwise. Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form. Please do not vote for its passage and HOLD SB3103 in committee.

Thank you,
(your name)

4. HB2035 Pasturelands Transfer bill (OPPOSE). HB2035 would transfer nearly one hundred thousand acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture (more info here). The bill has a hearing on Wednesday, June 24th at 12:30 PM. Submit testimony to both committees by clicking here: AENtestimony@capitol.hawaii.gov and here: WTLtestimony@capitol.hawaii.gov.

Aloha Chair Kahele, Chair Gabbard, and members of the WTL and AEN Committees,

I strongly oppose HB2035, the "pasture" lands transfer bill. By transferring nearly 100,000 acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture, the ranching industry could clear cut watershed forests and native species habitat, pay even less for our public trust resources, and even exempt development on these lands from state and county environmental and development laws. ⁠Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form.

Thank you,
(your name)

Oppose SB3103

OPPOSE SB3103, which would establish a “Schools Facility Agency” that is exempt from environmental impact statements, historic and cultural preservation, public procurement, and public transparency laws. The bill has a hearing on Tuesday, June 23rd at 1 PM.

This bill creates a new agency within the Dept. of Education that is responsible for all public school development, planning, and construction. This agency would be able to sidestep a number of Hawai‘i Laws (chapters 6E, 37, 76, 103, 103D, and 343). Of major concern for the Sierra Club is the exemption from Chapter 343- Environmental Impact Statements and Chapter 6E- State Historic Preservation.

  • Chapter 6E, HRS, is the only law for protecting and treating Hawaii’s significant historic properties and burials, including iwi kūpuna, or Native Hawaiian ancestral bones. This exemption makes it highly likely that important historic properties and burial sites will be altered, damaged, or destroyed by agency projects.

  • Chapter 343, HRS, requires environmental impact statements and assessments for projects. Compliance with Chapter 343 is as much about protecting natural and cultural resources as it is about ensuring our keiki have safe, well-designed schools.

Take action today OPPOSING SB3103! E-mail your testimony to LHETestimony@capitol.hawaii.gov or submit your testimony via the bill status page.

Sample testimony:

Dear Chair Woodson, Vice Chair Hashem, and Members of the Lower and Higher Education Committee,

Please OPPOSE SB3103.  While I support addressing our school facility needs, an agency exempt from procurement, environmental, and historic preservation laws will invite far more harm than good.  These laws keep our children safe, uphold the trust of taxpayers, and stop the outright desecration of all ancestral remains, Native Hawaiian or otherwise.  Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form. Please do not vote for its passage and HOLD SB3103 in committee.


Thank you,
(your name)

Oppose HB2035- Protect Hawai‘i’s public lands!

OPPOSE HB2035 to transfer nearly one hundred thousand acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture. The bill has a hearing on Wednesday, June 24th at 12:30 PM.

The 93 thousand acres of public lands that would be transferred under this bill are crucial watershed lands that have been used on a temporary basis for cattle grazing. If transferred to the Department of Agriculture, these public lands would be open to ranching activities including unrestricted grazing and clear cutting of forests, not to mention public access to these lands for hiking, hunting, and cultural traditions would be jeopardized. It is appropriate for the agency responsible for managing the state’s watersheds for healthy forests, robust drinking water supplies, and native species habitat should be responsible for managing these high-value lands. The Department of Land and Natural Resources is that agency, not the Department of Agriculture.

Under the Department of Land and Natural Resources’ management, ranchers already only pay a few dollars per acre, year after year, to use thousands of public lands for their commercial benefit. Under the Department of Agriculture, the ranching industry could pay even less for our public trust resources and could exempt development on these lands from state and county environmental and development laws.

It is likely that ranchers pushing this bill will argue that this bill will promote the local production of beef to meet our islands’ "meat security" needs, particularly in light of the COVID-19 pandemic.  However, the vast majority of cattle - 80% - raised in Hawai‘i is actually exported to the mainland. There is nothing in this bill that would ensure that beef raised on public land will be sold on the local market.  Exporting cattle does not help meet our local food security needs, and the damage to watersheds and reefs by livestock grazing and agricultural development projects on 100,000-plus acres of public lands removed from DLNR oversight will only jeopardize our islands’ self-sufficiency.

HB2035 has a hearing in the Senate Agriculture and Environment and Senate Water and Land Committees on Wednesday, June 24th. Submit testimony in opposition via the Capitol website HERE or email WTLTestimony@capitol.hawaii.gov and AENTestimony@capitol.hawaii.gov

Sample testimony:

Aloha Chair Kahele, Chair Gabbard, and members of the WTL and AEN Committees,


I would like to express my strong opposition to HB2035, the "pasture" lands transfer bill. By transferring nearly 100,000 acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture, the ranching industry could clear cut watershed forests and native species habitat, pay even less for our public trust resources, and even exempt development on these lands from state and county environmental and development laws. ⁠Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form.

Thank you,
(your name)

Updated Priorities for June Reconvening

The Hawai‘i State Legislature will reconvene again from June 22 through July 10th to appropriate the remaining COVID-19 relief funding, make tweaks to the state budget, and potentially pass a handful of other non-fiscal bills.

Due to COVID-19 safety concerns, it is likely that the State Capitol will remain closed to the public, legislative hearings will be broadcasted online, and only written testimony will be allowed. There will also be no conference committee, which is normally one of the last steps of the legislative process where House and Senate Committee Chairs meet to discuss and approve the final drafts of bills. This means legislators are already figuring out budget issues and discussing which other bills to hear and pass. Below is a list of the Sierra Club’s updated bill priorities for when the legislature reconvenes next week.

Environmental bills we OPPOSE:

  1. GM583 - Oppose the nomination of Christopher Yuen to the Board of Land and Natural Resources. Chris Yuen has already served for 14 years and has voted against environmental and cultural protections on numerous issues before the BLNR. 

  2. SB3036 Oppose eliminating Hawai‘i’s solar tax credit, which not only makes installing solar systems on homes and local business affordable, but also lowers everyone's electricity bills, supports thousands local solar jobs in our communities, and provides tax revenue to the state. Learn more and take action HERE.

  3. SB2812 and HB2035 - Oppose transferring 93,000 acres of watershed “pasture” lands on Hawai‘i Island from the Dept. of Land and Natural Resources to the Dept. of Agriculture. The Dept. of Ag lacks the mission to protect these lands of significant natural and cultural resources and could also exempt agricultural development of these lands from environmental and land use laws. Learn more and take action HERE.

  4. SB2828 - Oppose amending the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources. This bill is particularly relevant for Maui streams.

 

Environmental bills we SUPPORT:

Several of our environmental priority bills could still be passed this session. These bills have received little or no testimony in opposition, would not require state funding, and would help to address climate change impacts and boost our resiliency:

  1. HB1878 - Support requiring sea level rise disclosure for real estate transactions, ensuring disclosure of the risks of purchasing properties in sea level rise exposure areas.

  2. SB2060 - Support updating Hawai‘i’s coastal zone management law to prevent seawalls and protect beaches and coastal ecosystems.

  3. SB2629 Proposed HD1 - Support aligning the expected closure of Hawai‘i’s last coal-fired power plant with a ban on coal in Hawai‘i beginning 2023. 

  4. HB2699 - Support establishing state goals for 100% clean ground transportation by 2045.

  

We SUPPORT COVID-19 Relief for Working Families: 

In April, the state received $1.25 billion in CARES Act funding for COVID-19 relief and recovery. While some of these funds were appropriated to the counties to provide direct relief to struggling residents, $635 million in CARES funding was put into the state's "Rainy Day Fund" and still needs to be appropriated when the legislators reconvene in June.

The Sierra Club supports the Working Families Coalition’s proposal to allocate CARES Act funds to priorities like housing and food assistance, health care, social services, and child care. Hawai‘i already had the highest cost of living in the U.S. before COVID-19 hit. With nearly 140,000 people in Hawai‘i unemployed since April and a slow economic recovery ahead, many families are facing unprecedented financial hardship and need additional relief. Learn more and take action HERE.

The Sierra Club supports workers and vulnerable communities during this time of crisis. We will fight for a just recovery that helps working families and avoids exacerbating inequity and the ongoing global climate crisis. 

Civil Beat: Legislature Passes Budget Cuts But Will Be Back In June

The $1 billion in spending reductions will now go to Gov. David Ige for his review.

By Blaze Lovell   / May 21, 2020

The Hawaii Legislature is back in recess after passing a number of bills aimed at shoring up a $1 billion shortfall in the state budget and setting aside $1.3 billion in the state’s rainy day fund.

Legislative leaders said Thursday they will take a three-week timeout and use that time to figure out how best to spend those rainy day funds on emergency budget issues and keeping programs afloat. They also want to take another look at the budget cuts they just passed in House Bill 2200 to make sure they hold up.

Lawmakers tentatively plan to reconvene on June 15.

Gov. David Ige, who now gets to consider the bills passed Thursday, said his administration will also look to make sure the legislators did not axe positions that have actually been filled or take funding that could be used by agencies.

“We want to make sure they didn’t make inadvertent cuts that reduce warm bodies,” Ige said. “That causes layoffs.”

Pay cuts, furloughs and layoffs were all things Sen. Donovan Dela Cruz and Rep. Sylvia Luke, chairs of the Legislature’s money committees, hoped to avoid by cutting unfilled positions and taking unspent funds from departments.

But state budget director Craig Hirai told senators at a committee hearing later Thursday afternoon that furloughs may be imminent even with the budget cuts. Hirai said his department has proposals to avoid such things in the short term, but “typically they aren’t sustainable.”

“You’ve just depressed everyone, Craig,” Dela Cruz said.

Ige, who is a former chair of the Senate Ways and Means Committee, had proposed pay cuts and furloughs in March.

He said Thursday that eliminating vacant positions could slow Hawaii’s economic recovery. 

“As anyone who was involved in the last economic recession remembers, when we eliminate vacancies, it really hampers the restoration of services,” the governor said.

What’s Getting Cut

The Legislature made cuts almost across the board, including to the state Department of Health, the agency tasked with leading efforts to combat the coronavirus. 

The DOH would have about $38 million less to spend this fiscal year, which ends June 30. Its budget would also see a dip of about $20 million in fiscal year 2021.

At a press conference Thursday afternoon, DOH Director Bruce Anderson echoed Ige, saying the administration is still working with the Legislature on the budget.

“I think they’re generally familiar with our situation,” Anderson said of the lawmakers, adding that lab capacity should be expanded to help deal with the virus.

In fact, state labs would lose $1.1 million and five supposedly vacant positions under the spending plans approved by lawmakers. Adult mental health programs run by DOH could see a cut of $11.4 million — about 66 staff — this fiscal year. 

Various social services programs like child protective services and child care also could see cuts this year of about $49 million.

About $30 million of that comes from a fund used to support the state Department of Human Services Med-QUEST division, which also makes insurance payments. That division will get increased funding next year, however.

The Department of Education could also see about $45 million in cuts under HB 2200, although the DOE has already identified $150 million that could be used to shore up its budget.

Lawmakers put $1.3 billion through two separate measures into the state’s rainy day fund until they return in mid-June when they would have more time and better information on how to distribute it.

Luke said the governor has given no indication that he plans to veto any of the budget measures passed Thursday.

Revenue Picture Not Good

The state Council on Revenues is scheduled to update its revenue projections for the state next week. 

If May tax collections from the Department of Taxation are any indication, it won’t be pretty.

“Don’t freak out,” DOTAX Director Rona Suzuki told a panel of senators before reading out collections numbers.

So far for May, general excise tax collections are at $151 million — down from $314 million this time last year. The tourism tax has netted the state just $4 million.

Income tax still held at about $83 million, but corporate tax collections fell to $4 million, Suzuki said.

The Council on Revenues is expected to make revenue projections for the last few months of this fiscal year as well as the next five fiscal years.

State Economist Eugene Tian, while not a member of the council, told lawmakers the state could see a drop in revenue of about 6% in 2020 and 14% in 2021.

That could mean anywhere between $400 million and $1.3 billion less in general fund revenues. Economists have previously predicted shortfalls as high as $1.8 billion.

Ige’s administration will be able to borrow about $2.1 billion in low interest federal loans to give the state more cash-on-hand if needed.

Lawmakers also approved more than $2.1 billion worth of bond-financed capital improvements projects.

Government spending has been considered good fiscal policy to keep the economy afloat during downturns. However, Hawaii’s rate of borrowing may surpass the state debt limit.

Rep. Gene Ward, the House minority leader, said that with the state’s level of borrowing, it’s time to start diversifying the economy.

“We’ll need to grow ourselves out of the huge amount of debt we are putting ourselves in,” Ward said on the House floor.

Not all lawmakers were on board with the new budget measures.

Sen. Laura Thielen, who voted no on two of the budget bills, said at least some of the money should have been used to provide some financial assistance to folks still waiting for their unemployment claims.

Thielen earlier this week expressed her concerns that not enough was being done to help people impacted most by the economic downturn.

Sen. Russell Ruderman echoed Thielen’s sentiments on the Senate floor, saying the state should not be afraid of borrowing money to shore up its budget, while using other funds to help working families.

“We can handle long-term debt,” Ruderman said. “Families without cannot handle their current situations.”

Legislative Recap

The Hawai‘i State Legislature has completed its first week since reconvening session on Monday, May 11th. Here’s a breakdown of what has happened this week.

COVID-19 aka CARES relief funding:

The state directly received $1.25B from the federal government to respond to the coronavirus pandemic and this week legislators discussed how to best appropriate these funds. CARES funds must be spent by the the end of December 2020 and must be used for direct COVID-19 related expenses. The House Finance Committee just approved SB 75 which will now head to the House and Senate floor next week for final approval. Here is a breakdown of how that $1.25B will be allocated:

Funding directly to the Counties, based on population. It will be up to each Mayor and City Council to determine how best to use funding and relief funds for their respective county. It is important to note that Counties will need to pitch in for things like food, rent, and utilities relief, as the state is focused on providing unemployment insurance and did not appropriate state COVID-19 funding for these types of relief:

  • $388M to the City and County of Honolulu

  • $80M to Hawai‘i Island County

  • $60M to Maui County

  • $28M to Kaua‘i County

State funding. The remaining balance of CARES funding will be spent on:

  • $40M to the Department of Defense for the purchase of personal protective equipment, quarantine enforcement, and other COVID-19 response efforts.

  • $50M to the Department of Health, including $14M for contact tracing and testing and $36M for a thermal screening system at airports that will use cameras to scan passengers for fevers.

  • ~$10M to the Department of Labor Relations for upgrading their IT system to better process unemployment and hire additional staff to process unemployment claims. Over 220,000 unemployment claims were filed since March and around 75,000 claimants are still pending unemployment services and relief.

  • ~$2M to the Department of Human Services to expand SNAP (food stamps) eligibility and availability.

  • No funding was given to the Governor’s Economic Recovery Navigator efforts. The $10M budget request was denied over concerns from legislators that $9M of that funding was for consulting services. Legislators are requesting the Department of Economic Development, Business, and Tourism apply for federal funding for the Recovery Navigator.

Overall, $635M of the $1.25B COVID-19 relief funding will go back into the state’s rainy day fund via SB 3139 and will be revisited in June when the legislators reconvene again.

  • Legislators want to review the progress of how the COVID-19 funding is being implemented, see what additional funding for economic recovery is needed from state agencies, and see if additional Federal relief money will be given to Hawai‘i before appropriating the remaining lump sum of $635M.

  • Legislators anticipate needing to use much of the remaining $635M for unemployment insurance and other health and social services needs. Hawai‘i’s existing unimployment insurance fund will be depleted by the end of June and unimployment insurance could cost the state $500M per month.

The State Budget bills:

The legislature has projected a $1B budgetary shortfall over the next fiscal year and this week made adjustments to the supplemental state budget bill (HB 2200), the supplemental judiciary budget bill (SB 3080), the Capital Improvement Projects budget bill (HB 2725), and also delayed executive and judicial salary pay raises (HB 117).

Thankfully, the legislature has created a plan to make up the $1B budget shortfall while avoiding major budget cuts to existing state programs and public employee salaries. To do this, the state will tap into the state’s rainy day fund, reduce all funding appropriated for vacant positions across state agencies, take unused funds from state agencies and excess monies from various special funds, and replace cash funding with bond funding from the Rental Housing Revolving Fund and the Aloha Stadium Fund. In the short term, this will fill the $1B hole in the state budget.

Later this month, the Council on Revenues will meet and release updated tax projections that will better inform the economic impact of COVID-19 on the state’s budget for the next year. It is safe to assume that more adjustments to the budget will be made again in June when the legislature plans to reconvene for a second time. We are anticipating another short session mid-June to adjourn before July 1st, when the fiscal year starts over. We still don’t know what other bills, besides the budget and COVID-19 relief, will be considered in June.

Nominations:

Several Senate Committees have been scheduling hearings to process over 250 nominations to various state boards and commissions. These nominees were submitted by the Governor and need to be confirmed by the State Senate. This week, the Sierra Club testified on the following nominations before the Senate Water and Land Committee, which will vote on Monday, May 18th on the following nominations:

  • Support GM 670- Jonathan Scheuer’s nomination to the Land Use Commission.

  • Oppose GM 583- Chris Yuen’s nomination to the Board of Land and Natural Resources.

Following Monday’s committee vote, these nominations will then head to the Senate Floor for a vote by all Senators.

Civil Beat: Legislative Deal In The Works Would Use Untapped Funds To Dodge Budget Cuts

A new financial plan taps into mostly unused funds while moving around money for affordable housing and Aloha Stadium.

By Blaze Lovell   

Read original article here.

Hawaii would avoid draconian budget cuts, reduced social services and public employee furloughs under a plan being worked out between House and Senate leadership.

The plan already has preliminary agreement between the chairs of the Legislature’s powerful money committees and will be presented publicly when the Legislature reconvenes on Monday for a shortened session.

Lawmakers are looking to plug a $1 billion hole in the budget caused by the coronavirus pandemic that has stalled the local economy and subsequently crashed state tax revenues.

The plan includes tapping into the state’s rainy day fund, taking excess revenues from state departments, removing vacant positions from the budget and raiding unused funds for mental health services.

It’s expected to be part of a package of six bills that aim to keep the state government afloat until at least June 30, 2021, the end of the next fiscal year. 

Sen. Donovan Dela Cruz and Rep. Sylvia Luke, chairs of the Legislature’s money committees, plan to tap unused funds to fill the state’s budget hole.

Sen. Donovan Dela Cruz and Rep. Sylvia Luke, who chair the Senate Ways and Means Committee and House Finance Committee, detailed the budget plan in a meeting with Civil Beat reporters Friday afternoon, just hours after their colleagues in the Legislature also got a first glimpse of what the cuts look like.

“What we did, instead of taking the governor’s budget, we started with the budget we had last year,” Dela Cruz said, referencing the state’s base budget. “That shrinks the puka we need to fill.” 

The lawmakers plan to use $395 million worth of rainy day funds Hawaii has stored over the last seven years. Luke has said that if there ever was a time to spend that money, this is it.

About $20 million would come from the Mental Health and Substance Abuse special fund. The fund was set up in the 1990s and is used for rehabilitation and treatment services. It’s the only special fund the lawmakers plan to reduce.

The mental health fund has about $51 million, but the Department of Health is only allowed to spend about $15 million of that each year, Luke said. Last year, DOH reported revenues to the fund of about $9 million with just $5 million in expenses. 

Health officials have asked the Legislature to use an additional $10 million from that fund to increase the number of stabilization beds at the Hawaii State Hospital and that request will still go forward, Luke said.

“In this time, it’s an important thing,” Luke said of the expanded access to mental health services. “That’s why we aren’t depleting the entire fund, and leaving the excess to do as planned.”

Additional beds for mental health services at the state hospital would still be funded.

The next biggest chunk, about $286 million, would come from unused funds from state departments, spending restrictions that have accrued over time, and vacant positions, Dela Cruz said.

Of that, the state Department of Education identified $150 million in savings that could be used to help avoid pay cuts for teachers. The DOE was hit particularly hard by budget cuts in 2009 with the infamous “Furlough Fridays” that resulted in teachers getting less pay and students spending less time in class. 

The lawmakers are also projecting savings of $71 million through vacant positions that go unfilled year after year.

About $250 million for the Rental Housing Revolving Fund and $20 million for the new Aloha Stadium would be financed with state bonds rather than general fund monies. The housing monies have gone to developers of affordable rentals as part of an effort to boost the state’s housing inventory.

On Monday, the committees will take public testimony on bills to balance the budget. And though the new budget has agreement between Dela Cruz and Luke, last minute changes could still be made. 

After clearing the Senate, the budget bill, House Bill 2200, needs to go back to the House for final approval. Luke said her committee could quickly make changes if needed.

Also during the coming week, the committees could consider allowing the governor to tap into federal bonds, passing a $2.1 billion capital improvements plan to stimulate the economy and eliminating pay raises for the Legislature, state judiciary and government executives, like Gov. David Ige, who in April proposed 20% pay cuts across the board as a means to shore up the budget.

That proposal is still being worked on by House Speaker Scott Saiki, Senate President Ron Kouchi, Chief Justice Mark Recktenwald and Ige, Dela Cruz said.

Lawmakers have other options, too. Luke said they’ve talked about halting some payments to the state’s health plan for retirement benefits, a move that could increase the time it takes to pay off Hawaii’s $26.5 billion in unfunded liabilities.

Public employees also will lose out on $100 million in pay raises that were on the table when the Legislature abruptly recessed in March. Other pay raises that were approved in the 2019 session will still go into effect, however.

Luke said Thursday legislative leaders want to avoid cuts to social services, reductions in work hours or furloughs.

Just how much the state budget will suffer as the economy continues to sputter is still unclear. Revenue projections now show the state could see a deficit as early as 2022 even if the 2021 budget is balanced.

Now, the preliminary budget cuts proposed for fiscal year 2021 are based on a 16% drop in state tax revenues projected by the University of Hawaii Research Organization. A new projection by the state Council on Revenues is not due until May 28, after the budget likely has been passed.

Dela Cruz said that the budget could be corrected in June, when the Legislature likely will need to meet again in a special session. 

Legislators also don’t know how much money they can count on from Congress. Another round of stimulus funding proposed by the U.S. House of Representatives could run into opposition in the U.S. Senate.

Hawaii already is set to receive $1.2 billion in COVID-19 federal relief through the so-called CARES Act. That money must be used on programs related to fighting COVID-19 and needs to be spent by December.

Of that money, the City and County of Honolulu will get $387 million, while the state can spend $862 million.

But Luke and Dela Cruz plan to send about $552 million of that stimulus money to the state rainy day fund in case Congress decides the money can be spent to cover shortfalls in the budget. 

A breakdown of how the Legislature wants federal relief funds spent.

A breakdown of how the Legislature wants federal relief funds spent.

Bills to focus on when session reconvenes

Update 5/7/20: Legislators will reconvene session on Monday, May 11th regarding budget bills and various state board and commission member confirmations. Session will last 6-10 business days. Only written testimony will be accepted and committee meetings and floor sessions will be livestreamed on Olelo. Read more here.


The legislative session has been temporarily suspended since March due to the COVID-19 pandemic. Although legislators are in recess, we commend our elected leaders for staying active and engaged in COVID-19 relief efforts- responding to constituent needs and frequently communicating to the public via social media, email blasts, and live streaming Zoom town hall meetings and their weekly House and Senate COVID-19 committee meetings.

The focus of legislators has been COVID-19 relief and response (rightfully so), but we know that legislators need to reconvene and adjourn session at some point before July 1st, when the fiscal year starts over. While the format and content of legislative session is still TBD, here are some thoughts on what legislators will and should prioritize:

#1 Top Priority will be COVID-19 Relief-

Over 220,000 Hawai‘i residents have applied for unemployment insurance since the pandemic hit, representing about 30% of the state’s workforce. UHERO estimates that even with economic reopening efforts, over 100,000 workers will remain unemployed through the end of 2020. With additional CARES Federal funding up in the air, legislators will be facing critical budgetary decisions when they reconvene session. Here are the budget bills still alive that legislators are looking at:

  • COVID-19 specific bills - HB1629 , SB75

    • We support our legislators providing essential health protections and economic relief directly to Hawai‘i’s people. Nurses and health workers need masks and protective equipment to survive on the front lines of this crisis and we will need to increase our testing and contact tracing abilities to contain the spread of the virus. Meanwhile, workers and families need further economic relief in the form of more generous housing assistance, unemployment insurance, food security aid, help with childcare, and measures to halt evictions, foreclosures, and utility shut-offs.

  • Supplemental executive budget bills - HB2200 HD1 , HB2500

    • Technically, the legislature does not have to pass a supplemental executive budget bill, as appropriations for fiscal year 2021 were already passed last session. Ultimately Governor Ige has authority on budget cuts to state departments and programs, but legislators may want to inform his decision making (such as opposing a proposed 20% pay cut state workers) by passing a supplemental budget bill with updated economic projections in mind.

  • Capital Improvement Projects (CIP) bill - HB2725

    • To stimulate our local economy, legislators are looking to this updated list of shovel-ready CIP to expedite construction of projects that have already been funded, as well as potentially funding other CIP this year. Sierra Club agrees that Hawai‘i’s infrastructure is in need of investment and repair, but we also know that we can protect our environment, and even strengthen it, by investing in infrastructure the right way, without weakening our bedrock environmental laws and implementing shortsighted tactics such as automatic permit approvals. We encourage legislators to prioritize CIP that will create good jobs and enhance climate change resiliency - such as energy efficiency, solar PV construction, local food production, and watershed protection.

  • Use of Emergency Funds

    • Our state does have some reserves that can be used for COVID-19 relief, such as the $381M in the Emergency Budget Reserve or “rainy day fund”, $186M in the Hurricane Relief Fund, $569M in the Unemployment Insurance Trust, and $300M for Temporary Aid to Needy Families. More information about these funds can be found here.

Other Fiscal Bills:

If legislators consider passing other bills upon reconvening session, here are a few bills that are still alive that should be considered and could assist with balancing the budget.

  • Taxing Real Estate Investment Trusts - SB2697

    • Last session the legislature passed a bill that would generate an estimated $65M in revenue from imposing a corporate income tax on Real Estate Investment Trusts, majority of whose shareholders are not residents of Hawai‘i. Disappointingly, Governor Ige vetoed this bill, but a similar bill is still alive and moving that if adopted this session would help address our budgetary shortfall and have REITs pay their fair share of taxes.

  • Raising taxes on the wealthy - HB2385

    • This bill would increase taxes on high income earners in the state for taxable years beginning 2021, generating $60M in state revenue each year. This bill would raise the state income tax rates on earnings above $200,000 for joint filers, $150,000 for heads of households, and $100,000 for single filers. Hawai‘i’s lowest-income households are being hit hardest by COVID-19 and pay 15% of their income in state taxes, while top earners in the state pay only about 9%. This bill helps to address tax inequity and would provide beneficial tax revenue for Hawai‘i.

  • Defending Hawai‘i’s solar tax credit:

    • With recent budget shortfall discussions, we know legislators are considering passing a bill that would eliminate Hawai‘i’s solar tax credit. The Sierra Club opposes such efforts. The solar tax credit supports over 4,000 solar jobs in an industry that is 70% locally owned and operated. While our tourism economy is severely struggling, the solar industry employs thousands of local installers, contractors, sales people, electricians, and many others in good paying, sustainable jobs that help to diversify our economy. The tax credit has also resulted in significant progress towards our state’s clean energy goals and has helped dropped the average electricity bill by 20% for all ratepayers, not just those who benefited from the solar tax credit. Furthermore, a study shows for each solar tax credit dollar spent, the State receives $1.97-$2.67 dollars in additional tax revenues, meaning that the state makes $137 million from a $70-million-a-year expenditure. We need to keep the solar tax credit.

Non-fiscal Bills:

Several good environmental bills could still be passed this session that have received little or no testimony in opposition, would require no state appropriation, and would address climate change impacts and boost our resiliency:

  1. Sea level rise disclosure for real estate transactions- HB1878. Sea level rise disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss from sea level rise and the 6,500 structures such as hotels, malls, and businesses that will be impacted. Seller disclosure is required for homes in flooding and tsunami zones and we have existing maps that show which properties will be impacted by sea level rise.

  2. Updating Coastal Zone Management Laws- SB2060. Amends state coastal zone management laws to protect against impacts from sea level rise and coastal erosion. This bill provides important guidance to the counties to help to prevent seawalls and other shoreline hardening structures which destroys beaches, cultural resources, and coastal ecosystems.

  3. Coal Free by 2023- SB2629 Proposed HD1. Hawaiʻi has one last coal plant on Oʻahu, whose contract is set to expire in two years. HECO and the PUC have testified that they have no intention to extend the coal contract beyond 2022. This bill aligns with the termination of the coal contract and would make Hawai‘i coal free starting 2023.

  4. 100% Clean Ground transportation goals- HB2699. This bill aligns state goals with existing county commitments for clean ground transportation. Sets goals for state agencies on a staggered basis until achieving a 100% light-duty motor vehicle clean fleet by 2035, and for all light-duty motor vehicles in Hawai‘i by 2045.

As Hawai‘i’s people face the COVID-19 crisis, the critical decisions made in the coming weeks by state leaders will shape Hawai‘i’s ability to quickly respond and recover from this pandemic. The Sierra Club supports workers and vulnerable communities and will seek legislative solutions to rebuild our economy and infrastructure in a way that avoids the pitfalls that have created Hawai‘i’s over-reliance on tourism, massive wealth inequality, lack of food and energy self-sufficiency, and continued environmental degradation.


Civil Beat: Hawaii Lawmakers Are Trying To Figure Out How To Get Back Into Session

If details on social distancing and constitutionality can be worked out, the Hawaii Legislature could meet this month.

By Chad Blair 

Itching to resume a legislative session that was unexpectedly suspended by the coronavirus outbreak in mid-March, Hawaii legislators are working to find a way to reconvene.

It could be as early as next week, when the 2020 session that began in January was set to wind up.

Another day being floated is May 11, though there was no firm date as of Thursday.

Key to setting a date and determining how long to meet depends on when Gov. David Ige relaxes the stay-at-home orders that are in place until May 31. If there are no changes, it could push a session into early June.

There are also questions about how to convene — in person with social-distancing measures in place, for example, remotely via videoconferencing, or a combination.

Discussions about reconvening are still ongoing and Civil Beat talked to a number of lawmakers who would only talk about the plans if they weren’t identified.

House and Senate leadership have been consulting with the Hawaii Attorney General’s Office to determine whether legislators must be physically present on the chamber floor to vote.

If not, neighbor island lawmakers could conceivably vote remotely via Zoom or with some other platform. House majority members have been meeting over Zoom at least once a week.

There is also the possibility of Oahu lawmakers meeting in person at the Capitol in Honolulu to vote on essential business. A quorum in the 51-member House is just 26 members — a simple majority (34 representatives live on Oahu). The 25-member Senate requires 13 votes (13 senators represent Oahu).

An Oahu-only vote would no doubt be unpalatable to many legislators. This is also an election year, and many legislators have already pulled campaign filing papers to run for reelection or for other offices.

Should neighbor island lawmakers wish to travel to Oahu, it’s likely they would be exempt from the 14-day quarantine on interisland travel that is also in effect until May 31. But, as one House member said, it might not send a good public health message for them to be seen boarding airplanes.

For now, leadership has little to provide in the way of details, other than to confirm they are working on things.

“Senate President Kouchi is in preliminary discussions about the possibility of resuming the session,” Senate Communications Director Jesse Broder Van Dyke said via email Thursday. “Questions such as what date, and how procedures will be modified with social distancing requirements, are still being discussed at this time.”

House leaders offered no formal response to inquiries Thursday.

But Speaker Scott Saiki announced in a press release that House offices at the State Capitol will remain closed through May 31 “to maintain consistency with Governor David Ige’s stay-at-home order directing all persons to remain and work from home except for those performing necessary functions.”

‘Significant Policy Decisions’

If and when the Legislature reconvenes, the priority would almost certainly be on COVID-19 relief measures through appropriations.

The money bills will be determined in large part by the amount of assistance coming to Hawaii from the federal government, and the next forecast from the state Council on Revenues later this month.

By all indications, Hawaii is expected to see a dramatic drop in tax revenues driven primarily by the near shuttering of the tourism industry.

The Ige administration has been working on ideas for an economic recovery, as have the House and Senate special committees on the coronavirus.

Unfinished business at the Legislature includes a number of gubernatorial appointees that await confirmation hearings, including members of the Cabinet.

While it is unclear what other work might be done in a reconvened session or a possible special session later this year, many legislators are eager to meet again.

“I think we need to come back,” said Sen. Jarrett Keohokalole, who is a member of the Senate’s special COVID-19 committee. “The main concern is constitutional provisions on how to have floor votes, but I don’t think there is any technical issue that cannot be worked out.”

Keohokalole said serving on the special committee has made it clear to him that “there are some real serious and significant policy decisions that need to be made that are being made by the administration right now without sufficient transparency.”

For a recovery process to be meaningful, he said, the public has to have input.

“This is our purview,” he said.

Sen. Karl Rhoads, chair of the Senate Judiciary Committee, hopes the Legislature can take up other tasks when it meets.

“None of the other problems that we were working on are going to go away,” he said, noting that key bills were poised to meet internal deadlines before the abrupt recess. “We were coming up on second lateral, and I’d hate to see all that work go out the window.”

“We are seeing the folly of our approach to putting all our eggs in one basket.” — Sen. Glenn Wakai

Rhoads said he would like to avoid budget cuts, arguing that that would “make the recession worse.”

And, while it will not be addressed much in this session, the pandemic has exposed all too obviously just how dependent Hawaii is on one main industry.

“We are seeing the folly of our approach to putting all our eggs in one basket,” said Sen. Glenn Wakai. “Tourism has been laying the golden eggs, but we need more geese.”

Wakai, chair of the Senate Energy, Economic Development and Tourism Committee, said he would push his colleagues on what he calls a triple-A economic plan: alternative energy, aquaculture and aerospace.

“Hawaii can be a global leader in these areas,” he said. “We won’t see people picking up these technologies and moving to the mainland. It’s time to pivot.”

Civil Beat: Pandemic Is Scrambling State Budget Priorities

The COVID-19 calamity means the Hawaii Legislature’s grand plans for the 2020 session may be just pipe dreams.

By Chad Blair    / April 12, 2020

April at the Hawaii State Capitol is usually the busiest time of the year and a driver of news and developments.

The Senate and the House of Representatives were scheduled to vote last week on hundreds of bills to meet the Thursday deadline ahead of the Good Friday holiday.

Instead, both chambers of the Legislature have been in recess since March 17 because of the coronavirus. It was obvious that 76 lawmakers, their staffs and hundreds of other people (including me) who spend time at the Capitol could not gather with social distancing measures in place.

It’s not clear when the Legislature will reconvene this year, even to formally gavel out the session that was to have ended May 7. And that means the status of the $8.1 billion supplemental operating budget for the 2021 fiscal year that begins July 1 is in limbo.

Hawaii leaders showed rare agreement before the 2020 session began on issues such as cost of living, affordable housing and education. COVID-19 is testing that unity like never before.

The reason: Hawaii’s general fund is by all accounts expected to take a giant hit due to the near full collapse of the visitor industry, closing of businesses and furloughing of employees statewide.

General excise taxes and income taxes are the largest drivers of revenue into state coffers, and University of Hawaii economist Carl Bonham said earlier this month that tax collections could drop this year by at least 10% and as much as 25%.

If just a 1% drop works out to about $74 million in lost revenue, simple math suggests a 25% decline amounts to a possible shortfall of $1.85 billion. The state’s rainy day fund of about $400 million would cover maybe six weeks of government expenditures.

“We are worried — very worried — about the state’s funding in the short and long term,” said House Speaker Scott Saiki.

Sen. Donovan Dela Cruz, the chair of the Senate Ways and Means Committee, expressed similar concerns.

“It means that we are going to have to focus on basic needs, and that’s where we would have to have some hard discussions with the House and the governor to make sure we are all on the same page of what those needs are to get a balanced budget,” he said.

In the meantime, even though session is on hold, the Senate special committee on the state’s COVID-19 plans and procedures (of which Dela Cruz is a member) has been meeting several times a week to gather information and ask questions of officials and experts. Though closed to the public, the meetings are livestreamed.

The House’s select committee on COVID-19 has also convened several times. Saiki, who chairs the committee, said Monday’s meeting will consider what criteria must be met to reopen the state, even incrementally. The presenters will include health officials such as Bruce Anderson and economists, including Bonham and Sumner La Croix.

Where All The Money Goes

The Hawaii Constitution requires that the state operate under a two-year budget. That means lawmakers and the governor approved last year the $15.6 billion needed to run government for fiscal year 2020 (ending June 30) and a similar amount in 2021.

About half of that figure each year — roughly $8 billion — is for fixed costs like state employee pensions (currently $1.01 billion), health plans ($1.13 billion) and $862 million for debt service.

Essential services include $2 billion for public schools and libraries, $275 million for public safety and $150 million for the Hawaii Health Systems Corporation.

All of these together — $6.5 billion of the $8 billion in general funds — leave a balance of $1.5 billion for remaining state government programs such as public health monitoring, environmental regulation and regulation of agricultural food production — all of which are needed now during the COVID-19 crisis.

Half of the state’s annual budget is composed of non-general fund revenues, derived from special funds, federal funds, revolving funds and the transit accommodations tax levied on visitor lodging. These monies can’t be used for other purposes unless the Legislature changes the law.

The Ige administration’s budget proposal to the Legislature in December is modified by lawmakers, in no small part based on updated revenue projections. Because of COVID-19, revenues are forecast to drop severely.

Ige Administration

Ige Administration

But that other $8 billion for 2021 — the general fund monies — make up the part of the budget that can be tweaked. This is the money that goes to fund the executive, legislative and judicial branches and the Office of Hawaiian Affairs as well as for capital improvement projects and a host of other appropriations.

This year’s $8.1 billion supplemental budget was passed by the House on Feb. 18. It was $300 million less than Ige had requested because some funding for homelessness, affordable housing and other issues were to be funded through separate bills.

Among the bigger-ticket items in House Bill 2200 were $7.7 million to repair Aloha Stadium, $2.3 million to control the coconut rhinoceros beetle and other pests, $2 million to renovate the King Kalakaua Building, $1.2 million for traffic signal maintenance on Hawaii island, $2.1 million for lifeguard services at state parks and $18 million for Maui Health Systems.

Sen. Donovan Dela Cruz at the January press conference when a joint package on cost-of-living issues was unveiled. The COVID-19 catastrophe underscores his argument that the state’s economy badly needs to diversify.

If House Bill 2200 is not passed, all that funding and much, much more will not be approved. The Senate Ways and Means Committee was to have held a public meeting on the measure March 17, the same day the session was halted.

Also on hold is House Bill 2725, for supplemental capital improvement projects totaling more than $4.9 billion. It passed the House March 5 and was set to be heard by WAM on March 17, too.

HB 2725 included $17 million for the modernization of the state finance system, $16 million for the Veterans Affairs Long-term Care Home, $21 million for improvements and replacement facilities for Mokapu Elementary School, $11 million for Kaanapali Beach Restoration and Berm Enhancement, $30 million for design of the Diamond Head concourse extension at the Daniel K. Inouye International Airport and $25 million for minor repairs at community colleges statewide.

Unless the Legislature reconvenes, those bills will not become reality. Same goes for some $160 million in pay raises for public sector unions, as those bills were also placed in limbo in mid-March when legislators went home.

It is not clear if the Legislature will regroup. As it is now in recess, it can resume when it chooses. It can also later call a special session, or the governor can order one.

But Saiki said COVID-19’s social distancing requirements, as long as they are in place, would make it challenging for lawmakers to convene.

“We would have to review the constitutional provisions,” said Saiki. “When Hawaii became a state in 1959, no one contemplated remote voting or attendance.”

Still, Dela Cruz said he hoped to work on the budget and capital improvement bills and the parts of the House-Senate joint package on cost-of-living issues that do not include large funding amounts.

“When we go back we may have to increase the amount of capital improvement projects to get the economy moving and to shore up government,” he said. “That includes infrastructure and maintenance.”

Ultimately, Dela Cruz makes a point that he has been making for years now but today has an urgent relevancy.

“I go back to how we are going to have to come up with new ways to generate revenue,” he said. “It cannot be taxes. So we will have to look at public-private partnerships or reducing liabilities or diversifying the economy with new industries.”

The Governor’s Authority

If the Legislature does not or cannot act, the governor has the authority to do many things. Under emergency powers, for example, he can move around or withhold monies that have already been appropriated for other purposes. He has already ordered departments to restrict spending.

Ige can also shift around funding allocated to major expenditures like education and Medicaid, or adjust the state’s unfunded liabilities for health and pensions. Such actions, though, would very likely be seen as unpalatable.

If the virus somehow dramatically subsides in the near term — say, in May — and the economy begins to return to life, the state could also choose to go with the supplemental budget that was already approved last year.

But the Constitution requires that Hawaii not spend more than it takes in, and so Ige — a former Ways and Means chair — would have to wield a mighty scalpel, likely in consultation with the Legislature.

What the governor cannot do is print money like the federal government, which can pass budgets with deficits and drive up the national debt. Congress and President Trump approved a $2.2 trillion coronavirus relief funding package late last month and $4.4 billion of it is expected to go to Hawaii, nearly $900 million of it to state and county governments in the response to COVID-19.

These estimates are also from the budget that the Ige administration submitted to the Legislature. Lawmakers are very worried that COVID-19 will decimate state revenues and thus the ability to fund government operations.

Last Wednesday Saiki and Senate President Ron Kouchi were part of a press conference on the Capitol’s fifth floor when Ige announced that former Hawaiian Electric executive Alan Oshima will lead state efforts to develop and implement a plan for “economic and community stabilization, recovery and resiliency.”

Because of social distancing, the leaders did not stand side-by-side when speaking to the media as they did in January when — in a rare move — they and other state officials and business leaders said they had agreed to the joint initiative to address Hawaii’s high cost-of-living.

That package of bills included ones allowing a modest increase to the minimum wage, more funds for affordable housing and expansion of affordable preschool programs.

Like the budget, capital improvement plan and pay-raise bills, of course, those initiatives are also up in the air and perhaps moot. Saiki said the minimum wage bill, for example, was very unlikely to become a reality this year when so many business are collapsing. Dela Cruz agreed.

And yet, the display of working together was real and suggested that Hawaii’s top leaders had found a new way to come together despite their many differences.

That same solidarity seemed evident on Wednesday when Ige said, “There is no time for personal agendas and self-interest — Hawaii is one community, one family. We need to work together. This is the only way we are going to survive.”

Support SB2629 Proposed HD1: Coal-Free Hawaii

Hawaiʻi is on track to being 100% fossil fuel free by 2045 but a big part of that is ending coal power for our islands. Hawaiʻi has one last coal plant on Oʻahu, whose contract is set to expire in two years. The Sierra Club is supporting Senate Bill 2629, which has proposed draft language (called an HD1) that would ban the burning of coal beyond 2022 and make Hawai‘i coal free, once and for all.

Please submit online testimony to SUPPORT SB2629 PROPOSED HD1- Relating to a Coal Free Hawai‘i before Tuesday, March 17th at 9 am, when the bill will be heard in the House Energy Committee.

Here are easy steps to submit testimony:

1) Login or register your email address with the Hawaiʻi State Legislature.

2) Once logged in, click the submit testimony button, then enter SB2629 and click continue.

3) Fill out the testimony form by clicking the buttons: Support -> No -> Individual.

4) Enter the following sample testimony under the “Your testimony/comments on SB2629 SD2”:

I strongly support SB2629 Proposed HD1 to end the use of coal in Hawai‘i by 2023. Mahalo Chair Lowen and committee members for supporting this new proposed language to end the use of toxic coal in Hawaiʻi and for taking action for our clean energy future.

PLEASE NOTE: You must add written comments that specify you are in SUPPORT OF SB2629 PROPOSED HD1. There are two different bill drafts being considered, and only the House Draft 1 would actually end the use of coal in Hawaiʻi.

5) Click Submit and congratulate yourself for taking action in support of Hawai‘i’s coal free future!

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The fact sheet below offers more information about Hawai‘i’s last coal plant and talking points you can use in your written testimony:

AES+Fact+Sheet+v1.png

First Crossover Bill List

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. We have testified on 47 bills since the legislative session started. March 5th marks first crossover deadline where bills still alive “crossover” to the opposite chamber, meaning House bills move to the Senate and Senate bills move to the House. Below is an update on our priority bills.

Bills that have survived crossover:

Sea Level Rise:

  • HB1878, SB2670, SB2671 (Support) - Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas to ensure transparency of the risks of sea level rise.

  • HB549, SB393, SB2060 (Support) - Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and help prevent seawalls.

Energy:

  • HB1864 (Support) - Fixes the calculation of Hawai‘i’s Renewable Portfolio Standards to more accurately reflect progress towards Hawai‘i’s clean energy goals.

  • HB1934 (Support) - Develops a plan to increase jobs aligned with the State’s transition to a clean energy economy.

  • HB2657 (Support) - Ensure that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023.” 

  • HB2699 (Support) - Establishes 100% clean ground transportation goals by 2045.

  • SB1289 (Support) - Requires solar panels to be installed on new home development projects.

Water:

  • SB2828 (Oppose) - Amends the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources.

Soils:

  • HB2167, SB2704 (Support) - Establishes a cover crop reimbursement pilot program in the Dept. of Agriculture to offset farmer costs of purchasing and planting cover crops, which improves soil health and decreases erosion and runoff

  • SB2531 (Support) - Increases funding to the Dept. of Land and Natural Resources’ State Tree Nursery to promote tree stocks that provide agricultural and soil health benefits.

Lands and Development:

  • HB2542, SB2620, SB3104 (Comments) - Weakens the authority of Land Use Commission in rezoning agricultural lands for “affordable” housing development.

  • HB2035, SB2812 (Oppose) - Requires the Dept. of Land and Natural Resources to transfer 93,000 acres of watershed forest “pasture lands” to the Dept. of Agriculture.

  • SB3103 (Oppose) - Establishes a School Facilities Agency and whose projects are exempt from many county and state laws including Chapter 343 environmental protection and Chapter 6e historic preservation.

Bills that have not made crossover deadline and are dead for this year:

Bills we supported:

  • HB2160- Creates a special fund for the Dept. of Land and Natural Resources’ State Tree Nursery to promote tree stocks that provide agricultural and soil health benefits.

    • Explanation: Bill was not heard by Rep. Luke in FIN

  • HB2154- Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems.

    • Explanation: Bill was deferred by Rep. Lowen in EEP and Rep. Yamane in WLH

  • HB2194- Updating Hawai‘i’s Coastal Zone Management Act to protect beaches and help prevent seawalls.

    • Explanation: Bill was deferred by Rep. Lowen in EEP and Rep. Yamane in WLH

  • SB2366- Ensures that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023”

    • Explanation: Bill was not heard by Sen. Wakai in EET

  • SB2774- Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks.

    • Explanation: Bill was not heard by Sen. Baker in CPH

Bills we opposed:

  • HB2677- Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases.

    • Explanation: Bill was not heard by Rep. Luke in FIN

  • HB2646- Amends the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources.

    • Explanation: Bill was not heard by Rep. Luke in FIN

  • HB1821 and SB2810 - Severely restrict the public’s access to declaratory court decisions.

    • Explanation: Bill was deferred by Rep. Lee in JDC and Sen. Rhoads in JUD.