Op-ed: How To Redefine The Housing Crisis In Hawaii

Myths, truths and steps that can take us forward.

By Jonathan Likeke Scheuer.

I am now in my seventh year of serving as one of nine members of the state’s Land Use Commission. The LUC is responsible for moving land from Hawaii’s conservation and agricultural districts into the urban district — for housing and other purposes.

Over those seven years I have wised up to a pattern that is as reliable as the return of the kolea. Each fall, in the lead up to the opening of the next legislative session, developers and their lobbyists and allies start to squawk about our “housing crisis!”

They then, under the guise of creating affordable housing, propose projects that will fatten them. In January their legislative allies give opening day speeches and introduce housing bills. If any of those bills survive and pass, they may smooth the way for development but they are half-measures at best when it comes to affordable housing.

Right around the time the kolea fly north, the lobbyists disappear. The “housing crisis” persists, despite decades of promises. For developers, it is the gift that keeps on giving.

I am not blind to Hawaii’s widespread homelessness, overcrowding in small living spaces, absurd commutes, the disproportionate challenges faced by Native Hawaiians and the struggles of the middle class to pay astronomical prices for decades-old fixer-uppers. I consider myself very fortunate to fall into the fifth category.

But we cannot hope to solve our housing problem until we recognize the myths in most definitions of the housing crisis. Here are the three myths I hear most often at the LUC.

No Lack of Housing Stock

Myth: We don’t have enough, or build enough, housing.

Truth: As the pandemic took hold and tourism shut down, it became clear that the over 80,000 newly vacant visitor units in the state were far more than what was needed to house our homeless population, which was estimated to be around 6,500 statewide in 2020.

Even in non-COVID times, the vacancy rate at the high end of the residential market is significant. Think of all the dark windows in luxury buildings across Hawaii. A 2019 survey of Hawaii property owners with out-of-state addresses indicated that 52% of them left their units vacant or loaned them to family or friends.

I am not suggesting we commandeer those units, but they disprove the claim we don’t have or build enough homes. We actually do OK at building housing – take a look at the Kakaako skyline – just not housing that most residents can afford.

Local Families Are Being Outbid

Myth: We need to build 10,000 (or 25,000, or 50,000) new housing units so we can house our local families.

Truth: Because there is no shortage of people who want to move to Hawaii, we cannot build our way out of this situation.

From 2006 through 2018, an average of just over 55,000 people moved into the islands every year. In years when in-migration exceeds outmigration, this of course directly increases demand.

But even in more recent years, when the number of people moving out of Hawaii has exceeded the number of people moving here, the influx has exacerbated the problem of affordability. So many people who want to live here come from areas with better wages and lower housing costs, and thus they are able to outbid current residents in nearly all housing categories.

This holds true for short-term rentals, long-term rentals and for-sale units.  We see it in single family units and condos and in prices ranging from affordable to ultra-luxury. We see it during periods of economic expansion as well as recession.

This is not a new observation. The 2019 State Housing Planning Study cited 2018 data when noting that “15% of Honolulu sales were made to non-residents and 37.5% of Maui County’s housing unit sales were made to persons living outside the State. Hawaii and Kauai Counties also saw approximately 40% of their home sales go to outside buyers.”

The study noted a large “price differential” in the average prices paid by local versus out-of-state buyers – the latter paid nearly 50% more.

Globally, Hawaii is perceived as one of the best places on the planet to live. Unless we significantly restrict flows of people and capital to the islands — which, as a U.S. state, we cannot do — our housing will always be affected by outside pressures.

Mass building will transform our islands and communities. But without significant regulation of who can live in it and how it is priced, creating housing feels like tossing candy off a Christmas float and hoping the kids who are hungry will catch it.

Regulation Is Not The Culprit

Myth: We need to reduce or eliminate zoning, cultural protection and environmental laws.

Truth: The recent Grassroot Institute missive “Reform the LUC to encourage more housing” is the latest in the steady calls for deregulation. These calls seek to reduce or eliminate the LUC and affordable housing quotas and to “streamline” reviews that protect cultural practices and natural resources.

The report looks at legal challenges that have succeeded against developments. But rather than acknowledge the bad business choices of corporations, it blames those who held developers accountable.

In fact, in recognition of the need, regulation around housing has been eased. In 2006 the state instituted an expansive “201H process” to accelerate the creation of actual affordable housing.

The measure allows for housing projects that are exempt from certain statutes, ordinances, charter provisions and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement.

When those projects need LUC approval, the LUC is required to act within 45 days of the filing of a petition. (Our standard timeline allows for 365 days.)

Despite that dramatically accelerated schedule, the LUC has approved every affordable housing project brought to it under the accelerated 201H affordable housing timelines.

There is ample evidence that the LUC is not the barrier to creating affordable housing. One key fact: The LUC has already moved hundreds of acres of land — which were supposed to provide space for many thousands of homes — into the urban district on Oahu. Most recently, landowners of significant urban acreages at Waiawa and Kunia have instead asked permission from the LUC to delay deadlines to build homes by decades to allow them to install solar farms instead.

So what’s a better definition of the problem?

Hawaii has a large shortage of safe, quality housing that is 1) affordable given current wages in the state; 2) restricted to those who already call Hawaii home, especially Native Hawaiians; and 3) in locations near job centers.  We lack the political will to either regulate and manage the market to provide this housing or to sufficiently subsidize occupants to enable them to afford housing.

With that definition, here are some policies that could address the problem.

Solutions To Consider

1. Hold developers to promises they’ve already made. Too often, promised housing isn’t built for decades or isn’t built at all. For example, Oahu’s Makaiwa Hills project on former Campbell Estate lands, which first won LUC approval in 1993, has no announced plans to break ground.

Some projects will never be built, like the failed Hale Mua project near Wailuku, Maui, where the developer was foreclosed on and no credible proposal was put forward as an alternative.

Yet attempts to give the LUC enforcement power – to hold developers to the promises they have made on affordable housing – are not given a hearing at the Legislature.

The state and counties should consistently require affordable units from for-profit actors and fearlessly and consistently enforce and hold developers to their promises.

2. Funding for the Department of Hawaiian Home Lands should always be the first part of any push for housing by the Legislature; the fulfillment of the Hawaiian Homes Commission Act was a condition of statehood.

DHHL is also the one program that has strong and enforceable requirements about who can own the housing built. Yet DHHL is chronically underfunded and then blamed for its failure to fulfill its mandate. DHHL can do better, of course, but to pretend funding is not an issue is disingenuous.

3. We need to revise our rules about buying or renting in affordable projects. As it stands, the only requirement to qualify for newly developed affordable housing is “residency” – which requires only the payment of Hawaii taxes and establishment of domicile, not any length of time living in Hawaii. Because of this lack, there is no guarantee even the small amount of affordable stock will go to the folks who already live here.

We need multiple requirements — that do not violate equal protection or fair housing laws and principles — to allow people access to affordable housing in Hawaii. These can, for example, include requirements that tie housing to employment in public education, police or fire departments and other critical trades, as is already done in a limited way by the University of Hawaii.

4. The nonprofit affordable housing sector — which is required by law to work for a mission rather than money — should be our partner of choice when it comes to creating affordable housing. But rather than call on and cultivate relationships with these organizations (such as the Mutual Housing Association of Hawaii or the Hawaiian Community Development Board), our leaders more reliably turn to the for-profit private sector.

Other jurisdictions focus their efforts on fostering housing land trusts, land banking and providing incentives for nonprofit private housing developers.

5. State- and county-owned housing should be well designed and adequately funded. It needs to be protected from the short-term political whims of elected officials who think on two- and four-year cycles and secured for the long term needs of local families.

Government housing can be one of the best guarantors of long-term affordability, but it is subject to design problems (concentration of poverty), management problems (poor or poorly funded) as well as continual pressure to sell it off.

We should not forget the successful examples of government-backed projects on Oahu. As it stands now, the scale of our efforts here is minuscule compared to the need.

6. We should be increasing density in existing communities, not building farther and farther away from them. This will require the revision of existing laws and codes to prevent neighborhoods from being able to block development.

The way we define a problem determines the way we define its solution. The self-serving cries about an ill-defined “housing crisis” have led us largely to “solutions” that only exacerbate our problems.

Link to original article here.

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.

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. 

Coalition responds to legislature's "2020 cost of living" bill package

The “2020 Cost of Living Initiative” proposed by the Hawaiʻi State Legislature and endorsed by the governor, seeks to provide targeted solutions to help the 48% of Hawaiʻi families living paycheck to paycheck. This package aims to address minimum wage, affordable housing, early education, and public land use. More on proposed package at bit.ly/cb-120.

While we appreciate the efforts of the legislature and the Governor to address the increasingly out of reach cost of living for working families, we and 33 other organizations have substantive concerns with the package. Today, we issued the letter below to Hawaiʻi’s lawmakers calling for solutions to address the needs of Hawaiʻi’s working families without incentivizing poorly planned development, risking precious agricultural lands, or undermining strong labor protections. Read the letter below or at http://bit.ly/CGC_letter_2020.

Top Bill hearings: 2/18 - 2/21

Aloha everyone! We are thrilled that so many of our high priorities have hearings this upcoming week, well before the crossover deadline of March 5th. Many of these hearings, however, are only accepting written testimony…which is why it is so important for you to login in to your capitol.hawaii.gov account and submit written testimony, preferably 24 hours in advance.

Updated action alert/post:

Additional bills have just been scheduled on Friday, Feb. 21 @12pm in the House Finance Committee. Bill number and sample testimony below:

HB2657 Relating to a Coal-Free Hawaii (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB2657 to end the use of coal in Hawai‘i by 2023. Although the last coal fired power plant has a contract that is set to expire in 2022, AES Hawai‘i is currently requesting to be able to increase their coal emissions, which makes this bill timely and necessary. Coal is extremely dirty and impacts public health and air quality. Passing this bill makes meaningful progress towards our clean energy goals and helps to address environmental justice issues, as the burning of coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. Please support HB2657 and help to end the use of coal in our state.

HB2699 Clean Ground Transportation by 2045 (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. Hawai‘i has set ambitious goals to reach 100% renewable energy by 2045, but ground transportation accounts for approximately 1/3 of Hawaii's fossil fuel consumption and additional progress needs to be made in the transportation sector. Setting a complimentary goal of 100% renewable ground transportation is important to reduce and eventually eliminate carbon-based ground transportation in favor of renewable energy alternatives. I support the bill’s approach to gradually transition state fleets by 2035 and then all vehicles to renewable energy-based transportation by 2045. Thank you to the many bill co-sponsors for setting another example on how Hawai‘i has the vision to combat climate change and I ask for your support of HB2699.

HB1878 Sea Level Rise Seller Disclosure (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB1878. Seller disclosure is already required for homes in flooding and tsunami zones and this bill ensures disclosure of the risks of purchasing a home in areas vulnerable to 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. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Thank you for your support of HB1878.

HB2035 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

1. Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I oppose HB2035, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

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First action alert/post:

Wednesday 2/19 @ 4 PM:

• HB1934 Clean and Renewable Energy Jobs (SUPPORT). Sample testimony:

  Aloha Chair Luke and members of the FIN committee. I support HB1934, which would develop a plan to increase jobs in clean and renewable energy. As Hawai‘i advances to 100% clean energy by 2045, it is important we transition the 15,000+ current jobs in the fossil fuel industry to good paying careers in renewable energy. I support HB1934 to help boost our economy, protect public health, and mitigate climate change impacts.

Thursday 2/20 @ 10 AM:

• SB2774 Red Hill Relocation Bill (SUPPORT). Sample Testimony:

  Aloha Chair Baker and members of the CPH committee. I strongly support SB2774 to require the Navy relocate its fuel at Red Hill away from drinking water resources. These tanks are almost 80 years old, have a history of leaks, are corroding, and are located only 100 feet above O‘ahu’s water. The Navy’s own recent study shows that the tanks at Red Hill have a 27.6% chance of leaking 30,000 gallons of fuel every year and that they expect chronic fuel leaks of 5,800 gallons every year. Meanwhile, the Navy is proposing to extend the deadline to upgrade the tanks to 2045, which is too long and would continue to risk the health and safety of O‘ahu’s drinking water. 2028 is a reasonable deadline for the Navy to relocate its fuel. Please support this bill.

Thursday 2/20 @ 10:35 AM:

• SB2060 Coastal Zone Management and Protecting Beaches (SUPPORT). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I strongly support SB2060, which amends our coastal zone management laws to protect against impacts from sea level rise and coastal erosion. This bill also provides important guidance to the counties to help to prevent seawalls and other shoreline hardening structures, which destroys beaches, cultural resources, and coastal ecosystems. Thank you Chair Dela Cruz for introducing this bill and we ask the committee support and pass SB2060.

• SB2812 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I oppose SB2812, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

Friday 2/21 @ 10:30 AM:

• SB2670 Sea Level Rise Buyer Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2670. Sea level rise disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss due to sea level rise and ensures that buyers understand the risks of purchasing a home in vulnerable areas. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

• SB2671 Sea Level Rise Seller Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2671. Seller disclosure is already required for homes in flooding and tsunami zones and ensures that sellers disclose the risks of purchasing a home in areas vulnerable to 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. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

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Help us advance good environmental policies and stop bad bills by logging in to your capitol.hawaii.gov account and submitting written testimony on these top priority bills. Mahalo!

First Lateral bill updates

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 mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. We just passed the first lateral deadline, here’s a breakdown of what on our priority list is still moving:

Sea Level Rise:

1. Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas (Support): HB1878, SB2670, SB2671

2. Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning (Support): SB2060.

Water:

1. Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks (Support): SB2774

2. Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases (Oppose): HB2677

Energy and Transportation:

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

2. Establishing 100% clean transportation goals by 2045 (Support): HB2699.

Healthy Soils (O‘ahu Group priority):

1. Cover crop reimbursement pilot program (Support): HB2167, SB2704.

2. DOFAW tree stock bills (Support): HB2160, SB2531.

Land Use:

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

LUC is not the obstacle to affordable housing—OPPOSE SB3104

Act now to oppose SB3104. This bill exploits the call for affordable housing as a justification to strip the laws that protect agricultural lands from poorly planned housing developments. Please submit your testimony today! 

Show up on Thursday 2/6/2020 at 1:45PM in 225. Tell lawmakers why you support affordable housing AND protections for agricultural lands. Your presence makes all the difference. 

SB3104 is a catch-all affordable housing and land use bill in the 2020 Affordability Package presented by legislators and the Governor before the start of the legislative session. The Sierra Club supports truly affordable, well-planned housing throughout the Hawaiian Islands. Lawmakers claim this bill would ensure affordable housing is built, but we read it and we aren’t seeing it.  

The Land Use Commission is not the obstacle to affordable housing 

There are already laws in place (like Haw. Rev. Stat. § 201H) that expedite the permitting process for affordable housing projects. The LUC has 45 days to process applications for affordable housing under this statute, and they have ALWAYS met that deadline. Where is the long line of affordable housing projects waiting for the LUC’s approval? There is none. 

Developers using counties to side step protections

Developers are using “home rule” as a way to get some county mayors to push SB3104, so that more farm land can be cleared for construction without LUC oversight or historic preservation protections. The counties want to develop as much land as possible because they can collect a lot more property taxes from homeowners than they do from farmers. In reality, this bill would reduce public participation in land use decisions, increase laxness and loopholes for special interests, and reduce critical state oversight and protections of our resources.

Urban sprawl and loss of farmland

If passed, SB3104 would allow counties to authorize 25 acres of farmland to be converted to housing. Nothing in this bill ensures county-approved projects are planned well -- for example ensuring public schools and public transportation are sufficient, or that parks, grocery stores, and other essentials to a healthy community are adequate. Those 25 acres could be in the middle of a large agricultural district, far from basic necessities, and could overrun undocumented historic and cultural assets. 

SB3104 does not ensure actual affordable housing

SB3104 would only require HALF of the units developed to be sold at or below 140% AMI and there is no guarantee that units will be kept at this level over the long-term. It is well-established that 140% AMI is not affordable.

The Sierra Club stands with affordable housing advocates throughout the state calling for truly affordable housing that is kept affordable for the foreseeable future and is well-planned near the urban centers of our islands. Sadly, SB3104 is far from that.  

Please submit your opposition to SB3104 at capitol.hawaii.gov

Initial High Priority Bills

The Sierra Club of Hawai‘i will be monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting freshwater resources. We are also supporting a handful of bills at the state level that have been identified as top issues by our four county groups. Here is a list of our high priority issues and correlating bills:

Sea Level Rise: Sea levels in Hawaii could rise more than 3.2 feet throughout the century. As sea level rises, coastal buffers, habitats, and resources will be greatly impacted and infrastructure and residence may no longer exist along the coast. The state estimates this would result in $19 billion in loss of private land and structures. The state needs to start planning now for the projected impacts of sea level rise to minimize costs and impacts on coastal communities and ecosystems. For this reason, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Require mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas: 

   • 2019 bills: HB565, SB1126, SB1339, SB1340

   • 2020 bills: HB1878, HB2383, HB2384, SB2534, SB2670, SB2671

2. Amend Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning: 

   • 2019 bills: HB549, SB393, SB1113

   • 2020 bills: HB1848, HB2194, SB2060

Water: From our streams to aquifer systems, we must ensure the protection of our freshwater resources. Hawaiʻi’s streams, in their original state, hold enough water to support the ecosystems—mauka to makai—that rely on them, such as subsistence farmers, cultural practices, renewable energy, and large scale agriculture. Likewise, with climate change and decreased rainfall, we must ensure our precious drinking water is protected. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Uphold state laws, ensuring water is first used for the public good before used for private profit. Prevent efforts to allow the continued use of temporary permits for stream diversions:

   • 2019 bills: SB915

   • 2020 bills: HB2677, HB2357, SB2913

2. Protect O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks: 

   • 2020 bills: SB2774

Clean Energy: Hawai‘i is already leading the nation with our goal of producing 100% of our electricity from clean energy by 2045, but we must do more to ensure the transition to clean energy is accelerated and equitable for all. We will be supporting initiatives to reduce greenhouse gas emissions produced from the burning of fossil fuels and urging a transition from dirty to clean fuels. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that: 

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022: 

   • 2019: HB563, SB700

   • 2020: HB2657, SB2366

Group Priorities: A Honolulu-based State Capitol provides challenges to our neighbor island group members and volunteers, who need to travel to O‘ahu to directly interact with legislators and advocate on issues most critical to their island. This session we will be prioritizing issues that were identified as important to the Sierra Club’s four county groups. As a result, the Sierra Club of Hawaiʻi will be working on the following issues:

1. Kaua‘i Group: Require greater setbacks for shoreline development to protect beaches and coastal resources:

   •  Potentially Chapter 205A Coastal Zone Management bills, listed above

   •  Potentially SB2381- Relating to shoreline setbacks

2. O‘ahu Group: Create and fund programs to support farming practices that will develop healthy soils on Hawai‘i’s agricultural lands, both good for agriculture and carbon sequestration efforts: 

   • Cover crop reimbursement pilot program: HB2167, SB2704

   • DOFAW tree stock bills: HB2160, SB2531

3. Maui Group: No specific policies were identified, but the Chapter is already prioritizing climate change bills, which were the group’s top concern.

4. Hawai‘i Island Group: Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems:

   • Commercial aquarium fish trade ban: HB2154

5. Waste bills: Kaua‘i and Hawai‘i Island groups support policies to promote source reduction and zero waste principles to prevent waste rather than manage it after the fact. Since there are so many waste reduction bills - from plastics, to recycling, to food waste and composting - we will be leaning on partner organizations and lead volunteers to assist in this area.

We are a volunteer-driven organization that relies on our members and supporters to help inform our policy positions and increase our impact at the state legislature. As such, this bill list is dynamic and will be changing as bills progress throughout legislative session.

We invite you to engage with us. If you would like to have your voice heard on these and other important environmental justice issues, please sign this petition to join our new CapitolWatch email list so you will receive updates and action alerts sent directly to your inbox.

Happy session!

Preview of 2020 bill priorities