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.

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.

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)

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. 

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.

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.

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.

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.

---

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.

---

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.

Priority Bills Update

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. Since session started, we have testified on 32 bills. We just passed the triple referral bill 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, SB2534, SB2670, SB2671

2. Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning (Support): HB549, SB393, SB1113. HB1848, SB2060.

Water:

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

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

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): SB700, HB2657, SB2366.

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): SB3104, HB2542.

Unfortunately, some of our priorities have been deferred for this session:

• HB2154- Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems (Hawaii Island Group priority).

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

Support SB2774 to shut down Red Hill and relocate the fuel

SUPPORT SB2774, which shuts down the Red Hill facility and relocates the fuel away from Oʻahu’s drinking water.

This Red Hill bill is scheduled for its first hearing on Monday, February 10 at 2:15pm in the Senate Committee on Agriculture and Environment, room 224 and we urge you to submit testimony in support of a clean water future.

The Navy’s massive, 75+ year old tanks currently store 225 million gallons of fuel, 100 feet directly above Oʻahu’s primary drinking water resource. The tanks, built for WWII, should have never been built here and are the largest risk to Oʻahu’s water security future. The tanks have been leaking since construction and most recently leaked 27,000 gallons of fuel into the surrounding environment in 2014. Since this leak, the Navy, EPA, and DOH have been “working” on a 20-year plan to fix the tanks to “better guard” Oʻahu’s water. After six years into the agency agreement, the Navy wants even more time to figure out their solid protection plan. Oʻahu should not have to wait much longer to know that their water is safe in the long run.

There is no tank upgrade that can guarantee that the Red Hill tanks will never leak again. The only sure-fire option for water protection is relocation away from water resources. A recent Navy study revealed that the tanks, as they are now, have a 27.6% chance of leaking 30,000 gallons of fuel every year. Knowing this risk, it is unacceptable that the agencies are allowing the tanks to remain in operation.

SB2774 prohibits underground storage tanks larger than 100,000 gallons to be operated above the underground injection control line —a boundary set by the Health Department that determines where our groundwater aquifer ends and drinking water aquifer begins. This would mean that the Red Hill tanks would be relocated away from O‘ahu’s drinking water and ideally be rebuilt above ground.

Take action today:

• Submit your testimony in support of SB2774 by Sunday, February 9, 2:15pm. Click here to submit your testimony, sample testimony provided below.

• Turn out on Monday, February 10 at 2:15pm to the AEN hearing, room 224 and testify in support.

• Invite your networks to submit testimony and join you on Monday!

---

Sample testimony:

Aloha Chair Gabbard, Vice chair Ruderman, and members of the committee, 

I am writing today in strong support of SB2774, prohibiting the operation of underground storage systems with a capacity of 100,000 gallons or more, mauka of the underground injection control line, after 1/1/2028.

As a water drinker, I am incredibly concerned that the underground storage tanks at the U.S. Navy’s Red Hill storage facility remain in operation directly above a major water source. The Red Hill tanks are over 75 years old and have a long history of leaking fuel into the surrounding environment. This facility alone has leaked over 200,000 gallons since construction, most recently releasing 27,000 gallons of fuel in 2014—none of which was ever located or cleaned up. More upsetting is that 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. I cannot stand idly by while there is such a massive threat to Oʻahu’s drinking water security and I invite you to join me by passing this much needed bill.

There is no tank upgrade option that provides as much security as the relocation of the Navy’s fuel away from drinking water resources. 

Thank you for the opportunity to testify on this important matter.

Sincerely,
[your name]