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 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. 

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!