Support SB2629 Proposed HD1: Coal-Free Hawaii

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

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

Here are easy steps to submit testimony:

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

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

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

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

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

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

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

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

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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.

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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.

5 reasons to support SB2774 to shut down Red Hill

And therefore support SB2774, which requires the Navy to relocate its fuel at the Red Hill Facility away from O‘ahu’s drinking water by 2028.

We are asking water drinkers to help save SB2774. This bill is vital because it provides a clear end date to the operation of the massive, leaky Red Hill tanks and provides the justification needed for the Navy to begin the federal funding procurement process for relocation.

The bill has not been heard in the Senate CPH Committee and will miss the legislative deadline if it is not re-referred. Please call Senate President Kouchi and ask that he remove the CPH committee referral to keep SB2774 alive. Act for Oʻahu’s water security future and call and email Sen. Kouchi at 586-6030 or senkouchi@capitol.hawaii.gov

You can say something like this: 

“Hi, my name is ____ and I am a resident of ____. I’m calling to request President Kouchi’s help on SB2774, a bill that is so important to protecting O‘ahu’s drinking water. I strongly support SB2774 to send a signal to the Navy that more urgent action needs to be taken at Red Hill. SB2774 needs a re-referral to meet crossover deadline and I am asking Senate President to remove the CPH committee referral to keep SB2774 alive and continue this important discussion.”

#1 The Red Hill tanks have a history of leaking and they are corroding.

Navy documents have revealed that there have been more than thirty leaks from the Red Hill facility, the largest leak of 27,000 gallons occurring in 2014 after routine maintenance. Soil samples taken from beneath 19 of 20 of the tanks show petroleum-based staining and petroleum-based chemicals have been repeatedly detected in nearby groundwater monitoring wells. Every sample of steel liner tested during the 2018 Destructive Analysis Testing showed some presence of corrosion, with one sample measuring only 49% of its  original ¼ inch width. 

#2 The Red Hill tanks continue to threaten our water.

The Navy’s risk assessment shows the tanks currently have a 27.6% chance of leaking up to 30,000 gallons each year and the facility will chronically leak 5,803 gallons every year. Meanwhile, the tanks are located only 100 feet above an aquifer that provides drinking water from Hālawa to Hawai‘i Kai. This level of risk to our water is unacceptable, as none of the leaked fuel can be cleaned up before reaching our aquifer.

#3 The Navy has selected the least protective, least costly upgrade option for the Red Hill tanks while asking for 25 more years to come up with a solution.

Under the Administrative Order on Consent, the Navy evaluated six tank upgrade options and selected the option of maintaining status quo at Red Hill, while committing to ”double wall secondary-containment equivalency” or relocation “around 2045”. The Navy has already considered many different tank upgrade technologies such as patch plates, epoxy and urethane coating, aluminum and ceramic spray coating, fiberglass, rubber and a plastic “bladder” liner, carbon fiber sheets, weld overlay, concrete, ceramic tile, carbon steel, and stainless steel. There is no current technology that can feasibly double-wall the tanks.

#4 The State Department of Health has primary jurisdiction to regulate the Red Hill tanks.

The Department of Health is constitutionally and legally obligated to protect our drinking water from contamination. In 1989 the legislature codified HRS§342L, the underground storage tank law, to give DOH the tools it needed to protect our water supply. In 2002, the U.S. EPA delegated authority to the state to regulate all underground storage tanks, even the tanks at federal facilities. Furthermore, the Administrative Order on Consent specifically reserved the state's right to amend state laws and regulations to ensure that future drinking water sources are well protected. 

#5 Relocation away from drinking water is the only long term solution to protect O‘ahu’s water.

Due to the location of these tanks 100 feet above our water, we should not allow these massive, leaky tanks to continue operating after 2045–even with upgrades. It is time to start planning now for the relocation of the Navy’s fuel. The funding that is currently used to maintain the existing Red Hill Facility should be reallocated towards building a new storage tank system that does not jeopardize our drinking water. SB2774 provides a clear end date to the operation of these massive, leaky tanks and provides the justification needed for the Navy to begin the federal funding procurement process for relocation. 

Support SB2774 SD1: Red Hill Relocation Bill

UPDATE- BILL WAS DELETED FROM THURSDAY’S AGENDA. PLEASE STANDBY.

SUPPORT SB2774 SD1, which shuts down the Red Hill facility and relocates the fuel away from Oʻahu’s drinking water.

This Red Hill bill is scheduled for decision-making on Thursday, February 20 at 10:00am in the Senate Committee on Commerce, Consumer Protection, and Health and we urge you to submit testimony in support of a clean water future. Only written testimony will be accepted for this hearing.

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 25 years to know that their water is safe.

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 SD1 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.

Submit your testimony in support of SB2774 SD1 by the afternoon of Wednesday, February 19. Click here to submit your testimony, sample testimony provided below.


Sample testimony:

Aloha Chair Baker, Vice Chair Chang, and members of the committee, 

I am writing today in strong support of SB2774 SD1, 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]

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:

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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:

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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.

Star-Advertiser poll: 73% agree with SB2774 to relocate Red Hill fuel by 2028

Yesterday, the Star-Advertiser’s Big Q Poll had a question on SB2774- a bill we STRONGLY SUPPORT that would shut down the Red Hill fuel tanks and require the relocation of the Navy’s fuel away from drinking water resources by 2028.

454 of 621 responses, or 73% of those polled, either agreed or strongly agreed with this bill:

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Although this is not a scientific poll (view the results here), it reinforces the widespread support for relocating the Navy’s fuel. This support was also evident during the November 2019 public meeting in Moanalua, in which hundreds of residents filled the Moanalua Middle School cafeteria and around 50 people public testified in opposition to the Navy’s current plan for Red Hill.

SB2774 has already received over 100 pages in testimony in its first hearing and now heads to the Senate CPH committee. Notably, our State Department of Health supports the bill, agreeing that in the long term, the Navy’s fuel should not remain in WWII era tanks that sit 100 feet above O‘ahu’s primary drinking water aquifer.

Star-Advertiser: Moving fuel tanks the best option

Link to original article here: https://www.staradvertiser.com/2020/02/13/editorial/our-view/editorial-moving-fuel-tanks-the-best-option/

EDITORIAL | OUR VIEW

In January 2014, the Navy reported a 27,000-gallon leak at Tank 5 in its underground Red Hill Bulk Fuel Storage that it later said was the result of poorly performed work by a contractor and the military’s own insufficient oversight.

The leak at the massive and aging facility, which can store up to 250 million gallons of petroleum for ships and jets, rightly continues to alarm the Honolulu Board of Water Supply (BWS), environmentalists and others as 18 operational tanks sit just 100 above Oahu’s sole source of potable water aquifer.

In the incident’s aftermath, the Navy entered into a legal agreement with the U.S. Environmental Protection Agency and the state Department of Health, sorting through several options for structural improve­- ments and upgrades at the World War II-era facility.

But with the EPA and DOH not yet signing off on a Navy proposal, state lawmakers are now weighing Senate Bill 2774, which aims to altogether scrap underground fixes at the site. The measure should be supported as it serves as the best option to date for protecting Oahu’s groundwater from contamination.

SB 2774 would ban, effective Jan. 1, 2028, operation of an “underground storage system with a capacity of 100,000 gallons or more,” in areas specified by the state, including Red Hill.

In testimony responding to the bill, Navy Region Hawaii asserted that ongoing testing, conducted by the Navy and BWS, shows that water drawn from the aquifer is meeting government-set safety standards, and stressed the importance of the gravity-fed funneling of fuel to Joint Base Pearl Harbor-Hickam.

Written testimony included an excerpt from a letter issued by U.S. Indo-Pacific Command’s Major General Susan A. Davidson, who described Red Hill as a “strategic reserve” that holds a “significant percentage of petroleum war reserves required to defend national security interests in the Indo-Pacific region.” She added that there’s “no comparable U.S.-owned facility.”

While there’s no disputing the need for military fuel storage, unlimited use of Red Hill’s current site should not be an option. Studies document more than 30 leaks dating back to late 1940s, with the one reported in 2014 ranking as the largest.

The facility’s tanks — each big enough to encapsulate Aloha Tower — are buried above groundwater that’s tapped for drinking water, flowing to faucets from Moanalua to Hawaii Kai. The tanks are structurally sound today, but a large-scale leak of any sort could be ruinous. Cleanup could take decades or be deemed cost-prohibitive. Then what?

In November, Navy officials proposed a fix that ranked among the most protective and expensive of on-site options: installation of another layer of tank protection — a carbon steel secondary containment system. However, due to the size and unique structure of the tanks, the technology needed for such an upgrade is not readily available today.

While awaiting a tech catch-up, the Navy wants the EPA and the DOH to sign off on what’s likely the least-protective on-site option under consideration: sticking with the facility’s single-walled steel tank liners while adopting an improved program for cleaning, inspecting and repairing active tanks.

Should technology fail to emerge, the Navy would then remove all fuel from storage around the year 2045 — when the tanks would be about 100 years old. With the threat of tainted water looming larger as the facility ages, that’s too long to wait.

Testifying this week in support of SB 2774’s protection, Ernest Lau, BWS manager and chief engineer, said: “Our drinking water aquifer is the only one of its kind and cannot be replaced.” Red Hill can — and should — be replaced by a new facility in a location that poses no threat to the aquifer, nature’s gift.

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]

Coal-Free Hawai‘i bill has another hearing Thursday!

This is the first time the “Coal-free by 2023” bill has been scheduled for a hearing in CPC. Call Chair Takumi and thank him for hearing this bill and then submit testimony in support for HB2657.

One of our top priorities - banning the use of coal in Hawai‘i starting 2023 - has its second hearing on Thursday, February 6th at 2 PM in the House Consumer Protection and Commerce Committee (agenda here). As you may know, the last coal plant in Hawai‘i, located in Kapolei on O‘ahu, has a contract with the Hawaiian Electric Company that terminates in 2022. We want to pass House Bill 2657 to ensure that this contract is not renewed, and that coal, the dirtiest source of fossil fuels, is eliminated in Hawai‘i once and for all.

Please submit testimony today in SUPPORT of HB2657- Relating to a Coal Free Hawai‘i at capitol.hawaii.gov. Then, call Rep. Takumi at 808-586-6170 and thank him for scheduling and supporting the Coal-Free Hawai‘i bill.

You can quickly submit “support” or add in talking points using the fact sheet below. Testimony in support matters for this bill, so please submit your support for HB2657 today.

AES Fact Sheet v1.png

SUPPORT HB2154 to end the aquarium fish trade

Protect Hawai‘i’s reef life from the commercial aquarium fish trade!

HB2154- ending the commercial harvest of marine life for the aquarium pet trade has been scheduled for a hearing this Thursday, Feb. 6th at 9:15 AM (agenda here). This bill is the highest priority issue for our Hawai‘i Island members. Your testimony in support of HB2154 – describing why you want to protect Hawaii’s marine life – can be submitted at capitol.hawaii.gov.

Last year, hundreds of thousands of marine animals were taken from Hawai‘i's reefs for the aquarium pet trade despite the 2017 Hawai‘i Supreme Court Ruling that led to the invalidation and prohibition of aquarium permits and without the court ordered environmental review.

How? Because DLNR is allowing the aquarium trade to harvest our marine life without proper review, as long as the trade claims they aren't using prohibited gear. There are no limits on the numbers of marine animals that can be taken, and the trade proposed no limits in their recently filed and extremely flawed Draft Environmental Impact Study.

Hawai‘i residents and communities have long called for a complete end to the trade for decades because of environmental concerns and the trade's numerous conflicts with local and cultural values. In the last 45 years, every statewide law regulating this wildlife trade has ignored these longstanding issues and allowed the continued take of unlimited numbers of these animals.

Simply put: Hawai‘i's reefs NEED these creatures, now more than ever before. Reducing the impacts of ocean heat waves and coral bleaching and loss requires greater resilience, and increasing abundance of important species. YOU can help make this happen.

Please take 5 minutes to testify now IN SUPPORT of HB2154, banning commercial aquarium collecting in Hawai'i.

Mahalo to For the Fishes for providing this action alert and the talking points below:

FAQ HB2154 aquarium trade page 1
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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

SUPPORT HB2657: Coal-Free Hawai‘i

One of our top priorities - banning the use of coal in Hawai‘i starting 2023 - has a hearing on Thursday, January 30 at 8:30 AM in the House Energy and Environmental Protection Committee (agenda here). As you may know, the last coal plant in Hawai‘i, located in Kapolei on O‘ahu, has a contract with the Hawaiian Electric Company that terminates in 2022. We want to pass House Bill 2657 to ensure that this contract is not renewed, and that coal, the dirtiest source of fossil fuels, is eliminated in Hawai‘i once and for all. Please submit testimony today in SUPPORT of HB2657- Relating to a Coal Free Hawai‘i at capitol.hawaii.gov. You can quickly submit “support” or add in talking points using the fact sheet below. Testimony in support matters for this bill, so please submit your support for HB2657 today.

AES Fact Sheet v1.png

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: 

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

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:

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

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: 

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: 

  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!

Civil Beat: What Is Hawaii Government Doing About Sea Level Rise?

By Claire Caulfield   / About 10 hours ago

The state predicts sea level rise will cause at least $19 billion in damage in the next 80 years and Brad Stubbs, a Civil Beat reader who lives in Waialua, wanted to know how the government is responding to rising waters.

“How are we going to ensure that these properties, whether public or private, are receiving the support that they need?” he asked. Episode 10 of “Are We Doomed? And Other Burning Environmental Questions” put his question to government officials.

“I would say the government here has more of a plan than most governments elsewhere,” said Josh Stanbro, the chief resilience officer for the City and County of Honolulu.

But there is no set game plan, despite the fact that a 2017 report urged immediate preparation for 3.2 feet of sea level rise by 2060 and the state has already lost more than 13 miles of beach.

“While that might feel unsatisfying for people that are immediately looking for an answer, we also recognize that context matters,” said Matthew Gonser, the coastal and water program manager for the Honolulu Office of Climate Change, Sustainability and Resiliency.

Gonser said the county is working on eight different infrastructure and growth plans for different parts of Oahu. The plans will anticipate predicted sea level rise and will be submitted to the Honolulu City Council for approval in the next few years.

Sam Lemmo, with the Hawaii Office of Conservation and Coastal Lands, said he’s not too worried about public infrastructure. While it might be expensive to move a road or water treatment plant, the government has the authority to do so. Private property, on the other hand, presents unique challenges when planning for sea level rise.

“The scale of it might be so grand that government may not be able to help them in any significant way,” he said.

Lemmo said he’s been investigating the possibility of tapping into funds from the Federal Emergency Management Agency to buy out homeowners who will lose their houses.

“We don’t tend to have those big giant, horrific, catastrophic events and so that seems to be the trigger for getting federal interest,” he said.

Twenty bills addressing sea level rise were introduced in the first week of the 2020 legislative session. While many are similar to bills that failed to pass last session, this year 36 lawmakers formed an environmental caucus, and adapting to sea level rise is one of their top priorities.

“It was disappointing to see the lack of progress at the state level last year,” Stanbro said. “We hope that the state Legislature takes the lead this session and really lays out the policy framework that will help us at the county level navigate away from the climate crisis.”

Changing Hawaii’s Coastal Zone Management Policy

House Bill 1848House Bill 2194 and Senate Bill 2060 seek to change the state’s coastal zone management policy to impose new restrictions on private and public construction near the coastline.

“HB 1848 would clarify that county permitting authorities can exercise discretion over whether they approve things like seawalls and shoreline hardening measures, meaning that if they don’t think that is the best adaptation option for a particular area they can deny the permit application,” said Rep. Nicole Lowen, the bill’s sponsor.

The bills would also double the minimum shoreline setback from 20 to 40 feet and address flanking, or erosion that occurs near seawalls and other shoreline hardening projects.

“It’s like a domino effect,” Stanbro said. “If you put up one wall and it’s going to accelerate the erosion on either side of that wall, and then that’s gonna make the next door neighbor put up their wall and pretty soon you’re diving off of six-foot concrete walls onto hard rock rather than onto beaches.”

A University of Hawaii study on the northeast shore of Oahu found that 45% of shoreline hardening measures, like a seawall, were constructed in response to adjacent hardening.

Current real estate law requires sellers to notify potential buyers if the property will be affected by things like noise pollution from commercial airplanes or military activities. Five bills at the Capitol seek to add a mandatory disclosure if the property will be affected by sea level rise.

House Bill 2383 would notify potential buyers that vulnerable coastal properties may one day become public property due to erosion and sea level rise, since beaches are considered public trust land in the state. A similar bill in the Senate would notify potential buyers about coastal erosion.

Limiting New Coastal Projects

House Bill 1611 would prohibit the Board of Land and Natural Resources from approving long-term projects in areas that could be affected by sea level rise. While the bill is written to address many types of construction near the coastline, the bill’s sponsor, Rep. Cynthia Thielen, said she had the controversial rail project in mind when writing the measure.

“What on earth are we doing allowing the city to build a rail along a route … where seven of the stations will be subject to flooding,” she said last week. Thielen is one of five Republicans in the 51-member House.

Another bill, which House Speaker Scott Saiki introduced by request of another party, would increase the gasoline tax by 5 cents to “preserve and enhance” wildlife habitats affected by rising sea levels.

Five of the bills would set aside funds for the Hawaii Climate Change Mitigation and Adaptation Commission to create specific sea level rise adaptation plans.

Lowen, who sponsored one of the bills, said the measure would allow the state to respond quickly when infrastructure is damaged by sea level rise.

“If we can anticipate that some roads will be impacted by chronic flooding or erosion, then we can start now to plan an alternative,” she said. “Then, when the time comes that a flood or high tide washes out a road, instead of rebuilding it exactly as it was, as we’ve done in the past, we will be ready to reroute it and rebuild it in a more resilient way that accounts for the impacts of climate change.”

The bills would require the commission to submit its recommendations to the Legislature by 2022.

Another bill focuses solely on urban Honolulu and Waikiki, and would create a pilot program to defend the shoreline between the Honolulu International Airport and Diamond Head State Monument from sea level rise and natural disasters like hurricanes.

House Bill 2207 calls for an assessment on the cost of continuing to maintain a crumbling road on the North Shore. Earlier this month part of the highway in Hauula collapsed into the ocean. A separate bill would require the Department of Transportation to develop a long-term plan to address erosion along Kamehameha Highway on the Koolauloa Coast.

“Are We Doomed? And Other Burning Environmental Questions” is funded in part by grants from the Environmental Funders Group of the Hawaii Community Foundation and the Frost Family Foundation.

Hawaiʻi Rising: Opening Day

From Kanaeokana and partners:

Join the thousands at the capitol on Wednesday, January 15, 2020 and be part of the movement. Together we can shift the political landscape and shape a new future for Hawaiʻi rooted in aloha ‘āina.

Speakers at Hawaiʻi Rising will include:
• Pua Case
• Kahoʻokahi Kanuha
• Lanakila Manguail
• Kealoha Pisciotta
• Kaleikoa Kā‘eo
• Noenoe Wong-Wilson
• Andre Perez
• Walter Ritte
• Mililani Trask
• Alika Desha
• Nawahine Naho‘opi‘i
• Ke‘eaumoku Kapu
• Kuike Ohelo
• Nakia Nae‘ole
• And more...

See you at the capitol on January 15th.

----

Hawai‘i Rising
Capitol, 415 S Beretania St.
Wednesday, January 15, 8:00a - 5:00p

Send a message to the power brokers in Hawai’i that aloha ʻāina supporters are organized, engaged, and rising like a mighty wave. Come and join in:
• Protocol
• Puʻuhuluhulu University classes
• Mele lāhui
• Kuʻi ʻai
• Political organizing

For general information, maps, schedules, and a list of Pu‘uhuluhulu University Classes, please visit: hawaiirising.org/event

Register on the Hawaiʻi Legislature Website

Creating an account on the Hawaiʻi State Legislature website is the best way to ensure your voice is heard. The website is user friendly and registering yourself will allow you to submit testimony without the need to re-enter required information, create personalized measure tracking lists, and receive official hearing notices directly to your inbox.

Obviously, the CapitolWatch program is here to make this process as easy as possible as well. We will be sending out information on our top priority bills, testimony talking points and sample testimony, and calls to action on important bills as well.

You can helpful documents on navigating the capitol website, writing and submitting testimony, committee schedules, 2020 calendar and more on our Legislative How-To page here.