Contact the Governor to VETO HB499

Contact Governor Ige ASAP and urge him to VETO House Bill 499!

House Bill 499 authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land—for upwards for 99 years.

Click here to contact the Governor - comment on legislation

You can say something like:

“Aloha e Governor Ige,

My name is ___ and I am a resident of ___. I am contacting you to ask that you veto House Bill 499. I am opposed to HB499 because I believe it is wrong to allow private developers to extend their current leases beyond 65 years with no cap and without proper stewardship or Environmental Impact Assessments. The land should be returned to the public good as promised.

Sincerely,”

Sine die session adjourned: Bill digest

This was yet another tough year at the legislature. Between being fully virtual and basically locked out of the building, the unknowns of COVID-19 and how we will recover, and a slew of bad bills... it was challenging to say the least, but we made it out the other side thanks to the support and advocacy of people like you. Even better, we have a lot to celebrate—even with the hard losses.

Top good bills to pass include: sea level rise exposure area disclosures when buying a home, and required state sea level rise planning, 100% clean ground transportation goals for government, and expansion of SNAP double bucks for farmers markets

The Sierra Club of Hawaiʻi has been advocating for sea level rise disclosures for at least 6 years—AND IT FINALLY PASSED! Big mahalo to Jodi Malinoski and Dave Raney for their perseverance and dedication to the cause! Tenacity wins the day yet again!

There was a lot of focus on playing defense this session and we managed to kill some very bad bills including allowing direct negotiations of water licenses, cutting the solar tax credit, making protesting at energy infrastructure sites a Class C felony, and several bills to limit due process.

Unfortunately, like many other years, we had a couple of hard losses—this year being the passage of 100-year leases to ceded lands and a working group to facilitate the transfer of 93,000 acres of pasturelands from DLNR to DOA. They are headed to the Governor's desk so there is still a chance to influence a veto—see the most recent action alert here.

Our coalitions, partners and friends also saw some good wins that we are very proud of including a resolution in support of Waiʻoli kalo farmers, establishing a youth green jobs corps, taxing the rich through closing loopholes, and more.

Again, we can't thank you enough for your ongoing support, advocacy, and involvement in our CapitolWatch program and other legislative efforts. Every testimony you submitted, email you sent, and call you made had an incredible impact on the future of Hawaiʻi, its people and environment. Thank you, thank you, thank you. Now take a moment to rest, reset, and refocus—there's a lot more to still be done!

Top good priority bills that we helped pass:

Sea level rise disclosure (SB474) - Requires that residential real estate transactions include a disclosure if the property lies within the sea level rise exposure area.

Sea level rise planning (HB243) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, asses mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

Establishes 100% clean ground transportation goals (HB552) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles.

Expands SNAP double bucks (SB512) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

Top bad priority bills we helped stop:

Allows direct negotiations of water licenses (HB1015/SB1169) - Allows the Board of Land and Natural Resources to issue long-term water licenses for the diversions of public streams via direct negotiations as an alternative to a public auction process.

Cuts the solar tax credit (SB1237/HB1173/HB1174) - Reduces the solar tax credit by 50%.

Anti-Protester Bill (HB686) - Makes it a Class C Felony to protest at energy infrastructure sites.

"Streamlining" county developments (HB497) - Prohibits the counties from requiring, as part of a county zoning ordinance or county rule, a developer with more than one residential unit to obtain the approval of any state agency unless that approval is expressly required by law.

Weakens the State Land Use Commission's Authority (SB137/HB260) - Authorizes county land use decision making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of "affordable" housing.

Weakens Environmental Impact Statement Law (HB901/SB1055) - Allows “secondary” infrastructure improvements within a highway or public right-of-way to be exempt from environmental assessment requirements.

Eliminates contested case hearings (HB344) - Limits public participation in agency decisions on land and water use and instead force citizens to go to court.

Declaratory rulings cannot be appealed (HB341) - Limits people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”.

Amends the State Water Code (HB1258) - Opens up the State Water Code, in particular water use permits, to amendments.

Top bad priority bills that passed:

99 year leases on public lands (HB499) - Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land.

Watershed to “pasturelands” (HB469) - Establishes a working group of lawmakers and agency officials to decide the fate of 93,000 acres of native forest watershed used for ranching. These lands are managed by the Department of Land and Natural Resources and should be in conservation, but the Department of Agriculture wants those lands to be permanently in transferred to them from ranching purposes.

Good coalition and partner bills to celebrate:

Establishes a green jobs corps (HB1176) - Establishes a green job youth corps program in DLNR that uses federal COVID-relief funds to provide work and training opportunities to help address the unemployment impacts of the COVID-19 pandemic, improve management of our watersheds, and support economic diversification.

Waiʻoli Valley Taro Hui Lease (HCR163) - Request the Board of Land and Natural Resources enter into a long-term lease with the Waiʻoli Valley Taro Hui for the group's existing use of water from Waiʻoli stream through direct negotiations.

Shrinks loophole on capital gains tax (HB133) - Increases the capital gains tax threshold from 7.25% to 9%. Increases the alternative capital gains tax for corporations from 4 to 5%.

Increases tax on $4 million+ real estate sales (HB58) - Temporarily suspends certain general excise and use tax exemptions. Increases conveyance taxes for the sale of non-commercial properties valued at $4,000,000 or greater.

Establishes the Environmental Advisory Committee (HB1318) - Transfers the rights, powers, employees, appropriations, and other personal property from the Office of Environmental Quality Control to the Office of Planning.

Funds for forest stewardship program (HB863) - Appropriates funds for the forest stewardship program of the department of land and natural resources to build and expand facilities of the state tree nurseries.

Final stretch: One week left! Bill update & last minute actions

We are in the final stretch of the 2021 Legislative Session, just one week left. Bills were heard in conference committee last week and will be voted on on the House and Senate floors this coming week. Here is a status update of our top priority bills and a last minute action to take on HB499:

Top good bills we support:

HB431/HB544/HB597/SB230/SB292/SB474/SB503 - SEA LEVEL RISE DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area. While there were 7 similar bills introduced, only one is still alive.

ALIVE: SB474 - Sponsored by Sen. Keith-Agaran + 5 other senators. Passed out of conference with amendments with yes votes by Reps Tarnas, Johanson, Ganaden and Sens Inouye, Baker, Rhoads, Misalucha; Rep. McDermott excused. Upon floor votes next week, likely headed to Governor’s desk!

HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

ALIVE: HB243 - Sponsored by Rep. Tarnas + 28 other House members. Passed out of conference with amendments with yes votes by Sens Inuoye, Gabbard, Moriwaki and Reps Tarnas, Lowen, Branco; Rep. McDermott excused. Upon floor votes next week, likely headed to Governor’s desk!

HB463/HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles. Of the four bills introduced, two were heard.

ALIVE: HB552 - Sponsored by Rep. Lowen + 19 other House members. Passed out of conference with amendments with yes votes by Reps Lowen, Johanson, Cullen, Matsumoto and Sens Wakai, Lee, Kidani; Rep. Aquino excused. Upon floor votes next week, likely headed to Governor’s desk!

SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

ALIVE: SB512 - Passed out of conference with amendments with yes notes by Reps. Hashem, Yamane, Cullen, Todd and Sens. Gabbard, English, Rhoads; Rep. Matsumoto excused. Upon floor votes next week, likely headed to Governor’s desk!

Top bad bills we oppose:

HB499/SB257 - 99 YEAR LEASES ON PUBLIC LANDS (OPPOSE) - Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land. 

ALIVE: HB499 -  Sponsored by Rep. Tarnas + 14 other House members. Passed out of conference with amendments with yes votes by Sens. Inouye, Keith-Agaran, Misalucha, and Reps. Tarnas, Johanson, Cullen; no vote by Sen. Fevella; Rep. McDermott excused. 

TAKE ACTION: House and Senate floor votes on Tuesday, April 27. Contact your legislators to ask that they VOTE NO on this measure which would allow lease extensions of Hawaiian Lands to developers resulting in century long leases. Find your legislator’s info at capitol.hawaii.gov/fyl

SB1237/HB1173/HB1174 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

DEAD: HB1174 - This last minute gut and replace type amended bill has died! Thank you to everyone who took action to contact your legislators and express your support for the solar tax credit!

HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

ALIVE: HB469 - Sponsored by Rep. Onishi + 5 other House members. Passed out of conference with amendments with yes votes by Reps. Lowen, Johanson, Cullen, Matsumoto, and Sens. Wakai, Lee, Kidani; Rep. Aquino excused. Unfortunately headed to Governor’s desk, stay tuned for veto action. 

Save Hawaiʻi's Solar Tax Credit - Contact your legislators today!

Yep, we’re here again—fighting to preserve Hawaiʻi’s solar tax credit. In a last minute, behind the scenes move, the Senate did a “gut & replace” type amendment to a bill about tax credits for the movie industry (HB1174) to include a 50% cut to the solar tax credit. You might remember that there were two other bills this session (HB1173/SB1237) aiming to cut the credit but those bills died early on—the Senate just couldn’t let it go and snuck it in at the last possible moment. 

Take a moment today to email your legislators and urge them to save the solar tax credit for the future of our climate and our economy! Click here to easily email your representative and senator!

Hawaiʻi needs this solar tax credit now more than ever.
This tax credit makes rooftop solar more accessible for thousands of Hawaiʻi’s homeowners, helps us reach our 100% clean energy goals and lessens our contribution to the climate crisis.With Oʻahu's coal plant set to close next year and Hawaiian Electric dragging their feet on large scale solar projects, we need as much solar on as many roofs as possible—this tax credit helps more homeowners meet this challenge and be a part of the collective solution. 

The solar industry employs over 4,000 local residents. More rooftop solar means more jobs in a stable, diversified workforce—something Hawaiʻi desperately needs right now. If we’ve learned anything from the COVID-19 pandemic, it’s that too much of our economy and workforce depends on the tourism industry, an industry that is not as resilient as once thought. Providing diversified work for Hawaiʻi is critical as we emerge from the COVID-19 pandemic. 

We encourage you to also call your legislators to double down on our call to save the solar tax credit. Find you legislator’s contact here. You can say something like "Aloha, my name is _____ and I’m a resident of ______. Please remove *part 2* from HB1174 SD1—cutting the solar tax credit may save a few million dollars now, but it will ultimately undermine a diversified industry and a clean energy future during a job and climate crisis."⁠

Top priority bill update - April 13

Top good bills we support:

HB431/HB544/HB597/SB230/SB292/SB474/SB503 - SEA LEVEL RISE DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area. While there were 7 similar bills introduced, only one is still alive.

ALIVE: SB474 - Sponsored by Sen. Keith-Agaran + 5 other senators. Heard and passed on 4/1 in CPC by Reps Johanson, Kitagawa, Aquino, Har, Hashem, Mizuno, Morikawa, Onishi, Tarnas, Matsumoto with Rep Kong excused. Then unanimously passed on the House floor on 4/9, headed to conference committee and hopefully to become a law! 

HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

ALIVE: HB243 - Sponsored by Rep. Tarnas + 28 other House members. Heard and passed unanimously on 4/1 in WAM. Now headed to the Senate floor and hopefully on to conference committee then to become law. 

HB463/HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles. Of the four bills introduced, two were heard.

ALIVE: HB552 - Sponsored by Rep. Lowen + 19 other House members. Heard and passed in WAM by Sens Dela Cruz, Keith-Agaran, English, Inouye, Kanuha, Kidani, Moriwaki, Shimabukuro, Wakai, Fevella; Sen. Taniguchi excused. Now headed to the Senate floor and hopefully onto conference committee then to become law. 

DEAD: SB920 - Sponsored by Sen. Wakai. Supported unanimously in the Senate. Not heard in FIN by Rep. Luke.

SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

ALIVE: SB512 - Sponsored by Sen. Dela Cruz + 8 other Senators. Heard and passed unanimously on 4/5 in FIN. Now headed to the House floor and hopefully onto conference committee then to become law. 

Top bad bills we oppose:

SB1237/HB1173/HB1174 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

ALIVE: HB1174 - While the two original bills (SB1237/HB1173) that aimed to cut the solar tax credit died, a sneaky gut and replace to HB1174 has brought back the 50% cut. HB1174 originally amended the tax credit to Hawaiʻi’s movie industry and now incorporates a slash to the solar tax credit. 

The gut & replaced bill was heard for decision in WAM on 4/1 with yes votes from Sens Dela Cruz, Keith-Agaran, English, Inouye, Kanuha, Kidani, Moriwaki, Shimabukuro, Wakai; with reservations: Sen. Taniguchi and no vote by Sen Fevella. This bill will be heard on the Senate floor today. Stay tuned for actions around this bill if it heads to conference committee. 

HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

ALIVE: HB469 - Sponsored by Rep. Onishi + 5 other House members. Heard and passed unanimously on 4/7 in WAM and passed on 4/6 in JDC with yes votes from Sen. Rhoads, Keohokalole, Gabbard, Fevella; with reservations: Sen. Kim; no vote from Sen. Acasio and Sen. Lee excused. Headed to the Senate floor.

HB499/SB257 - 99 YEAR LEASES ON PUBLIC LANDS (OPPOSE) - Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land.

ALIVE: HB499 -  Sponsored by Rep. Tarnas + 14 other House members. Heard and passed in WAM with yes votes from Sen. Dela Cruz, Keith-Agaran, English, Inouye, Kanuha, Kidani, Moriwaki, Shimabukuro, Taniguchi, Wakai; no vote from Sen. Fevella. Headed to the Senate floor.

HB686/SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

DEAD: HB686 - Sponsored by Rep. Nakashima + 11 other House members. Not heard in JDC by Sen. Rhoads, good work everyone!

HB497 - “STREAMLINING” COUNTY DEVELOPMENTS - Prohibits the counties from requiring, as part of a county zoning ordinance or county rule, a developer with more than one residential unit to obtain the approval of any state agency unless that approval is expressly required by law.

DEAD: HB497 - Sponsored by Rep. Tarnas + 16 other House members. Not heard in JDC/WAM by Sen. Rhoads and Sen. Dela Cruz, good work everyone! 

Second Lateral Update

March 25th marks second lateral deadline and there are only about 60 environmental bills still alive. Second lateral is the deadline that all bills with multiple committee referrals must move to their final committee in their non-originating chamber. Here’s an update on our top priorities, with the bills still “alive” and their next steps in bold text:

Top good bills we support:

HB431/HB544/HB597/SB230/SB292/SB474/SB503 - SEA LEVEL RISE DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area. While there were 7 similar bills introduced, only two are still alive.

  • ALIVE - SB474 - Sponsored by Sen. Keith-Agaran + 5 other Senators. Supported unanimously in Senate. Heard and passed in committee by Sen. Inouye, Sen. Baker, Sen. Rhoads, and Rep. Tarnas. SB474 has its final committee hearing on April 1st and then will hopefully advance through conference committee and become law.

  • DEAD - HB554 - Sponsored by Rep. Tarnas + 34 other House members. Heard and passed in committee by Rep. Tarnas and Rep. Johanson. Supported unanimously in House and crossed over to the Senate. Not heard in committee by Sen. Inouye and died.

HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

  • ALIVE - HB243 - Sponsored by Rep. Tarnas + 28 other House members. Supported unanimously in House. Heard and passed in committee by Rep. Tarnas, Rep. Lowen, Rep. Luke, Sen. Inouye, and Sen. Gabbard. HB243 has its final committee hearing on April 1st and then will hopefully advance through conference committee and become law.

HB463/HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles. Of the four bills introduced, two were heard.

  • ALIVE - HB552 - Sponsored by Rep. Lowen + 19 other House members. Supported unanimously in House, except for Rep. Okimoto voting aye with reservations and Rep. McDermott voting no. Heard and passed in committee by Rep. Lowen, Rep. Aquino, Rep. Johanson, Rep. Luke, Sen. Wakai, and Sen. Lee. Needs to be passed out of WAM Committee by Sen. Dela Cruz by April 9th. Call his office at 808-586-6090 and urge him to hear and pass HB552.

  • ALIVE - SB920 - Sponsored by Sen. Wakai. Supported unanimously in Senate. Heard and passed in committee by Sen. Lee, Sen. Wakai, Sen. Dela Cruz, Rep. Lowen, and Rep. Johanson. Needs to be passed out of FIN Committee by Rep. Luke by April 9th. Call her office at 808-586-6200 and urge her to hear and pass SB920.

SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

  • ALIVE - SB512 - Sponsored by Sen. Dela Cruz + 8 other Senators. Supported unanimously in Senate. Heard and passed in committee by Sen. Gabbard, Sen. Dela Cruz, Rep. Hashem, Rep. Yamane. Needs to be passed out of FIN Committee by Rep. Luke by April 9th. Call her office at 808-586-6200 and urge her to hear and pass SB512.

HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - Requires the environmental council to develop a tool to identify economic justice communities. Defines "economic justice community".

  • DEAD - HB1350 - Sponsored by Rep. Marten. Heard and passed in committee by Rep. Lowen. Not heard in committee by Rep. Nakashima and died.

SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - Establishes the environmental justice mapping task force and an advisory council to develop high-quality data relating to environmental justice concerns, identify environmental justice communities, and devise a method to correct for racist and unjust practices leading to historical and current environmental injustices.

  • DEAD - SB1277 - Sponsored by Sen. Chang. Not heard in committee by Sen. Gabbard and died.

HB696/SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Adds definitions of "biomass" and "fossil fuels", and amends the definition of "power generating facility" for purposes of environmental impact statements.

  • DEAD - HB696 - Sponsored by Rep. Eli. Not heard in committee by Rep. Lowen and died.

  • DEAD - SB889 - Sponsored by Sen. Shimabukuro + 3 other Senators. Not heard in committee by Sen. Gabbard and Sen. Wakai and died.

HB860 - SOLAR ON NEW HOMES (SUPPORT) - This bill would require new housing development projects to be constructed with rooftop solar panels.

  • DEAD - HB860 - Sponsored by Rep. Marten + 9 other House members. Heard and passed in committee by Rep. Lowen. Heard and deferred in committee by Rep. Johanson.

HB464 - STREAMS PROTECTION (SUPPORT) - Prohibits BLNR from authorizing the diversion of water from streams except under specified criteria. Deposits moneys collected via land dispositions that authorize or have the effect of authorizing the diversion of water from streams into the forest stewardship fund.

  • DEAD - HB464 - Sponsored by Rep. Kapela + 5 other House members. Not heard in committee by Rep. Tarnas and died.

Top bad bills we oppose:

HB686/SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

  • ALIVE - HB686 - Sponsored by Rep. Nakashima + 11 other House members. Heard and passed in committee by Rep. Takayama and Rep. Nakashima. Supported unanimously in House except for no votes from Rep. Eli, Rep. Ganaden, Rep. Kapela, Rep. Dale Kobayashi, and Rep Perruso. Bill needs to be passed out of JDC Committee by Sen. Rhoads by April 9th. Please call Sen. Rhoads office at 808-586-6130 to tell him you oppose HB686 and urge him to NOT schedule the bill for a hearing.

  • DEAD - SB612 - Sponsored by Sen. Baker + 4 other Senators. Heard and deferred in committee by Sen. Rhoads.

 HB497 - “STREAMLINING” COUNTY DEVELOPMENTS - Prohibits the counties from requiring, as part of a county zoning ordinance or county rule, a developer with more than one residential unit to obtain the approval of any state agency unless that approval is expressly required by law.

  • ALIVE - HB497 - Sponsored by Rep. Tarnas + 16 other House members. Supported unanimously in House except for no votes from Rep. Eli, Rep. Kapela, Rep. Marten, Rep. McKelvey, Rep. Perruso, and Rep. Tam. Heard and passed in committee by Rep. Lowen, Rep. Luke, Sen. Inouye. Bill needs to be heard and passed in JDC/WAM Committees by April 9th. Please call Sen. Rhoads at 808-586-6130 and Sen. Dela Cruz at 808-586-6090 to tell them you oppose HB497 and urge them to NOT schedule the bill for a joint hearing.

HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

  • ALIVE - HB469 - Sponsored by Rep. Onishi + 5 other House members. Supported unanimously in House except for no votes from Rep. Eli, Rep. Kapela, Rep. Dale Kobayashi, Rep. LoPresti, Rep. Lowen, Rep. McKelvey, Rep. Perruso, Rep. Tam, and Rep. Wildberger. Heard and passed in committee by Rep. Tarnas, Rep. Luke, Sen. Inouye, Sen. Gabbard. Bill needs to be heard and passed in JDC/WAM Committees by April 9th. Please call Sen. Rhoads at 808-586-6130 and Sen. Dela Cruz at 808-586-6090 to tell them you oppose HB469 and urge them to NOT schedule the bill for a joint hearing.

  • DEAD - SB693 - Sponsored by Sen. Inouye and Sen. Dela Cruz. Heard and passed in committee by Sen. Inouye and Sen. Gabbard. Not heard in committee by Sen. Rhoads and died.

HB499/SB257 - 99 YEAR LEASES ON PUBLIC LANDS (OPPOSE) - Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land.

  • ALIVE - HB499 - Sponsored by Rep. Tarnas + 14 other House members. Supported unanimously in House except for votes with reservations from Rep. LoPresti, Rep. Marten, and Rep. Wildberger and no votes from Rep. Eli, Rep. Ganaden, Rep. Gates, Rep. Kapela, Rep. Dale Kobayashi, Rep. McKelvey, Rep. Perruso, and Rep. Tam. Heard and passed in committee by Rep. Tarnas, Rep. Johanson, Rep. Luke, and Sen. Inouye. Bill needs to be heard and passed in WAM Committee by Sen. Dela Cruz by April 9th. Please call Sen. Dela Cruz at 808-586-6090 to tell him you oppose HB499 and urge him to NOT schedule the bill for a hearing.

  • DEAD - SB257 - Sponsored by Sen. Inouye + 3 other Senate members. Heard and passed in committee by Sen. Inouye. Not heard in committee by Sen. Rhoads, so re-referred by Sen. Kouchi to WAM Committee to stay alive. Heard and passed in committee by Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Keohokalole, Sen. Moriwaki, Sen. Nishihara, Sen. Rhoads, Sen. Riviere and no votes from Sen. Acasio and Sen. Fevella. Bill crossed over to House and given quadruple referral. Bill not heard by Rep. Tarnas and died.

SB1237/HB1173 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

  • DEAD - SB1237 - Sponsored by Sen. Wakai. Heard and passed in committee by Sen. Wakai and Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Acasio, Sen. Ihara, and Sen. Taniguchi and no votes from Sen. Gabbard and Sen. Lee. Bill not heard by Rep. Lowen and died.

  • DEAD - HB1173 - Sponsored by Rep. Quinlan and Rep. Luke. Not heard in committee by Rep. Lowen and died.

SB137/HB260 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

  • DEAD - SB137 - Sponsored by Sen. Kanuha and Sen. Keith-Agaran. Heard and passed in committee by Sen. Inouye and Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Ihara and Sen. Moriwaki and no votes from Sen. Acasio, Sen. Fevella, Sen. Gabbard, and Sen. Riviere. Bill heard and deferred by Rep. Tarnas and Rep. Nakamura.

  • DEAD - HB260 - Sponsored by Rep. Hashimoto + 10 other House members. Heard and passed in committee by Rep. Nakamura and Rep. Tarnas. Not heard in committee by Rep. Nakashima and died.

HB901/SB1055 - WEAKENS ENVIRONMENTAL IMPACT STATEMENTS LAW (OPPOSE) - Allows “secondary” infrastructure improvements within a highway or public right-of-way to be exempt from environmental assessment requirements.

  • DEAD - HB901 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Lowen. Heard and deferred by Rep. Nakashima.

    DEAD - SB1055 - Sponsored by Sen. Kouchi. Heard and passed in committee by Sen. Gabbard and Sen. Lee. Not heard in committee by Sen. Rhoads and died.

HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Allows the Board of Land and Natural Resources to issue long-term water licenses for the diversions of public streams via direct negotiations as an alternative to a public auction process. Learn more here.

  • DEAD - HB1015 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Tarnas and Rep. Johanson. No votes during second reading by Rep. Eli, Rep. Kapela, Rep. Perruso, and Rep. Wildberger. Heard and deferred in committee by Rep. Luke.

  • DEAD - SB1169 - Sponsored by Sen. Kouchi. Heard and passed in committee by Sen. Inouye. Not heard in committee by Sen. Rhoads and died.

HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - This bill would limit people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”.

  • DEAD - HB341 - Sponsored by Rep, Saiki. Heard and deferred in committee by Rep. Nakashima.

HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - This bill would limit public participation in agency decisions on land and water use and instead force citizens to go to court. This bad bill passed the House Water and Land Committee, but is now dead after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • DEAD - HB344 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Tarnas. No votes during second reading by Rep. Kapela, Rep. Perruso, and Rep. Wildberger. Heard and deferred in committee by Rep. Nakashima.

HB1258 - AMENDS THE STATE WATER CODE (OPPOSE) - This bill would have opened up the State Water Code, in particular water use permits, to amendments.

  • DEAD HB1258 - Sponsored by Rep. Nakashima. Heard and deferred in committee by Rep. Tarnas.

Take action on four environmental bills!

We just passed the halfway point of legislative session and four top priority bills already have hearings next week! Please take action and submit testimony via your account at capitol.hawaii.gov. Testimony should be submitted at least 24 hours before each hearing to ensure your testimony is received on these important bills:

OPPOSE HB499 HD2 - TO STOP 99-YEAR LEASES ON PUBLIC LANDS: This bill has a hearing in the Senate WTL Committee on Monday 3/15 @ 1 PM. Simply “oppose” or feel free to use the sample testimony below:

Aloha Chair Inouye, Vice Chair Keith-Agaran, and members of the Committee,

I oppose HB499 HD2, which would allow the Dept. of Land and Natural Resources to extend leases on public lands throughout the state without any cap. From stream diversions on Maui and Kauai, to Mauna Kea and Pohakuloa on Hawaii island, we already have ongoing issues with DLNR’s management of public lands and issuance of long-term leases. The DLNR should not be allowed to extend leases for the benefit of private developers, especially without public transparency, proper stewardship, or assessment of environmental impacts. Please defer HB499.

POST-HEARING UPDATE: Despite all the opposition, HB499 was passed out of WTL Committee by Chair Inouye. The votes were 4 yes by Senator Inouye, Senator Keith-Agaran, Senator Misalucha, and Senator Riviere (yes with reservations) and 1 no vote from Senator Fevella. Next up, we need to stop this bill from being heard and passed out of WAM Committee. Please call Sen. Dela Cruz at 808-586-6090 and request that he does not hear this bill.

OPPOSE SB137 SD2 - TO PROTECT AGRICULTURAL LANDS FROM DEVELOPMENT: This bill has a joint hearing in the House Water and Land and House Housing Committees on Tuesday 3/16 @ 10:15 AM. Simply “oppose” or feel free to use the sample testimony below:

Aloha Chair Tarnas, Chair Nakamura, and members of the Committees,

I oppose SB 137 SD2, which weakens the Land Use Commission’s oversight on agricultural lands by allowing counties to rezone 25 acres of farmland to be converted to housing that is not guaranteed to actually be “affordable.” 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. Please defer SB137.

POST-HEARING UPDATE: Your advocacy in opposition helped! SB137 was deferred in WAL and HSG Committees by Chair Tarnas and Chair Nakamura. This bill is now dead for this session. Please call Rep. Tarnas at 808-586-8510 and Rep. Nakamura at 808-586-8435 and thank them for deferring this bad bill.

OPPOSE HB469 HD1 - TO PROTECT OUR WATERSHED LANDS: This bill has a joint hearing in the Senate Water and Land and Senate Agriculture and Environment Committees on Wednesday 3/17 @ 1:05 pM. Simply “oppose” or feel free to use the sample testimony below:

Aloha Chair Inouye, Chair Gabbard, and members of the Committees,

I oppose HB469 HD1, 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. Please defer HB469.

POST-HEARING UPDATE: Decision making on HB469 was deferred until Monday, March 22 @ 1:05 to allow the committees more time to work on bill amendments that were proposed by the Department of Land and Natural Resources and Cattlemen Association. Hearing notice here. Please call Sen. Inouye at 808-586-7335 and Sen. Gabbard at 808-586-6830 and ask that they defer HB469 and protect our watershed lands.

SUPPORT HB243 HD1 - TO PLAN AND COORDINATE STATEWIDE FOR SEA LEVEL RISE IMPACTS: This bill has a joint hearing in the Senate Water and Land and Senate Agriculture and Environment Committees on Wednesday 3/17 @ 1:05 pM. Simply “support” or feel free to use the sample testimony below:

Aloha Chair Inouye, Chair Gabbard, and members of the Committees,

I strongly support HB243 HD1 for improved planning and statewide coordination for sea level rise adaptation. While the state of Hawaii has adopted very ambitious goals for clean energy and carbon neutrality to reduce our carbon emissions, much work remains for developing and implementing sea level rise adaptation strategies we will need in this era of climate change. HB243 is a common sense first step. I also support language in this bill to protect the state’s most vulnerable populations and promote resilience and nature-based adaptation solutions. Please pass HB243.

POST-HEARING UPDATE: Your advocacy in support helped! HB243 was passed in WTL and AEN Committees by Sen. Inouye and Sen. Gabbard. Next up, this bill needs to be heard and passed in a joint WAM and JDC committee hearing by April 9th. Please call Sen. Dela Cruz at 808-586-6090 and Sen. Rhoads at 808-586-6130 and ask they schedule a joint hearing for HB243.

Your remote engagement this session is crucial, especially because we cannot physically be at the Capitol to advocate on these bills. Mahalo!

All Bills Crossover Update

We started legislative session in January with an environmental bill list that was over 500 bills long! Now that we are at “crossover” deadline, there are only about 70 environmental bills still alive. Crossover is the deadline that bills pass third reading in their originating chamber in order to move (or “crossover”) to the other chamber, so House bills are sent to the Senate and Senate bills are sent to the House for further consideration.

Here is a complete update on what has happened to our top priorities throughout the 2021 session as of crossover deadline, with the bills still “alive” in bold text:

Top good bills we support:

HB431/HB544/HB597/SB230/SB292/SB474/SB503 - SEA LEVEL RISE DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area. While there were 7 similar bills introduced, only two are still alive.

  • ALIVE - HB554 - Sponsored by Rep. Tarnas + 34 other House members. Heard and passed in committee by Rep. Tarnas and Rep. Johanson. Supported unanimously in House and crossed over to the Senate. Referred to WTL, CPN.

  • ALIVE - SB474 - Sponsored by Sen. Keith-Agaran + 5 other Senators. Heard and passed in committee by Sen. Inouye, Sen. Baker, and Sen. Rhoads. Supported unanimously in Senate and crossed over to the House. Referred to WAL, CPC.

HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

  • ALIVE - HB243 - Sponsored by Rep. Tarnas + 28 other House members. Heard and passed in committee by Rep. Tarnas, Rep. Lowen, and Rep. Luke. Supported unanimously in House and crossed over to the Senate. Referred to WTL/AEN, WAM.

HB463/HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles. Of the four bills introduced, two were heard.

  • ALIVE - HB552 - Sponsored by Rep. Lowen + 19 other House members. Heard and passed in committee by Rep. Lowen, Rep. Aquino, Rep. Johanson, and Rep. Luke. Supported unanimously in House, except for Rep. Okimoto voting aye with reservations and Rep. McDermott voting no. Bill crossed over to the Senate. Referred to EET/TRS, WAM.

  • ALIVE - SB920 - Sponsored by Sen. Wakai. Heard and passed in committee by Sen. Lee, Sen. Wakai, and Sen. Dela Cruz. Supported unanimously in Senate and crossed over to the House. Referred to EEP, CPC, FIN.

SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

  • ALIVE - SB512 - Sponsored by Sen. Dela Cruz + 8 other Senators. Heard and passed in committee by Sen. Gabbard and Sen. Dela Cruz. Supported unanimously in Senate and crossed over to the House. Referred to AGR, HHH, FIN.

HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - Requires the environmental council to develop a tool to identify economic justice communities. Defines "economic justice community".

  • DEAD - HB1350 - Sponsored by Rep. Marten. Heard and passed in committee by Rep. Lowen. Not heard in committee by Rep. Nakashima and died.

SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - Establishes the environmental justice mapping task force and an advisory council to develop high-quality data relating to environmental justice concerns, identify environmental justice communities, and devise a method to correct for racist and unjust practices leading to historical and current environmental injustices.

  • DEAD - SB1277 - Sponsored by Sen. Chang. Not heard in committee by Sen. Gabbard and died.

HB696/SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Adds definitions of "biomass" and "fossil fuels", and amends the definition of "power generating facility" for purposes of environmental impact statements.

  • DEAD - HB696 - Sponsored by Rep. Eli. Not heard in committee by Rep. Lowen and died.

  • DEAD - SB889 - Sponsored by Sen. Shimabukuro + 3 other Senators. Not heard in committee by Sen. Gabbard and Sen. Wakai and died.

HB860 - SOLAR ON NEW HOMES (SUPPORT) - This bill would require new housing development projects to be constructed with rooftop solar panels.

  • DEAD - HB860 - Sponsored by Rep. Marten + 9 other House members. Heard and passed in committee by Rep. Lowen. Heard and deferred in committee by Rep. Johanson.

HB464 - STREAMS PROTECTION (SUPPORT) - Prohibits BLNR from authorizing the diversion of water from streams except under specified criteria. Deposits moneys collected via land dispositions that authorize or have the effect of authorizing the diversion of water from streams into the forest stewardship fund.

  • DEAD - HB464 - Sponsored by Rep. Kapela + 5 other House members. Not heard in committee by Rep. Tarnas and died.

Top bad bills we oppose:

HB686/SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

  • ALIVE - HB686 - Sponsored by Rep. Nakashima + 11 other House members. Heard and passed in committee by Rep. Takayama and Rep. Nakashima. Supported unanimously in House except for no votes from Rep. Eli, Rep. Ganaden, Rep. Kapela, Rep. Dale Kobayashi, and Rep Perruso. Bill crossed over to Senate. Referred to JDC.

  • DEAD - SB612 - Sponsored by Sen. Baker + 4 other Senators. Heard and deferred in committee by Sen. Rhoads.

SB1237/HB1173 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

  • ALIVE - SB1237 - Sponsored by Sen. Wakai. Heard and passed in committee by Sen. Wakai and Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Acasio, Sen. Ihara, and Sen. Taniguchi and no votes from Sen. Gabbard and Sen. Lee. Bill crossed over to House. Referred to EEP, CPC, FIN.

  • DEAD - HB1173 - Sponsored by Rep. Quinlan and Rep. Luke. Not heard in committee by Rep. Lowen and died.

 HB497 - “STREAMLINING” COUNTY DEVELOPMENTS - Prohibits the counties from requiring, as part of a county zoning ordinance or county rule, a developer with more than one residential unit to obtain the approval of any state agency unless that approval is expressly required by law.

  • ALIVE - HB497 - Sponsored by Rep. Tarnas + 16 other House members. Heard and passed in committee by Rep. Lowen and Rep. Luke. Supported unanimously in House except for no votes from Rep. Eli, Rep. Kapela, Rep. Marten, Rep. McKelvey, Rep. Perruso, and Rep. Tam. Bill crossed over to Senate. Referred to WTL, JDC/WAM.

HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

  • ALIVE - HB469 - Sponsored by Rep. Onishi + 5 other House members. Heard and passed in committee by Rep. Tarnas and Rep. Luke. Supported unanimously in House except for no votes from Rep. Eli, Rep. Kapela, Rep. Dale Kobayashi, Rep. LoPresti, Rep. Lowen, Rep. McKelvey, Rep. Perruso, Rep. Tam, and Rep. Wildberger. Bill crossed over to Senate. Referred to WTL/AEN, WAM/JDC.

  • DEAD - SB693 - Sponsored by Sen. Inouye and Sen. Dela Cruz. Heard and passed in committee by Sen. Inouye and Sen. Gabbard. Not heard in committee by Sen. Rhoads and died.

SB137/HB260 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

  • ALIVE - SB137 - Sponsored by Sen. Kanuha and Sen. Keith-Agaran. Heard and passed in committee by Sen. Inouye and Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Ihara and Sen. Moriwaki and no votes from Sen. Acasio, Sen. Fevella, Sen. Gabbard, and Sen. Riviere. Bill crossed over to House. Referred to WAL/HSG, CPC, FIN.

  • DEAD - HB260 - Sponsored by Rep. Hashimoto + 10 other House members. Heard and passed in committee by Rep. Nakamura and Rep. Tarnas. Not heard in committee by Rep. Nakashima and died.

HB499/SB257 - 99 YEAR LEASES ON PUBLIC LANDS (OPPOSE) - Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the land.

  • ALIVE - HB499 - Sponsored by Rep. Tarnas + 14 other House members. Heard and passed in committee by Rep. Tarnas, Rep. Johanson, and Rep. Luke. Supported unanimously in House except for votes with reservations from Rep. LoPresti, Rep. Marten, and Rep. Wildberger and no votes from Rep. Eli, Rep. Ganaden, Rep. Gates, Rep. Kapela, Rep. Dale Kobayashi, Rep. McKelvey, Rep. Perruso, and Rep. Tam. Bill crossed over to Senate. Referred to WTL, WAM.

  • ALIVE - SB257 - Sponsored by Se. Inouye + 3 other Senate members. Heard and passed in committee by Sen. Inouye. Not heard in committee by Sen. Rhoads, so re-referred by Sen. Kouchi to WAM Committee to stay alive. Heard and passed in committee by Sen. Dela Cruz. Supported unanimously in Senate except for votes with reservations from Sen. Keohokalole, Sen. Moriwaki, Sen. Nishihara, Sen. Rhoads, Sen. Riviere and no votes from Sen. Acasio and Sen. Fevella. Bill crossed over to House. Referred to WAL, JHA, CPC, FIN.

HB901/SB1055 - WEAKENS ENVIRONMENTAL IMPACT STATEMENTS LAW (OPPOSE) - Allows “secondary” infrastructure improvements within a highway or public right-of-way to be exempt from environmental assessment requirements.

  • DEAD - HB901 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Lowen. Heard and deferred by Rep. Nakashima.

    DEAD - SB1055 - Sponsored by Sen. Kouchi. Heard and passed in committee by Sen. Gabbard and Sen. Lee. Not heard in committee by Sen. Rhoads and died.

HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Allows the Board of Land and Natural Resources to issue long-term water licenses for the diversions of public streams via direct negotiations as an alternative to a public auction process. Learn more here.

  • DEAD - HB1015 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Tarnas and Rep. Johanson. No votes during second reading by Rep. Eli, Rep. Kapela, Rep. Perruso, and Rep. Wildberger. Heard and deferred in committee by Rep. Luke.

  • DEAD - SB1169 - Sponsored by Sen. Kouchi. Heard and passed in committee by Sen. Inouye. Not heard in committee by Sen. Rhoads and died.

HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - This bill would limit people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”.

  • DEAD - HB341 - Sponsored by Rep, Saiki. Heard and deferred in committee by Rep. Nakashima.

HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - This bill would limit public participation in agency decisions on land and water use and instead force citizens to go to court. This bad bill passed the House Water and Land Committee, but is now dead after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • DEAD - HB344 - Sponsored by Rep. Saiki. Heard and passed in committee by Rep. Tarnas. No votes during second reading by Rep. Kapela, Rep. Perruso, and Rep. Wildberger. Heard and deferred in committee by Rep. Nakashima.

HB1258 - AMENDS THE STATE WATER CODE (OPPOSE) - This bill would have opened up the State Water Code, in particular water use permits, to amendments.

  • DEAD HB1258 - Sponsored by Rep. Nakashima. Heard and deferred in committee by Rep. Tarnas.

First Decking Update

“First Decking” is on Friday, March 5th. This is the deadline when bills must emerge from all their committees and be “decked” to ensure a mandatory 48 hour final review period for legislators to read amendments made to bills before they vote on third reading. After third reading, the bills crossover to the other chamber and have to make it through another set of bill hearings. Below is an update on some of our top priorities:

Top good bills we support that are still alive:

  • HB554 and SB474 - SEA LEVEL RISE SELLER DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

  • HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

  • HB552 and SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles.

  • SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

Top bad bills we oppose that are still alive:

  • HB686- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

  • SB1237 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%. Learn more here.

  • HB469 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

  • SB137 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

  • HB497 - “STREAMLINING” COUNTY DEVELOPMENTS - Prohibits the counties from requiring, as part of a county zoning ordinance or county rule, a developer with more than one residential unit to obtain the approval of any state agency unless that approval is expressly required by law.

Another bad stream bill victory to the books—water license bills are dead!

HB1015 was heard on Tuesday, March 2 in the House Finance Committee and ultimately deferred, so the bill is dead this session.

Over 150 individuals and organizations testified in opposition with just one agency, DLNR, in support. Your advocacy made a big impact, mahalo nui!

SB1169 was never heard in its next committee so upon First Decking on Friday, March 5, this bill is also dead for this session.

This victory is bittersweet because there are some good things about the bills. We recognize that there are some situations where direct negotiations make sense for small water users like the ranchers in Kaʻu who use a very small amount of water held inside natural dikes in the mountains to water their herds, and have no impact on stream ecosystems. In addition, the House version exempted traditional taro farmers from this statute altogether on the recognition that sustainable, non-consumptive uses like this practiced by Native Hawaiians since time immemorial need not be subject to the same strenuous review as consumptive, commercial diversions.  

But still get chance! 

The Waiʻoli Taro Hui, the famous, centuries-old taro farming community that suffered tremendous losses due to the massive floods on Kauaʻi in 2018, are pursuing an alternative route to direct negotiation already in the statute. They need this to rebuild their traditional ʻauwai. This approach requires approval of the Legislature, and the Governor, as well as several substantive assessments before they are allowed to negotiate. It’s a big deal. 

You can support the Waiʻoli Taro Hui as they bounce back better from the floods by telling your senator and representative that you support  SR 11 and SCR 22. Stay tuned, we will let you know about the next opportunity to support these measures.

It is possible, but maybe not likely, that a gut and replace could happen that would bring any or all aspects of HB1015/SB1169 back to the table. We are watching related bills closely for any funny business. If it were to happen, we’d let you know ASAP.

HB1015/SB1169 were not as bad as similar bills we’ve seen in the past, we (BLNR, diverters, water protectors) have been looking at addressing the water license issue for years now. This same issue will be back next year and it is possible that the next bill will be more protective of our stream systems and incorporate the amendments that we’ve been pushing for. All is not lost and there is a glimmer of hope that progress will be made moving forward! 


What these bill do

HB1015 and its companion SB1169 change the way the Board of Land and Natural Resources gives out licenses to divert water from streams on public lands. As it is right now, the Board of Land and Natural Resources undergoes a public auction process that has not been entirely successful in issuing licenses or protecting our streams, which has led to a) making the licensing process too difficult for small farmers and b) to the exploitation of our streams through the Board’s entrenched practice of issuing temporary permits, year after year to large water diverters like A&B… and now Mahi Pono and KIUC (the electric company on Kauaʻi).

HB1015/SB1169 would allow the Land Board to negotiate directly with diverters for water leases instead of going through a public auction. However, as these bills are written right now, they help the wrong people. Therefore, we currently oppose these two bills.

For far too long, the Board of Land and Natural Resources has basically handed out access to public water to large corporations for pennies and allowed them to drain many streams dry—to the detriment of the native ecosystem and communities that rely on them. These bills could enable this exploitation further, potentially leading to secret backroom deals for large, wealthy diverters to get away with unjust licenses that lack public transparency and have little protections for the streams they are diverting.

There is an opportunity here to make things right and limit direct negotiations to small users (like traditional kalo farmers in Wai‘oli Valley on Kaua‘i and ranchers in Ka‘u) but keep large-scale diverters in public auction. This allows small users with a commitment to the ʻāina but limited resources to skip the public auction process and directly negotiate for their licenses.


What we want to see in these bills

Direct negotiations should be allowed for, and only for, small users and users practicing traditional and customary rights. The public auction process should remain in place for large diverters. For both direct negotiations and public auction, we must ensure transparency and an opportunity for public engagement in the decision-making process. 

No leases should last more than 10 years, especially given the uncertainty of climate change. Currently the water lease statute does not provide any time limit on water leases. The current bills propose water leases for 30 years but we’d like to see that cut to 10. A 65-year lease, which is what KIUC is proposing in their testimony, is an absolute no-go for us.

The addition of common sense solutions to better monitor and protect streams. Changing the process for leases provides the perfect opportunity to address historical harms and ongoing concerns of diverting our public trust resources. This means the bill should require: 

  1. No licenses should allow streams to be run dry. Licenses should include protections so that no more than half of a stream’s flow can be diverted. This is the minimum amount of water that native species need to grow and reproduce.

  2. The Board to implement monitoring protocols to know exactly how much water flows in the stream on a daily basis before being diverted.

  3. The diverters specify exactly how much water they plan to divert so the appraisal process of the negotiations can evaluate whether or not this amount is damaging to the native stream ecosystem. 

  4. The diverter to measure how much water it is taking each day. 

  5. The Board to study the impacts of the proposed diversions to ensure they do not undermine the ecological, cultural, recreational, and aesthetic values of the stream or the downstream users. 

  6. A fair price for the use of the public’s water. BLNR has long abused “fair market value” to give away rich public trust resources to big corporations for pennies on the gallon, while the permit-holders make amazing profits from that water. 

  7. An exemption for traditional and customary practices, especially taro farmers. Small water diverters who put water back into streams do not have the same negative impact as larger water diverters, so it makes sense to exempt these uses and focus the government’s attention on the large diverters causing the greatest harm.


Who’s been in the room

Obviously, the Department of Land and Natural Resources is the main agency driver behind this bill as it impacts their duties and processes. 

The not-so-secret-elephant in the room? Kauaʻi Island Utility Cooperative (KIUC). KIUC is currently working to develop a huge new hydropower plant in West Kauaʻi while also trying to obtain a lease to divert water for its antiquated Waiahi hydro plant in East Kauaʻi. They are adamantly opposed to this bill because they are bulldozing their way through to see 65-year leases (not 10, not even 30 years) to the streams they want to divert. 

The missing giant? Alexander & Baldwin/Mahi Pono. A&B/Mahi Pono are currently working with the Department of Land and Natural Resources to secure a lease to divert East Maui streams for their Central Maui lands. They haven’t publicly been around on these bills so far this year but have been extremely involved in the past. Remember that promise to deliver 30 MGD for 8 years that is $62 million dollars? That is still on the table. Hard to believe they don’t care enough about the new processes to be around… right?

The Hawaiʻi Farm Bureau has also been present, as direct negotiations can help their small ranchers and farmers obtain leases to the water they need.

Standing up for the streams and traditional and customary practices, we see the Office of Hawaiian Affairs, Earthjustice, Native Hawaiian Legal Corps, and Waiʻoli Valley Taro Hui.

First Lateral Update

Today is February 19th, also known as “First Lateral.” This means that by today, all bills that have been referred to multiple committees must move to their final committee in their originating chamber to stay alive. Below is an update on some of our priorities:

Top good bills we support that are still alive:

  • HB554/SB474 - SEA LEVEL RISE SELLER DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

    • HB554 needs a hearing in CPC Committee by Fri. 3/5.

    • SB474 needs a hearing in CPN/JDC Committees by Fri. 3/5.

  • HB243 - SEA LEVEL RISE PLANNING (SUPPORT) - Requires all state agencies to identify infrastructure susceptible to sea level rise hazards, assess mitigation options, identify department point of contacts for statewide sea level rise coordination, and submit reports.

    • HB243 needs a hearing in FIN Committee by Fri. 3/5.

  • HB552/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Sets statewide goals for state and county public vehicle fleets to transition to clean transportation vehicles.

    • HB552 needs a hearing in FIN Committee by Fri. 3/5.

    • SB920 needs a hearing in WAM Committee by Fri. 3/5.

  • SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

    • SB512 has made it through the Senate and no action is needed until it crosses over to the House.

Top bad bills we oppose that are still alive:

  • HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Allows the Board of Land and Natural Resources to issue long-term water licenses for the diversions of public streams via direct negotiations as an alternative to a public auction process. Learn more here.

    • HB1015 needs a hearing in FIN Committee by Fri. 3/5.

    • SB1169 needs a hearing in JDC Committee by Fri. 3/5.

  • HB686- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a Class C Felony to protest at energy infrastructure sites.

    • HB686 has made it through the House and we will need to stop it after it crosses over to the Senate.

  • SB1237 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the renewable energy technologies income tax credit by 50%.

    • SB1237 needs a hearing in WAM Committee by Fri. 3/5.

  • HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

    • HB469 needs a hearing in FIN Committee by Fri. 3/5.

    • SB693 needs a hearing in JDC Committee by Fri. 3/5.

  • SB137 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

    • SB137 needs a hearing in WAM Committee by Fri. 3/5.

  • HB901/SB1055 - WEAKENS ENVIRONMENTAL IMPACT STATEMENTS LAW (OPPOSE) - Allows “secondary” infrastructure improvements within a highway or public right-of-way to be exempt from environmental assessment requirements.

    • HB901 needs a hearing in JHA Committee by Fri. 3/5.

    • SB1055 needs a hearing in JDC Committee by Fri. 3/5.

Thankfully, we no longer have to worry about these controversial or bad bills that are now dead for this session:

  • SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a class C felony to protest at energy infrastructure sites. It was successfully deferred in the Senate Judiciary Committee.

  • HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - This bill would limit people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”. This bad bill is dead, after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - This bill would limit public participation in agency decisions on land and water use and instead force citizens to go to court. This bad bill passed the House Water and Land Committee, but is now dead after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • HB1173 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the cap amounts of the renewable energy technologies income tax credit. The House bill was not scheduled for a hearing in the Energy and Environmental Protection Committee. However, the Senate companion bill is still alive.

  • HB1258 - AMENDS THE STATE WATER CODE (OPPOSE) - This bill would have opened up the State Water Code, in particular water use permits, to amendments. This bill was heard and deferred in the House Water and Land Committee.

  • HB260 - WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing. This bill was not heard in the House Judiciary and Hawaiian Affairs Committee.

  • HB1319/SB546 - CARBON TAXES (COMMENTS) - These bills propose to amend Hawai‘i’s existing barrel or gas tax and gradually increase it to become a tax on carbon emissions. HB1319 was passed in the House Energy and Environmental Protection Committee but deferred in the Consumer Protection and Commerce Committee. The Senate companion bill SB546 was not scheduled for a hearing.

  • HB1143 - FIX THE RPS AND ESTABLISH RENEWABLE PORTFOLIO STANDARDS FOR GAS (COMMENTS) - This bill would fix language that overestimates Hawai‘i’s progress to 100% clean energy as well as establish a goal for “renewable natural gas.” This bill was passed in the House Energy and Environmental Protection Committee but not heard in the Consumer Protection and Commerce Committee.

  • SB942 - SOLAR ON B AND C-RATED AGRICULTURAL LANDS (WATCHING) - The Public Utilities Commission shall not approve a solar energy facility on B or C rated agricultural lands without a letter of approval from the Dept. of Agriculture. This bill was not scheduled for a hearing.

  • HB284/SB796 - WAIKIKI EXEMPTION TO COASTAL MANAGEMENT LAWS (WATCHING) - Exempts Waikiki from certain coastal zone management policies relating to beach protection and seawalls. Both the House and Senate bills were not scheduled for a hearing.

Unfortunately, these good bills are dead for this session:

  • HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - Requires the environmental council to develop a tool to identify economic justice communities. Defines "economic justice community". This bill was not heard by the House Judiciary and Hawaiian Affairs Committee.

  • SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - Establishes the environmental justice mapping task force and an advisory council to develop high-quality data relating to environmental justice concerns, identify environmental justice communities, and devise a method to correct for racist and unjust practices leading to historical and current environmental injustices. This bill was not heard by the Senate Agriculture and Environment Committee.

  • HB696/SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Adds definitions of "biomass" and "fossil fuels", and amends the definition of "power generating facility" for purposes of environmental impact statements. Neither the House or Senate bill were scheduled for a hearing and died.

  • HB860 - SOLAR ON NEW HOMES (SUPPORT) - This bill would require new housing development projects to be constructed with rooftop solar panels. This bill was passed out of the House Energy and Environmental Protection Committee, but deferred in the Consumer Protection and Commerce Committee.

  • HB464 - STREAMS PROTECTION (SUPPORT) - Prohibits BLNR from authorizing the diversion of water from streams except under specified criteria. Deposits moneys collected via land dispositions that authorize or have the effect of authorizing the diversion of water from streams into the forest stewardship fund. This bill was not heard in the House Water and Land Committee.

OPPOSE HB1258 and HB686

Take action to OPPOSE HB686 and HB1258— 2 bad bills that both have hearings on Tuesday, Feb. 16th.

Bad Bill #1- OPPOSE HB686- Anti-protester bill

HB686 is a bill introduced by the Hawaiian Electric Company to turn criminal trespass at “critical electricity infrastructure” (aka ANY facility used to support the generation, transmission, or distribution of electricity) into a Class C Felony.

Although HECO says it introduced this bill to better deter crime, this bill would criminalize peaceful protesters. In fact, HB686 is modeled after similar anti-protester bills being introduced across the U.S. on behalf of the fossil fuel industry (read all about it here).

Instead of trying to work with communities who have concerns over the power plants located in their neighborhood—or wind turbines that are being put up next to their homes and school—the Hawaiian Electric Company is pushing this bill to prosecute protesters as felons. To put this into perspective, the maximum prison sentence for a Class C Felony is 5 years per each offense convicted and up to a $10,000 fine for the first offense.

This bill has a hearing in the House Judiciary and Hawaiian Affairs Committee on Tuesday, Feb. 16th at 2 PM (see agenda here). Please OPPOSE HB686 by logging into your Capitol account and submitting testimony before the hearing on Tuesday, Feb. 16th @ 2 PM (instructions on how to testify here). Then, call the Committee Chair Rep. Nakashima at 808-586-6684 and leave his office a voicemail asking he defer this bill.

Bad Bill #2- OPPOSE HB1258- Sneaky Water Code bill

Don’t be fooled by a title that says “Relating to Hawaiian Home Lands”, because HB1258 has nothing to do with that. Instead, this deceptive bill would completely open up the state’s water code…without any reason or explanation. We oppose this bill.

The State Water Code manages all fresh water resources in Hawai‘i. It declares all water in Hawai‘i a public trust, includes strong protections for our water resources and ecosystems, and mandates the protection of traditional and customary rights for Hawaiians. The State Water Code is an important tool to also regulate water use permits.

So why are our legislators hearing this super sneaky bill to unnecessarily amend the state water code? Tell them DO NOT touch the state water code, especially during an all-remote legislative session where the Capitol is closed to the public.

This bill has a hearing in the House Water and Land Committee on Tuesday, Feb. 16th at 8:30 AM (see agenda here). Please OPPOSE HB1258 by logging into your Capitol account and submitting testimony before the hearing on Tuesday, Feb. 16 (instructions on how to testify here). Then, call the Committee Chair Rep. Tarnas at 808-586-8510 and leave his office a voicemail asking he defer this bill.

Your testimony this session is crucial, especially because we can’t physically mobilize in opposition to these bills. Please take action today against HB686 and HB1258. Mahalo!

Help get HB1350 heard in its next committee! Call before Tuesday 2/16

HB1350 will create a data mapping tool that surveys local environmental justice conditions to inform policy. The Office of Planning, University of Hawai‘i, Department of Land and Natural Resources, and other stakeholders will lead in developing it. The bill includes a list of specific factors relating to community demographics, pollution burdens, and proximity to hazardous sites that would be evaluated and updated at least every 3 years. The bill also includes public outreach on how to use the mapping tool and appropriates funding to make the tool a reality. 

HB1350 was heard in its first committee (EEP) on Tues, Feb 9 where it was passed unanimously. One amendment was made to move the appropriation from OEQC to the Office of Planning to develop the mapping tool. 


Take action today!

We need your help getting HB1350, the environmental mapping tool bill, heard in its next committee! Taking action only takes a minute—please call and email Rep. Nakashima (Chair of Judiciary and Hawaiian Affairs) and ask him to hear HB1350!

Please call and email his office between now and Tuesday, even if it is over the weekend. When you call, if they do not answer, be sure to leave a message so when they are back in the office they hear from you!

Rep. Nakashima: 808-586-6680; repnakashima@capitol.hawaii.gov

Aloha Chair Nakashima, my name is _____ and I’m a resident of ______. Please schedule to hear and pass HB1350 in your Committee on Judiciary and Hawaiian Affairs by Thursday, February 18. This bill would establish an environmental justice mapping tool that will help our state integrate social justice and environmental concerns into decision making processes. This is an important step towards a truly just and sustainable future for our islands. Thank you! 


Why this bill is important

Data informs policy. A community informed environmental justice mapping tool is critical to a policy development that is just and equitable. 

For decades, environmental racism has plagued communities rural, low-income, Hawaiian, and communities of color. What if we had a mapping tool guided by the concerns of community members? Assessing not only the concentration of hazardous dirty energy, but also the concentration of land, streams, and residents impacted by utility scale energy projects. To usher in a just and equitable transition towards a clean energy economy, leadership must come from communities on the frontlines of environmental disruption at its core. 

Restorative work must be done at the ground level, and frontline communities know that solving one problem while creating another is no solution at all. 

Can one mapping tool do all that? Absolutely. Equipping community members, advocates, and decision-makers with the right tools, strategically makes for stronger institutional change. We are advocating for HB1350 to include frontline community members as representatives of environmental justice communities, and EJ advocates with expertise to be consulted for input. Our goal is to push for a bill that creates a “community-led advisory council” to help develop this critical engagement and outreached framework, not after it’s made. 

For too long, policy has ignored and turned a blind eye to the injustices faced by communities. Seeing is believing. 

Bill Updates at Triple Referral

Today is February 11th, also known as “Triple Referral Filing.” This means that bills that have been referred to three or more committees must have been heard and successfully passed out of their first committee by this date to stay alive. Below is an update on some of our priorities:

Top good bills we support that are still alive:

  • HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - This bill would create a mapping tool to identify environmental justice communities throughout Hawai‘i.

  • SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - This bill would create an environmental justice mapping task force and an advisory council to develop an environmental justice mapping tool for Hawai‘i.

  • HB860 - SOLAR ON NEW HOMES (SUPPORT) - This bill would require new housing development projects to be constructed with rooftop solar panels.

  • HB544/SB474 - SEA LEVEL RISE SELLER DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

  • HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Various bills have been introduced to set statewide goals relating to clean transportation for private vehicles and/or public fleets.

  • SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD PURCHASES (SUPPORT) - Expands the Supplemental Nutrition Assistance Program’s “Double Up Food Bucks” initiative to incentivize the purchase of local produce and proteins for low-income beneficiaries.

  • SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Requires biomass (dirty energy) projects to be subject to Environmental Impact Statements.

Top bad bills we oppose that are still alive:

  • HB686- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a class C felony to protest at energy infrastructure sites.

  • HB1173/SB1237 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the cap amounts of the renewable energy technologies income tax credit.

  • HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023.

  • HB260/SB137 WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing.

Top bills we provided ”comments” or are just “watching”, that are still alive:

  • HB1319/SB546 - ESTABLISHES A CARBON TAX (COMMENTS) - These bills propose to amend Hawai‘i’s existing barrel or gas tax and gradually increase it to become a tax on carbon emissions.

  • HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Clarifies the conditions and manner in which the Board of Land and Natural Resources may dispose water (like stream water) by license.

  • SB942 - SOLAR ON B AND C-RATED AGRICULTURAL LANDS (WATCHING) - The Public Utilities Commission shall not approve a solar energy facility on B or C rated agricultural lands without a letter of approval from the Dept. of Agriculture.

  • HB284/SB796 - WAIKIKI EXEMPTION TO COASTAL MANAGEMENT LAWS (WATCHING) - Exempts Waikiki from certain coastal zone management policies relating to beach protection and seawalls.

Thankfully, we no longer have to worry about these bad bills that are now dead for this session:

  • SB612- ANTI-PROTESTER BILL (OPPOSE) - This bill would make it a class C felony to protest at energy infrastructure sites. It was successfully deferred in the Senate Judiciary Committee.

  • HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - This bill would limit people’s power to hold agencies accountable after they make decisions known as “declaratory rulings”. This bad bill is dead, after being deferred in the House Judiciary and Hawaiian Affairs Committee.

  • HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - This bill would limit public participation in agency decisions on land and water use and instead force citizens to go to court. This bad bill passed the House Water and Land Committee, but is now dead after being deferred in the House Judiciary and Hawaiian Affairs Committee.

Priorities for 2021

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills during the 2021 legislative session and will be testifying on dozens of important bills. Below are some of our top highlights —

Democracy & Justice:

  • HB341 - DECLARATORY RULINGS CANNOT BE APPEALED (OPPOSE) - Prohibits agencies from accepting petitions for declaratory rulings on issues or questions for which a decision was already issued by another agency that has sole or shared jurisdiction with the agency receiving the petition and provides that agency orders under the State’s administrative procedure law relating to declaratory rulings are final and not appealable. JHA, FIN.

  • HB344 - ELIMINATES CONTESTED CASE HEARINGS (OPPOSE) - Provides that the Board of Land and Natural Resources and Commission on Water Resource Management shall not conduct contested case hearings, and counties shall not conduct contested case hearings regarding disputes over land use, but that decisions and disputes may be contested and adjudicated in circuit court. WAL, JHA, FIN.

  • HB686/SB612- ANTI-PROTESTER BILL (OPPOSE) - Establishes the offense of criminal trespass on critical electrical infrastructure and makes it a class C felony. House: HET, JHA. Senate: JDC.

  • HB1350 - ENVIRONMENTAL JUSTICE MAPPING (SUPPORT) - Requires the environmental council to develop a tool to identify economic justice communities. Defines "economic justice community". Appropriates moneys. EEP, JHA, FIN.

  • SB1277 - ENVIRONMENTAL JUSTICE MAPPING AND TASK FORCE (SUPPORT) - Establishes the environmental justice mapping task force and an advisory council to develop high-quality data relating to environmental justice concerns, identify environmental justice communities, and devise a method to correct for racist and unjust practices leading to historical and current environmental injustices. AEN, JDC.

Energy:

  • HB860 - SOLAR ON NEW HOMES (SUPPORT) - Beginning 1/1/2022, prohibits the issuance of building permits for new single-family dwellings that are part of a development of twenty or more dwellings and do not include a rooftop photovoltaic energy generating system, unless a variance is granted. EEP, CPC, FIN.

  • HB696/SB889 - EIS REQUIREMENT FOR BIOMASS PROJECTS (SUPPORT) - Adds definitions of "biomass" and "fossil fuels", and amends the definition of "power generating facility" for purposes of environmental impact statements. House: EEP, JHA, FIN. Senate: AEN/EET, JDC/WAM.

  • HB1173/SB1237 - CUTS THE SOLAR TAX CREDIT (OPPOSE) - Reduces the cap amounts of the renewable energy technologies income tax credit. House: EEP, FIN. Senate: EET, WAM.

  • HB460/HB1319/SB546 - CARBON TAXES (WATCHING) - Various bills have been introduced. Read the Sierra Club’s carbon pricing guidance here.

Food & Agriculture:

  • SB512 - EXPANDS SNAP DOUBLE BUCKS FOR LOCAL FOOD (SUPPORT) - Removes the $10 per visit per day cap on the dollar-for-dollar match received by Supplemental Nutrition Assistance Program beneficiaries under the Hawaii Healthy Food Incentive Program, also known as the Double Up Food Bucks Program. Specifies that healthy proteins are eligible purchases under the program. Makes an appropriation to the department of agriculture to expand funding for the program. AEN, WAM.

  • SB942 - SOLAR ON B AND C-RATED AGRICULTURAL LANDS (WATCHING) - The Public Utilities Commission shall not approve a solar energy facility on B or C rated agricultural lands without a letter of attestation from the Dept. of Agriculture. Clarifies the conditions in which a solar energy facility can operate on class B or C lands. AEN/EET, CPN.

Land Use:

  • HB260/SB137 WEAKENS THE STATE LAND USE COMMISSION’S AUTHORITY (OPPOSE) - Authorizes county land use decision-making authorities to amend district boundaries and reclassify agricultural lands to the urban district for the development of “affordable” housing. House: HSG/WAL, Senate: WTL, WAM.

Sea Level Rise:

  • HB431/HB544/HB597/SB230/SB292/SB474/SB503 - SEA LEVEL RISE SELLER DISCLOSURE (SUPPORT) - Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.

  • HB596/SB473 - SEA LEVEL RISE PURCHASER DISCLOSURE (SUPPORT) - Requires a vulnerable coastal property purchaser statement to be executed by the purchaser with the sale or transfer of vulnerable coastal real estate. Requires filing of statement with Bureau of Conveyances. House: WAL, CPC. Senate: WTL, CPN/JDC.

  • HB284/SB796 - WAIKIKI EXEMPTION TO COASTAL MANAGEMENT LAWS (WATCHING) - Exempts Waikiki from certain coastal zone management program policies relating to beach protection. House: WAL, FIN. Senate: AEN/WTL, WAM.

Transportation:

  • HB463/HB552/SB500/SB920 - ESTABLISHES 100% CLEAN GROUND TRANSPORTATION GOALS (SUPPORT) - Various bills have been introduced to set statewide goals relating to clean transportation for private vehicles and/or public fleets.

Watershed Protection:

  • HB464 - STREAMS PROTECTION (SUPPORT) - Prohibits BLNR from authorizing the diversion of water from streams except under specified criteria. Deposits moneys collected via land dispositions that authorize or have the effect of authorizing the diversion of water from streams into the forest stewardship fund. WAL, JHA, FIN.

  • HB469/SB693 - TRANSFERS 93,000 ACRES OF WATERSHED “PASTURELANDS” FROM DLNR TO DOA (OPPOSE) - Requires that agricultural lands under the jurisdiction of the department of land and natural resources be transferred to the department of agriculture not later than 12/31/2023. House: WAL, FIN. Senate: WTL/AEN, JDC.

  • HB1015/SB1169 - ALLOWS DIRECT NEGOTIATION OF WATER LICENSES (COMMENTS) - Clarifies the conditions and manner in which the Board of Land and Natural Resources may dispose water by license. House: WAL, CPC, FIN. Senate: WTL, JDC.

If you would like to have your voice heard on these 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.

Oppose SB 1237

This Friday 2/5 at 3 PM, the Senate Committee on Energy, Economic Development, and Tourism (EET) is hearing SB 1237. We OPPOSE SB 1237, because it would cut Hawai‘i’s solar income tax credit by 50%. This makes rooftop solar and solar hot water heater systems more unaffordable for our residents, and decimates our local solar industry at a time where we need to save jobs, diversify our economy, and address the climate crisis.

Please submit written testimony in OPPOSITION TO SB1237 before Friday 2/5 @ 3 PM. Testimony must be submitted via your account at www.capitol.hawaii.gov

SAMPLE TESTIMONY:

Aloha Senator Wakai and committee members of EET,

I am writing to you today to express my opposition to SB1237 and am asking that you defer this bill.

As written, SB1237 cuts the solar tax credit dollar cap in half for all solar projects retroactive to January 1st, 2021. That includes community solar projects, affordable housing projects, and everyday folks who are choosing to control their own energy costs right now.

This approach is blunt force trauma to an economic engine at a time when we need to be stitching our economy back together with proven investments. The rooftop solar industry currently makes up over 50% of the State’s progress towards its renewable energy goals. Solar employs thousands of local workers in diverse positions and pays them well. Solar projects drive bill reduction for all ratepayers – rooftop solar and energy efficiency like solar hot water have reduced all ratepayer electric bills by over 20% since 2012.

Hawaii has an opportunity to lead the fight against climate change. Short sighted bills like SB1237 move us in the opposite direction, make us less resilient, and more reliant on imported, expensive, and dirty fossil fuels.

Continuing to lead and working together to build a better Hawaii is what will pull us out of our current pandemic. Please defer SB1237

Mahalo,

{YOUR NAME}

OTHER TALKING POINTS:

  • SB1237 retroactively halves the dollar value cap for all solar projects. Customers who purchase a system (or have already purchased a system) in 2021 are screwed.

  • HECO's own models demonstrate that every rooftop is needed to reach Hawaii's 100% renewable goal. This bill challenges Hawaii's clean energy future and continues our reliance on dirty fossil fuels.

  • The average residential bill in Hawaii has dropped by 20% because of rooftop solar and energy efficiency. This is an incredible Hawaii-grown success story. Arbitrarily lowering the tax credit now assures further hardship on those who need rate relief the most.

  • The solar industry has been a main driver keeping Hawaii's economy going throughout the COVID pandemic. We employ thousands of local workers in diverse, good paying jobs. Over 70% of the solar industry is locally owned and operated - passing this bill would be devastating to the economic engine keeping Hawaii's economy afloat.

  • Multiple studies have shown that the solar tax credit is a net positive investment. For every credit dollar issued the State gets back 2 - 2.5 times its investment. Rather than pull back, the State should show alignment with Federal policy to further invest in combating climate change and stimulate the economy through proven investments.

Please log in to your account at www.capitol.hawaii.gov and submit testimony in opposition to SB 1237. Thank you!

*Reposted Action Alert, courtesy of the Hawai‘i Solar Energy Association*

Support these Good Food and Agriculture Bills!

*Reposted Action Alert courtesy of Hawai‘i Alliance for Progressive Action (HAPA), shared with permission.

Support these Good Food and Agriculture Bills on Friday Feb. 5, 1pm in the Senate Agriculture Committee.

SB 337 Cover Crop Incentives, Testify Here by 1pm Thursday

Establishes a cover crop reimbursement pilot program to provide up to one hundred per cent cost reimbursement to farming operations in the State for acquiring cover crop seeds or green manure. Establishes a cover crop reimbursement pilot program manager position within the Department of Agriculture to administer the program. Requires a report to the Legislature.

  • Supports sustainable farming practices.

  • Cover crops conserve soil and water and prevent runoff impacting nearshore reefs and fisheries.

  • Cover crops build organic matter and improve soil health and nutrients.

  • Reduces the need for synthetic fertilizers, saves farmers money in inputs.

  • This kind of cover crop reimbursement program has been successfully implemented in other states.

SB 338 Food Hub Pilot Program, Testify Here by 1pm Thursday

Requires the Department of Agriculture to establish a five-year food hub pilot program to increase access to local food. Provides for the award of grant funding to qualified applicants wishing to establish or expand a food hub.

  • Food hubs provide necessary aggregation of produce from small local farmers to help bring produce to market.

  • Food hubs promote local production of culturally appropriate, nutritious foods

  • Will promote local jobs

  • Local aggregation helps to decrease in carbon emissions related to shipping

  • Would help to relieve pressure in emergency situations, such as the recent overwhelming conditions in stores and on supply systems during the COVID-19 pandemic

  • Will provide greater food system equity, taking better care of those living in “food desserts”

SB512 SNAP Incentives, Testify Here by 1pm Thursday

Removes the $10 per visit per day cap on the dollar-for-dollar match received by Supplemental Nutrition Assistance Program beneficiaries under the Hawaii Healthy Food Incentive Program, also known as the Double Up Food Bucks Program. Specifies that healthy proteins are eligible purchases under the program.

Check out this great article about DA BUX in Civil Beat which highlights the following benefits of the program.

“Even before the pandemic upended so much in the islands, DA BUX was succeeding. Now more than ever, it is changing lives for the better in four very tangible and important ways:

  • It’s putting more food on the tables of local families in need.

  • It’s providing incentives that encourage people to buy locally grown and produced food.

  • It’s strengthening the local economy by keeping more dollars in the Islands.

  • It’s improving local health by providing incentives to eat fresher, unprocessed foods.

DA BUX is a program that works — and that should be expanded.”


How to Testify:

You will need to create an account on the Capitol website.

See the link to register in the upper right corner of the homepage.

  • Remember to include your name, where you live and personalize the testimony about.

  • Why this issue matters to you.

  • You can also testify virtually by selecting this option while submitting your testimony at the State Capitol Portal. To get the virtual link and participate in the hearing on Monday you will need to select the option that says “Remotely via Zoom during the hearing & written testimony when asked “How will you be testifying?”

Thank you for taking action!

Remote Testimony Procedures

The 2021 legislative session will run from January 20 to April 29. Due to the COVID-19 pandemic, the State Capitol building is closed and in-person attendance at Senate and House committee hearings is suspended.

The 2021 session will feature live-streamed hearings on Youtube, verbal testimony given via Zoom video conference, and written testimony submitted only through registered accounts at the Hawai‘i Capitol website.

Mahalo to the Senate and House Leaders and Capitol staff for enabling safe, remote, and democratic public participation in the legislative process—despite all the challenging circumstances.

Read the full testimony procedures guidance document here.

Register on the Hawai‘i Capitol 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.

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.