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

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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."⁠

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

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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.

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

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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. 

Support these Good Food and Agriculture Bills!

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*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

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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

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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.