Red Hill House bill scheduled for last hearing!

March 31 update:

HB2514 HD1 SD1 passed w no amendments & SB2600 SD2 HD1 passed w/ amendments: to take BWS suggestion to clarify UIC.

March 29 update:

The one surviving #shutdownredhill House bill,  HB2514 HD1 SD1, has been scheduled for its final standing committee hearing on Thursday, March 31, at 9:30 a.m., before the Senate Judiciary Committee.  This bill would prohibit the operation of any underground storage tank with a capacity greater than 100,000 gallons after July 1, 2023. 

 This will be our last chance to submit testimony on this potentially historic measure (note: SB2600 SD2 HD1 is also still alive, and will need a hearing by next week)!  Please see below for sample testimony.

 Even though the Pentagon has ordered the Red Hill Facility to be shut down, we are still in harm’s way, the Navy still has not withdrawn its legal appeals and permit application, and we have been given no concrete commitments regarding when the facility will actually be defueled and decommissioned.  If passed, this bill will make clear that we will not tolerate the Navy’s continued foot-dragging, and that we will not allow this facility or others like it to be operated in Hawai‘i even if the Pentagon does decide to change its mind.

Please take a moment to submit written testimony (no verbal testimony will be taken for this hearing). Instructions and sample testimony below. Please feel free to add your own thoughts about why we need to protect our water resources, how you may have been impacted, etc.  

 What this bill does: HB2514 HD1 SD1 would prohibit the operation of an underground storage tank with a capacity greater than 100,000 gallons after July 1, 2023.

Why it is important: This bill makes clear that continued foot-dragging and delays will do the Navy no good: the Red Hill Fuel Facility will need to be defueled and shut down under state law, and we will never allow dangerously massive facilities like this to threaten our islands again.

 

Sample testimony:

 Dear Chair Rhoads, Vice Chair Keohokalole, and members of the Senate Judiciary Committee,

I SUPPORT HB2514 HD1 SD1, which seeks to protect our islands' most precious resource from potentially catastrophic contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.  

 While the Pentagon has agreed that Red Hill must be shut down, our water is still in harm’s way, the Navy still refuses to withdraw its legal fight against the emergency order to defuel the Red Hill Facility, and we must therefore continue to make clear that we will never allow the Red Hill facility or anything like it to threaten our islands’ most precious resource ever again.

Accordingly, I respectfully urge your Committee to PASS HB2514 HD1 SD1.

[Your name]

Testimony instructions: 

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "HB2514" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony (no verbal testimony will be taken). 

  5. Don’t forget to let your friends know you testified, and ask them to testify as well!  

March 21 update:

The House Red Hill bills are moving in the Senate! HB2514 HD1 and HB2274 HD2 have been scheduled for a hearing before the Senate Health and Agriculture and Environment Committees on Wednesday at 1:00 p.m.  With amendments, these bills will protect our drinking water aquifers from Red Hill, and make clear that we will not back down until our water is actually out of harm’s way, and never threatened by this facility or another like it ever again.

HB2514 HD1:  This bill would prohibit the operation of any underground storage tank with a capacity greater than 100,000 gallons, after an unspecified date.  Testimony is needed to amend this bill to specify this date as July 1, 2022.

HB2274 HD2:  This bill is similar to SB2600 SD2, which passed out of the Senate and was just heard and passed with amendments by the House Health, Human Services, & Homelessness and Energy & Environmental Protection Committees.  This measure seeks to prohibit the operation of large-capacity underground storage tanks above our drinking water aquifers after January 1, 2045.  This date needs to be amended to be as soon as possible, i.e. by July 1, 2022.

See below for sample testimony.

Even though the Pentagon has ordered the Red Hill Facility to be shut down, the Navy still has not withdrawn its legal appeals and permit application, continues to refuse to share its investigative reports and documents with the public, and has given no concrete indication of where and how it might seek to store fuel in the future.  Either of these bills will let the Navy know that we will not let up until their decrepit facility is actually defueled and that we are refusing to repeat the mistakes of the past, in allowing inherently dangerous facilities like Red Hill to ever be operated near our precious water resources. 

Please take a moment to submit written testimony and if you can, sign up to provide remote or in-person verbal testimony. Instructions and sample testimony below. Please feel free to add your own thoughts about why we need to protect our water resources, how you may have been impacted, etc.  

What these bill do: HB2514 HD1 would prohibit the operation of an underground storage tank with a capacity greater than 100,000 gallons after an unspecified date; HB2274 HD2 would prohibit the issuance of permits to for new large-capacity underground storage tank systems above our drinking water aquifers after July 1, 2022, and prohibit the operation of these systems above our drinking water aquifers beginning January 1, 2045.

Why it is important: These bills would make clear that Red Hill needs to be defueled and shut down and that nothing like this can ever be allowed to happen again—like the Navy’s previous proposal, as an alternative to Red Hill, to build new “safer” underground storage tanks still above the drinking water aquifer.

 

Sample testimony:

For HB2514 HD1: 

Dear Chair Keohokalole, Chair Gabbard, Vice Chair Baker, Vice Chair Nishihara, and members of the Senate Health and Agriculture and Environment Committees,

I SUPPORT WITH AMENDMENTS HB2514 HD1, which seeks to protect our islands' most precious resource from potentially catastrophic contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.  

While the Pentagon has agreed that Red Hill must be shut down, our water is still in harm’s way, the Navy still refuses to withdraw its legal fight against the emergency order to defuel the Red Hill Facility, and we must therefore continue to make clear that we will never allow the Red Hill facility or anything like it to threaten our islands’ most precious resource ever again.

To ensure that our water is protected in as timely a manner as possible, please amend HB2514 HD2 to specify that the operation of large-capacity underground storage tanks be prohibited as of July 1, 2022. 

Accordingly, I respectfully urge your Committees to PASS WITH AMENDMENTS HB2514 HD1.

[Your name]

For HB2274 HD2: 

Dear Chair Keohokalole, Chair Gabbard, Vice Chair Baker, Vice Chair Nishihara, and members of the Senate Health and Agriculture and Environment Committees,

I SUPPORT WITH AMENDMENTS HB2274 HD2, which seeks to protect our islands' most precious resource from potentially catastrophic contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.  

While the Pentagon has agreed that Red Hill must be shut down, our water is still in harm’s way, the Navy still refuses to withdraw its legal fight against the emergency order to defuel the Red Hill Facility, and we must therefore continue to make clear that we will never allow the Red Hill facility or anything like it to threaten our islands’ most precious resource ever again.

To ensure that our water is protected in as timely a manner as possible, please amend HB2274 HD2 to prohibit the operation of large-capacity underground storage tanks above our drinking water aquifers as of July 1, 2022. 

Accordingly, I respectfully urge your Committees to PASS WITH AMENDMENTS HB2274 HD2.

[Your name]

 

Testimony instructions: 

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "HB2514" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify in person or remotely via Zoom if you can! 

  5. If you are testifying verbally via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to SB2172 SD2 (for more information see here)

  6. Repeat steps 3-5 with “HB2274” instead of “HB2514.”

  7. Don’t forget to let your friends know you testified, and ask them to testify as well!  


February 25 update:

HB2514 passed out of CPC with no amendments and HB2274 passed out of CPC with amendments. You can watch the hearing here.

Thank you to everyone that submitted testimony!

The bills will now be voted on on the House floor, assuming all goes well, they will move to the Senate.


February 22 update:

HB2514 and HB2274 are scheduled to be heard on Thursday, February 24 at 2pm in the House Committee on Consumer Protection and Commerce. This is the last hearing in the House before the bills move to the Senate.

Please take a minute to submit testimony in support of both bills—with one important amendment to both: implementing July 1, 2022 as the date after which no underground storage tank can be operated except to defuel and decommission. Sample testimony, instructions to submit and summaries of previous hearings and bill versions below.

Sample testimonies:

HB2514 —

Dear Chair Aaron Ling Johanson, Vice Chair Lisa Kitagawa and members of the House Committee on Consumer Protection and Commerce,

I SUPPORT HB2514, which seeks to protect our islands' most precious resource from fuel contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.

The threat to our water is imminent and we can wait no longer to know that our water is truly safe from any further contamination, therefore I urge you to amend the measure by implementing July 1, 2022 as the date after which no underground storage tank can be operated, except to defuel and decommission.

We have already seen the devastating impacts that water contamination from leaky underground storage tanks may have on people and the environment, with additional effects likely to ripple across our island over the summer and into the foreseeable future. The legislature must do all that it can to remove the threat of something far worse happening to our water supply, both now and for future generations to come. Accordingly, I respectfully urge you to PASS HB2514 with the above amendment.

Mahalo nui for the opportunity to testify,

[your name]

HB2274 —

Dear Chair Aaron Ling Johanson, Vice Chair Lisa Kitagawa and members of the House Committee on Consumer Protection and Commerce,

I SUPPORT HB2274, which seeks to protect our islands' most precious resource from fuel contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.

The threat to our water is imminent and we can wait no longer to know that our water is truly safe from any further contamination, therefore I urge you to amend the measure by implementing July 1, 2022 as the date after which no underground storage tank can be operated, except to defuel and decommission.

We have already seen the devastating impacts that water contamination from leaky underground storage tanks may have on people and the environment, with additional effects likely to ripple across our island over the summer and into the foreseeable future. The legislature must do all that it can to remove the threat of something far worse happening to our water supply, both now and for future generations to come. Accordingly, I respectfully urge you to PASS HB2274 with the above amendment.

Mahalo nui for the opportunity to testify,

[your name]

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "HB2514 or HB2274" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can!

  5. If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to the bill # (for more information see here)


February 8 update:

HB2514 and HB2274 were both passed out of committee with amendments. You can watch the hearing here.

Both are headed to the House Committee on Consumer Protection & Commerce next.


February 6, first call to action:

HB2514 and HB2274 are being heard on Tuesday at 11 a.m. in the House Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection. These bills would effectively prohibit the state from permitting the Red Hill Facility and similarly massive underground storage tank facilities that may threaten our precious public trust water sources.

HB2514: Prohibits the issuance of permits for any underground storage tank greater than 100,000 gallons.

HB2274: Similar to SB2172, which was passed out of the Senate Committee on Health and Senate Committee on Agriculture and the Environment, with much-needed amendments. This measure seeks to prohibit underground fuel storage tanks of greater than 100 gallons within a half mile of an aquifer. See below for sample testimony with critical amendments to ask for.

Sample testimony

For HB2514:

Dear Chair Yamane, Chair Lowen, Vice Chair Tam, Vice Chair Marten, and members of the House Health, Human Services, & Homelessness and Energy and Environmental Protection Committees,

I SUPPORT HB2514, which seeks to protect our islands' most precious resource from fuel contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations. We have already seen the devastating impacts that water contamination from leaky underground storage tanks may have on people and the environment, with additional effects likely to ripple across our island over the summer and into the foreseeable future. The legislature must do all that it can to remove the threat of something far worse happening to our water supply, both now and for future generations to come. Accordingly, I respectfully urge you to PASS HB2514.

Mahalo nui for the opportunity to testify,

[your name]

For HB2274:

Dear Chair Yamane, Chair Lowen, Vice Chair Tam, Vice Chair Marten, and members of the House Health, Human Services, & Homelessness and Energy and Environmental Protection Committees,

I SUPPORT WITH AMENDMENTS HB2274, which seeks to protect our islands' most precious resource from fuel contamination. Our water is precious and we all have a duty to protect our islands' source of life for present and future generations.

To best protect our groundwater now and in the future, please amend this measure by: 1) removing reference to the Red Hill Bulk Fuel Storage Facility in the preamble, to avoid potential federal preemption challenges; 2) amending the proposed new definition of "underground fuel storage tank" to apply to facilities with field-constructed tanks, or with a capacity over 100,000 gallons; and 3) ensuring that no permit may be issued or renewed for an underground fuel storage tank or tank system, and that no underground fuel storage tank or tank system may be operated after the end of this year, for a facility located mauka of the underground injection control line.

Please PASS HB2274 with the above amendments.

Mahalo nui for the opportunity to testify!

[Your name]

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "bill #" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can!

  5. If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to the bill # (for more information see here)

More bad water bills coming through - OPPOSE SB2884 and SB3132

2/10 update:

Both of the bad stream bills (SB2884 + SB3132) have been defeated. SB2884 was deferred today and SB3132 was removed from tomorrow's agenda. Mahalo to everyone that testified!


Huiiii! More bad water bills coming through!

Take a moment to submit testimony in opposition to both SB2884 which requires the automatic approval of any and all water source (i.e. wells) and water use permit applications, after 90 days for permits that don’t require a hearing and 180 days for permits that do and SB3132 which is the companion to HB2164, a measure that the House Water and Land Committee deferred (killed) after receiving voluminous testimonies in opposition – mahalo nui and congratulations to all who testified! This measure allows the Land Board to negotiate directly with stream diverters for long-term water licenses -- instead of going through a public auction -- without mechanisms to ensure that the environment and the rights and interests of the public are adequately protected. Sample testimony and instructions to submit below.

SB2884 has a joint hearing on Thursday, February 10 at 1:00 p.m. in the Senate Committees on Water and Land and Housing.

SB3132 has a hearing on Friday, February 11 at 1:10 p.m. in the Senate Committee on Water and Land.

Why these bills are bad:

SB2884: Automatic approval of well and water use permit applications could lead to water uses that unduly impact Native Hawaiian traditional and customary practices, kuleana water rights, the rights of the Department of Hawaiian Home Lands and its beneficiaries, and other public trust purposes and reasonable beneficial uses otherwise protected under the public trust doctrine and state water code.  

SB3132: As written, this bill could lead to the inappropriate exploitation of our water resources by allowing for the direct issuance of water licenses to stream diverters and other entities, for 55 years at a time (even HB1015 from last year limited its licenses to 30 years, which is still too long). 

While we agree that the current appraisal and public auction process may not be appropriate for the issuance of licenses for public trust water resources, the public trust and historical water disposition practices demand better safeguards in any alternative approach to issuing water licenses.  SB3132 does not prevent streams from being completely dewatered, does not ensure that climate change impacts to our streams and aquifers will be considered, does not require water waste issues to be addressed, and does not provide an objective or concrete starting point for license appraisals, among many other deficiencies.

Sample testimony:

SB2884:

Aloha Chairs Inouye and Chang, Vice Chairs Keith-Agaran and Kanuha, and members of the Water and Land and Housing Committees,

I strongly OPPOSE SB2884, which would result in the automatic approval of any and all well permit and water use permit applications, if they cannot be decided upon within certain statutory deadlines.  Water is our most precious resource, and must be carefully managed to both conserve it for present and future generations, and ensure that it is appropriately shared for purposes that are beneficial to the public.  This measure may result in automatic water use approvals that could lead to the waste or unsustainable overconsumption of our islands’ water resources, and that could unduly impact stream and coastal ecosystems, Native Hawaiian traditional and customary practices, kuleana rights, domestic and household uses, agricultural activities, and numerous other public trust purposes and reasonable beneficial uses of water that should be carefully considered and protected in water management decisionmaking.  Accordingly, I respectfully urge your Committees to HOLD SB2884.

Mahalo nui,

[your name], 

SB3132:

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

I strongly OPPOSE SB3132 , which may lead to the issuance of water licenses that inappropriately deprive our streams, estuaries, and aquifers, as well as the people, practices, and living things that depend on them, from the water they are rightfully entitled to, for up to 55 years at a time.  Much greater conversation is needed between DLNR, the Water Commission, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, Native Hawaiian cultural practitioners, rural and subsistence communities, climate change experts, biologists, and others to develop sufficient statutory safeguards that can appropriately balance the rights and interests of the public and water licensees in the issuance of any water license through direct negotiation.  Accordingly, I respectfully urge your Committee to HOLD SB3132.

Mahalo nui for the opportunity to testify,

[your name]

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "SB2884 or SB3132" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can! 

  5. If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to SB2884 or SB3132 (for more information see here)

Bad Water Bill - Act Now to End HB2164

February 8 update:

HB2164 was deferred and is essentially dead for this session. You can watch the hearing here.


HB2164 would allow the DLNR to issue 55-year water licenses through direct negotiation, rather than through the appraisal and public auction process currently required. The bad bill has a hearing on Tuesday, 9am in the House Committee on Water & Land.

Why is this bill bad?

HB2164 fails to address the concerns raised last year about the lack of appropriate safeguards to ensure that our public trust streams, springs, and aquifers and the people and life that depend on them are not wrongfully deprived of water, in favor of the politically and economically powerful corporations who will be negotiating for long-term water licenses.

Sample testimony

Dear Chair Tarnas, Vice Chair Branco, and members of the House Water & Land Committee,

I respectfully OPPOSE HB2164, which may facilitate the issuance of water licenses that inappropriately deprive our streams, estuaries, and aquifers, as well as the people, practices, and living things that depend on them, from the water they are rightfully entitled to, for up to 55 years at a time. Much greater conversation is needed between DLNR, the Water Commission, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, Native Hawaiian cultural practitioners, rural and subsistence communities, climate change experts, biologists, and others to develop sufficient statutory safeguards that can appropriately balance the rights and interests of the public and water licensees in the issuance of any water license through direct negotiation. Accordingly, I respectfully urge you to HOLD HB2164.

Mahalo nui for the opportunity to testify,

[your name]

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "bill #" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can!

  5. If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to the bill # (for more information see here)

Zombie Bill Hearings Friday: SB2062, SB2068, SB570

We are just one week into the 2022 Legislative Session and three bad zombie bills are already moving (read: bills that come back from the dead year after year). All three bills have hearings on Friday, if you have a minute, please submit testimony in opposition!

Friday, January 28, 2pm in Senate Agriculture and Environment + Water and Land Committees

SB2062: Exempts proposed drilling, construction, or use of a well on Department of Agriculture leased lands from Environmental Review requirements if the land is used to support ag and food production.

Why this is bad: Hawaiʻi’s Environmental Review laws help to protect Hawaiʻi’s natural and cultural resources from exploitation and degradation. Not to mention that Hawaiʻi’s public trust water resources are already under strain from climate change, over extraction, diversions, and pollution. Exempting major infrastructure projects, like wells, from our environmental review requirements may result in needless impacts to our natural and cultural resources and associated cultural and recreational activities, by removing public and expert review in project planning and development. See 2021 version here.

Friday, January 28, 2pm in Senate Water and Land + Agriculture and Environment Committees

SB2068: Forcibly transfers tens of thousands of acres of watershed-adjacent “pasture” lands (much of which are remnant native forest lands) from the Department of Land and Natural Resources to the Department of Agriculture.

Why this is bad: If these lands are transferred to the Department of Agriculture, ranching activities including unrestricted grazing and clear cutting of remnant native forests could take precedence over public access for hiking, hunting, and cultural practices; watershed protection; and the preservation of native and endangered species habitat. Ranchers could likely pay even less for their use of transferred public trust lands under the DOA than the already very small fees they pay under DLNR, and ranching-related facilities on these lands could also receive exemptions from state and county environmental protection and development laws. See 2021: SB693, 2020: HB2035.

Friday, January 28, 9:30am in Senate Judiciary Committee

SB570: Requires eligibility for registration in the Hawaiʻi Register of Historic Places in order for a site to be considered a "historic property" under the Historic Preservation Law.

Why this is bad: The new restriction on what may be considered a “historic property” could disqualify Native Hawaiian cultural sites from protections under our Historic Preservation Law, such as consultation, reporting, and historic preservation review requirements. See 2021: HB245.

Testimony instructions:

  1. Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)

  2. Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.

  3. Enter "SB2062/SB2068/SB570" where it says "Enter Bill or Measure."

  4. Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can!

  5. If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to the bill # (for more information see here)