April 26, 2024

Free the Water Commission & establish a WAI policy coordinator! Support HB2690

April 26, 2024/ Sierra Club Hawaiʻi Chapter

April 26 update:

Unfortunately, the conference committee failed to pass HB2690, even after deferring the bill three times to try to come to an agreement.

But nothing keeps water protectors down for long. Because, for those of us who care about our future and want our kids to live in a world where money doesn't override the law and the most basic human right, we will never give up.
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While we are extremely disappointed at the defeat of HB2690, we are also incredibly inspired. The waves of support that pushed this bill (in its many versions) almost to the finish line were unmatched.
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Mahalo mahalo mahalo to every single person that supported critical water protection bills this session. Over a thousand pages of testimony were submitted in support of measures to free the Water Commission and aid in Red Hill remediation, dozens walked the halls of the capitol for several days, and hundreds of emails and phone calls were made. There is no doubt that every lawmaker in the building heard your voices.

Ola i ka wai!

APRIL 18 update:

Please take a moment now to remind the conference committee members about the importance of a secure water future that is not influenced by the politics driven by plantation-era large landowners, the military, or other special interests.

Email the conferees using this form and urge them to pass HB2690 HD2 SD1 out of conference and pass it into law.

Email the conferees

APRIL 5 UPDATE:

Great news! HB2690 HD2 SD1 passed out of its final committees unamended—this means the bill is heading to conference committee.

Mahalo nunui to everyone that has submitted testimony, turned out, and spread the word, your efforts truly made this happen. Stay tuned for next steps!

APRIL 3 UPDATE:

Our chance to free the Water Commission lives on! You made this happen - mahalo nunui to everyone for emailing and calling Senators Dela Cruz and Rhoads and for spreading the word to your friends and networks. Let’s continue to demonstrate the tremendous support for freeing the Water Commission from undue political influence we’ve witnessed all session long - with the added benefit of establishing an independent Red Hill WAI Policy Coordinator to pursue the remediation of our contaminated ‘āina and wai.

HB2690 HD2 SD1 has been scheduled for a joint committee hearing in the Senate Ways and Means and Judiciary committees this Friday, April 5, at 10:15am in Senate conference room 211.

Please take a moment to submit testimony in support and encourage your friends and family to do the same. Sample testimony and instructions below.

Sample testimony

Aloha Chair Dela Cruz, Chair Rhoads, Vice Chair Moriwaki, Vice Chair Gabbard, and Members of the Committees,

My name is ___ and I am from ___. I stand in STRONG SUPPORT of the HB2690 HD2 SD1.

As our climate crisis inevitably worsens, and our water resources become ever more scarce, it is critical that our precious wai is managed as a public trust resource as mandated in our Constitution and Water Code - and protected from the legacy of corporate water hoarding and waste that continues to this day.

Unfortunately, longstanding political vulnerabilities have hampered and will continue to hamper the Water Commission in its work to implement our Water Code and uphold the public trust in our water resources. Currently, a Governor appointee - the Board of Land and Natural Resources Chairperson - chairs the Commission. Another Governor appointee, the state Attorney General, is the sole entity allowed to provide the Commission with legal advice. This has raised and continues to raise serious concerns regarding politically connected special interests influencing the Governor and his appointees, to impede the work of the Commission and its staff.

By requiring the Commission to choose its own Chair, select its own executive director, and allowing it to retain its own legal counsel, this measure will provide important layers of political insulation that the Commission will need to fulfill its critical mission in a meaningful and timely manner. These provisions, as well as a performance review process to ensure an objective, apolitical basis for staff employment decisions, would also allow Commission staff to fulfill their constitutional and statutory obligations without the fear of political retribution.

This bill would also provide the Commission with much-needed authorities to issue emergency orders in a timely manner, and to impose meaningful but fair fines for those who would violate our Water Code or the Commission’s emergency orders. Such authorities are absolutely critical for the protection of our water, and our islands, in the face of the climate crisis.

Moreover, this measure would aid in the protection and restoration of Oʻahu’s sole source aquifer, by establishing a WAI Policy Coordinator, insulated by the Commission, to facilitate the remediation of the ‘āina and wai contaminated by the Red Hill Fuel Facility.

Accordingly, I respectfully but strongly urge the Committees to PASS HB2690 HD2 SD1.

Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB2690” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Note: Oral testimony will not be taken at this hearing.
Don’t forget to spread the word!

APRIL 1 update:

It’s crunch time—this Friday is the last day for bills in the 2023-2024 Hawaiʻi Legislature to have their final “standing committee” meeting. HB2690 HD2 SD1 needs to be heard by this Friday or else it is pau for this session.

Please help keep HB2690 HD2 SD1 alive, and help put an end to the generations-long control of our public trust water resources by powerful corporate and military interests. Call or email Senate Ways and Means Chair Donovan Dela Cruz and Judiciary Chair Karl Rhoads, and ask that they schedule this bill for a joint committee hearing by the “Decking Deadline.” Sample script below.

Call: Senator Rhoads, (808)586-6130; Senator Dela Cruz, (808)586-6090
Email: senrhoads@capitol.hawaii.gov, sendelacruz@capitol.hawai.gov
Email subject: Please hear HB2690 HD2 SD1

Aloha Chair Dela Cruz and Chair Rhoads,

My name is ____ and I am from ____. I am writing to respectfully but strongly urge you to hold a hearing on HB2690 HD2 SD1, Relating to Water, by Friday’s Decking deadline. Water has been and will always be our most precious resource, and even more so in our ever-worsening climate crisis. We must therefore do everything we can to uphold the public trust in its protection, conservation, and fair allocation.

This measure may be one of the most important and historic pieces of legislation for the future water security and well-being of our islands. Please, help keep this bill alive and ensure its passage this legislative session, if not for our present generations, then for those that will follow us long after we are gone.

Mahalo nui for your consideration of this request.

March 19 update:

BIG NEWS! The transformative provisions of SB3327 SD1 HD1, the “Free the Water Commission” bill, have been (mostly) proposed for inclusion in proposed amendments to HB2690 HD2, the WAI policy coordinator measure intended to help implement the recommendations of the Water Alliance Initiative.

Mahalo nui to all who called and emailed Representative David Tarnas, the Chair of the House Judiciary & Hawaiian Affairs Committee, to ask that he schedule a hearing for SB3327 SD1 HD1. Unfortunately, without a hearing scheduled, SB3327 SD1 HD1 is now likely dead, despite voluminous and overwhelming support for the measure in all of its prior hearings.

However, our efforts may not have been in vain! In a just-released proposed draft, “HB2690 HD2 SD1 Proposed” will have a hearing tomorrow, Wednesday, March 20 at 1:15pm in the Senate Water and Land and Agriculture and Environment Committees. Please take a moment to submit testimony in support of this proposed draft ASAP!

Sample testimony

Aloha Chair Inouye, Chair Gabbard, Vice Chair Elefante, Vice Chair Richards, and Members of the Committees,

My name is ___ and I am from ___. I stand in STRONG SUPPORT of the PROPOSED SD1 to HB2690 HD2.

For decades, the state has failed to address longstanding structural issues that have left the Water Commission vulnerable to undue political influence, and unable to take emergency action or enforce the water code against deep-pocket and politically powerful interests.

As we have seen, these structural weaknesses have stymied the Commission’s ability to do anything to meaningfully address the Red Hill water crisis - including the Navy’s ongoing, years-long noncompliance with its water use permits, and the waste of over 3 billion gallons of “essentially drinkable” water and counting from the Red Hill shaft.

Most recently, political influence over the Water Commission and its staff led to the highly questionable, still-unexplained “reassignment” of the former water deputy who, during his tenure, had successfully implemented the water code to a far greater extent than any of his predecessors. Notably, this “reassignment” occurred after misleading statements were made to the Governor’s administration, by an official of a wealthy and politically connected corporation recently fined by the Commission for its illegal water diversions.

The proposed SD1 of this measure would address these weaknesses, originally identified 30 years ago. First, it would allow the Commission members to choose their own Chairperson, and ensure that objective standards - rather than arbitrary and unilateral decisionmaking by the Commission Chair - are used to evaluate the work of Commission staff. Second, the Commission would be authorized to issue meaningful fines - subject to the careful, case-by-case consideration of a number of mitigating and aggravating factors - that may be the only means to hold recalcitrant, deep-pocket water code violators accountable. Finally, the proposed SD1 would allow the Commission to more expediently address water emergencies, such as those threatened by the U.S. Navy, rather than undergo the months- or years-long process currently required under statute.

To strengthen this measure, I respectfully ask that the Proposed SD1 be further amended to 1) place the WAI Policy Coordinator and associated staff under the Water Commission, and NOT the politically appointed Board of Land and Natural Resources Chairperson; and 2) allow the Commission to retain its own independent legal counsel, as proposed under SB3327 SD1.

Accordingly, I respectfully but strongly urge the Committee to ADOPT the Proposed SD1 for HB2690 HD2, with the above-noted amendments.

Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB2690” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).

MARCH 17 UPDATE:

Please take a moment to help free the Water Commission from the decades of political interference that has left our islands in a state of increasing water insecurity. SB3327 SD1 HD1, which cleared the Water and Land Committees in both the Senate and House, as well as the Senate Judiciary, Public Safety and Intergovernmental and Military Affairs, and Ways and Means Committees, needs to be scheduled for its next hearing this week by House Judiciary & Hawaiian Affairs Committee Chair David Tarnas. If it is not heard, it will die – and we may lose our best chance to finally insulate the Water Commission from the influence of developers and legacy water hoarders.

Please contact Rep. Tarnas, at 808-586-8510 and/or via e-mail at reptarnas@capitol.hawaii.gov, to urge him to schedule SB3327 SD1 HD1 in the Judiciary & Hawaiian Affairs Committee. Below is a sample message:

Aloha Representative Tarnas,

My name is ____ and I am from ____. I am writing/calling you today to kindly urge you to schedule SB3327 SD1 HD1 in your Judiciary & Hawaiian Affairs Committee this week. This bill is critical to securing a just and resilient future for Hawaiʻi’s freshwater resources, by addressing political vulnerabilities that have allowed and could continue to allow powerful corporate interests to influence the crucially important work of the Water Commission.

Mahalo nui for your time,

[Your name]

MARCH 13 UPDATE:

SB3327 SD1 was passed out of the House Water and Land Committee on Tuesday with amendments with 177+ in written testimonies in support. The bill now needs to be heard in the House Judiciary and Hawaiian Affairs (Chaired by Representative Tarnas) and Finance (Chaired by Representative Yamashita) Committees.

Mahalo nui to those who submitted testimony!

March 9 update:

SB3327 SD1, the “Free the Water Commission” bill will be heard in the House Water and Land Committee on Tuesday, March 12, 9am in House conference room 430.

This bill ensures that the Water Commission and its staff can focus on implementing the Water Code and uphold the public trust doctrine, without fear of political interference or retribution. You can learn more about the bill and how we got here below.

Sample testimony:

Aloha Chair Ichiyama, Vice Chair Poepoe, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT SB3327 SD1, to secure a just and resilient future for our water resources and by extension, our islands as a whole.

As our climate crisis inevitably worsens, and our water resources become ever more scarce, it is critical that our precious wai is managed as a public trust resource, as envisioned in our Constitution and Water Code - and protected from the legacy of corporate water hoarding and waste that continues to this day.

Accordingly, I respectfully urge the Committee to PASS this measure. Mahalo nui for the opportunity to testify.

March 1 update:

The Senate Ways and Means and Judiciary Committees passed SB3327 SD1 UNAMENDED! This was the bill’s final hearing in the Senate and it will now move to the House.

FEBRUARY 28 UPDATE:

Great news!! The Senate Ways and Means and Judiciary Committees have scheduled the final Senate committee hearing for SB3327 SD1, the bill that would finally - after four decades - ensure that the Water Commission and its staff can focus on implementing the Water Code and uphold the public trust doctrine, without fear of political interference or retribution. SB3327 SD1 will be heard this Friday, March 1 at 10:31am in the Senate Ways and Means and Judiciary Committees.

Please submit your written testimony today! With just a few minutes of your time, you can help give our Water Commission the tools and independence it needs to uphold the public interest in our precious wai, and protect our public trust water from corporate water hoarding and waste.

Scroll down for more info about what this bill does.

Sample testimony

Aloha Chair Dela Cruz, Chair Rhoads, Vice Chair Moriwaki, Vice Chair Gabbard, and Members of the Committees,

My name is ______ and I STRONGLY SUPPORT SB3327 SD1, to secure a just and resilient future for our water resources and by extension, our islands as a whole.

Accordingly, I respectfully urge the Committees to PASS this measure. Mahalo nui for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "SB3327" where it says "Enter Bill or Measure."
Input your information and your written testimony Note: Oral testimony will not be accepted at this hearing.

February 9 updates:

The Senate Committees on Water and Land and Public Safety and Intergovernmental and Military Affairs both unanimously passed SB3327 with minor amendments after 125+ testimonies in support. You can watch the hearing here. The bill now needs to be heard in the Senate Committees on Ways and Means and Judiciary.

The August fires, and the resulting tragic loss of life, revealed many weaknesses in Hawaiʻi’s fire suppression, natural resource management, and emergency response systems. They also revealed the extent to which special interests and their government enablers may be willing to exploit a tragedy for corporate gain. This week, on Wednesday, February 7, we have one critically important water bill that will help to empower the Water Commission to not only deal expeditiously with water emergencies and water code violators, but also ensure its staff are able to focus on implementing the Water Code and public trust doctrine without fear of political retribution. More details and sample testimony below.

SB3327: Free the Water Commission

SB3327 would allow the Water Commission to hold water code violators accountable with meaningful fines, and take emergency and timely action during water shortages caused by prolonged droughts, aquifer contamination, rising chloride levels, or other unforeseen events. Moreover, it would protect Water Commission members and staff from the influence of opportunistic and politically connected corporate interests, allowing them to implement the state Water Code in the public’s interest, and without fear of political retribution.

Why this bill is important:

First, this bill would enable the Commission on Water Resource Management to better ensure public needs are prioritized during a water emergency, such as the one that the Red Hill crisis continues to threaten. Currently, the Water Commission must undergo time consuming, months-long planning and rulemaking processes and exhaust its water shortage authorities before taking action to preserve fresh drinking water supplies in a water emergency. This bill would allow the Water Commission to instead take immediate action to protect our water and priority water needs in the event of water emergencies, in real time.

Second, this bill would authorize the Water Commission to impose meaningful fines against those who could otherwise over pump our aquifers and drain our streams dry with impunity – notwithstanding the law or the needs of the community. The current $5,000 daily fine the Commission is authorized to levy is wholly insufficient to hold multinational corporations - or the Department of Defense - accountable if and when their water code violations impact priority public needs, including for affordable housing. Without the increased fines authorized under this measure, millions of gallons of water per day could be illegally monopolized by deep pocket entities for a fraction of a cent per gallon in penalties, harming our precious water resources, and the houses, schools, farms, small businesses, and others that rely on them.

Finally, this bill would address political vulnerabilities that could allow powerful corporate interests to unduly influence the important work of the Water Commission. Currently, the Commission’s Chair is a member of the Governor’s cabinet, as is its legal counsel, the Attorney General. Both individuals have considerable power over the Water Commission and its staff, and both answer directly to the Governor. Accordingly, powerful interests who have the Governor’s ear could substantially interfere with the Commission’s implementation of the Water Code, and the Public Trust Doctrine.

(As we saw in the aftermath of the Lahaina fires, the “reassignment” of water deputy Kaleo Manuel raised serious concerns regarding politically powerful corporate water hoarders influencing the Governor’s administration, to retaliate against a deputy who had made historic progress in the implementation of the Water Code.)

This bill would accordingly allow Commission members to decide amongst themselves who among their volunteers should serve as their Chair, and would further allow the entire Commission to choose an “executive director” as the lead Commission staff person. Annual performance reviews for the executive director would ensure that any employment decisions are based on a documented and objective assessment of their performance, rather than political opportunism or retribution. Finally, the Commission would be able to hire their own legal counsel, rather than rely on the Governor-serving Attorney General.

Sample testimony

Aloha Chair Wakai, Chair Inouye, Vice Chair Elefante, and Members of the Committees,

My name is ______ and I STRONGLY SUPPORT SB3327, in order to enable the Water Commission to hold water code violators accountable; take timely, emergency action during water shortages; and allow Commission staff to implement the state Water Code, without fear of political retribution.

The uniqueness of Hawaiʻi’s freshwater landscape puts our islands at a higher risk of water shortages and emergencies. Coupled with the growing impacts of the climate crisis, our agencies must have the tools they need to respond to water crises and protect our water and priority water uses, including for affordable housing, in a timely manner.

This measure would provide the Water Commission with two such tools. First, it would allow the Water Commission to take emergency action in the event of a water shortage, and prioritize the most pressing public needs, without undergoing a months- or possibly years-long process as currently required under statute. Second, it would allow the Commission to impose much more meaningful fines for water code violations, based on a careful assessment of the circumstances of each case; such authority is critical to protecting the public interest from deep pocket water code violators who could easily shrug off the Commission’s current maximum daily fine.

In addition to the above authorities, this bill would also address political vulnerabilities that may allow powerful corporate interests to unduly interfere with the work of the Commission and its staff. Currently, a Governor appointee - the Board of Land and Natural Resources Chairperson - chairs the Water Commission and dictates its agenda. In addition, the Attorney General, who is also appointed by the Governor, is the sole provider of legal advice to the Water Commission. Both of these appointees have considerable power over the Water Commission and its staff. Accordingly, those with influence over the Governor, including corporate water hoarders, could substantially interfere with the work of the Commission, through his political appointees.

By requiring the Commission to choose its own Chair, select its own executive director, and retain its own legal counsel, this measure will provide important layers of political insulation and thereby help to rebuild public confidence in the work of the Commission. These provisions, as well as a performance review process to ensure an objective, apolitical basis for staff employment decisions, would also allow Commission staff to fulfill their constitutional and statutory obligations without fear of political retribution.

Accordingly, I respectfully urge the Committees to PASS this measure. Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "SB3327" where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

April 19, 2024

Help combat spread of little fire ants, support funding for Hawaiʻi Ant Lab

April 19, 2024/ Sierra Club Hawaiʻi Chapter

Mahalo nui to everyone that supported the invasive species omnibus bills (SB3237/HB2758) this session—these measures moved as far as they did because of your support. All is not lost, there is one measure left that can help combat little fire ants, HB2644 HD2 SD1, and it needs your help.

The spread of little fire ants (LFA) in Hawaiʻi poses a significant threat to our environment, culture, public health, economy, and overall quality of life. Support for funding the Hawaiʻi Ant Lab is crucial to mitigating this “silent crisis” before it is too late.

Already established on Hawaiʻi Island and with populations recently detected on O‘ahu, Maui, and Kauaʻi, LFA inflict burning, lasting welts and potential anaphylaxis with their stings, and can also blind domestic house pets. In addition, LFA disrupt native ecosystems, impact agricultural productivity and food security, impede cultural practices, reduce outdoor recreational and economic opportunities, and contribute to the widespread use of potentially harmful pesticides across the landscape, among many other impacts.

The Hawaiʻi Ant Lab is a program of the University of Hawai‘i Pacific Cooperative Studies Unit and is dedicated to increasing knowledge about LFAt biology, management, and eradication. HB2644 HD2 SD1 appropriates funds to support the Hawaiʻi Ant Lab in mitigating the impacts of LFA, and is particularly critical in light of the continual new detections of LFA on O‘ahu and throughout our islands.

This measure is one of the last standing bills this legislative session that addresses our “silent crisis” of invasive pests. HB2644 HD2 SD1 is being heard in conference committee next Monday, April 22.

Please take a moment to email the legislators in the conference committee, using this form, and urge them to pass this important measure.

email conferees

April 05, 2024

Stop the invasion! Testify on invasive pests bill today!

April 05, 2024/ Sierra Club Hawaiʻi Chapter

APRIL 5 UPDATE:

Unfortunately, SB3327 SD2 HD1 and HB2758 HD2 SD1 were not heard in their final committees—meaning that these measures are essentially pau for the session.

While this is disappointing, we are not giving up! There is a lot at stake when it comes to invasive pests and bettering Hawaiʻi’s biosecurity.

Please stay tuned for other ways that we can stop the spread of invasive species.

April 1 update:

It’s crunch time—this Friday is the last day for bills in the 2023-2024 Hawaiʻi Legislature to have their final “standing committee” meeting. SB3237 SD2 HD1 and HB2758 HD2 SD1 need to be heard by this Friday or else they are pau for this session.

Please help keep these bills alive, and stop the further spread of invasive pests that threaten almost every every aspect of our lives in Hawaiʻi. Call or email House Finance Committee Chair, Representative Yamashita and Senate Judiciary Chair Karl Rhoads and Ways and Means Chair Donovan Dela Cruz, and ask that they schedule these critical bills for hearings by the “Decking Deadline.” Sample script below.

Call: Representative Yamashita, (808)586-6200
Email: repyamashita@capitol.hawaii.gov
Email subject: Please hear SB3237 SD2 HD1

Aloha Chair Yamashita,

My name is ____ and I am from ____. I am writing to respectfully but strongly urge you to hold a hearing on SB3237 SD2 HD1, Relating to Agriculture, by Friday’s Decking deadline. Time is of the essence when it comes to slowing the further spread of invasive species. The financial, human, and environmental costs of inaction in the face of our current and future invasive species crises will only increase exponentially and be felt for generations, if we do not adopt the long-needed quarantine, inspection, licensing, pest designation, and importation protections and controls embodied in this measure.

This measure is critical to giving the Department of Agriculture the tools and resources it needs to control and eradicate invasive pest species that may impact every aspect of life here in Hawaiʻi.

Mahalo nui for your consideration of this request.

HB2758 HD2 SD1

Call: Senator Dela Cruz, (808)586-6090; Senator Rhoads, (808)586-6130
Email: sendelacruz@capitol.hawaii.gov, senrhoads@capitol.hawaii.gov
Email subject: Please hear HB2758 HD2 SD1

Aloha Chair Dela Cruz and Chair Rhoads,

My name is ____ and I am from ____. I am writing to respectfully but strongly urge you to hold a hearing on HB2758 HD2 SD1, Relating to Agriculture, by Friday’s Decking deadline. Time is of the essence when it comes to slowing the further spread of invasive species. The financial, human, and environmental costs of inaction in the face of our current and future invasive species crises will only increase exponentially and be felt for generations, if we do not adopt the long-needed quarantine, inspection, licensing, pest designation, and importation protections and controls embodied in this measure.

Mahalo nui for your consideration of this request.

March 20 update:

SB3237 SD2 HD1 was passed out of the House Consumer Protection & Commerce Committee on Wednesday with amendments.

The measure now needs to be heard in its final committee, the House Finance Committee. Stay tuned for our next chance to protect our islands from the further spread of invasive pests!

MARCH 18 update:

Exciting news! The Senate omnibus invasive species measure, SB3237 SD2 HD1, has now been scheduled for a hearing before the House Consumer Protection & Commerce Committee on Wednesday at 2 p.m. While this latest draft no longer authorizes the invasive species committees or Hawaiʻi Ant Lab to implement eradication and control programs in the event that the Hawaiʻi Department of Agriculture fails to do so, it still contains a myriad of other long-needed and critically necessary inspection, import, quarantine, licensing, and pest designation authorities that can give our communities a fighting chance at detecting, controlling, and eradicating invasive species like the coconut rhinoceros beetle, little fire ant, and coqui frog. Please take a moment to help protect our islands and future generations from a pest-infested landscape by submitting testimony in support of this bill! Sample testimony and testimony instructions below.

Sample testimony

Aloha Chair Nakashima, Vice Chair Sayama, and Members of the Committee,

My name is ___ and I am from ___, and I STRONGLY SUPPORT SB3237 SD2 HD1.

We cannot wait any longer before giving the Department of Agriculture the tools and resources it needs to control and eradicate invasive pest species that may impact every aspect of life here in Hawaiʻi, including our environment, food security, cultural integrity, economy, and overall quality of life. The financial, human, and environmental costs of inaction in the face of our current and future invasive species crises will only increase exponentially and be felt for generations, if we do not adopt the long-needed quarantine, inspection, licensing, pest designation, and importation protections and controls embodied in this measure.

Please pass this bill to give our islands and our people a fighting chance to stop the further introduction and spread of invasive species throughout our Hawaiʻi nei.

Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”SB3237” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).

MARCH 15 UPDATE:

SB3237 SD2, establishing a suite of invasive species control and eradication tools, was passed out of the House Agriculture & Food System Committee on Wednesday with amendments with 40+ written testimonies in support. The bill now needs to be heard in the House Consumer Protection and Commerce (Chaired by Representative Nakashima) and Finance (Chaired by Representative Yamashita) Committees.

HB2758 HD2, SB3237 SD2’s companion, was deferred for decision making to Monday, March 18 at 2:45pm by the Senate Agriculture and Environment (Chaired by Senator Gabbard) and Transportation and Culture and the Arts (Chaired by Senator Lee) Committees, with 39+ written testimonies in support. Stay tuned for their decision!

March 11 update:

SB3237 SD2, the companion of HB2758 HD2 (below), is scheduled to be heard in the House Agriculture and Food Systems Committee on Wednesday, March 13, 8:30am in House conference room 325.

Sample testimony:

Aloha Chair Gates, Vice Chair Kahaloa, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT HB2758 HD2.

This measure will fill critical gaps in our biosecurity planning and response systems, and mitigate the present and future potential impacts of invasive pests and noxious weeds on our native ecosystems, cultural practices, food security, public health, economy, and the overall quality of life of present and future generations.

While communities across the islands are now taking action to detect, control, and eradicate pests in their neighborhoods, these efforts have been frustrated by a lack of sufficient government support, including and particularly from the Hawaiʻi Department of Agriculture (HDOA). For example, the HDOA’s failure to prohibit the intraisland movement and sale of infested plants and other commodities has likely contributed to the establishment of the coconut rhinoceros beetle on O‘ahu, which has now spread to Maui and Hawaiʻi Island. The HDOA’s lack of comprehensive planning and programming to detect and control or eradicate invasive pests and noxious weeds is now confounding efforts to stop the spread of little fire ants across Oʻahu, and leaves all islands at risk of experiencing the devastating consequences of these and other invasive species.

We simply can no longer wait for the HDOA to take the actions we need to comprehensively address the real and present threat of invasive pests and noxious weeds. Comprehensive detection, control, and eradication programs, including the licensing of nurseries and regulatory mechanisms to prevent the import and inter- and intra-island spread of invasive pests and noxious weeds, are needed now. This measure will help to bring our biosecurity systems into the 21st century, and give our communities a much better chance at protecting our islands and future generations from the wide-ranging harms of invasive species.

Accordingly, I respectfully but strongly urge the Committee to PASS SB3237 SD2. Thank you for the opportunity to testify.

March 9 update:

HB2758 HD2, the “Invasive Pest Control” omnibus bill will be heard in the Senate Agriculture and Environment and Transportation and Culture and the Arts Committees on Tuesday, March 12, 3pm in Senate conference room 224.

This bill establishes a suite of invasive species control and eradication tools that we desperately need, if we want to save ourselves and future generations from the wide-ranging impacts of a pest-infested landscape.⁠ You can learn more about this critical bill and all it does below.

Sample testimony:

Aloha Chair Lee, Chair Gabbard, Vice Chair Inouye, Vice Chair Richards, and Members of the Committees,

My name is ______ and I STRONGLY SUPPORT HB2758 HD2.

Accordingly, I respectfully but strongly urge the Committees to PASS HB2758 HD2. Thank you for the opportunity to testify.

March 1 update:

SB3237 SD1 was UNANIMOUSLY passed out of the Senate Judiciary and Ways and Means Committee! This was the bills final hearing in the Senate, it will now move to the House. Mahalo everyone!

FEBRUARY 28 update:

SB3237 SD1, the companion to HB2758 HD2, has been rescued from certain death, and scheduled for its final hearing in the Senate before the Judiciary and Ways and Means Committees on Friday, March 1 at 10:31 a.m. in Conference Room 211.

Please take a moment to submit testimony in support of this important measure! Incredibly, both House and Senate omnibus invasive species bills are now poised to make crossover, thanks in huge part to the outpouring of support by concerned community members like you. Sample testimony and testimony instructions are provided below.

Sample testimony for SB3237 SD1:

Aloha Chair Rhoads, Chair Dela Cruz, Vice Chair Gabbard, Vice Chair Moriwaki, and Members of the Committees,

My name is ______ and I STRONGLY SUPPORT SB3237 SD1.

Accordingly, I respectfully but strongly urge the Committees to PASS SB3237 SD1. Thank you for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”SB3237” where it says "Enter Bill or Measure."
Input your information and your written testimony. Note: No oral testimony will be accepted at this hearing.

FEBRUARY 23 UPDATE:

HB2758 was passed UNANIMOUSLY out of the House Finance Committee yesterday! Mahalo nui to everyone that heeded the last minute call to action and submitted testimony.

Fingers crossed we are headed over to the Senate!

FEBRUARY 21 UPDATE:

The House Invasive Species Omnibus Bill, HB2758 HD2, has been scheduled for its final hearing in the House of Representatives, before the House Finance Committee at its 1:00 p.m. hearing *tomorrow,* February 22, in room 308.

Please take a moment to submit testimony in support of this important measure! Sustained community support has been key to its continued progress, and will be critical to keeping this bill alive in the weeks ahead (and mahalo nunui to all who have supported this bill in its prior hearings - we’ve made it this far all thanks to you!).

Invasive species threaten to radically alter life as we know it in Hawaiʻi, with pests such as the little fire ant (LFA) and coconut rhinoceros beetle (CRB) already impacting farms and food production, cultural practices, recreational activities, public health, and the economy of regions where they are established. Unfortunately, numerous regulatory gaps continue to hinder our collective ability to fight back against invasive species - gaps that would be filled by the comprehensive provisions of HB2758 HD2.

Fortunately, overwhelming public support has helped to keep this bill alive and moving through the lawmaking process, and will be critical to getting it to the finish line this legislative session. Please submit your testimony now in support of HB2758 HD2 - sample testimony is included below.

Sample testimony for HB2758 HD2:

Aloha Chair Yamashita, Vice Chair Kitagawa, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT HB2758 HD2.

Accordingly, I respectfully but strongly urge the Committee to PASS HB2758 HD2. Thank you for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”HB2758” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

February 15 update:

HB2758 was passed out of the House Consumer Protection and Commerce Committee with amendments. The votes were: 4 Ayes: Reps Nakashima, Sayama, Amato, Belatti; 2 Noes: Representative(s) Onishi, Pierick; and 5 Excused: Representative(s) Hashem, Hussey-Burdick, Gates, Lowen, Tam. You can watch the hearing here.

February 12 update:

Great news! HB2758 HD1, which was just passed out of the House Agriculture & Food Systems Committee last week (with many thanks to Chair Gates and Vice Chair Kahaloa, and all who testified in support!), has now been scheduled for its next hearing before the House Consumer Protection and Commerce Committee, on Wednesday, February 14, at 2 pm.

Sample testimony below and scroll a little further down for more details on the bill and how we got here.

Sample testimony for HB2758 HD1:

Aloha Chair Nakashima, Vice Chair Sayama, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT HB2758 HD1.

While communities across the islands are taking action to detect, control, and eradicate pests in their neighborhoods, these efforts have been frustrated by a lack of sufficient government support, including and particularly from the Hawaiʻi Department of Agriculture (HDOA). For example, the HDOA’s failure to prohibit the intraisland movement and sale of infested plants and other commodities has likely contributed to the establishment of the coconut rhinoceros beetle on O‘ahu, which has now spread to Maui and Hawaiʻi Island. The HDOA’s lack of comprehensive planning and programming to detect and control or eradicate invasive pests and noxious weeds is now confounding efforts to stop the spread of little fire ants across Oʻahu, and leaves all islands at risk of experiencing the devastating consequences of these or other invasive species.

Accordingly, I respectfully but strongly urge the Committee to PASS HB2758 HD1. Thank you for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”HB2758” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

February 9 update:

The House Committee on Agriculture passed HB2758 with amendments after two dozen testimonies in support (with less than 48 hours notice). SB3237 was heard on Thursday where the Senate Committees on Agriculture and Environment and Transportation and Culture and the Arts deferred the measure until February 12 and 13 for decision making. You can watch the hearing here. HB2758 now needs to be heard in Consumer Protection & Commerce and Finance committees.

BILL(S) BACKGROUND

It is all hands on deck to stop these and other invasive species in their tracks. While we wait for the Hawaiʻi Department of Agriculture (HDOA) to promulgate long-awaited proposed rules to finally prohibit the intra-island movement of certain invasive species like the LFA and CRB, proposed legislation is also needed to establish and/or strengthen our biosecurity protections in a timely manner. One such measure, HB2758, has a hearing TOMORROW, Wednesday, February 7 at 9:30am. Its companion, SB3237, has a hearing on Thursday, February 8, at 3 p.m. Please take a moment to submit testimony NOW – sample testimony and more details below.

HDOA Invasive Species Bill: HB2758/SB3237

What it does

HB2758/SB3237 establishes a suite of invasive species control and eradication tools and processes, including by designating little fire ants, coconut rhinoceros beetles, and two-lined spittlebugs as pests “for control or eradication,” while statutorily designating dozens of additional pests and noxious weeds; establishing processes and authorities for the Board of Agriculture and HDOA to detect, control, and eradicate these and other invasive pests and noxious weeds, including by emergency actions; allowing the counties and other organizations such as the invasive species committees to develop and implement control and eradication programs where the HDOA has failed to do so; prohibiting the importation and transportation of known invasive species and their host materials; and establishing a plant nursery licensing program, to facilitate inspections, best management practices, and quarantines if necessary; among many other provisions.

See the bulleted list at the end of this email for a summarized rundown of the provisions of this measure.

Why this is important

Invasive species can impact every aspect of life in Hawaiʻi—jeopardizing our native ecosystems, food security, cultural practices, public health, fire safety, climate resiliency, economy, and overall quality of life. The impacts from invasive pests and noxious weeds may also be irreversible once they are established, and the limited window of time to eradicate newly introduced invasive species requires that we maintain robust and comprehensive biosecurity planning and response systems.

Unfortunately, the HDOA has been unable to take proactive action to fulfill its kuleana and build regulatory systems that can meaningfully protect us from such biological threats.

Hawaiʻi must get serious about our biosecurity systems before it is too late. This measure addresses multiple long-standing gaps in invasive species planning and response programs and establishes comprehensive protections against the further introduction and spread of invasive pests and noxious weeds. We cannot afford to tolerate the business as usual status quo, if we do not want to pass on a pest-ridden future to our children and grandchildren.

Sample testimony for HB2758:

Aloha Chair Gates, Vice Chair Kahaloa, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT HB2758.

Accordingly, I respectfully but strongly urge the Committee to PASS HB2758. Thank you for the opportunity to testify.

Sample testimony for SB3237:

Aloha Chair Gabbard, Chair Lee, Vice Chair Richards, and Vice Chair Inouye, and Members of the Committee,

My name is ______ and I STRONGLY SUPPORT SB3237.

Accordingly, I respectfully but strongly urge the Committees to PASS SB3237. Thank you for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”HB2758/SB3237” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

Summary of the Omnibus Biosecurity Bill:

HB2758/SB3237 is an omnibus measure that will comprehensively address the longstanding gaps in our biosecurity infrastructure. Among other provisions, this bill:

Designates the CRB, LFA, and two-lined spittlebug as statutorily designated pests “for control or eradication” (in addition to the current coqui frog);
Requires the HDOA to update its list of pests designated for control or eradication every two years;
Allows the HDOA to take emergency action to eradicate pests that impact native species, public health and welfare, agriculture, etc. regardless of whether the pest is designated or not;
Requires the HDOA to implement programs, including quarantine measures, to stop the spread or introduction of designated pests;
Empowers the invasive species committees, the Hawaiʻi Ant Lab, or the counties to establish programs for invasive pest control or eradication when the HDOA fails to do so;
Allows the invasive species committees and Hawaiʻi Ant Lab employees to also use the HDOA process to inspect properties for control and eradication program purposes;
Creates a comprehensive licensing system for local nurseries to provide for inspection, best management practices, and quarantine in the case of infestation, among other safeguards;
Designates 31 known pests and allows the Board of Agriculture to designate others, and allows the Board to quarantine these pests and pest host material and prohibit them from being moved out of areas designated by the Board where these pests may be found;
Allows the HDOA to take emergency action to quarantine these pests and pest host material in newly infested areas for thirty days or until the next Board of Agriculture meeting;
Prohibits the import of firewood, a known vector for invasive species introductions, with certain exceptions;
Authorizes the HDOA to enter into cooperative agreements with federal, state, and county agencies to enforce federal quarantines;
Prohibits the import of certain citrus pests and diseases as well as “regulated articles” from areas subject to federal quarantines due to the presence of these pests;
Requires a compliance agreement or a permit to import of pests or pest-infested materials;
Clarifies the inspection authority of agricultural inspectors;
Prohibits the importation or movement of noxious weeds except for the disposal of such weeds;
Prohibits the inter-island and intra-island transport of pests, pest host material, and other items specified by the department except by permit or a compliance agreement, or after treatment specified by an HDOA official;
Requires the Board of Agriculture to receive and consider applications for new noxious weed designations at least twice a year and make its list of noxious weeds available on its website;
Authorizes HDOA to take emergency action to designate noxious weeds;
Authorizes HDOA to develop and implement noxious weed control and eradication programs;
Requires lessees of state agricultural lands to control noxious weeds on their leased lands; and
Prohibits noxious weeds from being imported or moved within the state subject to exceptions;
Among other provisions.

April 05, 2024

OPPOSE HB2089 - Anti-resilience building codes

April 05, 2024/ Sierra Club Hawaiʻi Chapter

April 5 update:

HB2089 HD2 failed to be heard in its final committee—meaning that it is essentially pau for this session! Mahalo nui to everyone that took action throughout this session to stop this problematic bill.

March 22 update:

Unfortunately, HB2089 HD2 was passed out of the Senate Government Operations committee.

Thank you to everyone that submitted testimony in opposition! There were over two dozen testimonies in opposition thanks to you all. Stay tuned for our next chance to stop this problematic bill.

HB2089 HD2, would render our residents and families much more vulnerable to climate-related extreme weather events, by giving developers a free pass on building code updates.

HB2089 HD2 would allow our building codes to languish for the better part of a decade before being updated, foregoing the normal, 3-year amendments based on new technologies, lessons learned, and best building practices to protect residents and first responders from ever-more frequent natural disasters and human tragedies associated with the climate crisis.

As heat waves, hurricanes, floods, and wildfires become more and more frequent, experts have been using lessons and best practices from around the planet to update building and infrastructure standards via the International Building Code, in order to best protect tenants – as well as firefighters and other first responders – in the event of emergencies both small and large. By skipping the normal 3-year amendments to the State Building Code based on the International Building Code updates, this bill would allow developers to build to outdated standards that put people and families at unnecessary risk of harm from climate-related disasters.

This anti-resilience bill is premised on the claim that building permit reviewers cannot keep up with the three year cycle, but as Civil Beat’s Christina Jedra has clearly documented, building permit reviews largely suffer due to the inability of county planning departments to hire and retain qualified staff. Skipping building code standards will do little to solve a problem rooted in issues of staff pay and management, and would instead render our residents and families needlessly vulnerable through outdated building standards while developers continue to maximize their profits. National watchdog organizations have also indicated that other jurisdictions may follow Hawaiʻi’s lead if this bill is passed, raising the stakes for life-or-death consequences far beyond our shores.

Please take a moment to submit testimony in opposition to HB2089 HD2.

Sample testimony:

Aloha e Chair McKelvey, Vice Chair Gabbard, and Members of the Committee,

My name is ____ and I am from ____, and I stand in strong opposition to HB2089 HD2. This measure fails to address the true root causes of building permit delays: the inability of county planning departments to recruit and maintain permitting staff. Instead, this bill will saddle residents and families, as well as our first responders, with outdated building code standards that place their safety, health, and lives at unnecessary risk in the event of climate-related extreme weather events.

Please, do not place Hawaiʻi’s families’ safety – and our islands’ climate resiliency – at risk without first prioritizing the true root causes of building permit delays. Please HOLD HB2089 HD2.

Mahalo nui for the opportunity to testify.

TESTIMONY INSTRUCTIONS

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”HB2089” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

April 01, 2024

ACT NOW: Water security and disaster resilience down to the wire

April 01, 2024/ Sierra Club Hawaiʻi Chapter

This Friday is the last day for bills in the 2023-2024 Hawaiʻi Legislature to have their final “standing committee” meeting. Accordingly, it is crunch time for bills good and bad that have not yet met this pressing deadline. Of note:

Red Hill, Water Security, and Our Public Trust:

HB2690 HD2 SD1 is the last remaining measure that recognizes the decades-old problem of political interference in the implementation of our Water Code.

Originally drafted as a well-meaning but slightly myopic proposal to address the consequences of political inhibition surrounding the Red Hill Facility, HB2690 HD2 SD1 has now been amended to much more proactively insulate the Hawaiʻi Commission on Water Resource Management, as well as a Red Hill “WAI Policy Coordinator,” from undue political influence.

This bill would prevent the Governor of Hawaiʻi from exercising almost unilateral control over the Water Commission’s work, by requiring the Chair of the Commission to be selected by its members instead of by the Governor, and allowing the Commission to retain its own attorney rather than relying on the Governor’s Attorney General.

A WAI Policy Coordinator, tasked with the politically charged kuleana of seeking Navy accountability and the full remediation of Oʻahu’s sole source aquifer, would also be sheltered under this Commission’s executive director, who would be transparently selected and evaluated by the entire Commission (rather than hired and potentially fired by a single Chair’s behind-the-scenes decision).

Notably, the nominating committee tasked with nominating replacement Water Commissioners for the Governor’s consideration would also be amended, to include a representative of the Office of Hawaiian Affairs (OHA) - a long-due addition, given OHA beneficiaries’ unique Native Hawaiian rights and deep cultural connections to our islands’ precious wai.

Despite garnering overwhelming and nearly unanimous support in hundreds of testimonies submitted this session, a similar measure, SB3327, failed to meet a previous deadline for a hearing before the House Judiciary & Hawaiian Affairs Committee. That bill was passed by the Senate Judiciary and Ways and Means Committees, who will now need to hear HB2690 HD2 SD1 by this Friday.

Call: Senator Rhoads, (808)586-6130; Senator Dela Cruz, (808)586-6090
Email: senrhoads@capitol.hawaii.gov, sendelacruz@capitol.hawai.gov
Email subject: Please hear HB2690 HD2 SD1

Aloha Chair Dela Cruz and Chair Rhoads,

Mahalo nui for your consideration of this request.

Invasive Species

SB3237 SD2 HD1 and HB2758 HD2 SD1, the omnibus invasive species bills that would finally fill decades-old gaps in our islands’ biosecurity framework, passed through all but the last of their committees. However, despite overwhelming support from farmers, doctors, cultural practitioners, educators, ecologists, and everyday folks, both bills are currently stalled and will die if not scheduled for a hearing this week.

Life as we know it in Hawaiʻi is threatened by invasive pests like little fire ants, coconut rhinoceros beetles, and others. Please take a moment to help protect our islands from further destruction by invasive species by contacting the chairs of the House Finance Committee and the Senate Judiciary and Ways and Means Committees, urging them to hear these critical invasive species bills by this Friday.

SB3237 SD2 HD1

Call: Representative Yamashita, (808)586-6200
Email: repyamashita@capitol.hawaii.gov
Email subject: Please hear SB3237 SD2 HD1

Aloha Chair Yamashita,

Mahalo nui for your consideration of this request.

HB2758 HD2 SD1

Call: Senator Dela Cruz, (808)586-6090; Senator Rhoads, (808)586-6130
Email: sendelacruz@capitol.hawaii.gov, senrhoads@capitol.hawaii.gov
Email subject: Please hear HB2758 HD2 SD1

Aloha Chair Dela Cruz and Chair Rhoads,

Mahalo nui for your consideration of this request.

Good Bills that Need Testimony: Loko Iʻa, Seabed Mining, and Housing Relief

We do have some good news regarding important bills that did get scheduled for their final hearing this week. Please consider also submitting testimony in support of these measures - read on below (testimony instructions are also at the bottom of this email):

Loko I‘a Restocking Support - SB2329 SD1 HD1 has a hearing scheduled for tomorrow, Tuesday, at 2:30 p.m. before the House Finance Committee. This measure would support our islands’ food security, cultural integrity, ecological health, and overall resilience by funding programs for the production of puaʻama (juvenile mullet), to benefit our loko iʻa (Hawaiian fishpond) practitioners.

Sample testimony:

My name is _____, a resident of ____, and I strongly support SB2329 SD1 HD1.

This bill will provide critical support for loko iʻa practitioners, and significantly enhance their efforts to build our islands’ food security, perpetuate cultural values and practices, restore our nearshore ecosystems, and ensure our islands’ resilience for generations to come. Please pass this measure as an important, smart investment in the future of our Hawaiʻi nei.

Mahalo nui for the opportunity to testify.

Seabed Mining Ban - SB2575 HD1 has a hearing scheduled for tomorrow, Tuesday, at 4 p.m. before the House Finance Committee. Please consider supporting this measure to prevent the destruction of our nearshore ecosystems, by preemptively banning seabed mining in Hawaiʻi’s marine waters.

Sample testimony:

My name is _____, a resident of ____, and I strongly support SB2575 HD1.

This measure will make clear that the extractive exploitation of our ocean - to the detriment of rare, highly sensitive, and still-unexplored ecosystems and species - is off the table for corporate speculators and profit-driven interests. We simply cannot risk the permanent loss of some of our islands' most unique and intrinsically invaluable natural and native ecosystems for short-term, short-sighted, and unsustainable financial gain. Please pass this measure so that we can head off the temptation for deep sea mining interests to establish a foothold in our Hawaiʻi nei, and ensure our public trust ocean resources remain intact for present and future generations.

Mahalo nui for the opportunity to testify.

Housing Relief - SB2919 SD2 HD1 also has a hearing scheduled for tomorrow, Tuesday, at 4 p.m. before the House Finance Committee. This measure would close a loophole preventing counties from reserving their limited housing supply for long-term residential uses, rather than for short-term vacation rentals. Please consider supporting this proposal to allow counties to directly address their residents’ housing needs, and head off a housing crisis that has been increasingly used to attack environmental and cultural protections.

Sample testimony:

My name is _____, a resident of ____, and I strongly support SB2919 SD2 HD1.

Our housing crisis has been exploited time and again to attack our environmental and cultural protections, in many cases without any direct benefit to our affordable housing supply. In contrast, this measure will empower counties to provide direct housing relief to their residents, and mitigate the impacts of real estate speculation on housing costs, by allowing counties to decide whether and how their housing units may be used for short-term vacation rentals instead of for long-term housing. Please pass this measure as a viable strategy to boost our long-term residential housing supply, without dismantling legal protections critical to the resilience and well-being of our islands and people.

Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”SB2329/2575/2919” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).

Please encourage your friends, family, and networks to do the same!

March 15, 2024

OPPOSE HB2358 - harmful environmental review exemptions

March 15, 2024/ Sierra Club Hawaiʻi Chapter

MARCH 15 UPDATE:

HB2358 HD1, which exempted certain “affordable” housing projects from any and all environmental review requirements under our environmental review laws, was passed with amendments that make it less problematic in the Senate Housing and Agriculture and Environment Committees on Thursday, with 127+ written testimonies in opposition. This bill is essentially defeated for this session!

MAHALO NUI everyone!

HB2358 HD1, the “EIS exemption” bill will be heard in the Senate Housing and Agriculture and Environment Committees on Thursday, March 14, 1pm in Senate conference room 225.

This bill would exempt certain “affordable” housing projects from any and all environmental review requirements under our environmental review laws, regardless of the severity of a project’s potential impacts. You can learn more about this harmful bill below.

Sample testimony:

Aloha Chair Chang, Chair Gabbard, Vice Chair Hashimoto, Vice Chair Richards, and Members of the Committees,

My name is ______ and I respectfully OPPOSE HB2358 HD1, which needlessly threatens our environmental and cultural integrity and overall quality of life through an outright exemption to environmental review for certain “affordable” housing projects.

Current rules already allow for a carefully-tailored categorical exemption to environmental review for certain "affordable" housing projects in the urban district, provided that they are unlikely to result in significant impacts to public trust resources, cultural practices, and other environmental considerations. Exemptions granted under the current rules are also subject to public notice requirements that minimize the potential for unanticipated significant impacts due to project planners’ lack of familiarity with any given project site. This exemption was carefully crafted after close consideration of the myriad public interests that may be at stake in the development of such projects.

This measure would instead allow all such projects to be developed without any environmental review, and without any public notice, regardless of the severity of potential environmental, cultural, and socioeconomic impacts and threats to the public's interest.

Our environmental review law allows decisionmakers and the public to make more fully-informed decisions that can balance and mitigate potential long-term impacts to the public interest. This ensures prudent planning while reducing conflict, minimizing adverse outcomes, and safeguarding the health and well-being of present and future generations. Please do not roll back this critical law under the mistaken guise that we would simply be "codifying" existing rules - this measure goes far beyond what our existing rules allow.

Accordingly, I respectfully urge the Committees to HOLD HB2358 HD1. Mahalo nui for the opportunity to testify.

February 27 update:

Unfortunately, HB2358 HD1 was passed out of the House Finance Committee. Thank you to everyone that lent your voice to this issue, we still have a couple changes to defeat this bill on the Senate side!

HB2358 HD1 would turn a blind eye to any and all potential ecological, cultural, health, economic, and other impacts, including avoidable ones, from certain “affordable” housing projects by completely exempting them from any environmental review. This bill has a hearing on Monday, February 26 at 12:30pm in the House Finance Committee. Please act now to oppose this harmful bill before it advances to the Senate - details and sample testimony below.

What the bill does & why it is bad

Environmental review processes safeguard our native ecosystems, cultural sites, public health, economy, and quality of life by ensuring that project decisionmakers consider impacts to these and other public interests, as well as ways these impacts might be mitigated. These reviews enable informed decisions that balance and mitigate long-term impacts on our environment, culture, and society.

HB2358 HD1 would exempt certain “affordable” housing projects from any and all environmental review requirements under our environmental review laws, regardless of the severity of a project’s potential impacts.

This goes far beyond Hawaiʻi’s environmental review rules, which allow for a “categorical exemption” to environmental review for certain "affordable" housing projects on urban lands. This exemption only applies to projects that are unlikely to result in significant environmental impacts, such as when a project occurs in a “particularly sensitive environment” like critical habitat for endangered species, or an area of particular cultural sensitivity. Public notice and recordkeeping requirements as well as our Sunshine Law allow for community review, and in some cases community input, in decisions to issue a categorical exemption for “affordable” housing projects under the current rules.

HB2358 HD1 would instead allow for such projects to be developed without any environmental review or any public notice, regardless of the severity of a project’s potential environmental, cultural, and socioeconomic impacts, the sensitivity of project sites, or the potential to mitigate any threats to the public interest through better project planning.

Notably, the “urban” district where these projects may take place contains vast areas that are not fully developed, and that may host sensitive natural and cultural features and traditional and customary Native Hawaiian practices. For example, this district includes most of the coastal region from Kahana through Kahuku on Oʻahu; Kaunakakai on Molokaʻi; Hāna, Maui; and Keauhou on Hawaiʻi Island; among many, many other areas. As is reflected in the current rules, affordable housing projects should not be totally excused from environmental review protections even included in supposedly “urban” areas.

While the critical need for affordable housing in Hawaiʻi is recognized and felt urgently, exempting developments from all environmental and cultural review may seriously and needlessly impact our environmental and cultural integrity and overall quality of life, for generations to come.

Sample testimony

Aloha Chair Yamashita, Vice Chair Kitagawa, and members of the House Finance Committee,

Accordingly, I respectfully urge the Committee to HOLD HB2358 HD1. Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter ”HB2358” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able! Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

March 08, 2024

Crossover Check-in

March 08, 2024/ Sierra Club Hawaiʻi Chapter

Yesterday was first crossover, marking the midway point of the 2024 Legislative Session! Thanks to the consistent engagement and advocacy of our members and supporters, we have been able to defeat many misguided measures, and have made remarkable progress on others. Read on for a summary of highlights from the legislature thus far:

Red Hill Bills

Still alive is HB2690 HD2, which would establish a WAI Policy Coordinator, additional staff positions to assist the coordinator, and a Red Hill remediation special fund. We have supported this bill with amendments to better protect the Policy Coordinator’s work from being influenced or undermined by political pressure in the years and decades it will take to fully remediate our ʻāina and wai.

Also alive is HB1896 HD1, which would expand the ban on PFAS-containing products passed via Act 152 in 2022. This bill would prohibit the manufacture, sale, or distribution of food packaging, food serviceware, and cosmetic and personal care products containing PFAS “forever chemicals” beginning on January 1, 2027. A substantially similar bill, SB504 SD1 HD3, died at the last minute during conference committee last year - fingers crossed that we can get this year’s proposal past the finish line this year!

Unfortunately, most of the other Red Hill-related bills have failed to meet their legislative deadlines.

Wai Bills

SB3327 SD1 is a transformative measure that would finally implement decades-old recommendations to free the Water Commission from special interest political influence in the management of our precious wai. This bill would authorize the Water Commission to choose its own Chair (currently selected by the Governor) and hire independent legal counsel (rather than rely on the Governor's Attorney General). It would also clarify that employment decisions over the Commission’s lead staff person should be made by the Commission and not the Chair alone, based on objective and transparent criteria. It would further give the Commission the authority to enforce its laws and orders with meaningful penalties, and streamline its authority to respond to water emergencies such as those threatened by Red Hill or the Lāhainā fires (read more about SB3327 SD1 at the Sierra Club's Capitol Watch website).

With overwhelming community support, including and particularly from the Maui Komohana community, SB3327 SD1 was heard and passed by the Senate Water and Land, Judiciary, and Ways and Means Committees. Stay tuned as we continue to push this measure through the House of Representatives.

Also still in play is HB1544 HD1, a bill that would give the Water Commission the authority to levy meaningful fines against recalcitrant and deep-pocket water code violators. A substantially similar bill was vetoed by Governor Josh Green last year, despite the urging of over three dozen community organizations and countless individuals to let it pass into law. According to Water Commission staff, Governor Green’s veto justification last year appeared to be based on testimony from the Land Use Research Foundation, which misleadingly suggested that affordable housing would somehow be impacted by county water departments’ immediate implementation of the increased fines. Legislators fortunately so far have seen past the exploitative fearmongering around our housing challenges by opponents of this measure, and it has passed over to the Senate.

Invasive Species

It appears that our legislators have heard the calls from their constituents for meaningful and proactive action to control and eradicate invasive pests, like the little fire ant and coconut rhinoceros beetle, that could permanently impact life on these islands. Thanks in large part to the voluminous and clear testimonies from the community, HB2758 HD2, the omnibus biosecurity bill, has sailed through its House Committee hearings, despite protests by the Department of Agriculture. SB3237 SD1, in a last minute hearing by the Judiciary and Ways and Means Committees, was also heard and passed on March 1st. Continued community support will be critical to keeping these bills moving through the Senate and House, respectively.

Clean Elections

SB2381 SD2, a “clean elections” bill that would offer public campaign funding for candidates for office, has already crossed over from the Senate to the House. This is another potentially transformative measure that would free both incumbents and challengers from having to solicit campaign contributions from deep-pocket special interests, and instead spend their time and energy focused on the needs and interests of their constituents - including those who care deeply about protecting our environmental and cultural integrity for current and future generations.

Bad Bills Countered/Stopped

As usual, we have seen a number of measures that would have resulted in long-term sacrifices of our environmental and cultural integrity, public health, food security, and quality of life, for questionable public benefit. Fortunately, thanks in large part to community advocates and thoughtful decisionmakers, many of these bills have been stopped or amended to mitigate their potential harmful impacts. These include:

Land Use Commission

SB2175 - this measure would have stripped the Land Use Commission of its ability to protect our food security, cultural practices, natural resources, affordable housing opportunities, and other important public interests in land use district changes (e.g., agricultural to urban) of up to 100 acres at a time. Water and Land Chair Lorraine Inouye, hearing the concerns of dozens of testifiers, fortunately deferred this measure after its first hearing.

SB2204 SD1 - this measure would have allowed counties to forego “technical studies” - including environmental review - in petitioning the Land Use Commission for land use district boundary changes involving potentially thousands of acres at a time. Water and Land Chair Lorraine Inouye, responding to community concerns, amended this bill to ensure that counties are not excused from submitting “archaeological, cultural, and biological survey” studies as part of their district boundary amendment petitions for changes to the agricultural and conservation districts. While this was a positive amendment, the bill language still raised the risk of potentially incomplete petitions that would prevent the LUC from fulfilling its statutory and constitutional responsibilities. Fortunately, the bill died after failing to receive a hearing by the Judiciary Committee.

Environmental Review

SB3047 SD1 would have created a new category of actions exempted from the environmental review requirements of our environmental review law, namely, certain “affordable” housing projects in the urban districts. Unlike the current and carefully balanced regulatory exemption for certain affordable housing projects, this measure would have completely exempted all such projects from any environmental review, even if they raised the potential for severe ecological, cultural, public health, or economic impacts. Moreover, the public would not be given any notice regarding the exemption of these projects from environmental review, unlike under the current regulatory requirements. Fortunately, SB3047 SD1 died after not receiving a hearing in the Ways and Means Committee. Unfortunately, its companion, HB2538 HD1, has made it to crossover. Stay tuned for our next chance to stop HB2538 HD1.

Threatened and Native Species

HB2472 and SB3161 would have rolled back existing protections for threatened species, lowering the standard for protective measures and even giving the Department of Land and Natural Resources the ability to override the judgment and expertise of the Endangered Species Recovery Committee, among other provisions. Fortunately, both measures were deferred after their first hearing.

Energy and Resiliency

As originally proposed, SB2994 and SB2335 would have prevented our building codes from being updated for the better part of a decade, locking in building standards that do not respond to the rapidly changing realities of our climate crisis, and thereby jeopardizing human health and safety as well as our islands’ climate resiliency, and even foreclosing critical federal funding opportunities that are contingent on up-to-date codes. SB2335 would have further given developer interest groups more seats on the State Building Code Council, and required a “cost benefit analysis” before any updates are made to the state building code. SB2335 was killed by the Government Operations committee, and SB2994 was amended in its SD1 to ensure that energy code updates still occurred on the current schedule, mitigating concerns regarding the climate resiliency of new buildings. HB2089 HD1, a very similar bill to SB2994, was also amended to ensure that the energy code remains updated on the current schedule - read more about the remaining concerns with this bill below.

Bad Bills Still Alive

Unfortunately, there are still a small handful of bills that raise serious concerns regarding their impact to our environmental and cultural integrity. These include:

HB2358 HD1, the companion to SB3047 SD1 described above, which would completely exempt certain “affordable” housing projects from any of the requirements under our environmental review law.

SB2677 SD1, which would roll back our general requirement that new single-family residential units be equipped with solar hot water heaters. As currently drafted, the bill would allow for variances to be issued for gas-powered heaters for units in a "low or moderate income" district, or in a region prone to wildfires. Given the health impacts of gas appliances, and the ever-increasing costs of fossil fuels, this bill would saddle future tenants of new residential developments with both the costs and health impacts of gas water heaters while also walking back Hawaiʻi’s commitments to a carbon negative future.

HB2089 HD1, a similar bill to SB2994 SD1, would delay the adoption of the International Building Code and International Residential Code into the State Building Code for nearly a decade at a time (current law requires these codes, along with the International Energy Code, to be adopted within two years of their publication). This would result in buildings that do not reflect the latest technological, planning, and construction standards developed in response to climate threats such as wildfires, hurricanes, and floods. Given what we know about the impending impacts of the climate crisis, this measure may render our residents and communities more vulnerable to climate impacts, in an era when we should be doing all we can to protect ourselves from an increasingly unstable environment.

These are just some of the many, many bills that we have tracked and testified on this legislative session. As you can see, we cannot do this work alone - and in many cases, engagement and advocacy from readers like you have made all the difference in what has been accomplished thus far. THANK YOU SO MUCH to all who have responded to our action alerts, shared bills of concern, and otherwise done your part to engage with the legislature this year!

February 09, 2024

Support the Clean Elections bill!

February 09, 2024/ Sierra Club Hawaiʻi Chapter

February 9 update:

Big news: the Clean Elections bill, SB2381, got scheduled for its next hearing in the Senate on Tuesday February 13th at 10:05 AM! That’s surely in no small part thanks to the hundreds of messages that people like you sent to Ways and Means Committee Chair Donovan Dela Cruz and Vice Chair Sharon Moriwaki. Mahalo to all of you, and to them for hearing our demand.

Now, it’s time to pass it out of this committee, and we really need all hands on deck. Ways and Means is the “budget and finances” committee of the Senate — the $$$ committee. It’s big: 13 members. And powerful: it’s often where good ideas come to die. So it’s our job to make sure the Senators know that it’s time for them to put local people over big money. We need your help to let them know that we are ready for Clean Elections.

Here’s how:

We need you to submit written testimony in support of SB2381 before Monday at 10am. This is critical. No in-person oral testimony is allowed in these Ways and Means hearings, so we need to FLOOD them with overwhelming written support, which has to be submitted 24 hours before the hearing. See instructions and sample testimony below.
After you’re done with that, forward this message to two of your friends and ask them to do the same.
If on O‘ahu and can, mark your calendar for this Tuesday 2/13 at 10am and join us in-person at the Capitol in Conference Room 211. Since oral testimony isn’t allowed, it’s even more important we have a big, visible presence. If we fill the room with ordinary local people, we’ll make sure our Senators know that we are watching and ready for them to do what is right by us, not their big money donors.

Here are the instructions and sample testimony:

Click this link
Log in if you have an account already. If you don’t, click the link to register for an account.
Click the “Submit Testimony” Button in the top left corner.
Enter “SB2381” in the Search bar on the left.
Follow the on-screen instructions and select the “Support” option
Hit the “Submit” Button before Monday at 10am, and if can, join us in person on Tuesday at State Capitol Conference Room 211.

Sample testimony:

Aloha Committee Members,

Money has dominated Hawaii's political system for too long, leading to bad policies being passed and good ones being killed. SB2381 can break the link between private money and winning elections by freeing candidates from the need to fundraise from wealthy donors and special interests. This can lead to a more ethical and representative government that prioritizes the needs of constituents. Connecticut, Maine, and Hawaii County Council have proven that full publicly financed elections can be successful and cost-effective. These examples haven’t resulted in incumbents losing at higher rates or the majority parties losing seat, but it has resulted in shifts in how the sitting legislators are influenced. We can easily afford this program's low cost of less than $10 million per year. If we are serious about ending corruption and creating a system that works for all residents and not just the wealthy few, we need to pass SB2381 now.

Mahalo.

The time has come! The “Clean Elections” bill for full public financing of elections has been scheduled for its first hearing in the Senate Judiciary Committee on Tuesday, February 6th at 10am and we need YOU to submit testimony in SUPPORT of SB2381 to show the overwhelming public support for creating a fairer, less corrupt election system. This is a critical opportunity to make sure our legislators, the media, and the public know where the people stand.

Please submit written testimony now in advance! If you can, join to testify via Zoom at 10am on the 6th or if you're on O'ahu, in person at the Capitol in room 016.

How to submit testimony:

Click this link
Log in if you have an account already. If you don’t, click the link to register for an account.
Click the “Submit Testimony” Button in the top left corner.
Enter “SB2381” in the Search bar on the left.
Follow the on-screen instructions and select the “Support” option
Hit the “Submit” Button before Monday at 10am, and if can, join us in person at State Capitol Conference Room 016.

Sample Testimony for SB2381:

Aloha Committee Members,

Submit Testimony today in support of this critical legislation, and join us on Tuesday 2/6 via Zoom or in-person in Capitol Conference Room 016.

P.S. Here are some additional talking points you can use for your testimony, and here’s a link to a social media post to spread the word!

February 04, 2024

Oppose two zombie LUC bills

February 04, 2024/ Sierra Club Hawaiʻi Chapter

February 9 update:

The Committee on Water and Land deferred SB2175 after 45+ pieces of testimony in opposition, meaning it is essentially dead for this session (although it could come back to life through a gut-and-replace like move later in session). The committee did however pass SB2204 with amendments, with all senators voting in favor except Senator Fevella. You can watch the hearing here. SB2204 now moves to the Senate Judiciary Committee.

Year after year at the capitol, we see the same old tired special interest proposals that would compromise our children’s and future generations’ food security, climate resiliency, social fabric, and quality of life for corporate profit margins. We call these measures “zombie bills,” because no matter how many times they are killed, they keep getting re-introduced.

Remember HB 676 from last year, which was changed to gut the LUC at the bill’s final conference committee hearing -- where no testimony was allowed? That bill would have prevented the Land Use Commission (“LUC”) from applying its decades of institutional knowledge and practice, and its critically important “quasi-judicial” approach to decisionmaking, in vast (i.e. 100 acre) land use district changes (e.g., changing agricultural or rural lands to urban). Despite only having a few days' notice before a final floor vote, Sierra Club members and other citizens won a historic victory and had it killed on the last day of the session.

But like a zombie that keeps coming at you, an HB676 clone is here - and SB2175 has a hearing this Wednesday, February 7.

As the LUC has demonstrated time and again, it is uniquely able to apply its decades of experience to effectively and efficiently navigate and balance highly complex public interests (including environmental, cultural, agricultural, socioeconomic, climate, and affordable housing concerns) that may be impacted by large-scale development proposals. Of course, this inconveniences developers who would prefer not to consider the public’s interests in their drive to squeeze ever more profits from our islands’ limited land base - and who have no qualms weaponizing our housing crisis to push proposals like this one.

(Important reminder: despite what developer lobbyists claim, the LUC is no impediment to affordable housing. No completed affordable housing application has been denied within the extremely short 45-day statutory deadlines imposed on the LUC, and tens of thousands of housing units have been approved by the LUC, but never built.)

The LUC also evaluates and approves land use changes using a “quasi-judicial” process, where expert and kamaʻāina testimony and other evidence is explicitly considered in findings of fact, conclusions of law, and conditions of approval - providing a transparent and objective basis for its decisionmaking. The counties, on the other hand, utilize a “quasi-legislative” process when approving land use changes, where public testimony is simply received and a decision rendered, without any express justification whatsoever. Importantly, county level decisions are all ultimately made by the county councils, where the influence of campaign donations can be easily felt. As an appointed body, the LUC is more immune to that direct financial political pressure.

By decimating the LUC’s ability to oversee large-scale land use changes, this disingenuous bill accordingly represents yet another assault on common sense and the public interest, disguised as a purported “solution” to our housing needs.

Another zombie measure also scheduled for Wednesday’s hearing, SB2204, is a bit more insidious. It purportedly allows counties to initiate land use changes consistent with their general plans - something they are already allowed to do - but sneakily exempts them from having to provide “technical studies” when doing so. Technical studies, such as environmental impact statements, provide a granular assessment of potential and avoidable threats and impacts to human health and safety, native and endangered species, cultural and subsistence resources and practices, access trails for hunting and hiking, impacts to adjacent watersheds and farms, and more. By doing away with “technical studies” for county-initiated land use district changes, this measure would deprive both the LUC and the public from the information they need to understand and address the ramifications of new and intensive proposed land uses implicating hundreds if not thousands of rural, agricultural, or even conservation lands at a time.

Emboldened by the Governor’s anti-democratic and illogical rhetoric around his original Emergency Proclamation on Housing, developer lobbyists seem to think that they may have a chance at exploiting our housing crisis to get these long-rejected proposals passed. Your testimony and that of others who love and care about our islands and our future may be crucial to stopping these bills in their tracks.

Bad LUC Bills: SB2175 and SB2204

What they do:

SB2175 eliminates the Land Use Commission’s authority to protect the public interest, including by explicitly evaluating kamaʻāina and expert testimony, in the urbanization of up to 100 acres of rural and agricultural lands.

SB2204 exempts counties from preparing detailed reports regarding potential impacts to human health and safety, native habitat, cultural resources, local farms, watershed integrity, and more when converting conservation, agricultural, and rural lands to urban uses.

Sample testimony for SB2175

Aloha Chair Inouye, Vice Chair Elefante, and Members of the Committee,

My name is ______ and I respectfully OPPOSE SB2175.

There are a range of public interests that may be impacted, potentially for generations, by large scale land use changes. These interests - environmental, cultural, agricultural, socioeconomic, and others – must be carefully and transparently balanced, to address public concerns, mitigate unnecessary impacts, and minimize conflict and controversy. The Land Use Commission has decades of experience in doing just this, and should not have its ability to oversee land use district reclassifications limited or eliminated.

Forcing county planning departments to take on the new burden of solely administering land use district reclassification and balancing the myriad public interests in large scale land use changes could have significant, long-lasting, and avoidable impacts on those interests. This could even have the inadvertent effect of delaying affordable housing production, by reducing planning departments’ capacity to administer other permits and applications needed for housing development and redevelopment.

Rather than reduce the LUC’s authority, the committees may wish to consider providing it with enforcement tools that can better hold developers accountable when they fail to produce promised affordable and workforce housing units after their petitions for district boundary amendments are approved.

Accordingly, I respectfully urge the Committee to HOLD SB2175. Mahalo nui for the opportunity to testify.

Sample testimony for SB2204

Aloha Chair Inouye, Vice Chair Elefante, and Members of the Committee,

My name is ______ and I respectfully OPPOSE SB2204.

This measure authorizes counties to initiate district boundary amendments consistent with their general plans - something they are already allowed to do - but inexplicably exempts them from having to provide “technical studies” when doing so.

“Technical” studies, such as environmental assessments, provide a much-needed analysis of the details of proposed land use changes, details that are not included or assessed in county general plans. These studies can identify and minimize potential threats and impacts to human health and safety, native and endangered species, cultural and subsistence resources and practices, access trails for hunting and hiking, impacts to adjacent watersheds and farms, and more. By doing away with “technical studies” for county-initiated land use district changes, this measure would deprive both the LUC and the public from understanding and addressing the ramifications of proposals involving the urbanization of hundreds if not thousands of rural, agricultural, or even conservation lands at a time.

Please do not pass this measure that would only risk imposing significant and unnecessary burdens on our communities, our children, and future generations, by excusing counties from their due diligence duties.

Accordingly, I respectfully urge the Committee to HOLD SB2204. Mahalo nui for the opportunity to testify.

Testimony instructions:

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "SB2175”/”SB2204” where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

February 02, 2024

Red Hill bill action alert: WAI bills

February 02, 2024/ Sierra Club Hawaiʻi Chapter

2/6 update:

EEP and WAL both passed HB2960 with amendments. EEP votes - Aye: Reps. Lowen, Cochran, Gates, Kahaloa, Perruso, Woodson; excused: Rep. Ward. WAL votes - Aye: Reps. Ichiyama, Poepoe, Chun, Ganaden, Hashem, Mizuno, Morikawa, Takayama, Souza. Watch the hearing here.

EEP and WAL both deferred HB2961. Watch the hearing here.

WTL and AEN passed SB3338 with amendments. Votes - Aye: Sens. Inouye, Elefante, Chang, McKelvey, Fevella; Aye: Reps. Gabbard, Rhoads, Awa; 2 Excused: Sens. Richards and DeCoite. Watch the hearing here.

Last year, Honolulu and state officials established the Red Hill Water Alliance Initiative (WAI) and released a report promising a long-term commitment to Oʻahu’s water security for generations to come.

While the report held some promise, it’s recipe for remediation missed some key ingredients.

Now, the legislature is proposing bills that would enact parts of the WAI report. While we support efforts for long-term monitoring and environmental remediation, there are critical amendments that must be made to the WAI report bills to ensure that they truly heal our contaminated ʻāina and wai.

Four (!) WAI report bills are being heard next Monday, February 5 and Tuesday, February 6 in the Senate Committees on Water and Land and Agriculture and Environment and the House Committees on Water and Land and Energy and Environmental Protection. Please take a moment to submit written testimony for the bills and attend the hearing in-person or virtually to provide verbal testimony. Details and sample testimony below.

What the bills do

HB2690/SB3338 establishes a WAI policy coordinator and other positions within the Department of Land and Natural Resources and appropriates money for a Red Hill remediation special fund.

HB2691/SB3339 establishes a Red Hill Remediation Authority and creates the Red Hill Remediation Special Fund.

What needs improving

Overall, there is no clear affiliation between the WAI policy coordinator, responsible for policy, health studies, and public information about the WAI initiatives, and the Red Hill Remediation Authority, responsible for the implementation of the WAI report initiatives. It is also unclear why these roles are separated, which experience has shown may only lead to jurisdictional confusion and finger-pointing rather than problem-solving. There should be a single entity tasked with implementing the WAI report’s goals for remediation.

Moreover, both bills ignore the political realities that gave rise to the current crisis, allowing the current and future governors to largely control whether and how the Navy will be held accountable to cleaning up its mess. As many are acutely aware, the political influence of the Navy and their contractors resulted in multiple administrations ignoring the clear and present threat the Red Hill facility posed to our island and people:

Governor Neil Abercrombie’s administration negotiated a toothless “Administrative Order on Consent” with the EPA and Navy after the major 2014 spill, which remains largely unfulfilled to this day.

The Sierra Club of Hawaiʻi had to sue Governor David Ige’s Department of Health not once, but twice, simply to have it uphold the law and require the Navy to apply for an underground storage tank permit for its Red Hill facility. Even after thousands of people were poisoned in November 2021, Governor Ige also refused to call for the Red Hill facility to be shut down, stating that the military is “a vibrant part in our economy” as his only excuse.

And Governor Josh Green has not hesitated to sing the Joint Task Force’s praises, announcing that they had “safely removed all the fuel” from the facility’s underground storage tanks, when that was far from the truth - and when we are years away from replacing the Hālawa shaft and decades away from healing our lands, water, and poisoned residents.

Both approaches effectively give a politically beholden administration the ability to oversee the healing of our contaminated lands and waters. This will all but ensure that the Navy will be able to use its political influence to defer and delay meaningful action to uphold its remediation responsibilities in the years and decades ahead. It was ultimately the community’s tireless demands that has led to the progress we have made, and any agency tasked with holding the Navy accountable must be accountable to the community.

Sample testimony for SB3338 and SB3339

Aloha Chair Inouye, Chair Gabbard, Vice Chair Elefante, and Vice Chair Richards,

Mahalo for the opportunity to SUPPORT WITH AMENDMENTS SB3338 and SB3339.

I appreciate that these measures reflect a continued commitment to pursue the full remediation of our lands and waters contaminated by the Navy’s Red Hill Bulk Fuel Storage Facility. However, I strongly urge you to amend these measures by:

1) Creating a single entity to work on the implementation of the Red Hill WAI Report’s goals, including through continuous public education and engagement. Creating two separate entities with overlapping roles only risks jurisdictional confusion and could lead to finger-pointing rather than problem-solving, as we have seen in other instances including throughout the Red Hill crisis;

2) Appropriately staffing this entity with individuals who have the requisite relevant expertise (in public relations, grant writing, remediation technology, community organizing, etc.) to meaningfully hold the Navy accountable and realize the WAI Report’s vision; and

3) Ensuring that this entity is adequately insulated from the military’s political influence over Hawaiʻi’s executive and legislative branches, which led to the governmental inaction that contributed to the poisoning of our ʻāina and wai. As it will take decades to fully remediate the contamination from the Red Hill facility, failing to do so will inevitably allow the Navy to exert its influence to excuse its inactions and ultimately evade the accountability these measures seek. Accordingly, any remediation entity should be governed by a board where the majority of its members are appointed by appropriately independent organizations with a vested interest in the integrity of our ʻāina and wai. For example, the Honolulu Board of Water Supply, the Association of Hawaiian Civic Clubs, the Office of Hawaiian Affairs, the University of Hawai‘i Water Resources Research Center, and the Sierra Club of Hawaiʻi, and/or other appropriate entities, could and should be allowed to designate members of this board.

Accordingly, I respectfully but strongly urge you to PASS these measures with the critical AMENDMENTS listed above.

Mahalo nui for the opportunity to testify.

Sample testimony for HB2690 and HB2691

Aloha Chair Ichiyama, Chair Lowen, Vice Chair Poepoe, and Vice Chair Cochran,

Mahalo for the opportunity to SUPPORT WITH AMENDMENTS HB2690 and HB2691.

Accordingly, I respectfully but strongly urge you to PASS these measures with the critical AMENDMENTS listed above.

Mahalo nui for the opportunity to testify.

Testimony instructions

Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "HB2690, HB2691, SB3338, or SB3339" where it says "Enter Bill or Measure."
Input your information and your written testimony, select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4)

January 19, 2024

Find your legislators + check out the new committees

January 19, 2024/ Sierra Club Hawaiʻi Chapter

Do you know who represents your community? It is important to know who your lawmakers are because they represent your interests in government, make decisions that impact your community, and shape policies affecting your daily life.

Find your representatives and senators here.

It is also important to know which legislators lead and participate in committees that will hear issues important to you and your community.

Be sure to check out the Senate and House leadership and committee assignments.

January 08, 2024

Environmental Legislative Network kick-off meeting this Thursday!

January 08, 2024/ Sierra Club Hawaiʻi Chapter

You are invited to the first Environmental Legislative Network Meeting of the year THIS Thursday, January 11, at 5pm. Join us at the Earthjustice Conference Room, 850 Richards St #400, Honolulu, HI 96813 to meet old and new members, discuss legislative priorities, and kick off the 2024 legislative session. Pupus and drinks provided.

For over a decade, the Environmental Legislative Network (ELN) has served as the go-to network for activists, community leaders, students, professors, elected officials, and others to share news and calls to action about policy proposals impacting Hawaiʻi’s natural and cultural public trust resources.

Please spread the word and bring your friends! Also, be sure to e-mail info@conservehi.org if you would like to join the ELN email list and are not already a member.

See you Thursday!

January 02, 2024

Create a legislature website account

January 02, 2024/ Sierra Club Hawaiʻi Chapter

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.

If you have participated in the legislature before, you likely already have an account and you do not need to create a new account every year.

You can also helpful documents on navigating the capitol website, writing and submitting testimony, committee schedules, calendar and more on the Public Access Room’s website here.

January 02, 2024

2024 Legislative Calendar

January 02, 2024/ Sierra Club Hawaiʻi Chapter

December 21, 2023

Sign up for email updates

December 21, 2023/ Sierra Club Hawaiʻi Chapter

With heightening climate crisis impacts, fuel and forever chemicals poisoning our water, a skyrocketing cost of living, development threatening significant lands and countless other issues impacting our lives as we know it and the future well-being of the islands, Hawaiʻi needs policies and lawmakers that take a stand for our shared environment and all the lives that depend on it.

We need people like you to share your voice and take action on issues you care about and encourage your friends and family to do the same. One way to do that is to stay up to date on the Sierra Club of Hawaiʻi's 2024 legislative priorities by subscribing to our CapitolWatch email list—you will receive updates and action alerts straight to your inbox.

2024 Blog

April 26 update:

APRIL 18 update:

APRIL 5 UPDATE:

APRIL 3 UPDATE:

APRIL 1 update:

March 19 update:

MARCH 17 UPDATE:

MARCH 13 UPDATE:

March 9 update:

Sample testimony:

March 1 update:

FEBRUARY 28 UPDATE:

Testimony instructions:

February 9 updates:

SB3327: Free the Water Commission

Why this bill is important:

Sample testimony

Testimony instructions

APRIL 5 UPDATE:

April 1 update:

March 20 update:

MARCH 18 update:

MARCH 15 UPDATE:

March 11 update:

Sample testimony:

March 9 update:

Sample testimony:

March 1 update:

FEBRUARY 28 update:

FEBRUARY 23 UPDATE:

FEBRUARY 21 UPDATE:

February 15 update:

February 12 update:

Sample testimony for HB2758 HD1:

Testimony instructions:

February 9 update:

BILL(S) BACKGROUND

April 5 update:

March 22 update:

Sample testimony:

TESTIMONY INSTRUCTIONS

MARCH 15 UPDATE:

February 27 update:

What the bill does & why it is bad

Sample testimony

Testimony instructions

Red Hill Bills

Wai Bills

Invasive Species

Clean Elections

Bad Bills Countered/Stopped

Bad Bills Still Alive

February 9 update:

Bad LUC Bills: SB2175 and SB2204

What they do:

Sample testimony for SB2175

Sample testimony for SB2204

Testimony instructions:

What the bills do

What needs improving

Sample testimony for SB3338 and SB3339

Sample testimony for HB2690 and HB2691

Testimony instructions

CapitolWatch | Sierra Club of Hawaiʻi