Civil Beat: Dozens Of Climate Change Bills Went Down The Political Drain This Session

Hawaii 2040

There was a lot of talk about the need to address sea level rise and other problems but virtually no action in the Hawaii Legislature.

By Nathan Eagle    

The Hawaii Legislature nudged the islands toward an electric ground transportation sector this session and funded future studies on taxing carbon emissions and boosting overall sustainability.

But lawmakers largely avoided taking any bold action to prepare and protect the state from a rapidly changing climate before adjourning last week.

Dozens of bills to more aggressively address rising seas, stronger storms, longer droughts, increased wildfires and other forecasted threats to billions of dollars’ worth of coastal property, valuable reefs and the overall economy failed to pass, often without so much as a single public hearing.

That’s despite the session opening in January on the heels of several seminal state, federal and international scientific reports that underscore the urgency and heightened risk that Hawaii in particular faces as the world struggles to slow down global warming from greenhouse gas emissions.

Gov. David Ige and leaders in the Legislature vowed to step up the state’s efforts to address climate change after President Donald Trump pledged to pull the U.S. out of the Paris accord and started rolling back federal clean energy initiatives.

Although there have been plenty of promises and goals to move Hawaii in that direction, the pace to implement them has been slow.

“I’m not sure why our leaders in the Capitol feel that we can wait before considering the many thorny problems we will encounter as we build a just, equitable, sustainable and resilient community that is fully adapted to the flooding related to sea level rise,” says University of Hawaii professor Chip Fletcher, a leading expert on climate change.

He was disappointed that specific efforts to address sea level rise in the islands failed to gain traction. 

Several of those measures would have incorporated sea level rise planning into state laws and included the recommendations of the state’s 300-page report on sea level rise adaptation and mitigation, released in 2017 per a legislative request.

Fletcher was similarly dismayed by the defeat of a bill that would have added the words “sea level rise” and “climate change” to the state’s coastal zone management law.

“Are there climate change deniers in the Hawaii Legislature?” Fletcher said.

Kimiko LaHaela Walter of the Hawaii Democratic Party’s Environmental Caucus said the proposed changes could have helped the state protect its sandy beaches and the properties and infrastructure behind them.

“Sea level rise is a reality, and it is necessary to revise our statutes accordingly,” she said.

More than 13 miles of beach statewide have already been lost to erosion fronting seawalls and revetments, according to a University of Hawaii study. The proposed law would have encouraged developments to move farther from the shoreline instead of armoring properties, according to the Sierra Club.

Versions of the bill in the Senate and House had progressed this session but died when signals got crossed between lawmakers on which measure should ultimately be the vehicle to move forward.

Studies have shown that the value of all structures and land projected to be flooded by a 3.2-foot rise in sea level by the end of this century amounts to more than $20 billion. That doesn’t include the compounding effect on tourism, the state’s economic driver, or other industries.

More than 500 Hawaiian cultural sites are expected to be flooded and 20,000 residents are anticipated to be displaced. But there was no real movement this session on implementing the state’s plans for managed retreat or sea level rise adaptation.

The last National Climate Assessment, released by the Trump administration in November, says that “continued increase in the frequency and extent of high-tide flooding due to sea level rise threatens America’s trillion-dollar coastal property market and public infrastructure, with cascading impacts to the larger economy.”

Sen. Karl Rhoads, who chairs the Judiciary Committee, was disappointed in the session’s outcome on the climate front.

“It just didn’t feel like much urgency,” he said. “And if there’s ever an issue to be panicked about and show some urgency on, this is it. I don’t know what would be worse — you can already see the effects here.”

Rhoads recognized the nation-leading goals that the Legislature has set to eliminate the use of fossil fuels in the electricity sector, for instance. But he said now is the time to safely go from studying to doing.

“All the rest is rearranging deck chairs on the Titanic,” he said.

EV Surcharge And New Energy Czar

The Legislature sent some mixed signals too.

The state has some the nation’s strongest environmental goals, including reaching 100 percent carbon neutrality by 2045 and building an entirely renewable electricity sector by the same time.

But lawmakers passed a bill by a wide margin that will make it more expensive to own an electric vehicle. Senate Bill 409 slaps a $50 annual surcharge on EV registration fees.

The theory behind the measure is that EV owners, who account for about 1% of all registered vehicles, aren’t paying their fair share for state roads because they don’t pay the gasoline tax at the pump.

But as critics pointed out, the bill not only discourages EV adoption — which is contrary to state goals — it also fails to recognize that people driving gas-powered vehicles aren’t paying their share for the destruction those emissions cause.

Only Reps. Nicole Lowen, Calvin Say, Cynthia Thielen, Tina Wildberger and Sens. Les Ihara, Donna Mercado Kim, Russell Ruderman and Laura Thielen voted against it.

Melissa Miyashiro of Blue Planet Foundation said the new $50 registration fee, set to take effect Jan. 1, underscores the need to take a holistic view of the state’s much-needed transition to clean transportation.

“We need to make sure that our transportation policy as a whole is incentivizing — rather than penalizing — moving away from dirty fossil fuels,” she said. “We’re certainly in favor of everyone paying their fair share. That’s why we support establishing a tax on carbon pollution — ensuring that those who pollute pay their fair share for contributing to our climate crisis.”

The state won’t be taxing carbon emissions anytime soon. A proposal from Rhoads cleared the Senate but died in the House. Others died without a hearing.

A carbon pricing study did receive funding though, in the amount of $150,000. That’s expected to be fruitful, but it’s unclear when it will get done or who will do it.

Hawaii would be the first state to implement this type of tax, so there was a reluctance to rush into it.

“This is a complex tool with a number of choices to be made in how it is configured,” Fletcher said. “Legislators will need information that can come from this study when they consider how to price carbon-based activities in developing future policies. Let’s hope there are committed leaders in the Legislature who will push to implement the study findings and not let it sit on a shelf and collect dust.”

Lowen helped secure the funding for the study, which got tacked on at the end of session to a House Bill 852, which emboldens the state energy office.

That measure underscores how energy comprises one-eighth of the state’s overall economy, with electric bills for public facilities and public transportation services eclipsing $400 million annually.

Miyashiro said the bill has the potential to prevent over half a billion dollars of energy waste over the next 15 years.

Aside from establishing the Hawaii state energy office as an attached agency to the Department of Business, Economic Development, and Tourism, the bill creates a chief energy officer position who will be subject to Senate confirmation.

So it’s also a power play by the Legislature, which ribbed Ige’s administration this session over various appointees and policies. Senate and House leaders endorsed his opponent before he won re-election last year, and while they say they’ve put the election-year politics behind them, this session marked a notable reassertion of their authority as the lawmaking branch.

Lowen, who chairs the House Energy and Environmental Protection Committee, said that lawmakers delivered more on the climate front than the media has portrayed. News outlets last month aired the frustrations of  environmental groups who held a mock funeral over the death of several dozen climate-related bills.

“We passed some important steps forward that are maybe more practical than flashy but important nonetheless,” she said.

EV Charging Station Rebates

While acknowledging the lack of anything notable on sea level rise, Lowen said key energy bills did pass.

Hawaii will be the first state to codify appliance efficiency standards thanks to House Bill 556, a top priority for groups like Blue Planet, Ulupono Initiative and Sierra Club. Starting Jan. 1, 2021, the law applies to certain products, such as computers and monitors, shower heads and faucets, fluorescent lamps and sprinklers.

“Energy efficiency is the most important but most under-appreciated emissions reduction tool there is, and it lowers utility bills at the same time,” Lowen said.

Under House Bill 1585, the state will create a rebate program for the installation or upgrade of EV charging stations in publicly accessible commercial areas, workplaces and multi-unit dwellings, according to a House release. But the rebate won’t apply to single-family residences or parking stalls reserved for individual use.

“We want everyone to have the choice to use a low-cost electric vehicle, not just those that live in single-family homes or can easily charge at home,” Miyashiro said, noting pent-up demand.

Supporters said this helps lay the groundwork for an EV future in Hawaii, but others lamented the Legislature’s decision to not require new construction of multi-family and commercial buildings to make a certain percent of parking stalls ready for EV chargers. That measure, Senate Bill 1000, died in the final days of the session.

“We have a lot of work to do next session to advance meaningful policies that make clean transportation options more affordable for everyone and don’t reward choosing climate-changing gasoline vehicles over clean, cost-saving electric vehicles,” Miyashiro said.

$150K For Sustainability Plan

The Legislature also passed House Bill 1558, which requires the Office of Planning to update the Hawaii 2050 Sustainability Plan before the start of the 2021 legislative session. It says the plan “shall serve as the state’s climate and sustainability action plan to determine future actions guiding the coordination and implementation of Hawaii’s sustainability and climate adaptation goals, principles and policies.”

Lawmakers in 2005 had required 10-year updates of the plan but did not give any funding beyond fiscal year 2007 for state agencies to do the work. This bill provides $150,000 for the next update.

Next year, Lowen said a top priority for her will be sea level rise, building resilience and microgrids.

“Time is of the essence,” she said, “but it’s normal that some of these bigger bills take a couple years.”

Meanwhile, the forecast remains dire and reports show the need to act faster. The National Climate Assessment, for instance, says there is a need for “more immediate and substantial global greenhouse gas emissions reductions, as well as regional adaptation efforts” to avoid the most severe long-term consequences.

The report adds that mitigation and adaptation actions also present opportunities for benefits that are often more immediate and localized, such as improving local air quality and economies through investments in infrastructure.

It’s as much about money as the environment. The report underscores that “with continued growth in emissions at historic rates, annual losses in some economic sectors are projected to reach hundreds of billions of dollars by the end of the century — more than the current gross domestic product of many U.S. states.”

Hawaii Board of Land and Natural Resources Chair Suzanne Case said in a statement Friday that she appreciates the Legislature’s consideration of a wide array of proposed measures to curb Hawaii’s reliance on fossil fuels and to reduce carbon emissions, the leading cause of global climate change.

“Since this was the first legislative session in a two-year cycle, climate change and carbon reduction bills are still pending,” she said. “We and all the numerous organizations and people engaged in climate change solutions will continue working with legislators to work out urgently needed legislation.”

Case noted that the state is nonetheless moving forward, thanks to the Legislature passing measures for clean transportation infrastructure and vehicles such as EVs.

“These strategic changes help Hawaii meet its goals in very real ways,” she said.

Case also noted that the Legislature passed significant funding to protect critical watersheds across the state, one of Hawaii’s most critical climate change vulnerabilities and adaptation challenges.

Ige has until June 24 to submit a list of any bills he intends to veto to the Legislature. He then has until July 9 to actually veto any of those measures, sign them or let them become law without his signature.

Link to original article: https://www.civilbeat.org/2019/05/dozens-of-climate-change-bills-went-down-the-political-drain-this-session/

Post-Conference Update

From advocating for good bills, to killing bad bills, and watch-dogging for the resurrection of the water theft bill, we've been practically living at the Capitol over the past few weeks and riding the emotional rollercoaster that is legislative session.

Yesterday all the remaining bills needed to pass out of conference committee, where House and Senate conferees draft a final version of the bill. Over the next week, the bills that passed conference require a final reading from the House and Senate. If approved by both chambers, these bills are sent to the Governor for consideration. 

The bad news. Here are the bills we liked that died in conference:

These bills died because they did not get House/Senate conferees assigned, did not get scheduled for a conference hearing, or did not get approval from the Finance and Ways and Means Committee's to move forward.

  • HB 765 - Planning for sea level rise

  • HB 1191 and SB 789 - Raising the minimum wage

  • HB 1487 - Honolulu sea level rise pilot project

  • SB 412 - Automatic voter registration

  • SB 1000 - Requiring new buildings to be electric vehicle charger ready

The good news. Here are the bills we liked that passed conference:

  • HB 401 - Public agencies to implement vehicle fleet energy efficiency programs

  • HB 551 - Extending the work/funds for the cesspool conversion plan

  • HB 556 - Hawai‘i to adopt electric appliance efficiency standards

  • HB 808 - Species protection for rays

  • HB 852 - Restructuring the State Energy Office and appropriating funds for a carbon tax study

  • HB 1548 - Appropriating $750k to combat Rapid ʻŌhiʻa Death

  • HB 1558 - Appropriating funds for a 2050 Sustainability Plan Update

  • SB 301 - Taxation of Real Estate Investment Trusts

  • SB 375 - Strategic Plan to double local food production by 2030

  • SB 390 - Appropriating funds for SNAP beneficiaries to receive "double bucks" for local produce

  • SB 522 - Establishing a plastics reduction working group

  • SB 1353 - Establishing an industrial hemp program

More good news, a few bills that we opposed were sucessfully deferred in conference too:

  • HB 307 - Broadening the definition of "renewable energy" and amending the solar tax credit 

  • HB 1025 - Authorizing extension of public land leases 

Overall, we were most effective in stopping several bad bills from passing and were successful in advancing a handful of environmental bills this session, helping to set the path for advocacy in the interim to ramp up and prepare for the 2020 session and upcoming election. I hope you will continue to engage with us as we build power and grow Hawai‘i's movement to advance a progressive environmental agenda that is rooted in equity and justice. 

Lastly, we want to extend a sincere mahalo to everyone who has been answering our calls of action- whether that be calling or emailing your legislators, showing up to testify, sharing posts on social media, and sending us kind words of encouragement. This work is challenging, yet so important, and having the support of our members and allies has meant so much to the Sierra Club ‘ohana. 

Civil Beat: Hawaii Lawmakers Have Largely Dropped The Ball On Slowing Climate Change

Efforts to address the effects of a warming planet on a vulnerable island state have mostly fallen short this session.

By Nathan Eagle    

Original article here.

The Aloha State won’t be taxing carbon emissions to combat climate change anytime soon after the Legislature balked on bills to do so this session.

Homeowners won’t have to tell potential buyers if they live in an area at increasing risk of flooding due to rising seas. Coal won’t be banned, or the sale of new gas-powered cars. And Hawaii land use laws won’t be strengthened to protect beaches and coastal communities.

Lawmakers opened the session in January with dozens of climate-related bills and a sense of urgency to address the looming effects of a warming planet.

But, with less than three weeks to go, only a handful of measures remain and most amount to more studying and planning.

Not all is lost. A few bills would at least steer the state in the right direction, according to legislators, climate scientists, environmental groups and labor organizations.

Lawmakers are still moving forward with bills to study carbon pricing options, provide money for meaningful updates to the Hawaii 2050 Sustainability Plan and establish an emboldened energy office that has the resources and authority to carry out broad initiatives that are already on the books, such as making the state carbon neutral by 2045, greening the ground transportation sector and going 100 percent renewable for electricity.

Melissa Miyashiro, Blue Planet Foundation’s chief of staff, said the clean-energy nonprofit is disappointed in the demise of some of the bolder measures but still excited about three bills in particular that are headed into conference committee — the process at the end of each session where House and Senate negotiators try to reach agreement on the final drafts.

“There’s always more that we could be doing because we are facing the biggest challenge that humankind has ever faced and we don’t have a lot of time to shift the trajectory,” she said Wednesday.

Miyashiro was encouraged that House Bill 556 had survived. It would require the state to adopt minimum appliance efficiency standards for certain products, such as computers and monitors, shower heads and faucets, fluorescent lamps and sprinklers.

“It’s about saving consumers money while also lowering the carbon footprint,” she said, noting that a recent study found Hawaii has the biggest opportunity for savings of any state because of its soaring electricity costs.

Miyashiro was hopeful that House Bill 1585 would make it through, too. It would create a rebate program for electric vehicle charging systems. Lawmakers have yet to put any numbers in the bill, but the purpose is to help build out the charging infrastructure throughout the state so more people can switch to EV cars.

It could also help address a “chicken-and-the-egg issue” for upping the number of electric rental cars, which would curb an incredible amount of emissions given Hawaii’s 10 million visitors each year.

Hotels say there isn’t much demand, so they don’t want to invest in charging stations, Miyashiro said. But rental car companies say there aren’t many places to charge vehicles, so their customers don’t want electric cars.

Groups, including Blue Planet, are worried that a separate EV measure would be at odds with state and county clean-energy and carbon-neutrality goals. Senate Bill 409would make it more expensive to own an electric vehicle by adding a registration surcharge fee.

The idea behind the bill, introduced by Sen. Lorraine Inouye, is to have EV owners pay their fair share for road maintenance, since that comes from the gasoline tax. But Blue Planet, Tesla and others said that would send the wrong signal and is premature since fewer than 1% of registered vehicles in Hawaii are electric.

Miyashiro said it is also important to wait for the Department of Transportation to finish its road usage study, which would charge vehicle owners a fee based on how many miles they drive instead of how much gas they use.

“We’re just a little hesitant about scaling back incentives for electric vehicles when that study is still ongoing and we’re still at such an early stage for adoption,” she said.

Ground transportation accounts for 27% of Hawaii’s petroleum use. Electric power is another quarter, air transportation is 32% and marine transportation and other uses account for the rest, according to state figures for 2016.

State Energy Czar

Sen. Donovan Dela Cruz, who chairs the Ways and Means Committee, wants the Legislature to quit reacting to everything that comes up each session and become more proactive.

He said lawmakers will have a more serious discussion about the EV surcharge bill and others in conference committee. But he said some of the structural changes in government that he supports — namely, a more powerful and centralized state energy office — would solve many of these debates.

A version of Senate Bill 1259, introduced by Sens. Glenn Wakai, Dela Cruz, Kidani and Maile Shimabukuro, was resurrected last week after it died in the House. Dela Cruz and Wakai stuck a beefier version into House Bill 852. That had been a budget bill for energy and environmental programs but it got absorbed into a broader spending measure.

HB 852 would establish a chief energy officer, subject to Senate confirmation, and lay out the direction for the state energy office, ranging from providing analysis on renewable energy and clean transportation goals to leading efforts on energy resiliency and engaging the privateer sector to help.

Its latest draft provides $2.3 million in general funds for each of the next two fiscal years.

Dela Cruz said the different sectors for renewable energy have lobbied for tax credits and priority consideration. Instead, he would rather see lawmakers be more aggressive in laying out how the state plans to achieve its ambitious environmental goals.

“We should be setting the stage,” he said.

The bill notes how climate change is expected to cost the state $19 billion in sea level rise alone, making the switch to renewable energy and the ultimate reduction of carbon emissions even more of a priority.

University of Hawaii climate scientist Chip Fletcher, who co-authored the state’s seminal sea level rise study, said the session has had its share of disappointments but there have been minor successes.

“From where we stand right now, I give us a C,” he said.

The Legislature provided $205,000 in the state’s overall $16 billion budget to continue funding a climate change coordinator position, which had been in question. Anu Hittle currently holds the job, which involves working with the state Climate Commission on its efforts to help the state adapt to and mitigate the effects of climate change.

An overdue update to the Coastal Zone Management Act is dead this session.

Sam Lemmo, who heads the state Office of Coastal and Conservation Lands, had said this was a critical part of a “Climate 3.0” initiative that he envisioned to empower the executive branch to address climate change by moving beyond setting goals. He declined to comment for this story.

Senate Bill 393, introduced by Dela Cruz, cleared the Senate but went on to die in the House without a hearing. A similar measure, House Bill 549, introduced by Rep. Nicole Lowen, had a similar outcome — passing the House but then eventually dying in the Senate without a hearing.

Both would have provided substantial updates to the CZM law.

Asked why HB 549 didn’t get a hearing from Ways and Means, Dela Cruz said he thought his bill was still alive in the House. He said there’s still a slight chance it could be resurrected before the session ends.

“There was miscommunication about which version of the bill would move forward and by the time we wanted to hear it the deadlines were already passed,” Lowen said.

HB 549 would have required new developments to plan for the impacts of projected sea level rise and prohibited development in areas significantly affected by projected sea level rise. It also would have toughened coastal armoring policies.

The measure noted that 70% of Hawaii’s beaches are chronically eroding and more than 13 miles of beach have been lost to erosion fronting seawalls and revetments.

The bill had support from the Sierra Club, state and county agencies, the Democratic Party and others but was opposed by the Chamber of Commerce and Building Industry Association of Hawaii.

The chamber raised concerns about infringing on private property rights. In its testimony to lawmakers, the chamber said the proposed amendments would make it more difficult for homeowners to protect or improve their coastal properties and questioned who should compensate the landowner for their loss.

Lowen, like Dela Cruz, said it was disappointing that the bills died.

“There’s always next year,” she said.

A separate shoreline protection bill, which has support from the chamber and unions, is moving forward.

House Bill 1487, introduced by Lowen and Rep. Chris Lee, establishes a pilot project to protect urban Honolulu from sea level rise, floods, storms and other effects of a rapidly changing climate.

Its latest draft included $2 million so long as the City and County of Honolulu pays for half, which seems uncertain.

Josh Stanbro, who heads Honolulu’s climate change office, said the city will “explore the potential to allocate resources to this effort in the future should matching funds become available.”

The influential carpenters union, which has helped propel candidates to higher office, backs the proposal.

The union testified before lawmakers that the building industry is particularly sensitive to future impacts of climate change, including rising water tables, subsiding land and coastal erosion.

“It’s not over yet,” Lowen said. “We just have to wait and see what happens.”

HB 1326 back from the dead! Email the senate TODAY!

We need to act now!  A&B’s senators are pulling out extraordinary measures to pass A&B’s preferred version of the HB1326, which would allow them to continue to divert streams for seven more years and retain $62 million from the sale of their land.  

ICYMI: Thursday, in decision making in its joint hearing in the Senate Committees on Water and Land and Ways and Means, HB 1326—the “Water Theft Bill” was killed… but now it’s possible it’s a zombie and it’s coming back. Click here to take action.

Summary of this week

HB 1326 was heard in its joint WTL/WAM hearing on Tuesday, April 2. After more than 6 hours of testimony—majority in opposition, only 2 in support, and over 700 written testimony submitted—604 against, 100 comments and 40 in support, members of the committees moved to defer decision making until Thursday, April 4th.

Thursday, WTL Chair Kahele introduced an amended bill that would cut out A&B—essentially stopping them from receiving any more extensions on their temporary permits to divert water, while also ensuring that small ranchers and farmers would have access to the water they need. WTL voted 3-2 to pass the amended version (Sen. Kahele, Riviere, and Nishihara in favor; Sen. Fevella and Keith-Agaran against; Sen. English absent).

Quickly after, WAM Chair Dela Cruz called for a recess, counted his votes, reconvened and moved to defer the bill indefinitely. Typically this means that the bill is dead for the session but more shenanigans ensue...

Where we are now

We knew it was possible the bill could come back from the dead, we just didn’t know exactly how. Now we know that A&B’s senators are working to get enough votes to bring HB 1326 to the floor. If A&B’s senators are successful in bringing the bill to the floor, then they will need 13 votes to pass the measure. They will be voting on HB1326 HD2. This is the version that passed over from the House (7-year extension to A&B and farmers), not the version with Sen. Kahele’s thoughtful amendments (3-year extension to only farmers, conditions on DLNR). This is because WAM deferred the bill before they voted on it, so it was not fully amended by the joint committee.

If HB1326 HD2 passes the Senate floor vote, then it will go directly to the Governor for signature. It will bypass the House because HB1326 HD2 is the exact same bill the House already passed out.

Which brings us to… ALL HANDS ON DECK. Let’s flood the senators’ inboxes, asking them to vote down this zombie bill once and for all. Click here to email all 25 senators, urging them to not favor A&B’s financial interests over the best interests of the streams and the people.

We need our senators’ to VOTE NO on HB 1326 HD2. Click here to take action.

THEN MEET US AT THE CAPITOL ROTUNDA TUESDAY 4/9 AT 9:30am TO RALLY TO FREE THE STREAMS!

OPPOSE HB1326 HD2: Free our streams from corporate water theft

ACT NOW TO #FREETHESTREAMS! HB 1326 HD2 IS VOTED ON IN THE HOUSE FINANCE COMMITTEE ON WEDNESDAY, 2/27 at 11:30AM.

The last committee changed the “unlimited” timeline to 7 years—but that is not enough. The corporate water diverters have already received an extra 3 year extension in 2016 to finish environmental impact statements that were required 15 years ago and completing the long term lease application.


CALL NOW Representative Luke and the members of the Finance Committee and ask them to vote NO on HB1326.

HB1326 was heard in the Finance committee last week. Call and email the committee and ask them to VOTE NO on HB1326. 

Email: FINtestimony@capitol.hawaii.gov

Chair: Luke, Sylvia 
808-586-6200
repluke@capitol.hawaii.gov

Vice Chair: Cullen, Ty J.K. 
808-586-8490
repcullen@capitol.hawaii.gov

Committee members:
Kitagawa, Lisa (voted with reservations)
808-586-8540
repkitagawa@capitol.hawaii.gov

Holt, Daniel 
808-586-6180
repholt@capitol.hawaii.gov

Todd, Chris 
808-586-8480
reptodd@capitol.hawaii.gov

Hashimoto, Troy N. 
808-586-9444
rephashimoto@capitol.hawaii.gov

Yamashita, Kyle T. 
808-586-6330
repyamashita@capitol.hawaii.gov

Nakamura, Nadine K. 
808-586-8435
repnakamura@capitol.hawaii.gov


Kobayashi, Bertrand 
808-586-6310
repkobayashi@capitol.hawaii.gov

Nishimoto, Scott Y. 
808-586-8515
repnishimoto@capitol.hawaii.gov

McDermott, Bob 
808-586-9730
repmcdermott@capitol.hawaii.gov

Gates, Cedric Asuega 
808-586-8460
repgates@capitol.hawaii.gov

Matayoshi , Scot Z. 
808-586-8470 repmatayoshi@capitol.hawaii.gov


HB1326 gives water diverters—like A&B (now Mahi Pono) and KIUC—an UNLIMITED amount of water, for an INDEFINITE amount of time, for UNKNOWN uses. This bill provides no standards or criteria for ensuring that stream ecosystems are protected from excessive water diversions.

A&B is asking lawmakers to pass HB1326—because they promised in its sale agreement with Mahi Pono that the state would give them 30 million gallons of water a day—or else A&B will have to pay Mahi Pono $62 million. But it will impact more than just East Maui. This bill would also extend temporary water permits held by others, like Kauaʻi Island Utility Cooperative for diverting sacred waters of Waiʻaleʻale and Waikoko.

Lawmakers are often quick to criticize DLNR for mismanagement but then turnaround and support bills like this that ensure the mismanagement could only get worse. There is no criteria or oversight written into this bill that protects streams, its native ecosystems, or the communities that depend on them for basic necessities.

There are bills in front of the legislature that set a good example of how things should be done. Bills like HB848—that provide for the protection of stream resources, while allowing stream diversions for diversified agriculture so long as it does not harm the health of the streams. However, HB848 has yet to get scheduled for a hearing.

There is enough water for everyone to prosper, it is just a matter of striking the right balance. HB1326 is basically a blank check to Mahi Pono, A&B, KIUC and others to continue the unjust practice of taking unlimited amounts of water from Hawaiʻi’s streams—to the detriment of our native ecosystems and the people that depend on them. E ola i kai wai!! Water is life!!


HB1326 WAS HEARD AND PASSED OUT OF WLH WITH A 5-TO-1 VOTE ON FEB 8.

Mahalo nui to EVERYONE who submitted testimony in opposition to this terrible bill. There were over 600 testimonies submitted, most in opposition, with over a dozen verbal testimonies provided at the hearing. The bill was amended from providing diverters the ability to take water for an indefinite about of time to seven years, including authorization to continue diverting while permits are challenged in court.

Voting for the bill were: Committee Chairperson Ryan Yamane from Mililani, Vice Chair Chris Todd, and members Rep. Nicole Lowen, and Rep. David Tarnas, all from the Big Island, and Rep. Sharon Har, representing Kapolei. Rep. Thielen from Kailua/Kaneohe was absent and excused. Rep. Tina Wildberger from Maui was the sole no vote.

First Lateral Update

Today is first lateral, which is the last day for a bill that was referred to more than one committee to move into its final committee. Out of the 600 environmental bills that Sierra Club was tracking, over half did not have a hearing or were deferred in committee and are no longer alive for the 2019 session. An updated spreadsheet of the bills still moving through the legislative process can be viewed on our updated Hawaii 2019 Capitol Watch bill sheet. Below is a list of the bills that we have testified on and are still alive:

Carbon Free Hawaiʻi

  • Carbon Pricing

    • HB 1584 - [Support] University of Hawaiʻi to conduct a comprehensive study of a statewide carbon tax.

    • SB 1463 - [Comments] Replaces the environmental response, energy, and food security tax with a carbon emissions tax. Repeals state fuel taxes under the fuel tax law.

  • Clean Energy

    • SB 1289 - [Support] Requires a rooftop solar energy generation system to be installed on all new single-family residential dwellings that are not granted a variance beginning on 1/1/2022.

    • HB 550 - [Support] Requires the PUC to study the feasibility of implementing RPS to encourage the use of renewable energy by gas utility companies. Amends the RPS interim goals for 2030 and 2040 to accelerate the adoption of renewable energy.

Free the Streams

    • HB 1326 - [Oppose] Allows holdover permits for stream diversions to continue.

Planning for Rising Seas

  • Mandatory sea level rise exposure area disclosure in real estate transactions

    • HB 565 - [Support] Mandatory seller/purchaser disclosures within a sea level rise exposure area.

    • SB 1339 - [Support] Requires a purchaser statement with the sale or transfer of vulnerable coastal real estate.

    • SB 1340 - [Support] Requires mandatory seller disclosures in real estate transactions within a sea level rise exposure area.

    • SB 1126 - [Support] Requires seller disclosures in sea level rise exposure areas to ensure that new property owners and transferees understand the special hazards, requirements, and limitations that may affect the property.

  • Strengthening Coastal Zone Management Laws

    • HB 549 - [Support] Requires new developments to plan for the impacts of projected sea level rise and prohibits development in areas significantly affected by projected sea level rise.

    • SB 393 - [Support] Amends coastal zone management laws to further protect against impacts of sea level rise and coastal erosion. Requires new developments to plan for the impacts of projected sea level rise. Prohibits development in areas significantly affected by projected sea level rise.

    • SB 1113 - [Support] Amends policies and objectives related to coastal zone management to reduce residential exposure to coastal hazards and protect state beaches and public shoreline access.

  • Sea Level Rise planning

    • HB 765 - [Support] Requires incorporation of sea level rise projections in all new plans and updates to existing state plans generated under the Hawaiʻi State Planning Act.

    • HB 1487 - [Support] Establishes the Honolulu shoreline climate protection pilot project to develop a plan to protect urban Honolulu from the acute impacts of sea level rise, floodwater, storms, and other impacts of a rapidly changing climate.

    • SB 690 - [Support] Implements the recommendations of the Hawai‘i Sea Level Rise Vulnerability and Adaptation Report issued by the Hawai‘i Climate Change Mitigation and Adaptation Commission.

    • SB 1054 - [Support] Requires the State and counties to incorporate sea level rise and other climate change hazards and mitigation opportunities into applicable plans, strategies, and mapping. Requires the PUC to consider the findings in the Hawaii Sea Level Rise Vulnerability and Adaptation Report.

Administrative

  • Creation of State Department of Environment

    • HB 1586 - [Support] Establishes and transfers to a “Department of Environment” certain programs administered by various state agencies.

    • SB 1529 - [Comments] Establishes the Hawaii state energy office within the Department of Business, Economic Development, and Tourism.

  • Department of Land and Natural Resources funding

    • HB 125 - [Oppose] Abolishes various non-general funds (Natural Area Reserves Funds) and accounts of the Department of Land and Natural Resources and transfers the balances to the general fund.

    • SB 1068 - [Support] Makes an appropriation to improve na ala hele, the Hawaii statewide trail and access program, by improving access to and maintaining state controlled recreational trails statewide and promoting hiker safety and hiker etiquette education and outreach.

    • SB 1262 - [Support] Adjusts the proportion of conveyance tax revenues deposited into the Land Conservation Fund.

    • SB 1386 - [Support] Requires DLNR to develop a state 2030 natural resources conservation goal action plan and allocates 1% of the transient accommodations tax to be used for the development, submission, and evaluation of progress of the action plan.

  • Climate Change Mitigation and Adaptation Commission Funding

    • SB 930 - [Support] Requires the climate change commission and coordinator to assist the State/counties with various sea level rise adaptation plans and climate change mitigation efforts.

    • SB 944 - [Support] Requires the Climate Change Commission to prioritize nature-based solutions in its climate change mitigation and adaptation efforts

  • Rules

    • HB 1403 - [Oppose] Exempts housing projects from environmental impact statement requirements.

Waste Reduction

  • Plastics

    • HB 717 – [Support] Creates Plastic Pollution Initiative

    • HB 762 – [Support] Prohibits providing straws unless requested

    • SB 11 – [Support] Polystyrene Foam Ban

    • SB 367 – [Support] Polystyrene Foam Ban

    • SB 521 – [Support] Creates Plastic Marine Debris Working Group

    • SB 522 – [Support] Single-use Plastics Ban

  • Recycling

    • HB 630 - [Oppose] Repeal Glass Container Program

    • SB 422 - [Support] Implements recycling audit recommendations

    • SB 893 – [Support] Recycling 1 & 2 bottle caps

    • SB 1527 – [Support] Beverage container plastic rings

  • Solid Waste

    • HB 562 – [Support] Construction Waste Working Group

    • HB 1016 – [Support] Implements Aloha+ Challenge Solid Waste Goals

    • SB 1242 – [Support] Implements Aloha+ Challenge Solid Waste Goals

Common Good Coalition

  • Automatic Voter Registration

    • HB 1217 - [Support] Automatic Voter Registration for driver's license and identification card applications.

    • HB 1485 - [Support] Establishes a process, beginning on January 1, 2020, for automatically preregistering or registering public school-enrolled students who are at least 16 years old.

    • HB 1544 - [Support] Establishes a task force to examine the implementation of an automatic voter registration system in the State.

    • SB 412 - [Support] Automatic Voter Registration for driver's license and identification card applications.

  • Taxation of Real Estate Investment Trusts

  • Social Services

    • HB 262 - [Support] Department of Agriculture to create a dollar-for-dollar matching program for beneficiaries of the federal Supplemental Nutrition Assistance Program who use their benefits to purchase Hawaii-grown produce.

    • SB 390 - [Support] Department of Agriculture to create a dollar-for-dollar matching program for beneficiaries of the federal Supplemental Nutrition Assistance Program who use their benefits to purchase Hawaii-grown produce.

Support HB 563: Coal Free by 2023

Do your part to make Hawaiʻi coal free by 2023! HB 563 prohibits the burning of coal in Hawaiʻi after 2022.

Call and email Representative Takumi TODAY and ask him to schedule HB 563 to be heard by FRIDAY 2/15. Call his office at 808-586-6170 and email him at reptakumi@capitol.hawaii.gov.

Coal is the largest source of carbon dioxide emissions in the world—responsible for one third of US carbon emissions. Burning coal is literally fueling climate change. Burning coal also has a devastating impact on public health, leading to as many as 13,000 premature deaths every year and more than $100 billion in annual health costs. Several principal emissions result from coal combustion, including:

  • Sulfur dioxide (SO2), which contributes to acid rain and respiratory illnesses

  • Nitrogen oxides (NOx), which contribute to smog and respiratory illnesses

  • Particulates, which contribute to smog, haze, and respiratory illnesses and lung disease

  • Carbon dioxide (CO2), which is the primary greenhouse gas produced from burning fossil fuels (coal, oil, and natural gas)

  • Mercury and other heavy metals, which have been linked to both neurological and developmental damage in humans and other animals

  • Fly ash and bottom ash, which are residues created when power plants burn coal

Hawai‘i has only one coal-fired power plant remaining in service. The AES plant on O‘ahu has a power purchase agreement that is already set to expire in 2022. Passage of this bill ensures that Hawai‘i will be “coal-free by 2023”, solidifying plans to transition Hawai‘i from dirty energy and encouraging AES and Hawaiian Electric Company to redirect its focus to clean energy and battery storage projects. AES and the Kaua‘i Island Utility Cooperative recently broke ground on Hawai‘i’s largest hybrid solar and battery storage system on Kaua‘i’s south shore, so we know that this company has great potential to also make the transition away from coal on the island of O‘ahu.

HB 563 furthers Hawai‘i’s commitment to 100% clean energy by 2045 and sets another example of the legislature’s ambitious leadership to mitigate the harmful effects of climate change.

Past hearings:

Support HB 1584 HD1: Carbon Pricing Study

Pacific Islands are amongst the first to see hard-hitting impacts of climate change—and Hawaiʻi is no exception. We are already seeing the impacts of climate change: eroding beaches and coastal roads, rain bombs and detrimental flooding, and rising sea levels and temperatures. These impacts can no longer be ignored and we are now at a critical time where we must massively reduce fossil fuel emissions. In 2015, Hawaiʻi committed to relying on 100% renewable energy sources by 2045. Then we upped the ante in 2018 by committing to be 100% carbon neutral by 2045. We must work hard to reach these goals and do more to ensure the transition to clean energy is accelerated and equitable.

Both the Intergovernmental Panel on Climate Change and the Hawai‘i Climate Change Mitigation and Adaptation Commission support carbon pricing as the most effective action to reduce emissions. However, no state has adopted a carbon tax and Hawai‘i's carbon tax could disproportionately affect low and moderate income communities if not implemented correctly. We feel the urgency of climate change but believe that whatever carbon tax is implemented needs to be the right fit for Hawai‘i. Any proposal must integrate environmental and economic justice principles while achieving measurable carbon emissions reductions. That is why one of our top priorities this session is HB 1584 - Carbon Pricing Study.

HB 1584 HD1 is being heard Wednesday, 2/13 at 2pm in room 329 in the House Committee on Consumer Protection and Commerce. Please take a couple minutes to submit your testimony today!

There are a lot of different carbon pricing options, read about some of the options in the Civil Beat today.

Past hearings:

Support SB 1339 & SB 1340: Mandatory Sea Level Rise Disclosure

Two priority bills relating to mandatory sea level rise disclosure for real estate transactions will be heard by WTL on Friday, 2/8/19 @ 1:20 PM in Room 229. Please use our testimony form below to click-and-submit testimony in support of SB 1339 and SB 1340.

SB 1339 - [Support] Requires a vulnerable coastal property purchaser statement to be executed by the purchaser or transferee with the sale or transfer of vulnerable coastal real estate.

SB 1340 - [Support] Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within a sea level rise exposure area.

We are also supporting HB 565, a similar House bill that combines both seller/purchaser disclosures and has already had its first committee hearing.

Support SB1068: Na Ala Hele Funding

Like to hike? Support this bill that provides funding to the Department of Land and Natural Resources Na Ala Hele Program. Na Ala Hele is a state trail and access program that managing over 128 trails that span 850 miles throughout Hawai‘i.

SB1068 has a hearing this Friday—please submit written testimony in SUPPORT of this bill. You can copy and paste the below testimony for quick action and can submit this through your capitol account or via email to WTLtestimony@capitol.hawaii.gov (make sure to include your name and contact information if submitted via email).

Sample testimony:

Subject: Testimony in support of SB1068 - WTL hearing on Friday 2/1 at 1:15pm


“Aloha Chair Kahele, Vice Chair Keith-Agaran, and members of the Senate Water and Land Committee. I’m writing in strong support of SB1068, which appropriates funding for Na Ala Hele, the State’s Trail and Access Program. Keeping up with the increasing impacts on our beloved hiking trails is a constant challenge. This bill would provide critical funds for improving access and maintaining state controlled recreational trails statewide and promoting hiker safety, hiker etiquette education, and outreach. Please support SB1068 and pass this bill.”

Thank you for the opportunity to testify in support of SB1068.

2019 State of the State

Governor David Ige and Marti townsend, sierra club of hawaiʻi director

Governor David Ige and Marti townsend, sierra club of hawaiʻi director

In his fifth annual State of the State Address, Governor David Ige came out strong, prioritizing the restructuring of Hawaiʻi’s education system, reallocating the Transient Accommodation Tax, building more affordable housing, and investing in Hawaiʻi’s open spaces and special lands.

Marti Townsend, Director for the Sierra Club of Hawaiʻi issued this response to Gov. Ige’s speech:

“Clearly, Governor Ige is committed to following through on his promises to the people of Hawaiʻi. He laid out a plan to ensure a brighter future for everyone here by preserving Hawaiʻi’s watersheds, investing in state parks, trails, and beaches, exploring innovative technologies in clean energy and carbon sequestration, and increasing local food production.

His well-received speech recognized the interconnectivity of the environment, housing, public infrastructure, and the economy and emphasized a holistic approach to ensuring a sustainable future for us all in Hawaiʻi.

He demonstrated real out-of-the-box leadership by identifying specific creative solutions to long-standing challenges. Although he did not specifically mention the climate change concerns, they appear to be motivating everything he is working towards to protect our collective future.”

Gov. Ige’s commitments include:

  • Increasing funding for land conservation by removing the $6.8 million cap on the 10% conveyance tax to the Legacy Land Conservation Program

  • Committing $3.9 million over two years for Sustainable Hawaiʻi Initiatives to support our biosecurity plan, watershed protection, and the agricultural loan revolving fund.

  • Removing the $103 million cap in the Transient Accommodation Tax—allocating a percentage to the counties and increasing the earmarked $3 million to $10 million for trails, parks, and waters.

  • Exploring innovative technologies in renewable energy, carbon sequestration, and local food production, including sequestering carbon in locally produced concrete.

  • Constructing permanently affordable housing on state land in the urban core of Honolulu and along established public transportation routes.

You can watch the State of the State on Hawaiʻi News Now’s Facebook.

And we're off!

The 2019 Legislative Session is officially underway! Our staff and volunteers had a great time walking the halls on opening day and are geared up for session.

Events Around Opening Day

Get geared up for the 2019 legislative session by attending these upcoming events!

Legislative Preview
Thursday, January 10, 12-1:30pm at Hawaiʻi State Capitol room 329 by Honolulu Civil Beat

Raise Up Hawaiʻi to a Living Wage
Thursday, January 10, 4:45-5:30pm at Hawaiʻi State Capitol by Raise Up Hawaiʻi

Kuʻi 2019
Wednesday, January 16, 9am-3pm at Hawaiʻi State Capitol by Hui Aloha ʻĀina Momona

YPDA Opens Up The Legislature
Wednesday, January 16, 10am-12:30pm at Hawaiʻi State Capitol by YPDA Hawaiʻi

Women’s March - Oʻahu: Women’s Wave
Saturday, January 19, 9:30am-3pm at Hawaiʻi State Capitol by Women’s March Hawaiʻi