Your up-to-date, easy to navigate source for climate justice legislation at the capitol.
Jodi (pictured in red) joined Governor Ige and friends from Ulupono Initiative, Elemental Excelerator, and the Honolulu Office of Climate Change, Resiliency, and Sustainability for the 2019 environmental bills signing, where 7 bills were signed into law.
FOR IMMEDIATE RELEASE
Media Contact: Marti Townsend, 808-372-1314
Sierra Club responds to Gov. Ige’s Statement
Today, Governor David Ige issued a statement urging lawmakers to pass HB1326 HD2, a bill that extends temporary permits for access to water to 13 permit holders. Four of those permits, held by Alexander & Baldwin, were invalidated by a circuit court ruling in 2016. Passing HB1326 HD2 would allow A&B to circumvent the court ruling and retain $62 million from the sale of their central Maui sugar plantation to Mahi Pono.
In response, Marti Townsend, Director for the Sierra Club of Hawaiʻi issued this statement:
We are deeply disappointed in Governor Ige’s decision to use the power of his position to pressure lawmakers to pass a version of HB1326 that guarantees A&B retains $62 million in profit from East Maui’s public stream resources. We went to the Governor’s office yesterday in good faith to collaborate on a proactive path forward for small water users based on existing legal authority. The Governor betrayed that good faith with a statement that attempts to influence lawmakers to change a decision that has already been made, attempts to justify sidestepping a court ruling, and specifically names the opponents of the bill that he met with but not the supporters.
This crisis is manufactured. The Ige Administration was granted a three year extension on the issuance of these revocable permits in 2016, immediately after the circuit court decision in the Carmichael case was issued. In that three years, DLNR did not propose any fixes to Haw. Rev. Stat. §171-58, did not adopt regulations to clarify their implementation of this statute, or otherwise actually attempt to solve this problem. DLNR staff did continue to renew holdover permits, and issued a letter to the 9 other revocable permit holdovers that only served to fuel concern for their future access to water.
What did actually happen in the three years since the last extension was granted is, A&B:
Closed its sugar plantation in central Maui, laying off hundreds of workers
Converted its corporation to a Real Estate Investment Trust, to reduce its tax burden for all the commercial real estate it profits from
Sold its defunct sugar plantation to Mahi Pono for $262 million.
The contract for that land sale makes clear that if the new buyer does not have guaranteed access to 30 million gallons of water a day from East Maui streams through 2026, then A&B will return $62 million to the new buyer. HB1326 HD2 would extend A&B’s current four temporary water permits through 2026 with zero recourse for the residents of East Maui.
Governor Ige’s statement fails to acknowledge the legal responsibilities of his Administration to protect public trust resources from exploitation. This is an obligation that has been repeatedly upheld by Hawaiʻi’s highest court of law. Instead his statement feigns fairness by claiming to support equal treatment for all permit holders.
Yet, the different entities relying on these permits for access to public water resources are not all the same. Of the 13 permits at issue, four are held by A&B, arguably one of the most powerful and influential corporations in the Hawaiian Islands. The four permits held by A&B have been invalidated by a court of law, and that decision is on appeal. The remaining 9 permits are held by two utilities operating hydroelectric power plants, and seven smaller entities and individuals watering crops and animals. None of these 9 permits have been challenged in a court.
After 6 hours of verbal testimony, hundreds of calls and emails from constituents, and over 600 written testimonials received in opposition to HB 1326 HD2, the Senate Water and Land Committee, chaired by Senator Kaialiʻi Kahele, crafted a version of this bill that addressed the perceived needs of the small water users and utilities, while respecting the judicial process. If Governor Ige were truly interested in helping small water users, and not advancing the special interests of A&B, then he should have made a statement in support of that bill. Unfortunately, he did not. At least now everyone knows where he stands in regards to the last of the Big 5 companies that once dominated the Hawaiian Islands.
The Ige Administration has all the legal authority it needs to provide access to public trust water resources. It is time to DLNR to take seriously its responsibility to protect the public’s natural resources from exploitation.
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Below is an update of bills that have made the second crossover deadline, when bills have passed third reading in their non-originating chamber and “cross back” to their originating chamber. From here, bills will get assigned to a Conference Committee that will meet to discuss the differences between amendments made in the House and Senate drafts. The Conference Committees will need to agree on a final version of the bill by April 25th for non-fiscal bills or April 26th for fiscal bills. The bill’s conference draft will then need to pass final reading by both the House and Senate by May 2nd, the last day of legislative session. Then the bills head to the Governor’s desk for consideration.
Carbon Pricing
Clean Energy
HB 307 – [Oppose] Broadens the definition of "renewable energy" as used in the public utilities commission law to include other self-replenishing non-fossil fuel, non-nuclear resources. Amends the renewable energy technologies income tax credit by, among other things, including commercial seawater air conditioning systems.
HB 556 – [Support] Requires the department of business, economic development, and tourism to adopt minimum appliance efficiency standards for certain products sold or installed in the State that are substantially equivalent to existing appliance efficiency standards established in California.
Clean Transportation
SB 409 – [Oppose] Establishes an annual vehicle registration surcharge fee for electric vehicles and alternative fuel vehicles to be deposited into the State Highway Fund.
HB 765 – [Support] Requires incorporation of sea level rise projections in all new plans and updates to existing state plans generated under the Hawaii State Planning Act and the plans of the Public Utilities Commission.
HB 1487 – [Support] Establishes the Honolulu shoreline climate protection pilot project to develop a plan to protect urban Honolulu from the impacts of sea level rise, floodwater, storms, and other impacts of a rapidly changing climate. Appropriates funds to the Department of Land and Natural Resources for the development of the Honolulu shoreline climate protection pilot project. Appropriates funds to the Office of Planning to conduct a comprehensive study of a statewide carbon tax.
HB 551 – [Support] Extends lapse date for funds appropriated to the University of Hawaii to conduct a comprehensive statewide study of sewage contamination in nearshore marine areas. Extends lapse date for funds appropriated to the Department of Health to conduct research or gather technical assistance relating to the cesspool conversion working group's comprehensive cesspool conversion plan.
HB 808 – [Support] Establishes an offense of knowingly capturing, taking, possessing, abusing, entangling, or killing a shark in state marine waters, along with penalties and fines. Expands the existing prohibition on knowingly capturing or killing a manta ray in state marine waters to apply to all rays and to also include knowingly taking, possessing, abusing, or entangling a ray. Provides certain exemptions.
HB 1405 – [Support w/ amendments] Adjusts the operating budget for the fiscal biennium 2019-2021 for certain Department of Land and Natural Resources programs (appropriates $6M for Environmental Impact Statements for County of Kaua‘i and County of Hawai‘i water permits).
SB 223 – [Watching] Transfers operational authority over portions of the East Kauai Irrigation System operated and maintained by the East Kauai Water Users' Cooperative as of July 1, 2019, to the Department of Agriculture. Provides a conditional extension to acquire required permits. Establishes staffing positions. Authorizes general obligation bonds for a statewide irrigation system capital improvement project. Appropriates funds.
SB 522 – [Support] Single-use Plastics Working Group.
Automatic Voter Registration
SB 412 – [Support] Automatic Voter Registration for driver's license and identification card applications.
Taxation of Real Estate Investment Trusts
SB 301 – [Support]
Social Services
SB 390 – [Support] Department of Agriculture to create a dollar-for-dollar match program for beneficiaries of the federal Supplemental Nutrition Assistance Program who purchase Hawaii-grown produce.
Minimum Wage
SB 789 – [Support w/ amendments] Changes minimum wage rates annually from 1/1/2020, to 1/1/2024. Provides lower minimum wage rates for employees who receive employer-sponsored health benefits under the Hawaii Prepaid Health Care Act. Includes persons with disabilities under generally applicable minimum wage requirements.
HB 1191 – [Support w/ amendments] Provides an income tax credit for qualifying small businesses to offset the increase in the minimum hourly wage that employers must pay employees. Increases the minimum wage to $12.00 per hour beginning 1/1/2020 and $15.00 per hour beginning 1/1/2023. Establishes a minimum wage of $17.00 per hour for any person employed in a full-time position with the State of Hawaii beginning upon approval of the Act. Tax credit applies to taxable years beginning after 12/31/2019.
HCR 55 – [Support] Requesting the Governor to convene a working group to make recommendations on the consolidation of state environmental functions and the establishment of a Department of the Environment.
SCR 31 – [Support] Designating the Hawaii State Capitol building and its grounds as a single-use plastic free zone.
SCR 184 – [Support] Requesting the United States Army Corps of Engineers, State of Hawaii, and City and County of Honolulu to establish a working group to explore matters related to the Ala Wai Watershed.
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.
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.”
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.
Below is an update of our bill priorities as of second lateral, when bills must move to their final committee in their non-originating chamber.
Carbon Pricing
HB 1584 – [Support] Office of Planning to conduct a comprehensive study of a statewide carbon tax. WAM.
Clean Energy
HB 307 – [Oppose] Broadens the definition of "renewable energy" to include other self-replenishing non-fossil fuel resources. EET/CPH.
HB 550 – [Support] Amends the definition of "renewable portfolio standard" to more accurately reflect the percentage of renewable energy use in the State. CPH/WAM.
HB 556 – [Support] Establishes minimum appliance efficiency standards for certain products sold or installed in the State. Requires the public benefits fee administrator to educate and train appliance manufacturers, distributors, and retailers about the appliance efficiency standards. CPH.
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. Amends policies and objectives related to coastal zone management to reduce residential exposure to coastal hazards and protect state beaches and public shoreline access. Defines "beach" and "coastal hazards". JDC/WAM.
Sea Level Rise planning
HB 461 – [Support] Requires the Hawaii Climate Change Mitigation and Adaptation Commission to conduct certain activities to address the impacts of sea level rise and report to the Legislature before the 2021 Regular Session. Appropriates funds for the Commission's activities and to fund the Climate Change Mitigation and Adaptation Coordinator. WAM.
HB 765 – [Support] Requires incorporation of sea level rise projections in all new plans and updates to existing state plans generated under the Hawaii State Planning Act. WAM.
HB 1487 – [Support] Establishes the Honolulu shoreline climate protection pilot project to develop a plan to protect urban Honolulu from the impacts of sea level rise, floodwater, storms, and other impacts of a rapidly changing climate. Repeals on 6/30/2022. Appropriates funds. WAM.
HB 1326 – [Oppose] Allows holdover permits for stream diversions to continue until 2026. WTL/WAM.
HB 808 – [Support] Establishes an offense of knowingly capturing, taking, possessing, abusing, entangling, or killing a shark in state marine waters, along with penalties and fines. Expands the existing prohibition on knowingly capturing or killing a manta ray in state marine waters to apply to all rays and to also include knowingly taking, possessing, abusing, or entangling a ray. Provides certain exemptions. Effective 7/1/2050. JDC/WAM.
HB 551 – [Support] Extends lapse date for funds appropriated to the University of Hawaii to conduct a comprehensive statewide study of sewage contamination in nearshore marine areas. Extends lapse date for funds appropriated to the Department of Health to conduct research or gather technical assistance relating to the cesspool conversion working group's comprehensive cesspool conversion plan. WAM.
SCR 35 – [Support] Urging the U.S. EPA and the Hawaii Department of Health to reject the approval of a single wall tank upgrade alternative option for the Red Hill Bulk Fuel Storage Facility and the conclusions presented in the Groundwater Protection and Evaluations Considerations Report dated July 27, 2018.
SB 696 – [Support] Extends various reporting deadlines and the sunset date of the cesspool conversion working group established pursuant to Act 132, Session Laws of Hawaii 2018. Extends the lapse dates for funds appropriated to conduct a comprehensive statewide study of sewage contamination in nearshore marine areas and for research and technical assistance necessary for completion of the comprehensive cesspool conversion plan. FIN.
HB 593 – [Oppose] Authorizes the development of utility scale solar projects on class A agricultural lands, subject to certain requirements. Repeals 6/30/2025. WAM.
HB 1403 - [Oppose] Requires approval of a permit application submitted by a housing development project that uses moneys from the rental housing revolving fund if a county does not issue a decision on the application within sixty days, subject to certain requirements. Exempts the foregoing projects from environmental impact statement requirements until an update to administrative rules regarding exemptions to environmental impact statement requirements takes effect. WAM.
HB 1171 – [Support]. WAM. DLNR-DOFAW operating budget bill that would provide $5M to programs including:
Hawaiʻi Invasive Species Council (HISC) prevention, early detection-rapid response, control, and outreach projects;
Rapid ʻŌhiʻa Death (ROD) research and response; and
Wildfire response.
HCR 55 - [Support] Requesting the Governor to convene a working group to make recommendations on the consolidation of state environmental functions and the establishment of a Department of the Environment. FIN.
HCR 198 - [Support] Requesting the Legislature to convene a working group to discuss the economic growth potential of investing in green industry initiatives. FIN.
Plastics
Recycling
SB 893 – [Support] Prohibits counties with a population less than 500,000 from rejecting number 1 and 2 plastic bottles presented for recycling solely because the bottles are accompanied by or adjoined to nonrecyclable bottle caps. Requires and appropriates funds for the counties to separate and appropriately dispose of such nonrecyclable bottle caps. Requires the counties to include a feasibility assessment of recycling PP materials. FIN.
Automatic Voter Registration
HB 1217 – [Support] Automatic Voter Registration for driver's license and identification card applications. JDC.
HB 1485 – [Support] Establishes a process for automatically preregistering or registering public school-enrolled students who are at least 16 years old.
SB 412 – [Support] Automatic Voter Registration for driver's license and identification card applications. FIN.
Taxation of Real Estate Investment Trusts
SB 301 – [Support] FIN
Social Services
SB 390 – [Support] Department of Agriculture to create a dollar-for-dollar match program for beneficiaries of the federal Supplemental Nutrition Assistance Program who purchase Hawaii-grown produce. FIN.
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.
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!!
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.
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.
Past hearings:
House Committee on Energy and Environmental Protection - Thursday, 1/31 at 8:30am in room 325
This committee amended the bill (HD1) to move the final completion of the study up from December to October 2020 in addition to expanding the scope of the study and several other nonsubstantive amendments you can read here.
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.
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.
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.
Capitol Watch is dedicated to demystifying the legislative process so you can have your voice heard on environmental issues that you care about.
Our goal is to create a team of volunteer “CapitolWatch leaders” who will help us create, research, follow, and provide testimony for bills pertaining to the environment. Through this program, team leaders and members will learn how to engage with local communities, organize for collective power, and gain legislative experience.
Sierra Club of Hawaiʻi | P.O. Box 2577, Honolulu, HI 96803 | 808.538.6616
