Author: koolaupoko

Posted on behalf of the Conservation Council for Hawaii.  Not a position of the Democratic Party.

Aloha, everyone.  Here is way to help protect our islands from environmental harm and show your concern (opposition) to proposed state legislation to avoid environmental review and protection of the environment. Please help stop the assault on Hawai‘i’s environment!  Apologies for duplicate postings.  Feel free to share with others.  Mahalo nui loa.

Sign on to the petition, add your comments, see who else has signed on:  http://signon.org/sign/an-open-letter-in-defense?source=c.em.cp&r_by=2813884

An Open Letter In Defense of Hawaii’s Environment & Open Government to Hawai‘i State House of Representatives, State Senate, & Governor Neil Abercrombie

We vehemently protest certain undemocratic measures taken by the State House of Representatives, Hawaii State Senate, and Governor Abercrombie to dilute basic sunshine and due process laws that protect the public. Our island canoe is heading in the wrong direction.

Certain legislators have introduced measures which severely shut out the public and due process. These actions disfranchise citizens, corrupt public policies, and undermine democracy. This is not pono.

Numerous evolving bills, including SB 2927 SD 2, (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2927 <http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2927> SB2873, http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2873 ) SB2012, ( http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2012 ) <http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2012> HB2154 HD2, (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2154 ) will exempt state and county government actions and development from Hawaii’s laws which protect and preserve our unique island home through careful analysis, including social, economic, cultural, historical, coastal, marine, and other environmental impacts. This removal of these checks and balances will cause injustice and create undue burden at various levels, including our economic prosperity, quality of life, sense of place, and long-term sustainability.  (http://www.civilbeat.com/posts/2012/03/07/15113-dirty-8-erode-three-decades-of-landmark-environmental-law/)

Certain legislators’ eagerness to circumvent or skirt legal requisites in order to fast-track development projects, without first considering inevitable impacts on the overall environment and public participation, show an alarming lack of understanding in core democratic principles. No entity should be above or exempted from the laws that protect us all.

While some legislators are hasty to deny due process and participation to the public, they are careful “to provide indemnity for any county, its officials, or employees for actions taken regarding “exceptional planning projects”.  This action is wrong; public servants will be accountable to no one. http://www.civilbeat.com/posts/2012/03/08/15121-open-government-lock-down/

<http://www.civilbeat.com/posts/2012/03/08/15121-open-government-lock-down/>

We unequivocally protest these anti-public legislative attempts to subvert open government. We call upon each legislator to show civic courage – to independently review, boldly vote, and truly enact the people’s business within the core democratic tenets contained in the Hawaii Revised Statutes 343 (Environmental Review), Hawaii Sunshine Law (HRS 92), Coastal Zone Management 205A (SMA), and county zoning and planning.

The line of demarcation must be clear – the People’s right to know and the right to equitably participate in public policies with legislative decision-makers in a fair and open process are not negotiable.

Posting submitted by John Goody:

This bill is supported by the Environmental Caucus of the Hawaii Democratic Party.

We are in the last lap for adding protection for cyclists and pedestrians on our roadways. The VU bill is going before the Senate JUD committee on Monday, which leaves us little time to get the word out. Please give this a priority, this is the critical reading for passage.  We need folks to testify and go down in person. Unfortunately, I am traveling to the mainland that day, so I hope that we can get some folks to go down in person.

Please forward this to our list of supporters  to go down or write in if you cannot go in person. It is easy to testify by email at:
<http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1666&year=2012>

To testify in person, the hearing is at:
The committee(s) on JDL has scheduled a public hearing on 03-19-12 10:00AM in conference room 016.

I have added some general information on the bill below.

Thanks much,
John

HB1666

This bill addresses the penal code by defining vulnerable roadway users, including pedestrians, cyclists, public safety officers and roadway workers. It further establishes enhanced penalties for drivers who, while committing a traffic offense under the code, seriously injure or kill a vulnerable user legally within the public roadway.

Hawaii’s roads are among the most dangerous in the country for pedestrians, cyclists and others who legally make use of the public right of way without being in a motor vehicle.  The reason is simple, some drivers are aggressive or negligent, and don’t drive safely. When this results in an accident between two motor vehicles, it is often no more than a fender bender; but when it occurs between a motor vehicle and a vulnerable roadway user, it is often catastrophic to the unprotected user.

Many of our State’s goals for energy independence, air and water quality, public health and wellness, management of public medical expense, and transportation efficiency are in part dependent on allowing folks to get out of their cars for appropriate length trips, and get about under their own power.  These are trips that can be walked or biked, or for which walking or biking connects to a public transit stop. But people will be afraid to get out of their cars if our roadways are not made safer for mixed transportation modes. Driver behavior is critical to this end. Today, harmfully striking a vulnerable roadway user often results in no more than a traffic fine regardless of the harm done to the victim; HB1666 will apply a fair penalty on those who commit a traffic offence and in the process kill or maim another. It will encourage drivers to take greater care when operating their vehicle n the proximity of vulnerable roadway users. It is fair and just that doing serious harm to another person be penalized commensurately, at least in part, to the harm done.

This bill is a crucial step in making our roadway safer for all. Please give it your support.

The following is the opinion of Bill Sager and does not reflect the position of the Democratic Party of Hawaii.

Governor Abercrombie and our Legislative leaders have introduced eight bills designed to eliminate state and county projects from environmental review.  Representative Thielen has an excellent article in Civil Beat that explains what is happening.

These bills are being fast tracked by the administration and by powerful legislators.  If you agree that EIS review of government projects is essential to good project planning, track these bills and let your leaders know what you think at every opportunity.

Part of the reason for this attack on our environmental protections is to be enable the construct the undersea power transmission cable to Maui County and ultimately to the Big Island.

Hawaiian Electric Industries (HEI) and the Administration are pursuing the traditional vertical electric power model in which a central power plant generates power that is then distributed across an electric grid to the end user.

I believe the future will require a lateral power distribution model in which electric power is generated as close to the end user as possible,  Right now, we have three power sources that can generate electric power locally and supply the electricity even Oahu needs from local, on island sources.  Wave energy is providing significant power through out the world and specifically from Europeʻs North Sea.  Hawaii has one of the best wave energy regimes in the world.  Biogasification as a power source is a proven technology used world wide.  Finally, geomagmatic heat sources can provide completely pollution free power plants that can produce up to 10 megawatts of electrical power per well and can be sighted where ever power is needed.

These alternate power sources, combined with wind and solar power, can provide even Oahu with all the power it needs.  A high risk, multibillion dollar cable project to tap Big Island geothermal power to power Oahu is unnecessary.  It will ultimately saddle Hawaii rate payers with a bill that means substantially higher electric bills far into the future.

Yes, we need to eliminate our dependence on petroleum to generate electricity, but an undersea power transmission cable to the Big Island is not the best way to do it.  Lets, at least evaluate alternate ways to produce the power we need using local power sources before plunging ahead with the undersea cable.

While the power cable is just one example of projects the Governor wants to implement without environmental review it is the crowning example of badly planned government projects that can be pushed forward in the name of economic development.  Tell the Governor that the State is not an omnipotent, all knowing, agent that can do do no wrong.  He need to understand that citizen oversight is fundamental to our democracy.

COMMITTEE ON TRANSPORTATION AND INTERNATIONAL AFFAIRS
Senator J. Kalani English, Chair
Senator Will Espero, Vice Chair

NOTICE OF INFORMATIONAL BRIEFING

DATE:
Thursday, March 8, 2012
TIME:
1:15 pm
PLACE:
Conference Room 224 229
State Capitol
415 South Beretania Street

The purpose of this briefing is to provide the Legislature with information pertaining to the Complete Streets law, Act 054 (2009), which created a statewide task force to review existing state and county highway design standards and guidelines to establish policies to accommodate all road users.

PRESENTER:  Dan Burden, Executive Director and Founder, Walkable and Livable Communities Institute

Marjorie Ziegler emailed me this summary of the way politics works at the legislature:

“Hawaii Farm Bureau, fronting for plantation ag interests like A&B, has been
taking swipes at the State Water Code for about a decade, trying to end-run
the supreme court’s landmark Waiahole decision reaffirming water is a public
trust, not the plantations companies’ private property.  For the last couple
of years, legislators have known better than to mess with the law, refusing
even to hear any bills, but HFB has renewed their push this year.

The usual direct attack on the Water Code, HB 1946, was scheduled for an
early hearing (1/30) before the House WLO committee.  In the face of strong
opposition from DLNR and numerous community organizations and individuals,
the bill was deferred.

House leadership (Rep. Sharon Har) then tried the indirect approach of
imbedding water law language into a general “sustainability” bill, HB 2671.
Because committee members and the public weren’t shown the inserted
language, the bill slipped through the previous committees and was scheduled
for the last House hearing, before the Higher Ed committee (2/14).

Despite the smokescreen, the hijacked bill again met strong opposition.
Notably, farmers showed up in person to challenge HFB’s “water for
agriculture” shibai.  HFB/HC&S/A&B’s lobbyist was lurking in the crowd, but
did not testify.  The Higher Ed committee deferred the bill.

This is the first time that the House has tried to backdoor these water law
attacks, and we suspect it won’t be the last this session.  We hope we can
count on folks’ support to defend the rule of law against plantation
politics in the stewardship of our most precious resource.”

What I think is even worse is the tendency for the legisilature in general to fail to post proposed changes in bill in Ramseyer notation.  The only way you can see the changes is to do a word for word comparison between the original lawy and the proposed Act.  Nearly impossible for the average person, even for the above average person like me.:-)

Thanks to an Earth Justice attorney we were alerted to this monstrosity.  I just wonder how much is slipping buy unnoticed.

I there anyone out their who wants to advocate against this bill and attacks on the water code?  Please let me know what you are doing.  Iʻm trying to coordinate activities of the Natural Resource Management Committee and sure need help.  If you need help with your advocacy give me a call.

HB1893 proposes to exempt all state and county projects from Chapter 343 (Hawaiiʻs EIS law). Despite the liberal use of the word “narrow,” the exemption is actually quite broad — any project the Governor or Mayor deems worthy of exemption.

This is the most dangerous bill in my memory.  It has been re-referred to JUD.  By bypassing other committees this bill becomes exempt from dieing at 1st lateral.  Speaker Say has put this bill on the fast track to move forward.  Call the finance committee and express your concern.