Author: koolaupoko

  • Notes on steering committee meeting of 7/13

    This post is my notes on the steering committee meeting of July 13, 2011. They should not be considered official meeting minutes. They are my notes on things we need to do and subjects we discussed.

    Bicycle and pedestrian safety. To discuss this subject for discussion click here:

    The resolutions passed by the Oahu County Convention are posted here.  Half of those resolutions are resolutions submitted by the Environmental Caucus. We need to review each of those resolutions and decide what actions we need to take in order to implement them.

    We discussed the first meeting of the clean energy workshops and agreed that that meeting was a resounding success. We recognize that given the time constraints of putting these meetings together in a relatively short time Gary has done an amazing job. Members generally expressed their disappointment that they had not had a greater part in recommending speakers.

    We recognize the need for a better sign up sheet and Bill will develop one and circulated for steering committee review and suggestions.

    We need to send a thank you e-mail to members who attended our meeting thanking them for coming and asking them to return with a friend to our next meetings and giving them the link to the meeting video that they can share with their friends.  Bill will assemble the email list from the sign up sheet.

    An organization that advocates geothermal power development on the Big Island and an undersea power transmission cable tying the power generation grids of the Big Island and Maui to Oahu has generously contributed $1000 to the Environmental Caucus to help us pay for the clean energy meetings. However, as we understand our obligations in accepting this donation.  We understand the strings attached require us to display their banner, distribute their literature and publicly thank them for their support at each of our next clean energy workshops. The steering committee expressed a consensus with one dissenting vote that we can accept donations from any organization that wants to support our mission. However, we must not accept donations from any organization that wants to be a sponsor in return for appearing to endorse their program. In the present case, we must make sure that the donor understands that we are accepting his donation as support for the clean energy workshops and we can not  endorse the donor’s program or distribute their literature.

    In my opinion, we should have a table where literature from any organization or business involved in clean energy can display their literature. We must make sure that we have invited as many businesses and organizations as we can reach to use this service all. We do not have room to provide a table to representatives from each organization. I have no problem with publicly thanking those donors who wish to be recognized. However, that recognition should be extended to each donor without regard to the size of the contribution. That could become an extensive list and the best way to acknowledge contributors might be in a printed list of supporters.

    To add you thoughts to the discussion of our policy for accepting donations click here.

  • NOAA public listening sessions

    Aloha, everyone.  Please help protect, maintain, and restore our ocean, island ecosystems, coastal, and Great Lakes natural resources for present and future generations by giving the National Ocean Council your feedback on their strategic action plans. Come out to the Listening Session and share your thoughts. Conservation Council for Hawai’i will be participating in any way possible. Let’s show out in force and let the federal government know that Hawai’i is important and that we need support protecting our ocean.

     

    This is posted by request of our esteemed member:

    Marjorie Ziegler

    Executive Director

    Conservation Council for Hawai’i

    808 593-0255

     

    When: Thursday, June 16, 1:00pm-4:00pm

    Where: Honolulu, Hawai’i

    The Neal Blaisdell Center

    777 Ward Avenue

    Honolulu, Hawaii 96814

    Neighbor Island Satellite locations at bottom of message

    For more information, visit http://www.facebook.com/event.php?eid=177568722300668

    <http://www.facebook.com/event.php?eid=177568722300668>

    or contact Jeremy Personius jpersonius@hotmail.com <http://jpersonius@hotmail.com/>

    or Sarah Winter Whelan sarah@littoralsociety.org <http://sarah@littoralsociety.org/>

     

    Whether you’re concerned about healthy and sustainable fish stocks or protecting our Monk Seal, whales and honu or making sure that offshore energy facilities are sited properly- now’s your chance to speak out!

    The government is hosting regional public listening sessions to discuss how to fix some of the most pressing problems facing our islands, oceans, coasts, and Great Lakes. And they want to hear from you.

     

    Last July, President Obama created our country’s first-ever national ocean policy. Like a Clean Air Act for our air or a Clean Water Act for our water, we finally have a bedrock environmental policy to safeguard our seas. Now, a new National Ocean Council is now working to put this into action – and they need to hear from you!

     

    The Council is developing strategies to fix our ocean issues and they’re hosting regional public meetings to discuss their plans so far. This is your chance to tell them what needs to happen in Hawai’i.

     

    The first actions taken by the Council will set its tone for years to come – help them make our national ocean policy come alive.

    STRATEGIC ACTION PLAN OUTLINES:

    To see the outlines: http://www.whitehouse.gov/administration/eop/oceans/sap <http://www.whitehouse.gov/administration/eop/oceans/sap>

     

    To comment: http://www.whitehouse.gov/administration/eop/oceans/sap/comments <http://www.whitehouse.gov/administration/eop/oceans/sap/comments>

     

    Participating agencies on the Council will be hosting a dozen regional listening sessions between now and July 1 to allow for public input on the content of these outlines.

     

    Neighbor Island Satellite locations

    All times and dates are local*

     

    Maui Community College (Ka’a’ike 103)

    310 Ka’ahumanu Ave

    Kahului, HI 96732-1617

    June 16, 1:00-4:00pm

     

    Kauai Community College (Learning Resource Center 121)

    3-1901 Kaumualíi Highway

    Lihue, HI 96766

    June 16, 1:00-4:00pm

     

    UH Hilo (Learning Resource Center 344)

    200 West Kawili St.

    Hilo, HI 96720-4091

    June 16, 1:00-4:00pm

     

  • How should this Environmental Caucus blog the use?

    I have used this blog to share information and opinions that came to me from a variety of sources. I have not always been careful to indicate when the post represented an official position of the caucus and when the post was simply the opinion of the source and was posted to stimulate discussion.

    In the future I will be sure to differentiate between the official positions taken by the steering committee or by the general caucus and those posts which are personal opinions of those making the post and are published in our blog simply to stimulate discussion.

    In the future, I will only post issues which have been previously discussed by the steering committee or the general caucus.

    This blog is a place for discussion. When we make a post there is always an opportunity for you to comment. It’s very important that you share your thoughts with the other members of this blogging community. It’s the only way that you’re steering committee can benefit from your expertise.

    Bill Sager, Resource Management Committee Chair

  • Community based management threatened again.

    this was sent to me by Michelle Matson.  Sorry to find out about this so late.

    Community based management is the heart of traditional Aha Moku as it was conceived and practiced by the first Hawaiians.  It is also how we keep our leaders honest.  The Hawaii Community Development Authority has been deeply involved in creating a master plan for Kaka`ako Makai.  Now that planning is being undone by HB680.

    This is an ill conceived bill pushed by developers who want high density development.  Rather than encouraging and supporting community based management, this bill will gag the peoples voice.

    The Democratic Party despirately needs to have a platform plank supporting community based management based on Aha Moku as originally conceived.  The bringing together of the experts and stake holders to determine the future of their ahapua`a.

    Bill Sager

    A Message from Michelle Matson

    YOUR IMMEDIATE HELP ASKED
    TO STOP HOUSE BILL 680

    SPECIAL-INTEREST LEGISLATION
    CANCELS THE COMMUNITY VOICE
    on the
    FUTURE OF KAKA’AKO MAKAI

    Aloha ELN members:
    Tomorrow, Tuesday May 3, will be the final floor vote by the State Senate and House to determine the fate of House Bill 680. This bill repeals the Hawaii Community Development Authority’s requirement to collaborate with and consider the recommendations of the community-based Kaka’ako Makai Community Planning Advisory Council (CPAC) on any plans for Kaka’ako Makai.

    The CPAC has maintained their commitment to the future of Kaka’ako Makai in the public interest for this last remaining open shoreline area that will serve Honolulu’s growing urban population. The CPAC has worked diligently over the past four years to achieve community consensus in developing the Vision and Guiding Principles for the Kaka’ako Makai Master Plan and community consensus on the park features and public cultural facilities needed and desired by the community for this vital community cultural gathering place.

    However, despite the CPAC’s achievements through community consensus building and stakeholder interaction, this year at the State Legislature the CPAC has been targeted with House Bill 680, repeal of the statute enabling the CPAC’s recognized advisory role in conducting public forums to communicate, collaborate and be consulted on the final Master Plan for the future of Kaka’ako Makai. Coupled with this bill were testimonies from certain development interests and their followers engaged in misrepresentations and misstatements to discredit the CPAC.

    No valid reason has been given for this shocking attack on the democratic process intended to silence the community’s important public voice. But is now understood that known developers and the HCDA no longer want community-based planning to interfere with their own plans for high density retail and residential development alien to and apart from the community-based Master Plan.

    Find below what the responsible community, including professional and community organizations, environmental and recreational groups, local business owners and concerned individuals say in response to this unwarranted and vicious attack carried out through House Bill 680.

    If you are concerned with the ill-directed attempt of House Bill 680 to:
    – Repeal Public Collaboration
    – Restrict Public Participation
    – Cancel Consensus Building
    AND
    Stifle the Public Voice in the Futureof Kaka’ako Makai,
    please phone your own state senator and representative NOW, before tomorrow’s vote, and tell them:

    “Please vote against House Bill 680.”

    Locate your senator’s contact information HERE and
    your representative’s contact information HERE

    ALSO
    PHONE, FAX OR EMAIL
    House Speaker Speaker Calvin Say
    phone: 808-586-6100
    fax: 808-586-6101

    PHONE, FAX OR EMAIL
    Senate President Shan S. Tsutsui
    phone: 808-586-7344
    fax: 808-586-7348

    QUOTES FROM EARLIER TESTIMONY
    AGAINST HB-680

    American Institute of Architects
    AIA  Honolulu
    “By eliminating the Citizen Advisory Council (CPAC) for Kakaako, this bill would remove public participation and the opportunity for public consensus from the planning of Kakaako Makai. … AIA Honolulu urges legislators to reject this bill as written.”

    Office of Hawaiian Affairs
    “The office of Hawaiian Affairs (OHA) OPPOSES HB 680 … We urge lawmakers, the HCDA and the community to explore alternative ways to make the CPAC more effective.  Therefore, OHA urges the committee to HOLD HB 680.”

    Hawaii’s Thousand Friends
    “Hawaii’s Thousand Friends opposes HB 680… We urge you to not silence the public’s voice and to hold HB 680.”

    Sierra Club O’ahu Group
    “The Sierra Club O’ahu Group (SCOG) strongly opposes HB 680 … we do not believe the Legislature would be serving the best interests of the citizens of Honolulu by silencing the voice of the community.”

    Surfrider Foundation Hawaii
    “… Please do not pass this disrespectful bill because it will only lead to anger and division in the community and similar demonstrations to the ones five years ago that helped Save Kakaako Makai. …”

    The Outdoor Circle
    “… You have a choice.  You can hold this legislation and affirm there is a place for public involvement in community planning or you can pass it and know that you are directly undermining the ability to attract citizens and legitimate stakeholders into future participation in projects of this type. …”

    Dexter Okada, HCDA Board Member
    “I am a member of the Hawaii Community Development Authority (HCDA … testifying as an individual who participated in the Save Our Kaka`ako coalition and a current participant of the Kaka’ako Makai Community Advisory Council (CPAC). Much of Kaka ‘ako Makai is public land and many in the public have shown great interest in the future of Kaka ‘ako Makai.  “CPAC’s meetings are open to everyone. … CPAC is the venue for public input and collaboration and all that is required is participation.”

    Reg White, Kewalo Basin Tour Market Stakeholder
    Paradise Cruises
    “… This poorly conceived bill is obviously promoted by a frustrated HCDA management that wants the freedom to run amok once again with the public’s asset.  This is about the last of the valuable waterfront property left in the Waikiki/Honolulu area and we will only get one chance to do this right, so let’s keep the safety valve of the CPAC oversight in place as originally intended by this legislature!  Hold this bill!”

    Bob Miller, Advanced Restaurant Management Ltd.
    “I oppose repealing the requirement that HCDA collaborate with CPAC when considering development of the Kaka’ako makai area.  … It would be the height of folly for the State to ignore the input of its citizens when deciding how to develop the Kaka’ako Makai area.  I urge you to recommend that this bill NOT be passed.”

    Nancy L. Hedlund Ph.D
    “It is with shock and disappointment that I learn that any reasonable citizen or public servant would advance a bill such as HB 680 to abolish ANY community citizen advisory group on any grounds… I respectfully urge you NOT to advance this most unfortunate bill. …  What kind of society do we live in, here in Hawaii, if the State government seeks to abolish the rights of citizens to speak and be heard on matters of direct concern to Hawaii’s well being, now and into future generations?”

    Ricardo Trimillos
    Hawaiian Music Hall of Fame
    “This testimony opposes the elimination of the CPAC as an advisory body to the plans for Kaka’ako Makai.  The dedication of this area to cultural and public use is important for the stewardship of the wellbeing of Hawaiian culture as the host culture and the larger culturescape of local cultures in Hawai’i.”

    Robert H. Richmond
    Kewalo Marine Laboratory
    “I am submitting this testimony in strong opposition to HB 680 which aims to repeal the requirement that the Hawaii Community Development Authority (HCDA) consults with the Kaka’ako Makai Community Planning Advisory Council (CPAC… I hope the members of the Hawaii State legislature will consider the vision developed by the CPAC, and insure that this is the guidance used for this very special and important area of Honolulu.”

    Ron Iwami
    Friends of Kewalos
    …”We believe in the intent of CPAC which is to bring the public voice to the table.  Please do not take this important right away. …”

    Eric K. Keawe
    “I am remitting my testimony in opposition to HB 680.  This is a very abrupt decision from which I do not know where it came… The current law requires CPAC to be involved in the development process by being the voice of the people.  This is a very rude bill and should be denied.”

    Lydi Morgan Bernal
    “I strongly oppose this bill….  I have personally been to many meetings where CPAC members have been involved.  … members that have spent HUNDREDS of hours in service and dedication to Hawaii’s people and the special place that is Kaka’ako Makai. … PLEASE do what is right and KILL THIS BILL.”

    James M.K. Stone, Jr., President
    Hawaiian Music and Dance Foundation
    “… It is fair to say that the development of Kaka’ako Makai has experienced serious challenges which to a great extent have arisen form a sense that the community did not always have an opportunity to provide meaningful input … To the extent CPAC’s legislative mandate is withdrawn, an important voice of the people will be silenced.”

    William Feltz, Community Performing Arts Stakeholder
    East-West Center Arts Program Manager
    “I testify in opposition to HB 680… I have been one of many (50+) community stakeholders faithfully attending the Community Planning Advisory Council for more than three years.  The CPAC has been a conduit for many diverse viewpoints, and it has come up with a solid consensus on guiding principles and a vision for the area that is community-based.  This CPAC has continued to this day to serve as the voice of the community, with the hope that this precious Kaka’ako Makai can eventually be a gathering place serving a wide spectrum of community needs. … Please do not approve legislation that inhibits, rather than encourages, community input!”

    Elizabeth Reilly
    “I testify in opposition to HB 680, relating to Kaka’ako Makai. … Without continued and formalized input, the HCDA risks departure from the community wants and needs; if this happens, once again there will be backtracking, as there was after the A&B “luxury condo” fiasco.  It is best to stay the course – do not support HB 680 as it is unfair legislation.”

  • One day to make a difference

    The Legislature is scheduled to end Tuesday, May 5th.  Senators and Representative vote on the final version of remaining bills – meaning – both chambers must give each bill a yes vote or it dies.  (Links are below)

    If you want a bill to die, contact the legislators, give them your name and simply ask them to “Vote NO on HB1566 and SB1555” or whatever bill number(s) you are interested in. The attachment to this email has legislators’ contact information. (Visiting the office on Monday, call & leave a message or faxing is better than email.)

    Each of the remaining bills contains something for everyone – statewide, whether it is waterfront public land development on the neighbor islands or raising the fees or adding requirements of the people already using a public facility.

    Michelle Matson did excellent bill summaries that will impact many folks (scroll waaay down to see her email).

    However of the ocean recreation issues in tracked bills – 3 are left.

    HB931 – requires all DLNR harbor slipholders to exit their harbor every 90 days.  The problem with this is the Harbor Master must see your boat leave.  That means 8-5 Monday to Friday.  If you go out at night or on the weekend no one is there to document that you left.

    SB1555 allows development via privatization with 65 year leases. Allows DLNR to transfer public lands into a newly established Public Lands Development Corporation “to administer an appropriate and culturally-sensitive public land development program.”  Allows HCDA to provide assistance.

    HB1566 allows
    1) mooring fees statewide to be set be an appraiser but allows commercial operators to choose either the DOT rate of 1.8% of gross instead of DLNR’s rate of 3% of gross.
    2) converts recreational slips to commercial slips in Ala Wai and Keehi harbors but
    3) targets only Ala Wai to privatize the entire harbor – including parking areas – for development for hotels, timeshares, office space and other uses. Also eliminates and county special district requirements.

    Your window of opportunity is open until Monday night.

    Aloha and good luck.

    From: Michelle S. Matson
    Sent: Saturday, April 30, 2011 8:43 AM
    Subject: Legislative Time Bomb Update

    HB 1020 – Aloha Tower Development Corp. has been reactivated and will now be operating the Aloha Tower Complex with a reduced Board of 3 under DOT.  Thank you Bob Loy for assisting with turning this around and away from the HCDA in the Senate, thus helping to Save Irwin Park once again.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1020

    SB 1247 – Transferring Aloha Tower Development Corp. planning and zoning functions to HCDA failed.  Senate WLH vice chair’s gutting and replacing with stand-alone casino and gaming agency failed.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1247 and http://www.hawaiireporter.com/legalized-gambling-proposal-gains-new-life-at-hawaii-legislature/123

    GM 510 – The former chair of ATDC who lead the charge targeting Irwin Park at Aloha Tower for a multi-level parking garage, resulting in the State being sued and environmental organizations prevailing, is none other than the nominee for State Attorney General slated for confirmation on Tuesday.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=GM&billnumber=510

    SB 699 – OEQC remains underfunded.  See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=699

    HB 1566 – Allows commercial development and commercial vessel use of Ala Wai recreational boat harbor’s fast and submerged lands, with moorage fees by commercial appraisal..

    See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1566

    HB 337 – By adding permit exemptions for Coconut Island per Senator Hee, Senate WLH ultimately killed this vital and benevolent bill to protect valuable Hawaiian fishponds.

    SB 1363 – Plastic bag glut and ocean garbage islands are still stuck in the Legislative vacuum.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1363

    HB 1405 – After being gutted by Senate WLH to contain an unrelated issue, this bill has been restored to enable the Office of Planning to establish a system of green gateways and trails.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1405

    HB 1082 – Establishes the DLNR Conservation and Resources Enforcement Special Fund to be used toward the protection of the State’s natural, cultural, and historic resources. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=1082

    HB 331 – After Senate WLH gyrations and contortions of speculative maneuvering by adding unrelated sections to a) protect wildlife and b) establish a public lands development corporation, the contents of this bill were returned to allowing the BLNR to modify state land leases to not exceed a term of 65 years. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HB&billnumber=331

    SB 1530 – Allows extension of state land leases for not longer than 55 years on hotel or resort uses planning  “substantial improvements.”  See  http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1530

    SB 2 – Requires DLNR state land inventory and database covering state land under all agencies.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=2

    SCR 172 and HCR 283 – HCDA operations and management audit request went nowhere. See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SCR&billnumber=172 and http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=HCR&billnumber=283

    HB 680 – Repeals HCDA’s statutory requirement to collaborate and consider the recommendations of the community-based CPAC for any plans for Kaka’ako Makai.  Fifty (50) testimonies from organizations and individuals strongly opposed HB 680 disabling community-based planning participation, collaboration and consensus forums for Kaka’ako Makai.  But this did not seem to make any difference to a Legislature lead on by district representatives, developer-driven committee chairs and their followers this year.  A developer-initiated smear campaign against the diligent community-based CPAC carried the bill through only two (2) committee hearings by House WLO and Senate WLH, and it is now headed to the Governor’s office.  See http://www.capitol.hawaii.gov/session2011/bills/HB680_CD1_.htm

    SB 261 – The Hawaiian Cultural Center for Kaka’ako Makai supported by community consensus stalled in House FIN.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=261

    SB 1555 – Establishes a Public Lands Development Corporation “to administer an appropriate and culturally-sensitive public land development program.”  Allows HCDA to provide assistance.  See http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1555:

    § -1 Findings and purpose.  … Creating a development arm of the department of land and natural resources…

    The corporation shall coordinate and administer programs to make optimal use of public land… shall identify the public lands that are suitable for development… carry on marketing analysis to determine the best revenue-generating programs…. enter into public-private agreements to appropriately develop the public lands identified…  Permissible uses of public land pursuant to this chapter shall include but not be limited to office space; vehicular parking; commercial uses; hotel, residential, and timeshare uses; fueling facilities; storage and repair facilities; and seawater air conditioning plants.
    The board of directors of the public land development corporation shall consist of five voting members. The members shall include: (1) The chairperson of the board of land and natural resources, or the first deputy to the chairperson of the board of land and natural resources; (2) The director of finance, or the director’s designee; (3) The director of business, economic development, and tourism, or the director’s designee; (4) One member to be appointed by the speaker of the house of representatives; and (5) One member to be appointed by the president of the senate; provided that the persons appointed by the speaker of the house of representatives and the president of the senate shall possess sufficient knowledge, experience, and proven expertise in small and large businesses within the development or recreation industries, banking, real estate, finance, promotion, marketing, or management.  The term of office of the two voting members appointed by the speaker of the house of representatives and the president of the senate shall be four years each.  The board shall appoint an executive director, who shall serve at the pleasure of the board…

    § -4 Powers; generally. (a) Except as otherwise limited by this chapter, the corporation may:  (7) Acquire or contract to acquire by grant or purchase: (A) All privately owned real property or any interest therein and the improvements thereon, if any, that are determined by the corporation to be necessary or appropriate for its purposes under this chapter, including real property together with improvements… (B) Encumbrances, in the form of leases, licenses, or otherwise, needed by the corporation or any state department or agency for public purposes, the disposition of subdivided lots, houselots, apartments or other economic units, or economic development;  (8) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired; and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;   (9) By itself, or in partnership with qualified persons or other governmental agencies… own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project; and develop or manage, by itself, or in partnership with qualified persons or other governmental agencies, any project that meets the purposes of this chapter; (10) In cooperation with any governmental agency, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, acquire, construct, operate, and maintain public land facilities, including but not limited to leisure, recreational, commercial, residential, timeshare, hotel, office space, and business facilities, at rates or charges determined by the corporation; (12) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new recreation and visitor-industry related products, the expansion of established recreation and visitor-industry or land development enterprises, and the altering of existing recreational, visitor-industry related, or land development enterprises;  (14) Grant options to purchase any project or to renew any lease entered into by the corporation in connection with any of its projects, on the terms and conditions it deems advisable; (19) Subject to approval by the department, assume management responsibilities for small boat harbors in accordance with chapter 200 and any rules adopted pursuant thereto for periods not to exceed one year; (20) Recommend to the board of land and natural resources the purchase of any privately owned properties that may be appropriate for development;

    § -8 Approval of projects, plans, and programs. All public lands optimization projects, public land development plans, and project facility programs developed by the corporation shall be approved by the board.

    § -16 Transfer of public lands. (a) Notwithstanding chapter 171 (Conservation and Resources) or any provision of this chapter to the contrary, the department may transfer, subject to the approval of the board of land and natural resources, development rights for lands under its jurisdiction to the corporation for purposes of this chapter; provided that: (1) Development rights for all small boat harbors that have an existing contract in force and effect relating to a lease or development agreement, or a request for proposal that has been advertised or is under negotiation for capital improvements to harbor facilities as of July 1, 2011, shall be transferred to the corporation on July 1, 2011… if the public land corporation is not fully operational by July 1, 2011, the department shall continue to execute its responsibilities relating to negotiating or executing a contract for any such request for proposal or managing any existing contract until the corporation is able to assume the negotiating, oversight, and management responsibilities relating to the existing contract or request for proposal, as the case may be, or until June 30, 2013, whichever occurs first; (2) If the property to be developed is two hundred acres or less and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation; (3) If the property to be developed is greater than two hundred acres and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation, subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both houses in any regular or special session next following the date of transfer; and (b) If the corporation finds that state lands under the control and management of the department or other public agencies are suitable for its purposes under this chapter, the corporation may lease the lands from the agency having the control and management of those lands, upon such terms and conditions as may be agreed to by the parties.

    § -19 Exemption from requirements. Notwithstanding section 171-42 (Hotel and resort uses) and except as otherwise noted in this chapter, projects pursuant to this chapter shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

    Hawaii Community Development Authority (HCDA)

    SECTION 2. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows: “§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:  (19) Assist the public land development corporation established by section -3 in identifying public lands that may be suitable for development, carrying on marketing analysis to determine the best revenue-generating programs for the public lands identified, entering into public-private agreements to appropriately develop the public lands identified, and providing the leadership for the development, financing, improvement, or enhancement of the selected development opportunities; provided that no assistance shall be provided unless the authority authorizes the assistance.”

    HCDA Executive Director:  The Kaka’ako Makai community-based master plan is “a flexible conceptual framework… subject to foreclosure.”

  • Surviving Bills – Resolutions needed.

    The legislature is winding down.  Bills are either in conference or ready for a floor vote.  The following conservation bills where in conference as of Friday, 4/9/11,  You cannot testify.  You can listen and you can talk to committee members when you can catch them at a free time.

    SB120 SD 1 – The Legacy Land Fund Bill is still alive and has been placed on the calendar for third reading.  It was heard on Wed. by House Finance, passed out of Committee on Thur with amendments.  The original version proposed to zero out legacy for the next two years.  The amendment proposes to reduce the allocation of the real estate conveyance tax from 10 percent to 5 percent.  So rather than 4.5 mill or so, the Legacy fund would get about 2.25M.  About 400K of that is reserved for invasive species (internally through DOFAW), and about 500K for staffing and internal costs.  That leaves a little over 1.25M for land conservation projects.  A victory of sorts in these hard time.

     

    http://www.capitol.hawaii.gov/session2011/Bills/SB120_HD1_.HTM (this is the current version of the bill)

    Our next challenge is to create resolutions to be submitted to the Oahu County Convention.  Resolutions are due by April 25.  Take a look at the priority issues we discussed and voted on last fall.  Pick an issue you are passionate about, create a resolution and get it to our steering committee meeting April 20.

    This is our chance to influence the party platform.

     

     

    HB865 Inspection fee increased from 50 cents to 75 cents per 1000 pounds of frieght for container inspection  Recommend for 3rd Reading 4/8/2011

    cargo inspection is necessary to prevent introduction of invasive alien spp. to the state.


  • Action Alert HB117 HD2 is bad bill

    ALERT – Thursday 4/7 Senate Committee on Water, Land and Housing (Donovan Dela Cruz, chair) and Committee on Energy and Environment (Mike Gabbard, chair) will hear HB 117, HD2 which expedites approval and processing of certain projects within special management areas (SMA). Bill and hearing notice are attached.

    The bill makes 2 changes to HRS 204A-22 CZM

    1) The bill adds a new definition, underlined, of what isn’t development within Special Management Area (SMA) HTS 205A: “Construction of a single-family residence that is not part of a larger development or which does not exceed ten thousand sq feet of floor area.”

    Exempting 10,000 sq ft buildings from the definition of “development,” large residences up to 10,000 sq. ft. will not be subject to the Coastal Zone Management Act (CZM) permit process. This exemption allows developments up to 10,000 sq. ft. to escape review under CZM even in the most sensitive areas and without oversight would impede public access.

    2) The bill eliminates the value of a development which is the trigger for a minor/major SMA permit. “Special management area use permit” means an action by the authority authorizing development [the valuation of which exceeds $125,000 or which] that may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects.”

    Without a threshold dollar amount for minor permits, agencies will be under considerable pressure to distinguish between minor and major permits under the “no substantial adverse impact” as the sole determining factor.

     

    This change could increase litigation as residents fight to protect coastal areas, lead to confusion as to the limits of minor permits and eliminate the clear trigger for public participation, which is now required for anything over $125,000.

    Special management areas are areas in which coastal resources are likely to be impacted by development activities. Each county sets the boundaries for its SMA through the Coastal Zone Management Act. SMA boundaries may range from about 100 yards from the coastline to several miles inland, depending upon how far inland development may have an adverse impact on coastal resources.

    ACTION – ask the committee to keep the $125,000 threshold and to not allow an exemption for oceanfront houses, regardless of size.

     

  • Legacy Land Conservation Fund endangered

    This is extremely important.  Trust funds are set up to make sure activities that require consistant, log term effort are adequately funded.  Defunding the Legacy Land Conservation Fund for two years will jeopardize 6 years of effort and important on going efforts to help the homeless and to enable important conservation projects.

    FYI, Senate Bill 120, HD 1 is scheduled to be heard before the House Finance Committee on Tuesday, April 5 at 4:30 in Room 308.  Section VIII of the bill proposes to zero out the Legacy Land Conservation Fund for two years.  Please submit testimony regarding the importance of the fund:

    The hearing notice is at:

    http://www.capitol.hawaii.gov/session2011/hearingnotices/HEARING_FIN_04-05-11_3_.HTM

    To submit testimony opposing this bill, please submit testimony today (if can) indicating:

    ·     Testifier’s name with position/title and organization;

    ·     The Committee the comments are directed to (House Finance Committee);

    ·     The date and time of the hearing (Tue, April 5 at 4:30);

    ·     Measure number (SB 120 HD 1); and

    ·     The number of copies the Committee is requesting (2 copies).

    Submit testimony in ONE of the following ways:

    PAPER:  2 copies to Room 306 in the State Capitol;

    FAX:       For comments less than 5 pages in length, transmit to 586-6001 (Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web); or

    WEB:      For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

    Talking points:

    -The Legacy Land Conservation Fund (LLCF) was passed in 2005 with broad support of the conservation and affordable housing communities, and the vast majorities of the House and Senate.

    -The LLCF has resulted in signature Legacy project in all the areas in which the fund was established to protect.  For example,  MA’O Farm for agriculture, Lapakahi State Historical Park for Hawaiian culture and coastal access, Honouliuli Forest Reserve for watershed and habitat protection.  For a complete list of projects:

    http://hawaii.gov/dlnr/dofaw/llcp/legacy-land-conservation-program-projects-new

    -The LLCF leverages significant sources of federal, county, and private dollars, and results in significant ecosystem services.  Studies in other areas of the U.S. suggest that land conservation returns $6 in ecosystem services for every $1 spent (e.g., avoiding treatment of drinking water, erosion and flood control, scenic resources that draw tourism).

    -The program has already been cut by 60% as real estate conveyances taxes have dropped during the poor economy.

    -The down economy is also a strategic time to invest in once-in-a lifetime land conservation opportunities that will never happen again — land values are down, and land conservation of scenic coastlines, agricultural land, and other important resources to Hawai’i — are more possible than ever.  If we don not have a small core program, we will lose these opportunities forever.

    -The program should not be zeroed out — staff would lose their jobs, the volunteer Legacy Land Conservation Commission would be disbanded, ongoing efforts to pass administrative rules would be halted, institutional knowledge would be lost.   Start up of the program from zero would difficult and costly.

    Mahalo for your help.

    Lea Hong

    Hawaiian Islands Program Director
    Trust for Public Land
    1136 Union Mall, Suite 202
    Honolulu, HI  96813
    808-524-8563 (direct)
    808-783-3653 (mobile)
    (808)-524-8565 (fax)

    The Trust for Public Land – Celebrating 35 years of conserving land for people–2 million acres and counting. www.tpl.org

     

  • We need an effective food safety system

    We need a state-designed food safety system that is science-based; that includes our farmers and leads us to food security and sustainability.

    Check out this the editorial

  • Tell Senate jobs must be priority

    The following letter is being sent to our Senators.  The devisating affect of budget cuts on worker, social programs and the environment are hardly being mentioned by the media.  This letter focuses on the impact of cuts on environmental programs.  A similar letter could be written about social programs, worker safety, public education and a host of other vital programs the T Partiers want to eliminate.  Use this letter or even better write your own.  Long term deficit spending is a serious concern, but now is not the time to fire 10s of thousands of vitally need public employees.  Tell your Senators that jobs, not the deficite, has to be their primary concern.

    The following letter is being sent to our Senators.  The devisating affect of budget cuts on worker, social programs and the environment are hardly being mentioned by the media.  This letter focuses on the impact of cuts on environmental programs.  A similar letter could be written about social programs, worker safety, public education and a host of other vital programs the T Partiers want to eliminate.  Use this letter or even better write your own.  Long term deficit spending is a serious concern, but now is not the time to fire 10s of thousands of vitally need public employees.  Tell your Senators that jobs, not the deficite, has to be their primary concern.

     

    Dear Senator ________,

     

    Aloha.  As environmental, Native Hawaiian, health, and labor organizations in Hawai‘i, we represent a wide range of groups concerned with the Continuing Resolution that passed in the House of Representatives.  The bill is a comprehensive assault on the decades-long bi-partisan legacy of environmental protection in America, which has benefited the people of Hawai‘i in so many important ways.  The bill includes extreme funding cuts as well as anti-environment riders that would be harmful to Hawai’i. It represents a radical departure from the longstanding national commitment to making the air we breathe and the water we drink cleaner and safer, as it dramatically slashes funding for our nation’s most important wildlife conservation and habitat restoration programs while blocking enforcement of several bedrock public health and environmental laws.  We write to ask you to make strong environmental protection a priority during conference negotiations on the continuing resolution, and help protect the legacy you helped establish.

     

    The bill contains several anti-environmental riders that would lead to more polluted air and water and a less protected natural environment, in Hawaii and throughout the country. One rider in the bill explicitly extends loopholes in the Clean Water Act that jeopardizes drinking water for 117 million Americans and handed over 20 million acres of wetlands and prime wildlife habitat to polluters and developers. Additionally, Clean Air Act prohibitions in the bill would place an unprecedented gag order on the Environmental Protection Agency, requiring the agency to turn a blind eye to carbon dioxide pollution from smokestacks, in defiance of the Clean Air Act, a Supreme Court order, and sound science.

     

    In the 40 years since the Clean Air Act and the Clean Water Act were enacted, they have safeguarded America from polluter excess, giving us clean skies and keeping toxic pollutants out of our streams. They have spurred economic growth and green jobs while preserving our state’s cherished wildlife legacy. These special interest provisions that were not subject to open hearings and debate afforded by the normal legislative process, and appear to be aimed at fulfilling a long sought agenda of polluters to turn back the clock on decades of bipartisan conservation progress.

     

    Not only will the bill undermine America’s bedrock environmental laws but it also cuts funding for crucial programs that safeguard Hawaii’s wildlife and natural ecosystems. These programs, including the Land and Water Conservation Fund, the State and Tribal Wildlife Grants Program, the operations budget of the National Park Service, the National Wildlife Refuge System, and the Cooperative Endangered Species Fund, not only protect Hawaii’s natural resources, but provide important economic benefits to our state. These programs have helped to protect such places as Hawaii’s Volcanoes National Park, Haleakala National Park, Hakalau Forest National Wildlife Refuge, as well as state reserves, wildlife sanctuaries, and watersheds. These places, and our unique natural environment, are our legacy to future generations.  They also support the living Native Hawaiian culture, add to the quality of life here in the islands, and attract visitors from around the world.  We ask you to use your leadership status in the Senate to defend these programs that help to protect and maintain this resource and which are vital to the future of Hawaii.

     

    While we recognize the reality of a growing US deficit, we also know that over the past 30 years, America’ investment in parks, wildlife, clean water, and clean air has fallen from 1.7% of federal spending to 0.6% of federal spending.  This includes the full budget for the Department of Interior and EPA.  Although these programs are a small sliver of federal spending, they deliver a big payoff in the form of 3 million jobs in communities throughout America today.  Furthermore, a serious effort to address the deficit would tackle the $4 billion in annual subsidies for oil and gas corporations and a host of other tax breaks and subsidies for big polluters, rather than cutting clean energy programs that would promote sustainable sources of fuel and minimize our dependence on foreign oil.

     

    The House bill is an assault on conservation in America and the funding cuts are an overreach of epic proportion.  The government and public have a longstanding national commitment to advance cleaner air and water, and protect our natural resources for the benefit of all Americans and Hawaiians, and we urge you to protect the environmental legacy by standing up for Hawai’i and the environment during upcoming negotiations.

    senator@inouye.senate.gov

    senator@akaka.senate.gov