Island Breath: Hawaii 2005 Legislative Halftime

HAWAII LEGISLATIVE 2005 SESSION

SOURCE: JUDY DALTON dalton@aloha.net

GREEN BILLS: What passed, what failed at the legislature

18 May 2005 - 7:00am

Hawaii Statehouse in Honolulu

On balance, the 2005 legislative session produced some impressive results for Hawaii's environment. Nearly all of the "bad" measures failed (including the attempt to weaken the hazardous waste law, thanks to those who responded), while bills sent to Governor’s desk would help protect wild coastline, increase clean energy use, provide additional recycling centers, prohibit golf courses on farmland, and reduce coastal light pollution. A detailed list is below (and online at www.hi.sierraclub.org/legislative)

MAHALO to everyone who made an effort to contact legislators or submit testimony this session -- collectively it made a huge difference. If you can, please contact the Governor regarding the major legislative victory this session: the Legacy Lands Act. See www.legacylands.org/involved.htm#letters.

PRIORITY ENVIRONMENTAL BILLS
(AS DESCRIBED IN "COMMON SENSE CONSERVATION 2005")

Legacy Lands Act (HB 1308 CD1).PASSED. This landmark legislation creates a dedicated funding source for purchasing coastal lands, watersheds, and wild areas. Specifically, HB 1308 CD1 creates a mechanism to fund the "Land Conservation Fund" within the Department of Land and Natural Resources -- a fund that has been dormant for nearly three decades -- by earmarking 10% of the conveyance tax revenues. The measure also increases the conveyance tax to 20 cents per $100 in value for real property transactions over $600,000 and to 30 cents per $100 for properties over $1 million. The conveyance rate for properties under $600,000 -- which comprised 93% of conveyances in 2004 -- remains at 10 cents per $100 in value. The measure adds an additional rate formula for those purchasing second homes or investment properties, charging 15 cents for properties up to $600,000, 25 cents for those over $600,000 and 35 cents for those topping $1 million. The conveyance tax yielded just over $16 million in 2004, and the formulae contemplated in HB 1308 would likely double the revenue generated by the conveyance tax. The proposed boost in conveyance revenue will also increase funding for Hawaii's Natural Area Reserve Fund -- a fund that receives 25% of the total conveyance tax. Further, the bill will finally allow the state Natural Area Reserve System (NARS) to qualify for funding from the Natural Area Reserve Fund. While the NARS -- reserves of the best Hawaiian ecosystems on publicly-owned land -- struggles for its roughly $1 million budget appropriation annually, resource experts estimate that at least $5 million annually is needed to maintain the integrity of the NARS for our children and future generations. HB 1308 will provide additional funds to meet that need. Kudos go to the Trust for Public Land, the Nature Conservancy, Conservation Council for Hawai`i, Office of Hawaiian Affairs, farm groups and others who helped make this bill a reality. TO HELP THIS BILL BECOME LAW, PLEASE VISIT www.legacylands.org.

Cruise Discharge Pseudo-Regulations (HB 422 CD1). PASSED IN HIGHLY COMPROMISED FORM. One lowlight of the session was a measure aimed at regulating cruise ship wastes. House Bill 422 attempted to codify the current "memorandum of understanding" between the State and cruise lines, but the final bill meekly sets standards for sewage alone. Concerns were raised by cruise industry lawyers over the question of Federal preemption of state laws regarding how sewage from a vessel is treated (regulation of other wastestreams-such as graywater-is left to the states to regulate). The Sierra Club and other clean water advocates asked for a simple prohibition of all discharges from cruise ships within state waters, similar to recent laws enacted in California. Not only did the legislature fail to address their kuleana of greywater waste from cruise ships, but it is unclear whether the state even has the authority to enforce the law that was passed.For more information on the need for cruise industry regulation, see www.hi.sierraclub.org/cruise/.(This weakened bill was largely due to Rep. Joe Souki, House Transportation Committee Chair.)

Invasive Species (SB 956 CD1, HB 1301 CD1).PASSED. These measures are aimed at providing new tools to stop the introduction of new invasive species into Hawai`i. SB 956 allows the Department of Agriculture (DOA) to establish rules that require identification of specific articles on bills of lading or other shipping documents for the purpose of inspection due to pest risk. HB 1301 appropriates funds for statewide coqui frog eradication.

Proper Permitting (HB 895 CD1).PASSED IN WEAKENED FORM. The original intent of this measure was to repeal the existing "automatic permit approval" law that allows permits or rezonings to be approved by default if a deadline passes while a government agency or board is still deliberating the application. Automatic approval jeopardizes our coastal resources, scenic vistas and native Hawaiian rights. The final form of this bill, however, only repeals automatic approvals of public utility commission decisions and slightly changes the law in regards to quorum requirements. So the legislaturerecognized that public utilities decisions -- including electric rate hikes -- should not be made by default. But certain lawmakers are still comfortable allowing land use decisions to proceed automatically, regardless of impact. Next year the entire law should be repealed. (The original bill was significantly weakened by Rep. Ezra Kanoho and Rep. Bob Herkes, co-chairs in the first committee hearing.)

Shoreline determination process (HB 1020 HD3). FAILED.This bill would have helped to fix the process by which Hawaii’s shorelines are identified and certified when determining the setback for coastal developments. The bill clarifies that the shoreline is at the highest wash of waves during the season when the highest wave wash occurs, and increases public notification of shoreline certifications.(The bill failed to pass out of Sen. Russell Kokubun's Committee on Water, Land, and Agriculture.)

Genetically Modified Organisms Safety (SB 644, SB 1847, SB 1036, others). FAILED. These measures would have addressed concerns about open field testing of genetically modified organisms in Hawaii's environment by prohibiting the planting of crops meant to grow drugs or industrial chemicals, requiring labeling or disclosure of where the field trials are taking place, or assigning liability for future damages to the corporation who grows genetically modified crops. All GMO bills failed to pass out of the first committee.

Stopping Muddy Runoff. (HB 12 HD1). FAILED. This good bill would have required that developers and others who grade or move soil must take all reasonable precautions to prevent mud from entering into state waters. The bill would have also increased penalties for Hawaii's clean water law from $25,000 per violation to $40,000 per violation and clarified that citizens have the right to bring clean water law violators to court. (Never received a hearing in the House Judiciary Committee.)

Regulating Bioprospecting (HB 247 HD1). FAILED. This important bill would have called for a temporary moratorium on bioprospecting (genetic mining of endemic wild plants, animals, and marine life for commercial gain) until a commission could establish regulations to control the practice -- and ensure equitable benefit sharing with native hawaiians or the public. (Bill never received a hearing in Rep. Herkes Economic Development Committee.)

Clean Energy Standards (HB 1434 HD3, SB 1557 SD2). FAILED. The intent of these two measures was to fix last year’s flawed "Renewable Portfolio Standard" act -- an act that was aimed at requiring Hawaii's electric utilities to provide 10% clean, indigenous energy by 2010 and 20% by 2020, but by including fossil fuel power and simple energy conservation, fails to accomplish to set Hawai`i on a clean energy path. The bills originally would have removed fossil fuel generation from the definition of renewable energy and made other improvements, but were weakened through the legislative process until they died in committee. (Sen. Ron Menor and Rep. Ken Hiraki were largely to blame for the failure of these clean energy measures.)

Funding the Water Commission (HB 1433). FAILED. Not only is the State Water Commission -- which protects Hawaii’s streams and groundwater resources -- without a head right now, it lacks the funding to carry out many of its essential tasks. This bill would have appropriated additional funding to the Commission for key positions. (Bill died in conference committee.)

Clean Elections (HB 1713 SD2). FAILED. This bill would have meant real reform to help get the influence of money out of politics. Modeled after successful programs in Maine and Arizona, these bills establish a comprehensive public funding program for state legislative candidates and candidates for governor and lieutenant governor who agree to abide by campaign contribution and expenditure limits and meet other criteria.Bill died in the final moments of conference committee.

BAD BILL THAT PASSED

Identifying (50% of) important agricultural lands (HB 1640 CD1).Originally this potentially decent bill contained many necessary elements to accurately identify "important agricultural lands" as required by the State Constitution. But the final bill contained an 11th-hour amendment-inserted at the behest of large landowners-which prohibits the state from designating more than 50% of any landowner's farmland as "important" unless they request it be designated as such. This new section could prevent designation of many important agricultural lands statewide by allowing landowners to control the process. Basically, if the landowner has voluntarily designated 50% of its land on an island as IAL (excluding conservation land) then the government cannot designate any more of its land as IAL. For large agricultural operations, this means that they can decide to designate their land in one part of the island (Ka`u and Hamakua eucalyptus plantations, for example) and prevent having their land on another part of the island get designated (Honaunau coffee belt). A small landowner, with say 20 acres, can voluntarily designate 10 acres and be guaranteed that the remaining 10 acres will be non-IAL. This could easily result in a patchwork of IAL based on land ownership without the necessary contiguous parcels for sustainable agriculture protection. Under the proposed amendment, landowners would be able to prevent IAL designation on the property they want to urbanize by simply designating the remote areas that are not going to be urbanized anyway.

SOME BAD BILLS THAT FAILED

The Hokulia Bill (HB 1418, others).Despite significant pressure to amend Hawaii's land use law and overturn the court ruling that declared the Hokulia luxury development in South Kona an illegal use of agricultural lands, all measures to do so failed. The Hokulia project is still on hold pending an appeal before the state supreme court. The bills were special-interest legislation at its finest and would have undermined our effective land use law -- a law that not only protects natural, cultural, and agricultural resources, but prevents premature speculation of undeveloped lands and prevents sprawl.Special credit goes to Reps. Mele Carroll, Tommy Waters, Mina Morita, and Cynthia Thielen for voting against the Chair on a similar matter regarding the appeal of County land use decisions.

Weakening hazardous waste law (SB 788 SD1, HB 1462 SD1).These bills attempted to change the state's hazardous waste law by requiring property owners to merely "contain" -- instead of "clean up" -- hazardous substances or pollutants before they can be released from future liability from the waste. In order to be exempt from future liability, hazardous waste should be cleaned up, not simply covered up. Despite backing by Sen. Brian Taniguchi, these measures were stopped with the help of the House Judiciary Committee.

OTHER GOOD BILLS THAT PASSED

Stopping coastal light pollution (HB 895 CD1).This important bill specifically prohibits large floodlights and spotlights that are for decorative or aesthetic purposes from shining out into the ocean. Such artificial lights have been documented as causing the death of hatching sea turtles, fledgling shearwaters, nocturnal flying sea birds and migratory birds. Lights needed for harbors, airports, and other government operations will be allowed under the bill, as well as lights from hotels as long as they don't cast light beyond 30 feet from the shoreline.

Prohibiting golf courses on ag lands (HB 109 CD1).This major land use bill would prohibit future golf courses from being located on agricultural lands, instead allowing them to be built on lands classified as "rural." A proposed conference draft of the measure floated would have allowed the contentious Hokulia project in South Kona to proceed, but lawmakers later removed the language.

Bottle Law improvements, redemption centers (HB 1015 SD1, SB 680 HD1, SB 212 CD1). State lawmakers rebuffed attempts to repeal Hawaii's new bottle recycling law and instead passed a series of bills to improve the program. HB 1015 SD1 allows cans and plastic bottles that have been crushed to be redeemed and SB 680 HD1 requires the state to facilitate the sharing of bar code information for reverse vending machines. To address the need for more convenient and accessible redemption centers statewide, the legislature passed SB 212 CD1 to apply $6 million of the bottle law deposit fund to encourage retail stores and organizations to operate reverse vending machines by providing rebates of between $30,000 and $90,000.

Qualifications for Land Board member (SB 1680 SD1).Requires that at least one member of the board of land and natural resources have a background, knowledge, and demonstrated experience in the subject area.

Net energy metering expansion (SB 1003 CD1).This bill expands Hawaii's net energy metering law-the law that enables residents to reduce their electricity bill by effectively "selling" renewable energy to the grid-by allowing the Public Utilities Commission to increase the amount of net metered renewable energy allowed on the utility grid. The bill also allows net metered customers to carry over their excess clean energy credits from month to month up to one year. Renewable energy industry leaders believe the bill will give a tremendous boost to photovoltaic-or solar electric-residential sales.

Allowing solar panels on condos (HB 1017 CD1).This clean energy bill was partly the result of an individual in Ewa, O`ahu, who had the gall to install a solar water heater on the garage of his condo. The homeowners association told him to take it down because it violated their bylaws. This bill would ensure that individuals will not be restricted from doing the right thing by unfair association bylaws, covenants, or conditions.

State procurement of high efficiency vehicles (SB 1427 CD1).This measure requires that the state incrementally increase the percentage of alternative fuel vehicles-light duty cars and trucks that are either electric, fuel cell, or hybrid powered vehicles-over the next decade. At least twenty percent of newly purchased light-duty vehicles acquired by each state agency will be alternative fuel vehicles by 2007 and forty percent by 2009, should the bill be signed. Organizations supporting the measure believed that the state should be a role model for residents and businesses with their vehicles and the state's purchasing power will help drive demand for such vehicles locally.
Miloli`i fisheries management (SD 1883 CD1).This bill designates the Miloli'i fisheries management area in south Kona as a community based subsistence fishing area to preserve and maintain its legacy as a traditional Hawaiian fishing village.

Emergency environmental workforce (SB 1554 CD1).This good bill would appropriate funds to permanently establish the emergency environmental workforce to assist the counties in their fight against invasive species.
State sustainability plan (SB 1592 CD1).This decent bill creates a task force to review the Hawaii state plan and make recommendations for a sustainability plan to the year 2050.

HAWAII LEGISLATIVE 2005 CROSSOVER

dalton@aloha.net 11 March 2005 - 10:30am

Coral reef fringes Hawaii's Oahu coast: Image by Hawaii Coral Reef Institute-Research Program