On March 12th three House Committees heard SB2818-"A Bill for an Act Relating to Environmental Protection". The Bill proposes to radically overall the statutorily required environmental review of major developments.     At the March 12th hearing the combined House Committee  voted to delete the controversial sections of the bill (at least for now)  and forwarded the remaining portion of the legislation to the House Judiciary Committee. The amended bill, SB2818 SD2 HD1, is scheduled to be heard by the House Judiciary Committee on Tuesday 3/16 at 2:15 p.m. (This March 12th combined House Committee was comprised of the House Committee on Energy and Environmental Protection; the Water, Land and Ocean Resources Committee; and the Economic Revitalization Business, and Military Affairs.)

In previous action, the Senate Committee on Energy and Environment and Water Land and Agriculture and Hawaiian Affairs, by vote on February 12th, set up a "stakeholder" committee to work on a compromise of the controversial sections of the bill. According to the March 12th combined House Committee, the key sections of the bill were being removed because the stakeholder group has "not completed its work"-- which means the group has not reached any consensus on the proposed changes.

The sections of SB2818, removed from the House version, and continuing to be considered by the stakeholder group, concern:
 1) what type of projects should be subject to an environmental review study,
 2) what should be the criteria for determining significant impact,
 3) how long a study should be considered valid (before a supplemental study can be required).

At today's 3-12-10 meeting, the Charter Commission voted to recommend including the County's Land Fund (for acquisition of land and easement for preservation and public recreation) in the County's charter.  The Commission however  decided to require annual funding at a minimum of 1% percent of the conveyance real estate taxes collected. In doing so the Commission REJECTED the proposal to require a minimum 2% of the real estate conveyance taxes collected --- which 2% figure was approved by the voters in the last election.    The Kenoi administration opposed inclusion of the Land Fund in the Charter, but, assuming the Commission were to recommend including the Land Fund at some percentage of the real estate conveyance tax, recommended an allotment of 0.5%. See previous blog for more information about this vote and why I was willing to support the 1% allocation.

SEE WEST HAWAII TODAY FRONT PAGE ARTICLE -- PAGES ATTACHED BELOW.


 MY WRITTEN TESTIMONY IS ALSO ATTACHED BELOW.

Only a few proposed amendments remain to be voted upon by the Charter [Revision] Commission. One of the remaining proposed amendments is CA-15 The Land Fund.  The purpose of the “Land Fund” is to dedicate funds to be used to acquire public land including for preservation of our cultural and natural resources, trails, and public recreation. The question of the moment is: what should be the  minimum level of funding based on real property taxes received each fiscal year:  2%? 1%? 0.5%?

The electorate voted, by a sizeable majority, for an annual 2% allocation. Since then the Kenoi administration has sought to reduce this funding by deferring further deposits for at least this budget cycle. Mayor Kenio has also requested that if the Commission does recommend inclusion of the Land Fund in the Charter, that the minimum dedicated each year should be 0.5% of real property taxes collected, and no higher. 

At its initial vote on this proposed amendment, the Commission went along with the Administration’s 0.5% minimum allocation recommendation.  Not surprisingly residents from around County then raised their voices in opposition – arguing that the Commission should support the vote of the people and therefore fix the allocation at 2% not 0.5%. 

Now at its March 12^th meeting the Commission will consider a “compromise” Draft 3 of Charter Amendment 15 – with an  annual allocation of 1%.

 

The State Legislature’s House Committee on Energy and Environmental  Protection met today 3/9/10 in conjunction with the  House Economic Revitalization,  Business Affairs  & Military Committee to debate proposed legislation designed to overall Hawaii’s Environmental Impact Statement Law HRS 341 et seq. Consideration of SB2818 SD2 was however deferred for further consideration  until Thursday March 11^th, at 11:15a.m., when it will be taken up again by this Joint  House Committee. If the bill passes out of this Committee it will then be heard by the House Judiciary Committee, and finally by the House Finance Committee. So long as the bill is heard by this last House (Finance) Committee by a certain deadline later this month (March 19^th I think), you can anticipate its passage in one version or another. Then of course the Governor could exercise her veto power.

Recently our County Council Chair J Yoshimoto failed "leadership 101" when he and others on the Council refused to pass  proposed legislation that would have banned the use of check-out plastic bags on this island.  Many of us saw this legislation as an opportunity to impose upon ourselves a higher level of respect for the aina --  a united "together we can" effort. Others, unfortunately who do not see themselves  "connected to the land", responded to this legislation simplistically in the old school view of "them" telling independent "us" what to do. 

Now legislation to limit the use of plastic bags is moving through the state legislature: SB 2559 SD2. The bill was approved by the Senate and tomorrow 3/9 goes before the House Energy and Environmental Protection Committee. SEE Status report SB2559SD2 HD1 HERE.  Read more about this legislation in today's Honolulu Advertiser HERE.
 

On a windy day last weekend, plastic bags were flying out of the Waimea dump across cattle pasture and towards the ocean.

There are problems with the unions in Hawaii – such as excessive banking of vacation and sick days paid off in a big lump sum at retirement, lack of flexibility in job definitions, “bumping” of better qualified folks to accommodate less qualified employees, and so it appears the HSTA has a fear of Charter schools, and therefore unfortunately has opposed new Charter Schools. But by gosh none of those issues lead to the insidious failure of our state education system masterminded by Governor Lingle.  To be sure Governor Lingle has not rallied to address the above union issues.  No instead her narrow focus has been on how to cut out government workers, including teaching days, the “furlough or fire” government employees approach. Simply put, Governor Lingle has been willing to sacrifice the future of our state and its most precious resource -- its children and their education to pursue her anti-union agenda.  She will be long gone – looking for some classy position in some Republican administration far from Hawaii – while the wake of her anti-union sentiment continues to take its toll here.

 It was not the state government unions that blocked early and constructive discussions about union contract concessions. This was solely at the insistence of the Governor.

After listening to the Deputy Director of Planning Department explain a few things -- such as that:

-- it will be the Planning Department staff (not the Action Committee) that determines whether development is consistent with the relevant CDP;
-- it is not for the Action Committee to review and comment on any proposed development--unless the Planning Director requests that of the Committee;
-- the Sunshine law prevents the Committee members from talking among themselves and generally prevents them from speaking in any public forum [At a previous meeting Deputy Corporation Counsel explained that in this way that would not have a disportionate impact on whatever board they were speaking before. However, in my opinion,  this reasoning has nothing to do with Sunshine Law policies and everything to do with deterring freedom of expression.];
--it is up to the Planning Commission to decide whether to heed the CDP --even when the CDP provision contains the word "shall".

Then members of the Committee and the Waimea public chimed in -- making clear they were not accepting this subordinate role to the Planning Department -- at least not rolling over in the aisles like a bunch of marshmallows.

Members of the Action Committee  introduced by WCA chair Sherm Warner:

Waimea Planning and Design Review Committee Meeting 3/3/10

Re:  Approval of Parker School’s Use Permit Application Without Inclusion of the "Community Agreement". Numerous expressions of anger towards the County and its disregard for the Community Agreement that had been negotiated by myself and Carl Sturges, Parker School’s headmaster. Carl was present and said he understood the concern was with the County but assured the group he, as headmaster of Parker School, would honor the Community Agreement -which would impose additional conditions in the Use Permit to increase the school enrollment on its Kapiolani Street campus. Carl plans to write a letter to the Waimea Community Association stating that the school will abide by the Community agreement -- even if not required by the County to do so. He said he had spoken on behalf of the School at the Planning Commission meeting and Parker School accepted the Community Agreement. Everyone present appreciated this moral commitment from Carl, but believed the County was remiss in not including this Agreement in the Use Permit Amendment -- as a legal commitment. [Instead, on the advise of Corporation Counsel, the Planning Commission said it could not include the additional conditions agreed to by Carl Sturges because this was a "third party" contract.  Hah!]

There was consensus among those present that what the County did was wrong and with two exceptions, there was agreement that the only way to make the county accountable was to take some legal action. The group generally agreed that otherwise this type of response from the County, including its disregard for the CDPs was likely to continue.

During the past month, I attended the Community Development Plan Action Committee meetings in North Kohala, Puna, and South Kohala. Based on my observations, the objective of the puppeteers of this Administration is to minimize the power of these “voices of the community” committees. [Photo of Puna CDP Action Committee meeting]

Is there anything in your heart you are daily grateful for (outside of appreciating family and friends)?   For me there is just one single achievement without question I think about every day and am grateful for each and every day. Clearly it is that Obama was elected to be and is our President (and no matter I am a McCain family member).  Yes I regret Obama wasn't more aggressive from day one, and often wish he had better advisors, or were more outspoken about the Bush minefield he inherited. But really guys  -- who else among us could possibly have pulled the County away from a financial catastrophe, regained good will around the world, and promoted a vision of decency and fair play? NO one.

Unfortunately the swamp of BUSH-CHENEY-ROVE political quagmires continues to erode his progress -- the politically stacked Supreme Court,  all of the embeded Bush cronies in the Administration, not to mention all of the "bought" legislators in Congress, and the almost complete elitest control of mainstream media, has rendered any progress a formidable and uncertain task. But consider what hell of continued terror we would be part of, had he not won.

Clearly in the 2010 election, without relentless support for "good guys" who care about more than what is best for their own elite special interests, we will watch in horror as those who have been systematically coalescing power for the "choosen few"  are elected to enough legislative seats to destroy the possibility of any future Obama achievements.  The reason this will occur: complacency  on our part.

Think about it. We need to support Obama and his allies WITH A VENGEANCE.

If you don't understand why this is so important watch this video.