Monday, March 31, 2008

Ho'opili community

The public has until Friday to weigh in on the draft report for the proposed Ho'opili community on what's now 1,555 acres of active farm land in the heart of West O'ahu.


With up to 11,750 homes, Ho'opili would carve out a community the size of Mililani or Hawai'i Kai bordered by Waipahu to the east, 'Ewa to the south, Kapolei to the west and Makakilo and Kunia to the north.

Critics point to an already congested travel corridor that they believe will only get worse as other developers continue to fill in new homes in booming communities surrounding Ho'opili. They also decry the notion of displacing Aloun Farms and other farmers from what the state Department of Agriculture has defined as prime farming lands.

Leave your comments here and contact:
D.R. Horton-Schuler Division
828 Fort Street Mall, Ste 4
Honolulu, HI 96813

(808) 521-5661
www.drhortonhawaii.com

SB 2841 large stores take back HI-5

Could you make a call today to help us pass a critical recycling bill? The House Finance Committee has yet to hold a hearing on SB 2841, a measure that requires large stores to participate in taking back HI-5 bottles and cans.

Please ask Chair Marcus Oshiro and Vice Chair Marilyn Lee to hear the bill and pass it out of committee.
Chair Marcus Oshiro: 586-6200, repmoshiro@Capitol.hawaii.gov
Vice Chair Marilyn Lee: 586-9460, replee@Capitol.hawaii.gov

Thursday, March 27, 2008

HB 2518 and SB 2198

Hello all.

HB 2518 and SB 2198 are both still alive and awaiting their final hearings in the Senate Ways & Means Committee (WAM) and the House Finance Committee (FIN), respectively. Both bills are in pretty good shape though they have a few minor differences. As is often the case, the Senate put its provisions into the House bill, and the House put its provisions into the Senate bill.

Please consider dropping a note or leaving a phone message for the WAM and FIN chairs encouraging them to hear these bills:

Senator Rosalyn Baker, Chair, Senate Committee on Ways and Means senbaker@capitol.hawaii.gov (808) 586-6070 - ask for a hearing on HB2518 Relating to Land Conservation
Represenative Marcus Oshiro, Chair, House Committee on Finance reposhiro@capitol.hawaii.gov (808) 586-6200 - ask for a hearing on SB2198 Relating to Land Conservation

The bills have until next Thursday (4/3) to get a hearing in WAM and FIN. If even one of the bills gets through this last committee hearing and passes back to its originating body, this will set up a joint House-Senate conference committee process to work out differences in the bills.

Here are links to review the bills' progress to date:
http://www.capitol.hawaii.gov/site1/docs/getstatus.asp?query=HB2518&currpage=1&showstatus=on&showtext=on&showcommrpt=on&showtestimony=on
http://www.capitol.hawaii.gov/site1/docs/getstatus.asp?query=SB2198&currpage=1&showstatus=on&showtext=on&showcommrpt=on&showtestimony=on

The biggest challenge this legislation will face is the diminished State revenue projections. Any tax credit is a dollar-for-dollar reduction in State revenues. In this economic climate, the Legislature and the WAM and FIN committees are scrutinizing all expenditures and revenue reducing actions.

Of course, other states have experienced significant savings from this kind of legislation while achieving their land preservation goals, e.g., tax credits for conservation easements are exponentially less costly to the State than buying fee titles and managing land itself.

Here again is a Q&A that describes the relevant points of this legislation.

Thank you again for your help in this process,

Mark

Mark Fox
Director of External Affairs
The Nature Conservancy of Hawai'i
923 Nuuanu Avenue
Honolulu, HI 96817
ph (808) 537-4508
fax (808) 545-2019
mfox@tnc.org
The Clean Water Act of 1972 implemented broad federal protections for all our nation's waters. But misguided Supreme Court rulings in 2001 and 2006 opened the door for polluters to contaminate various waters that had previously been protected – putting the drinking water for millions at risk!

Now, Congress has an opportunity to restore the original protections of the Clean Water Act with the Clean Water Restoration Act.

Contact your Members of Congress TODAY to insist that they support the Clean Water Restoration Act.

This legislation may seem like a no-brainer, but House and Senate Members are under pressure from developers and corporate polluters to allow them to continue to contaminate our precious water supplies.

The following is talking points you can use when contacting legislators:

If enacted, the Clean Water Restoration Act would restore the scope of protections Congress intended when the Clean Water Act was written. It would:

1. Restore protections to drinking water at risk for contamination.
2. Streamline enforcement among Federal, state and local governments providing better protection of sensitive areas.
3. Help ensure water and wetlands used for recreation and animal habitats are kept free of contamination, disease and bacteria.

Representative Abercrombie is a co-sponsor of the bill. Thank him.

Our other Congressional Members can be reached at the following:
senator@akaka.senate.gov
senator@inouye.senate.gov
mazie.hirono@mail.house.gov

Bill Sager, ED, Hawaii Conservation Voters
bsager@hawaii.rr.com
375-1114

Wednesday, March 19, 2008

Opposition to Adoption of “Steel on Steel” Rail Technology

Citizens Against Noise of Hawaii
P. O. Box 270705 Honolulu, HI 96827
Honolulu City Council Public Hearing
Bill 80, CD1 and FD1

March 19, 2008

Testimony in Strong Opposition to Adoption of “Steel on Steel” Rail Technology

Honorable Chair Marshall and City Council Members:

Citizens Against Noise of Hawaii "CAN" asks you to carefully weigh the noise impacts
that proposed rail technologies will have on our health, quality of life, jobs and
businesses.

A study conducted for the European Union in its assessment of the impact of rail vs.
other modes of transport states that "rail transport shows a good environmental
performance except for noise costs which dominate the results for all rail transport."
We believe that noise factors were not given sufficient priority or study by the Expert
Panel when they selected "steel on steel" vs. the competing technologies. According to
the EU Study*, noise can have a damaging effect on human health by contributing to
"myocardial infarction, angina pectoris, hypertension, and sleep disturbance."
We live on an Island and many of us will never be very far from a rail line if one is built.
The rail technology decision must weigh the cost to our health and well being as well as
to our jobs and businesses, many of which depend on tourism.

According to the "Wheel/Rail Noise Control Manual" prepared by the Transportation
Research Board for the US Department of Transportation in 1997, the high-frequency
sound level of over 1,000 Hz from steel wheels on steel rails is not effectively abated by
sound barrier walls, berms, or sound absorbing materials like plants. This means that
once the decision is made to use "steel on steel" technology there will be no remedy.
Capital and operating cost efficiency and reliability are important, but the recommending
committee fell short by minimizing or ignoring socio-environmental factors and external
factors such as public health, jobs and tourism over the long term. Transportation
solution alternatives that offer, or combine, rubber tires or technologies other than “steel
on steel” offer a quieter option, but these now seem to be off the table.

Therefore in the public interest, and before any decision is made, we respectfully urge
the City Council to authorize a more thorough and meaningful study of the technology
alternatives by comparing noise mapping studies of the competing technologies in the
urban and suburban environments along the transportation corridor, from Kapolei to
Aloha Tower to Manoa. We also suggest that "tourist friendly" be one of your noise
review criteria.

This would help encourage ridership outside the commute hours, thus absorbing capital
and operating costs, and making attractions like Pearl Harbor, Hawaiian Waters and the
Pearl City and Waikele malls easier to visit.

In summary, we strongly encourage you to withhold your ratification of any technology
recommendation until a more complete study of the health and socio-economic factors
are fully weighed. Today we are at a critical crossroad, and CAN believes that newer,
quieter alternatives are better for our neighborhoods, our homes and our people than
past century/millennium retrofits.

Any new transportation system must serve Oahu for many decades to come. Please
make a wise decision with the best long term solution, in the interest of the public’s
health and welfare and for the greater public good.

Executive Board
Citizens Against Noise of Hawaii
Cliff Montgomery, President
Mark Smith, Vice-President
Michelle S. Matson, Secretary
Steven L. Montgomery, PhD, Director
Kathleen Kelly, Director
Gary Holt, Director
Michael Mueller, Director
*European Commission (2003). External costs. Research results on socio-environmental
damages due to electricity and transport.(EUR 20198). p. 9 &15.

Sunday, March 16, 2008

Information sources re Hawaii Trees and Weeds

"Common Forest Trees of Hawaii: Native and Introduced" by Elbert
Little and Roger Skolmen has been the bible of Hawaii foresters since
it was published by the USDA Forest Service in 1989. We have now
posted all the individual tree chapters on our website:
http://www.ctahr.hawaii.edu/forestry/Data/Common_Trees_Hawaii.asp
These cover 152 common trees in Hawaii, from tree ferns to koa to
eucalyptus. The full book, reformatted for easier reading, is
available at cost from CTAHR; order blanks are available on the web at
http://www.ctahr.hawaii.edu/ctahr2001/PIO/ForSalePubsDetail.asp?id=2

We have also posted all 146 species profiles from CTAHR's "Weeds of
Hawaii's Pastures and Natural Areas" by Philip Motooka and others (2003):
http://www.ctahr.hawaii.edu/forestry/Data/Weeds_Hawaii.asp
Each profile contains information on identification, distribution,
environmental impact, and chemical management of the most common
weeds in Hawaii. The printed book also features a visual key to aid
in identification and is for sale from CTAHR; order blanks are on the
web at URL
http://www.ctahr.hawaii.edu/ctahr2001/PIO/ForSalePubsDetail.asp?id=5

For safe and effective methods of using herbicides in pastures,
forests, and natural areas, see the free CTAHR publication
"Herbicidal Weed Control Methods for Pastures and Natural Areas in
Hawaii", URL http://www.ctahr.hawaii.edu/oc/freepubs/pdf/WC-8.pdf

Thanks to Jody Smith, who created the index pages to make these books
available.

We have updated our web page on koa wilt:
http://www.ctahr.hawaii.edu/forestry/Data/Pests_Diseases/koa_wilt.asp
New research from Nick Dudley and Aileen Yeh at HARC and cooperators
Bob James and Richard Sniezko of the US Forest Service has shown that
the situation is more complicated than we had at first thought, and
that several species of Fusarium are pathogenic on koa seedlings, not
only Fusarium oxysporum. Their report, "Pathogenicity of four
Fusarium species on Acacia koa seedlings", is available on the above website.

Sincerely,
J. B. Friday

________________________________________
J. B. Friday, PhD
Extension Forester
College of Tropical Agriculture and Human Resources
University of Hawaii at Manoa

2007 Conservation Conference Videos

If you would like to see many of the presentaitons of the 2007 Conservation Conference, including the Ecosystem Services talks, just go to http://hawaiiconservation.org/2007HCCVideos.asp

Encouraging land oners to protect mauka land

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONDUCT AN ANALYSIS OF INCENTIVES TO PROMOTE LANDOWNER PROTECTION OF IMPORTANT MAUKA LANDS


PURPOSE

This final report complies with House Concurrent Resolution 200, House Draft 1 (HCR 200) of the 2006 Regular Session, which acknowledges the importance, in Hawai‘i and throughout the World, of protecting and preserving natural resources that in turn provide ecosystem services to the communities surrounding them. Through this concurrent resolution, the Department of Land and Natural Resources (DLNR) was directed to “conduct an analysis of local, national, and international incentive programs that promote landowner protection of important mauka lands and recognize the public benefits of the ecosystem services provided by those lands.” Furthermore DLNR was asked to generate ideas and recommendations, in consultation with relevant parties, to support effective stewardship of Hawaii’s diverse mauka lands, including intact forest, open woodlands, and pasture lands.

DLNR organized a project steering committee to aid in research, organization, and discussion related to this resolution. This Committee is committed to continuing to work on recommendations found in this report and suggest that this needed effort be continue and named the BEST Project - Benefits from Ecosystem Services Tomorrow.


EXECUTIVE SUMMARY

Over half of the lands in Hawai‘i are privately owned and mauka lands, including intact forests, open woodlands, and pasture lands, and provide a significant amount of “ecosystem services,” that support all of Hawaii’s residents and visitors. These services include the delivery of clean drinking water, carbon sequestration that stabilizes the climate, components and plans for cultural practices, opportunities for recreation, and many others. These lands also play a critical role in supporting Hawaii’s unique native plants and animals. Therefore, it is essential to provide solid stewardship incentives for private landowners, especially for mauka lands that are critical in ecosystem service production.

While mauka lands provide life-supporting services of immense economic and cultural value, these services are often insufficiently monitored and undervalued in land use decisions. The responsibilities and costs associated with the production of ecosystem services fall largely upon mauka landowners, despite the broad benefits that accrue to the public. With over half of the land in Hawai‘i privately owned, there is a critical need to provide an array of incentives that meet the diverse situations of landowners to ensure a secure supply of ecosystem services for current and future generations.

The overall goal of this final report is to catalyze a major shift in the way we value natural capital and the ecosystem services it provides. The report is meant to implement a change in the way we look at the environment; not solely as a “free good” but rather promoting the understanding that by nurturing ecosystems, we are ultimately providing long-term benefits for everyone. The question is how will we accomplish this vast vision in the State of Hawai‘i?

Included in this report are a number of specific recommendations for enhancing mauka landowner interest in land use practices that protect and promote ecosystem services. The body of the report contains recommendations for both state and county government as well as numerous supporting documents to provide greater detail to the context of the work.

The HCR 200 Project Steering Committee recommends the following key initiatives to promote private landowner support for conservation actions and to establish incentives for landowner action.

• Expand the use and effectiveness of landowner assistance programs by continuing state funded programs, and working closely with federal counterparts to ensure programs work well together. Key actions include removal and reduction of disincentives to participation, increasing landowner access to information, and providing favorable cost share or other financial support.

• Establish state tax credits for donated conservation easements and landowner-funded activities that promote conservation on private lands. The combination of existing federal tax benefits and proposed state tax credits will stimulate expanded conservation on mauka lands.

• Expand Use of Real Property Tax Incentives. Programs are needed to remove barriers for landowners by reducing the financial burden of holding land with high economic potential for development, while simultaneously providing public benefits in its current use. Counties are encouraged to develop preferential property tax programs that provide landowners with tax incentives for preserving agricultural, ranching, forest, and conservation lands

• Fund pilot projects to quantify and value ecosystem services provided by mauka lands. This will require embracing new technologies, expanding research, and implementing on-the-ground projects to demonstrate costs and benefits of societal investment in ecosystem services.

• Establish an array of market-based funding mechanisms for ecosystem services, including launching a Hawai‘i Fund for Conservation to link buyers and sellers of ecosystem services.

• Dedicate a position to coordinate efforts among government agencies, stakeholders and experts to implement multiple new ecosystem service projects. A dedicated position for these efforts can also facilitate interaction among other important initiatives such as biofuels and green house gas emission reductions.

• Continue a planning and advisory committee to develop and promote ecosystem services in the State of Hawai‘i under the auspices of the BEST Project – Benefits from Ecosystem Services Tomorrow.

By acting upon these recommendations, we can take necessary steps towards valuing and protecting Hawaii’s ecosystem services for current and future generations.

Attached to this report are numerous supporting documents expanding upon all the recommendations, ideas, and discussion points presented in this report. Each topic is meant to encourage the continuation of this worthy effort and the vision from which it was created.

Record arctic sea ice melt

August 10, 2007
Analysts See 'Simply Incredible' Shrinking of Floating Ice in the Arctic
By ANDREW C. REVKIN
The area of floating ice in the Arctic has shrunk more this summer than in any other summer since satellite tracking began in 1979, and it has reached that record point a month before the annual ice pullback typically peaks, experts said yesterday.

The cause is probably a mix of natural fluctuations, like unusually sunny conditions in June and July, and long-term warming from heat-trapping greenhouse gases and sooty particles accumulating in the air, according to several scientists.

William L. Chapman, who monitors the region at the University of Illinois Urbana-Champaign and posted a Web report on the ice retreat yesterday, said that only an abrupt change in conditions could prevent far more melting before the 24-hour sun of the boreal summer set in September. "The melting rate during June and July this year was simply incredible," Mr. Chapman said. "And then you've got this exposed black ocean soaking up sunlight and you wonder what, if anything, could cause it to reverse course."

Mark Serreze, a sea-ice expert at the National Snow and Ice Data Center in Boulder, Colo., said his center's estimates differed somewhat from those of the Illinois team, and by the ice center's reckoning the retreat had not surpassed the satellite-era record set in 2005. But it was close even by the center's calculations, he said, adding that it is almost certain that by September, there will be more open water in the Arctic than has been seen for a long time. Ice experts at NASA and the University of Washington echoed his assessment.

Dr. Serreze said that a high-pressure system parked over the Arctic appeared to have caused a "triple whammy" - keeping away clouds, causing winds to carry warm air north and pushing sea ice away from Siberia, exposing huge areas of open water.

The progressive summertime opening of the Arctic has intensified a longstanding international tug of war over shipping routes and possible oil and gas deposits beneath the Arctic Ocean seabed.

Last week, Russians planted a flag on the seabed at the North Pole. On Wednesday, Stephen Harper, the Canadian prime minister, began a tour of Canada's Arctic holdings, pledging "to vigorously protect our Arctic sovereignty as international interest in the region increases."

HCR 219

There is conflict within those who have been working with Kawainui Marsh for decades.

SB 3206
RELATING TO KAWAI NUI MARSH.
Establishes the Kawai Nui marsh advisory council; appropriates moneys to DLNR for the work of the council.

HCR 219 requests the department of land and natural resources to regularly consult with Ho‘olaulima ia Kawai Nui to coordinate efforts to protect, preserve, and maintain the natural, cultural, and scenic resources of Kawai Nui Marsh.

Well respected people are pushing each approach to managing the Marsh. Everyone agrees that there needs to be community participation in the management of the marsh.

SB3206 sets up a formal, quasi-governmental organization that DLNR is required to support and listen to.

The resolution recommends DLNR take advise from a specific group, Hoolaulima, and sets up an organization that will advise DLNR concerning Marsh management.

From my point of view both the bill and the resolution have good features. They are complimentary. If the bill fails, the resolution is a backup. Testimony should support both efforts although if the bill passes the reso would not be appropriate.

The bottom line, we need a community organization which can influence the management of Kawainui Marsh. Both the bill and the reso are efforts to acomplish that.

Bill Sager

Solar on all new homes

Can you imagine every new home built in Hawai'i with solar on the roof? We could make it happen if SB 644 passes. Please submit testimony in support of this measure before the next committee votes on it Tuesday (18th). Sample testimony is below. Some things to think about:

Solar water heaters make economic and environmental sense for most houses in Hawai'i. They can save a typical household over $600 on O'ahu, over $700 on Maui, $900 on the Big Island, and over $1000 on Kaua'i. They reduce the carbon footprint of a typical household by about 2.5 tons of greenhouse gas.
Despite the robust and healthy solar industry in Hawai'i, most new and existing homes lack solar water heaters. While efforts have been made to get builders to include them as a standard feature in new homes, most houses still are built without them. Take a look at some recent developments on O'ahu with hundreds of houses that lack solar here and here. Now here's a development with solar on every unit (Navy housing).
Both Spain and Israel mandate solar on each new residence. The Navy and Air Force have made it a standard feature on the new homes they build in Hawai'i.
For more information, please visit our site, or read a story on the bill from the Advertiser.
Please email your testimony to the EDB Committee (EDBtestimony@Capitol.hawaii.gov) before Monday night. Here's a sample for ideas (please try to put in your own words--points for originality):

HOUSE COMMITTEE ON ECONOMIC DEVELOPMENT & BUSINESS CONCERNS
Tuesday, March 18th, 8:45am
Testimony in Support of SB 644 SD3 HD1

Chair Yamashita and members of the Committee:
I strongly support SB 644 SD3 HD1, mandating that new homes come equipped with solar water heaters where practical. This measure is a critical step in securing Hawaii’s energy future, reducing our contribution to global climate change, and improving the affordability of housing in Hawai‘i. Although environmentally friendly solar water heaters save homeowners money, the vast majority of homes in Hawai`i use fossil fuels to heat their water. Even more surprising, the majority of new homes built in Hawai‘i also lack solar water heaters—despite the ease of installing them when the house is under construction. SB 644 SD3 is a common-sense policy to require that developers have the long-term interest of new home buyers in mind.

Sincerely,
Your name and address

If you want to send an email to the entire Committee with personal comments about the measure's importance, click here. Or contact the Chair and Vice Chair directly:
Chair Kyle Yamashita, phone 586-6330, email repyamashita@capitol.hawaii.gov
Vice Chair Glenn Wakai, phone 586-6220, email repwakai@capitol.hawaii.gov

Exempting Utilities from EIS

Imagine exempting large (200+MW) biofuel, pumped storage, and wind projects and interisland electric transmission lines from public review. The state House passed the bill, and it is now before a triple committee hearing in the Senate.

Billionaire David Murdoch is proposing the state's third largest energy project (after HECO's Kahe and Waiau power plants) and wants to ram his proposed project down the throats of Hawai`i's residents.

Murdoch would build a 300-400MW wind farm on Lana`i and ship the energy to O`ahu via an undersea cable.

DBEDT would (a) review the Draft Environmental Impact Statement; (b) hold no hearings; (c) grant no contested case hearings; (d) adopt no rules; (e) have no criteria; and (f) decide all state and county permits (except for a county grading permit and, if necessary, a PUC Power Purchase Agreement).

The inter-island transmission line shall be exempt from a public hearing or contested case hearing.

The House Committee on Energy & Environmental Protection split on the bill. Rep Saiki raised serious objections, but the Chair prevailed. The Committee Report states: ''There are problems with this bill at all three levels of government. ... the time constraints placed on PUC may be unrealistic ... it is unclear whether any overriding state-wide imperative exists to justify superseding existing local control over the site selection of a proposed renewable energy facility. ... Nevertheless, upon further consideration, your Committees find that continued discussion on this measure might prove beneficial.''

testimony@capitol.hawaii.gov

COMMITTEE ON ENERGY AND ENVIRONMENT

Senator Ron Menor, Chair

Senator Gary L. Hooser, Vice Chair


COMMITTEE ON WATER AND LAND

Senator Clayton Hee, Chair

Senator Russell S. Kokubun, Vice Chair


COMMITTEE ON INTERGOVERNMENTAL AND MILITARY AFFAIRS

Senator Lorraine R. Inouye, Chair

Senator Shan S. Tsutsui, Vice Chair


DATE: Tuesday, March 18, 2008

TIME: 2:45 p.m.

PLACE: Conference Room 414


HB 2863, HD2 Establishes a renewable energy facility siting process to expedite the review and action upon state and county permits necessary for the siting, development, construction, and operation of a renewable energy facility. (HB2863 HD2)



--
Henry Curtis, Executive Director, Life of the Land, 76 N. King Street, Suite 203, Honolulu, HI 96817. phone: 808-533-3454. cell: 808-927-0709. Web Site: http://www.lifeofthelandhawaii.org/ email:henry.lifeoftheland@gmail.com

Thursday, March 6, 2008

Kawainui Marsh

This is unfortunately a controversial issue withing the conservation community.

Linda Paul make an excellant arguement for supporting the resolution and opposing the bill. At the same time Dr. Burrows has put his heart and soul into Kawainui Marsh and is a strong supporter of the bill.

Here is Linda's comments:


Aloha all,

The Kawainui Marsh Advisory Council bill has passed out of the Senate and crossed over. It will be heard in the House. I have pasted in below the Committee report and SB 3206, SD2.
The bill is still fundamentally flawed and should be deferred until the next year:

It does not mandate that DLNR consult regularly with either the proposed Advisory Council or Ho`olaulima ia Kawainui for purposes of coordinating efforts to protect, preserve and maintain the natural and cultural resources of the Marsh.
It does not mandate that DNLR meet with either the AC or Ho`olaulima on a regular basis (i.e. quarterly) to review and assess the progress and programs pertaining to the Marsh.
It does not mandate that DLNR give recommendations by the AC or Ho`olaulima any serious consideration, nor does it contain a process by which the AC’s recommendations on DLNR submittals to the BLNR shall be incorporated into all final submittals and thereby become part of the public record.
By becoming a state-sponsored Advisory Council the bill will result in the slowing down of the process of creating visitor and education centers, restoring habitat, etc., because the AC will be subject to all the state sunshine and notice and comment requirements, and meetings will be subject to the willingness and availability of DLNR staff to schedule and hold them.
The bill lists four things, and only four things, that the AC can do, there is no catch-all phrase i.e. “including, but not limited to….”
The Advisory Council members in the bill do not fairly represent the many organizations that have contributed time, effort and funding to preserving the Marsh over the last 30 years:
Ahahui Malama I Ka Lokahi gets two of the 11 voting seats, the Kailua Hawaiian Civic Club gets one, the Kailua Chamber of Commerce gets one, and every other seat is subject to the political process. The two “community representatives” could very well end up representing existing month-to-month permit holders in the Marsh who do not share Doc’s or Ho`olaulima’s vision.
There is no decision needed from an Advisory Council regarding the use of the $4 million from the federal government. That money was earmarked years ago for the waterbird habitat restoration project. The 3:1 match was/is available because it was/is for an Army Corps of Engineers 404 mitigation project for work the ACE did in the Marsh that resulted in a net loss of wetlands. What has been holding up construction of the ponds is, of course, the land transfer.

When the bill is set for its first hearing in the House, please send in testimony requesting that it be deferred.
I have attached the latest draft of the Ho`olaulima resolution, which I hope Jill and Pono will introduce.
Mahalo,
Linda


STAND. COM. REP. NO. 2836

Honolulu, Hawaii

RE: S.B. No. 3206
S.D. 2


Honorable Colleen Hanabusa
President of the Senate
Twenty-Fourth State Legislature
Regular Session of 2008
State of Hawaii

Madam:

Your Committee on Ways and Means, to which was referred S.B. No. 3206, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO KAWAI NUI MARSH,"

begs leave to report as follows:

The purpose of this measure is to provide continued community participation in the preservation and protection of Kawai Nui marsh.

Specifically, this measure creates the Kawai Nui Marsh Advisory Council within the Department of Land and Natural Resources, and it will consist of representatives of community and conservation groups and government entities. The council shall review and assist in updating the 1994 Kawai Nui Marsh master plan and facilitate the implementation of the master plan. The measure also requires the Council to enhance education and cultural awareness of the marsh and participate in the protection and preservation of its natural and cultural resources. The measure also appropriates an unspecified amount to support the work of the council.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, the City and County of Honolulu, and one concerned individual. Testimony opposed to this measure was submitted by the Hawaii Audubon Society. Comments on this measure were submitted by the Department of Land and Natural Resources.

Your Committee finds that the Kawai Nui Marsh is the largest remaining wetland in the State. Among its ecological treasures are primary habitats for a number of species of endemic and endangered Hawaiian birds. It addition, the Kawai Nui Marsh was designated a wetland of international importance by the Ramsar Convention for the marsh's relationship to surrounding cultural sites.

Your Committee further finds that, despite advocacy and restoration efforts from many devoted community groups, the health of Kawai Nui Marsh has declined. Your Committee believes that the involvement of the community in the planning and implementation of programs in Kawai Nui Marsh is critical to maintain and increase public support for preserving this important wetland. Your Committee also believes that the creation of the Kawai Nui Marsh Advisory Council will engage government entities and community groups together in management of the marsh and will preserve and protect it for the future.

Upon further consideration, your Committee has amended this measure as follows:

(1) By clarifying that membership of the council shall include a representative of the Department of Land and Natural Resources State Parks Division, rather than the Administrator; and

(2) By making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3206, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3206, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,


____________________________
ROSALYN H. BAKER, Chair


Report Title:
Kawai Nui Marsh Advisory Council; Establishment; Appropriation

Description:
Establishes the Kawai Nui marsh advisory council; appropriates moneys to DLNR for the work of the council. (SB3206 SD2)

THE SENATE
S.B. NO.
3206
TWENTY-FOURTH LEGISLATURE, 2008
S.D. 2
STATE OF HAWAII





A BILL FOR AN ACT


RELATING TO KAWAI NUI MARSH.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


SECTION 1. Kawai Nui marsh, encompassing approximately eight hundred thirty acres of land in Kailua, Oahu, is the State's largest remaining wetland and an ecological and cultural treasure. It has been identified by the United States Fish and Wildlife Service as a primary habitat for endemic and endangered native Hawaiian birds such as the ‘alae ke‘oke‘o, ‘alae ‘ula, ae‘o, and koloa maoli. In 2005, the Ramsar Convention on Wetlands designated Kawai Nui marsh a wetland of international importance in part due to the wetlands relationship to surrounding cultural sites.
Act 314, Session Laws of Hawaii 1990 (Act 314), directed the transfer to the State of that certain parcel owned by the city and county of Honolulu and bearing tax map key number 4‑2‑16:1, which encompasses the bulk of Kawai Nui marsh. The parties were unsuccessful in completing the transfer.
Since the passage of Act 314, the health of the marsh has declined significantly despite the advocacy and restoration efforts of community groups such as ‘Ahahui Malama I Ka Lokahi, Hawaii's Thousand Friends, the Kailua Hawaiian Civic Club, Kailua Historical Society, Kawai Nui Heritage Foundation, and the Windward Ahupua‘a Alliance.
Act 235, Session Laws of Hawaii 2007, again addressed the transfer of this parcel to the State, and the city and county of Honolulu is currently in negotiations with the State to complete the transfer of title.
The purpose of this Act is to ensure continued community participation in the preservation, protection, and future vision for Kawai Nui marsh.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171‑ Kawai Nui marsh advisory council. (a) There is established a Kawai Nui marsh advisory council, to be placed within the department of land and natural resources for administrative purposes only. The advisory council shall consist of eleven voting members appointed by the governor in accordance with section 26-34, and six ex-officio members as follows:
(1) One representative from ‘Ahahui Malama I Ka Lokahi or their designee;
(2) One representative from the Kailua Chamber of Commerce;
(3) Four representatives from environmental or educational nonprofit organizations;
(4) Two cultural representatives appointed by the Kailua Hawaiian Civic Club and ‘Ahahui Malama I Ka Lokahi;
(5) Two community representatives;
(6) One landowner representative;
(7) Five ex-officio members representing the United States Army Corps of Engineers, United States Fish and Wildlife Service, the department of land and natural resources forestry and wildlife division, the department of land and natural resources state parks division, and the city and county of Honolulu; and
(8) One ex-officio member who is a student representative from a Kailua area school as selected by a high school council.
(b) Each member representing an organization shall be appointed by the director or other chief executive of the member's organization within days following July 1, 2008. The members of the advisory council shall not receive compensation for their service but shall be reimbursed for expenses, including travel expenses, incurred in their duties relating to the advisory council.
(c) A chairperson shall be elected annually by the council from among the council's voting members; provided that:
(1) Only a nongovernmental member shall be elected as chairperson; and
(2) No member may serve as chairperson for more than two consecutive years.
(d) Six voting members shall constitute a quorum to do business and any action taken by the advisory council shall be validated by a simple majority of the quorum.
(e) The Kawai Nui marsh advisory council shall:
(1) Review and assist in updating and revising the 1994 Kawai Nui marsh master plan, which should consider the Hamakua wetlands, adjacent waterways that enter into Kawai Nui marsh from Maunawili and Kapa‘a valleys and flow into Kailua Bay;
(2) Facilitate implementation of the master plan;
(3) Enhance community education and cultural awareness of Kawai Nui marsh; and
(4) Participate in the protection and preservation of Kawai Nui marsh's natural and cultural resources."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to support the work of the Kawai Nui marsh advisory council, including the revising of the 1994 Kawai Nui Marsh Master Plan.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2008.

Sunday, March 2, 2008

Crossover Bill Status

At cross over any bill that doesn't move to the other legislative body is dead. That doesn't necessarily mean that the issue is dead, because it may be alive in a bill that did crossover. All bills which are still alive will face a new round of hearings and bills that survive hearings will then have to be refined by a committee of both bodies into a finaly form that will go for votes on the House and Senate floor. A final hurdle is the Governor's Office where a bill may be vetoed or funding may be held up.

If you have a bill you are particularly concerned with, now is the time to intensify your efforts.

The governor's controversial proposal to buy the Turtle Bay
Resort is still afloat. It crossed over, although many lawmakers are skeptical of
its feasibility, simply because legislators wanted to keep the discussion alive. If you believe Malaikahana should be preserved from development, this is a particularly important bill to track.

Bills that are crossing over include:

Energy initiatives included a proposal to reduce the state's
greenhouse gas emissions to 1990 levels by 2020, as well as a
measure that would require all Hawai'i residents to begin
phasing out the use of incandescent lights, replacing them with
compact fluorescent or light-emitting diodes.

Proposals to better prevent the spread of invasive species arose
following the controversial launch of the Hawaii Superferry,
which faced criticism that it would facilitate the spread of
foreign plants and animals from one island to another.

Measures to require takebacks at the big box stores, some good
energy bills, such as the lighting standard and increasing
funding for the greenhouse gas task force are still alive.

Some bills have failed to pass out of one body but are still alive in the other:

House version of a bill that would have required big box
retailers to redeem deposit beverage containers won't be sent to
the Senate, but the Senate's version could get a new hearing in
the House.

The demise in the House of a bill that would have removed limits
on corporate campaign contributions now shifts attention to the
Senate's version, which remains alive.

While major legislation remains alive, this week's crossover
deadline is more likely to sound the death knell for more
controversial issues, such as a ban on smoking in parks and
beaches.

Bills that where held in committee but still have a live version are particularly important to testify on because if a committee chair blocked a bill they are likely to block the crossover version as well.