Hawaii Environmental Reform Bill Deferred Indefinitely

On March 25, 2010, the House Committee on Finance (FIN) recommend that SB2818 SD2 HD2 be deferred indefinitely.

SB2818 started off in the Senate, where monumental changes to Hawaii's environmental review system were proposed based on a study prepared by the University of Hawaii (the study is still not finalized). The University's recommendations included rewriting Hawaii's environmental impact statement law, HRS Chapter 343, which is decades old and has the benefit of judicial interpretation.

Concerned that reform recommendations from the University did not include input from necessary stakeholders, the Senate created a working group. While the working group deliberated, the bill passed the Senate, mostly intact as proposed by the University. However, in the House, the bill was gutted, primarily removing changes to HRS Chapter 343. Instead of dismantling the Hawaii environmental review process, the House focused its attention on reorganzing the environmental council and the office of environmental quality control.

On March 19, 2010, the House Committee on Judiciary (JUD) issued Standing Committee Report No. 903-10. JUD made various technical amendments, but notably, it made the following statement:

[A] working group has been assembled to address concerns regarding changes to Hawaii's environmental review policy, which were proposed in this bill when it was introduced. Although this bill is being kept alive so that the working group may have more time to refine its proposed measure, your Committee has grave concerns regarding the lack of public notice that will attend any backdoor insertion of new provisions.

The statement seemed to indicate that passing a reform bill this session was premature. But the most telling sign, and death knell for the bill, was JUD's amendment of the effective date of the bill to December 21, 2058. This is the state legislature's roundabout way of ensuring that if a bill is accidentally passed (unfortunately it happens) it would not go into effect right away.

Does this mean environmental reform is dead for this legislative session? I would not count your chickens just yet. There are rumors that proponents are seeking a "backdoor insertion of new provisions" into a different bill. This is a common sleight of hand by our state legislators, whereby they insert substantive language into a so called "short form bill." The only requirement being that the short form bill title is germane to the newly inserted language. Stay tuned.

For more on environmental law reform in Hawaii, see Legislative Updates.

State Senate to Consider Governor's State Land Use Commission Nominees

In accordance with the provisions of Article V, Section 6, of the Hawaii State Constitution, the governor submitted three nominees for the Senate's consideration and confirmation to the State Land Use Commission.  The Commission is responsible for state land use district decisions, effectively acting as the gatekeeper to all development in the State of Hawaii.

Two of the nominees currently serve on the Commission.  Duane Kanuha, who is nominated for a term to expire June 30, 2013, and Kyle Chock, who is nominated for a term to expire June 30, 2014.  Ronald Heller is a new nominee and would replace former commissioner Ruben Wong, for a term to expire June 30, 2014.

The Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs will hold a hearing for public comment and participation on Wednesday, March 24, 2010.   See http://www.capitol.hawaii.gov/session2010/hearingnotices/HEARING_WTL_03-24-10_.HTM for more details.

To the Relief of Many, House Committees Put the Breaks on Hawaii Environmental Reform Bill

As reported in Legislature to Hold Hearings on Environmental Reform Bill, the House Committees on Energy and Environmental Protection; Water, Land, and Ocean Resources; and Economic Revitalization, Business, and Military Affairs held a joint hearing on SB 2818, SD2 on March 9, 2010.

By way of background, the bill was first introduced in the Senate, where the Senate Committee on Energy and Environment created a working group to address concerns and to reach consensus on various unresolved issues related to the bill. As the working group continued its work, Senate version SB 2818, SD2, passed the Senate and crossed over to the House for its consideration.

The House committees decided that because "the working group has not yet finished its work . . . that passage of this measure in its present form would be premature," as reported in their joint Standing Committee Report No. 713-10.  At the joint House committee hearing, the committees received testimony in support of the bill from the Sierra Club-Hawaii Chapter.  It received testimony in opposition to the bill from the Attorney General, Department of Health, City and County of Honolulu Department of Planning and Permitting, Alexander and Baldwin, Inc., Building Industry Association - Hawaii, Chamber of Commerce Hawaii, Hawaii Association of Realtors, Hawaii Developers Council, Hawaii Island Chamber of Commerce, Hawaii Leeward Planning Conference, Hawaii's Thousand Friends, Land Use Research Foundation of Hawaii, and The Outdoor Circle.  The University of Hawaii Environmental Center, Earthjustice, Historic Hawaii Foundation, and The Nature Conservancy offered comments.

After the joint House committee hearing, the House committees amended the Senate version of the bill, and passed it out as SB 2818, S.D. 2, H.D. 1, with the following changes:

• Deleting Sections 2 through 9, which contain the proposed changes to Chapter 343, Hawaii Revises Statutes (HRS), relating to environmental impact statements;
• Changing the effective date to July 1, 2010; and
• Making technical amendments for the purposes of consistency, conformity, and style.

Substantively, these changes remove the controversial portions of the bill which would have significantly changed the process for preparing environmental review documents under the Hawaii Environmental Policy Act (HEPA), HRS Chapter 343.   Instead, the House version of the bill focuses primarily on the composition of the Environmental Council and creates a special fund to help fund the activities of the Council and the Office of Environmental Quality Control (OEQC).  The composition of the Council was amended by reducing it from 15 to 9 members, requiring that at least one person from each county sit on the Council, and requiring that the governor choose appointees from a list prepared by the legislature.

The next hearing on this bill is before the House Committee on the Judiciary on Tuesday, March 16, 2010, 2:15 p.m. in House conference room 325.  The bill must be heard by one more House committee, Finance, before it is reconciled by both houses and considered for passage.

Hawaii Ranks 3rd in Green City Index

Out of 43 metro areas (including Indianapolis and Cleveland), American City Business Journals ranked Honolulu 3rd on its Green City Index.

The index takes into account 20 different indicators of a city's "greenness," including the following: Travel delay, Excess fuel, Congestion cost, Mean travel time, Percent of commuters who drive alone, Percent using public transit, Pollutants reported to state in 2004-09, States renewable energy generation, Carbon emissions per capita, Sprawl index, LEED certified and Energy Start rated projects, and Green jobs.

The Portland-Vancouver-Beaverton, OR-WA and San Francisco-Oakland-Fremont, CA metro areas ranked 1st and 2nd, respectively. Hawaii had comparable scores with the 1st and 2nd place title holders; however, it ranked poorly in renewable energy (42), LEED certified projects (31), and Green jobs potential (34).

To see the entire list, scores, and realated staistics, read Green Cities, Pittsburgh Business Times, March 11, 2010.

Legislature to Hold Hearings on Environmental Reform Bill

The House Committees on Energy and Environmental Protection; Water, Land, and Ocean Resources; and Economic Revitalization, Business, and Military Affairs will hold a joint hearing regarding SB 2818, SD2 on Tuesday, March 9, 2010, 11:15 a.m., at Conference Room 325 in the State Capitol.

For more on SB 2818, SD2 see:

• Hawaii Environmental Reform Bill Passes Second Senate Committee, and
• Hawaii Environmental Reform Bill Passes Committee with Amendments.

SB 2818, SD2 provides the most substantive rewrite of Hawaii's environmental impact statement laws since it was first adopted in 1974.  Many of the changes are in specific response to a handful of land use cases that have caught the media's attention including cases related to the Hawaii Superferry and the Turtle Bay Resort.

Update (03-09-2010): The committees recommended that the measure be deferred until 03-11-10 at 11:05am.

Hawaii Residents Pay the Highest Price for Electricity in the Country

According to a March 4, 2010 survey by the U.S. Department of Energy, Hawaii residents pay the highest cost per kilowatt hour (cents/kWh) for electricity.

According to the survey:

• Hawaii residents pay 26.23 cents/kWh.
• The second highest energy cost is paid by Connecticut residents at 20.57 cents/kWh.
• The average energy cost among all states and the District of Columbia is 11.33 cents/kWh.
• Forty-one states and the District of Columbia pay under 15 cents/kWh.
• Only Hawaii and Connecticut pay over 20 cents/kWh, with New York in third place at 16.99 cents/kWh.

Some interesting Hawaii Quick Facts (last updated, March 4, 2010) according to the U.S. Department of Energy:

• Petroleum provides nearly nine-tenths of all the energy consumed in Hawaii.
• The transportation sector leads energy demand in Hawaii, due in large part to heavy jet fuel use by military installations and commercial airlines.
• Petroleum-fired power plants supply more than three-fourths of Hawaii’s electricity generation.
• Due to the mild tropical climate, most households do not require energy for home heating.
• A planned wave-to-energy project could supply up to 2.7 megawatts of electricity to Hawaii by the end of 2011.

The information in these reports will be updated later this month.

Honolulu Advertiser Chimes in on Environmental Reform

Today's Honolulu Advertiser considers the legislature's ambitious plan to reform Hawaii's environmental laws in, "EIS reform: The cure may be worse than disease."

The Advertiser notes that "Senate Bill 2818, the culmination of two years of study by a University of Hawai'i panel, was greeted with almost universal criticism after it was introduced in January."  It recommends that: "It's time to pause and take a deep breath. The current statutes are cumbersome, but for the most part they work."

40th Anniversary of the National Environmental Policy Act

January 1, 2010, was the 40th Anniversary of the National Environmental Policy Act (NEPA). Here is a copy of the President's proclamation:

Forty years ago, the National Environmental Policy Act(NEPA) was signed into law with overwhelming bipartisan support, ushering in a new era of environmental awareness and citizen participation in government. NEPA elevated the role of environmental considerations in proposed Federal agency actions, and it remains the cornerstone of our Nation's modern environmental protections. On this anniversary, we celebrate this milestone in our Nation's rich history of conservation, and we renew our commitment to preserve our environment for the next generation.

NEPA was enacted to "prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man." It established concrete objectives for Federal agencies to enforce these principles, while emphasizing public involvement to give all Americans a role in protecting our environment. It also created the Council on Environmental Quality to lead our Government's conservation efforts and serve as the President's environmental advisor.

America's economic health and prosperity are inexorably linked to the productive and sustainable use of our environment. That is why NEPA remains a vital tool for my Administration as we work to protect our Nation's environment and revitalize our economy. The American Recovery and Reinvestment Act of 2009 reaffirmed NEPA's role in protecting public health, safety, and environmental quality, and in ensuring transparency, accountability, and public involvement in our Government.

Today, my Administration will recognize NEPA's enactment by recommitting to environmental quality through open, accountable, and responsible decision making that involves the American public. Our Nation's long-term prosperity depends upon our faithful stewardship of the air we breathe, the water we drink, and the land we sow. With smart, sustainable policies like those established under NEPA, we can meet our responsibility to future generations of Americans, so they may hope to enjoy the beauty and utility of a clean, healthy planet.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 1, 2010, as the 40th Anniversary of the National Environmental Policy Act. I call upon all executive branch agencies to promote public involvement and transparency in their implementation of the National Environmental Policy Act. I also encourage every American to learn more about the National Environmental Policy Act and how we can all contribute to protecting and enhancing our environment.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.

BARACK OBAMA

Find a full copy of the President's proclamation at http://ceq.hss.doe.gov/nepa/2009nepa_prc_rel.pdf.