Governor Elect Neil Abercrombie Makes Key Directorship Nominations

Mr. Abercrombie nominated the following leaders to key agencies responsible for Hawaii's natural resources, statewide energy planning, and land use regulations:

• William Aila Jr., director and chairman of the state Department of Land and Natural Resources.  This position is currently held by Laura Thielen.  Within the DLNR is the State Historic Preservation Division, which is charged with, inter alia, implementing Hawaii's native Hawaiian burial laws and the federal and state historic preservation acts.   SHPD has been under close scrutiny by the U.S. Department of the Interior's National Parks Service for SHPD's failure to comply with provisions of the National Historic Preservation Act.
• Richard Lim, director of the state Department of Business, Economic Development and Tourism.  DBEDT is is Hawaii's resource center for economic and statistical data, business development opportunities, energy and conservation information, and foreign trade advantages.  Mr. Lim is the managing director of Sennet Capital. Prior to Sennet Capital, Mr. Lim was president and chief operating officer of City Bank until its merger with Central Pacific Bank.  He will replace Director Theodore E. Liu.
• Alapaki Nahale-a, to the state Department of Hawaiian Home Lands.  DHHL's mission is to manage the Hawaiian Home Lands trust effectively and to develop and deliver lands to native Hawaiians.  Mr. Nahale-a is currently the Executive Director for the Hawaii Charter Schools Network.  He will replace Director Micah Kane.

Under HRS § 26-31, the above directors are "nominated and, by and with the advice and consent of the senate, appointed by the governor, for a term to expire at the end of the term for which the governor was elected."

For more land use related news, see the Land Use News archive.

Honolulu City Council Reorganization for 2011 Council Term

According to a press release posted on the Honolulu City Council's web site, the council will be organized as follows for the 2011 council term, which begins January 3, 2011:

• Budget Committee: Ernest Y. Martin, Chair (C) and Tulsi Gabbard-Tamayo, Vice Chair (VC)
• Executive Matters and Legal Affairs Committee: Romy M. Cachola (C) and Breene Y. Harimoto (VC)
• Parks and Human Services Committee: Council District I (C) and J. Ikaika Anderson (VC)
• Planning Committee: Ann Kobayashi (C) and Council District I (VC)
• Public Works and Sustainability Committee: Stanley Chang (C) and Ann Kobayashi (VC)
• Safety, Economic Development and Government Affairs Committee: Tulsi Gabbard-Tamayo (C) and Stanley Chang (VC)
• Transportation and Transit Planning Committee: Breene V. Harimoto (C) and Ernest Y. Martin (VC)
• Zoning Committee: J. Ikaika Anderson (C) and Romy M. Cachola (VC)
• Committee of the Whole: Nestor R. Garcia (C) and Breene V. Harimoto (VC)

Council District I has not yet been filled. It was vacated by Todd Apo, who resigned in November for a position with Disney’s Aulani Resort at Ko Olina. Giving up their seats on the Council are Reed Matsuura (temporarily seated in former Councilman Dela Cruz's seat; Dela Cruz recently won a state senate seat), Lee D. Donohue (temporarily filled the vacancy created when Charles Djou won the special congressional election in May), Rod Tam (termed out), and Gary H. Okino (termed out).

For more land use news, see Land Use News.

Maui County Council Reorganization for 2011-2013 Council Term

According to a press release posted on Maui County's web site, the Maui County Council will be organized as follows for the 2011-2013 Council term, which begins January 2, 2011:

• Danny A. Mateo, Chair
• Joseph Pontanilla, Vice Chair and Chair of the Budget and Finance Committee 
• Gladys C. Baisa, Chair of the General Plan Committee
• Michael P. Victorino, Chair of the Water Resources Committee
• Elle Cochran, Chair of the Infrastructure Management Committee
• Don Couch, Chair of the Planning Committee
• Mike White, Chair of the Economic Development, Agriculture, and Recreation Committee
• Riki Hokama, Chair of the Policy Committee
• Robert Carroll, Chair of the Land Use Committee

Giving up their seats on the Council are Michael J. Molina, Jo Anne Johnson, Sol P. Kaho'ohalahala, Bill Kauakea Medeiros, and Wayne K. Nishiki.

For more land use news, see Land Use News.

Homeless in Hawaii

Many speculate about the cause and effect of homelessness in Hawaii, but to this date, there has not been (1) a comprehensive study to figure out who the homeless are, or (2) a program based on that analysis to develop targeted, strategic interventions.  So it's no wonder that the many and varied "solutions" cobbled together by well intended decision-makers have not ameliorated the problem.

Ala Moana Park

But 100,000 Homes Campaign's practical, common sense approach could make some inroads.  The two aforementioned steps are part of 100,000 Homes process to ensure that public monies are better focused on providing housing for individuals who need them most. Read more in, Registering the Homeless, from this month's edition of Governing.

For more on housing issues in Hawaii, view the Affordable Housing archive.

National Marine Fisheries Service Proposes Listing Hawaii False Killer Whale on Endangered Species List

According to the November 17, 2010 issue of the Federal Register, the National Marine Fisheries Service is asking for public comments on its proposal to list the Hawaiian insular false killer whale on the federal endangered species list.

Source: NOAA Fisheries, Office of Protected Resources

The Service has determined that the Hawaiian insular false killer whale is a distinct population segment, and that the species are declining and in danger of extinction throughout its range.  The Service identified 29 threats having either a historical, current, or future risk to Hawaiian insular false killer whales.  Of these, 15 are believed to contribute significantly to current and future population decline, including impacts from recreation activities, commercial fishing, and anthropogenic (i.e., caused by humans) ecological contaminants.

According to the Federal Register, comments on this proposal must be received by February 15, 2011. A public hearing will be held on Oahu, Hawaii, on Thursday, January 20, 2011, 6:30 p.m. to 9 p.m., at the McCoy Pavilion at Ala Moana Park, 1201 Ala Moana Blvd., Honolulu, HI 96814.

For more on issues related to endangered species, see Endangered Species Act.

University of Hawaii's Final Report on Hawaii's Environmental Review System

Pursuant to Act 1, Session Laws of Hawaii 2008, University of Hawaii researchers prepared a report for the Hawaii State Legislature on Hawaii’s environmental review system. A copy of the document is available at http://goo.gl/yURmK.

The study focuses on five areas of concern within the system: (1) applicability, (2) governance, (3) participation, (4) content and, (5) process, and describes identified issues and specific recommendations for addressing them. The 390 page document proposes drastic changes to Hawaii's environmental review laws, particularly HRS chapter 343, Hawaii's environmental impact statement law.

For previous blog entries on this study, see:

• Hawaii Environmental Reform Bill Deferred Indefinitely
• Honolulu Advertiser Chimes in on Environmental Reform
• Hawaii Environmental Reform Bill Passes Second Senate Committee
• Hawaii Environmental Reform Bill Passes Committee with Amendments
• Final Report to the Legislature on Hawaii's EIS Law
• Joint Legislative Committee Will Consider Changes to Hawaii's EIS Law

It is anticipated that recommendations from this study will be included in proposed bills submitted to the legislature for its consideration.  The opening day of Hawaii's Legislature is held on the third Wednesday in January; i.e., January 19, 2011.

For more on environmental laws, see Environmental Law.

Natural Resources Section's November Brown Bag Lunch Meeting: An Overview of Important Ag. Land

The Natural Resources Section of the Hawaii State Bar Association will host guest speaker Thomas S. Witten, President of PBR Hawaii & Associates, Inc., who will present:  “An Overview of Important Ag. Land.”

Important agricultural lands ("IAL") legislation is codified under HRS §§ 205-41, et. seq, and proposed rule changes to implement IAL are found under HAR chapter 15-15.  The objective of IAL legislation is to "identify and plan for the maintenance of a strategic agricultural land resource base that can support a diversity of agricultural activities and opportunities that expand agricultural income and job opportunities and increase agricultural self-sufficiency for current and future generations."  HRS § 205-42.  In order to promote IAL, the statute also provides for certain landowner incentives.  Id.

Here are some articles written about IAL policy and implementation:

• Historic Decision at the Land Use Commission; First IAL Designation
• 2008 Legislative Session Round Up (discussing proposed SB2646 SD2 HD2 CD1)
• 2008 Legislative Update: Crossover and Second Lateral (discussing various legislative proposals)

NRS will hold its meeting on Tuesday, November 16, 2010, from noon to 1:00 p.m. at the HSBA conference room (located on the 10th floor of Alakea Corporate Tower, 1100 Alakea Street).

Kona Judiciary Complex Site Selection Public Meeting

A public meeting will be held on Nov. 18 at the Kealakehe Elementary School cafeteria at 7:00 p.m. to inform the community about a site selection study for a court complex in Kona on the Big Island, and to receive input on the process, the potential sites, and the Environmental Impact Statement Preparation Notice (EISPN).  Representatives from Group 70 International, Inc., the Department of Accounting and General Services, and the Hawaii State Judiciary will be present.

As required by the state’s environmental review law, an EISPN was filed with the Office of Environmental Quality Control (OEQC) and will be published on Nov. 8 at http://hawaii.gov/health/environmental/oeqc/index.html.

See Hawaii State Judiciary, Public Meeting on Kona Judiciary Complex Site Selection Scheduled on November 18, at http://www.courts.state.hi.us/news_and_reports/featured_news/2010/11/kona_jud_eispn_feature_news.html (accessed Nov. 5, 2010).