Quick 2020 Session Recap

We started the 2020 legislative session in January with high hopes for passing a variety of top priority bills to address the climate crisis and make Hawai‘i more equitable and sustainable. However, due to COVID-19, the legislature suspended session in mid-March, reconvening shortly in May and June with modified legislative processes. Thankfully, and gratefully, we were still able to pass a few good bills during this unusual and unprecedented 2020 legislative session.

Sierra Club’s top priority environmental bills that passed:

1. SB 2629- Bans coal in Hawai‘i by 2023, aligning with the planned retirement of the last coal plant in the state. Ensures Hawai‘i’s progress to a 100% clean energy future and mitigates the public health impacts from the disposal of toxic coal ash in the Nānākuli community.

   • After similar bills stalled in the Senate the past two sessions, Rep. Nicole Lowen inserted language to ban coal into a different bill and passed this bill out of her Committee. Rep. Luke also heard and passed this bill with good amendments. In the final floor votes, 5 members of the House opposed this bill and it was unanimously supported in the Senate.

2. SB 2060- Updates our coastal zone management law to protect beaches and coastal ecosystems against the impacts of sea level rise and coastal erosion. Prevents seawalls and other shoreline hardening structures in beach areas, unless a variance is granted, and establishes a 40 foot shoreline setback from coastal development.

   • This was a top bill to address sea level rise, prevent beach loss, and protect public access. Similar bills were introduced and failed last session, but this year the bill was heard and passed. In the final floor votes, 1 member of the House opposed this bill and it was unanimously supported in the Senate.

Bad bills that were successfully stopped:

When the legislature reconvened in May and June, a handful of bills that the Sierra Club opposed were still alive and could be considered and passed. Fortunately, the following bills were either not heard, deferred, or amended to remove problematic language:

1. SB 2828- Amends the State Water Code to allow the potential water banking of public streams for fire safety purposes.

   • Bills were introduced in both the House and Senate that would allow for public trust streams to be diverted and placed in large reservoirs for future fire-fighting purposes. This was particularly concerning for Maui streams, which have a history of being diverted for corporate interests at the expense of stream ecosystems and downstream communities. This bill failed to get a hearing in the House Finance Committee, chaired by Rep. Luke.

2. HB 2035- Transfers the management of 90,000 acres of watershed “pasturelands” from the Dept. of Land and Natural Resources to the Dept. of Agriculture.

   • Instead of a wholesale transfer of these lands, Senate Chairs Kahele, Gabbard, and Dela Cruz amended this bill into a pilot project that reduced the amount of pasturelands transferred and placed other requirements on the use and management of these lands. The bill passed the House with several members voting no and passed the Senate with 1 member voting no. Ultimately, the bill died because the House disagreed with the Senate changes and no compromise was reached.

3. SB 3103- Establishes a Schools Facility Agency that would have been exempt from environmental protection, historic preservation, and public transparency laws.

   • This was one of four bills that was presented as a joint legislative package at the beginning of session. This bill aimed to expedite the construction of schools in the state, but did so by setting up a new agency that was exempt from several important state laws such as Environmental Impact Statements and Historic Preservation. Rep. Woodson and Rep. Luke in the House removed all the problematic exemptions and we no longer opposed the bill, which passed amended in the House and Senate.

4. SB 3104- Weakens the authority of the Land Use Commission in rezoning agricultural lands for the purpose of housing development.

   • This was one of four bills that was presented as a joint legislative package at the beginning of session. This was a comprehensive bill aimed to expedite the construction of “affordable” housing. We primarily opposed the section of the bill that would have weakened the state Land Use Commission’s oversight to approve the rezoning of lands for agricultural purposes for housing development. Upon reconvening session, this bill failed to be heard by Rep. Brower and Rep. Luke.

Other environmental bills that passed:

1. SB 2386- Establishes a 1/2 mile bufferzone around landfills to mitigate public health impacts. Prevents waste facilities from being located in land designated for conservation purposes.

2. HB 1846- Requires existing state buildings to implement energy efficiency measures. Requires new state facilities to maximize energy and water efficiency and building materials that reduce the carbon impact of the project.

3. SB 2820- Amends the renewable energy technologies income tax credit for utility-scale solar projects (does not eliminate the individual solar tax credit, which we strongly opposed in a separate bill). 

4. GM 583- The nomination of Christopher Yuen to serve on the Board of Land and Natural Resources until July 2022. The Sierra Club respectfully opposed this nomination due to Mr. Yuen’s 14 years of service, frequent favoring of business interests over the value of Hawaiʻi's natural resources, and practice of ignoring community concerns. The Senate approved this nomination with 16 yes votes and 9 no votes.

Mahalo to everyone who submitted testimony, contacted their legislators, shared our action alerts, and engaged in CapitolWatch during the 2020 legislative session. The legislature has officially adjourned for this year. The bills that passed now go to the Governor’s desk to become new laws in Hawai‘i.

This week's bill hearings

Several of our environmental priority bills are already scheduled for hearings next week! Due to COVID19, only written testimony is being accepted, making it important to login in to your capitol.hawaii.gov account and submit written testimony, or email the committees directly (the email links below are already pre-drafted with testimony).

Please SUPPORT the following bills:

1. SB2629 Proposed HD1 Relating to a Coal-Free Hawaii (SUPPORT). This bill would ban the use of coal in Hawai‘i beginning 2023 and has a hearing in EEP Committee on Monday, June 22nd at 9:30 AM. Submit testimony to the committee by clicking here: EEPtestimony@capitol.hawaii.gov.

Aloha Chair Lowen, Vice Chair Wildberger, and members of the EEP Committee,

I strongly support SB2629 Proposed HD1 to end the use of coal in Hawai‘i by 2023. Passing this bill brings Hawai‘i closer towards our clean energy goals and helps to address environmental justice issues, as the burning coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. The last coal fired power plant has a contract that is already set to expire in 2022. Please support SB2629 Proposed HD1 and make Hawai‘i coal-free by 2023.

Thank you,
(your name)

2. HB1878 Sea Level Rise Seller Disclosure (SUPPORT). HB1878 would require sea level rise disclosure for real estate transactions, ensuring disclosure of the risks of purchasing properties in sea level rise exposure areas. This bill has a hearing in AEN & WTL on Wednesday, June 24th at 12:30 PM. Submit testimony to both committees by clicking here: AENtestimony@capitol.hawaii.gov and here: WTLtestimony@capitol.hawaii.gov.

Aloha Chair Gabbard, Chair Kahele, and members of the AEN and WTL Committees,

I support HB1878 to require mandatory sea level rise disclosure for real estate transactions, and support the language to use the State’s “SLR-XA” maps to determine which areas are impacted. Seller disclosure is already required for homes in flooding and tsunami zones and sea level rise disclosure is a common sense solution to help buyers better understand and prepare for the impacts of sea level rise.

Thank you,
(your name)

Please OPPOSE the following bills:

3. SB3103 Schools Facility Agency Exemption bill (OPPOSE). SB3103 would establish a “Schools Facility Agency” that is exempt from environmental impact statements, historic and cultural preservation, public procurement, and public transparency laws (more info here). The bill has a hearing in LHE on Tuesday, June 23rd at 1 PM. Submit testimony to the committee by clicking here: LHEtestimony@capitol.hawaii.gov

Dear Chair Woodson, Vice Chair Hashem, and Members of the Lower and Higher Education Committee,

Please OPPOSE SB3103. While I support addressing our school facility needs, an agency exempt from procurement, environmental, and historic preservation laws will invite far more harm than good. These laws keep our children safe, uphold the trust of taxpayers, and stop the outright desecration of all ancestral remains, Native Hawaiian or otherwise. Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form. Please do not vote for its passage and HOLD SB3103 in committee.

Thank you,
(your name)

4. HB2035 Pasturelands Transfer bill (OPPOSE). HB2035 would transfer nearly one hundred thousand acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture (more info here). The bill has a hearing on Wednesday, June 24th at 12:30 PM. Submit testimony to both committees by clicking here: AENtestimony@capitol.hawaii.gov and here: WTLtestimony@capitol.hawaii.gov.

Aloha Chair Kahele, Chair Gabbard, and members of the WTL and AEN Committees,

I strongly oppose HB2035, the "pasture" lands transfer bill. By transferring nearly 100,000 acres of public lands from the Department of Land and Natural Resources to the Department of Agriculture, the ranching industry could clear cut watershed forests and native species habitat, pay even less for our public trust resources, and even exempt development on these lands from state and county environmental and development laws. ⁠Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form.

Thank you,
(your name)

Updated Priorities for June Reconvening

The Hawai‘i State Legislature will reconvene again from June 22 through July 10th to appropriate the remaining COVID-19 relief funding, make tweaks to the state budget, and potentially pass a handful of other non-fiscal bills.

Due to COVID-19 safety concerns, it is likely that the State Capitol will remain closed to the public, legislative hearings will be broadcasted online, and only written testimony will be allowed. There will also be no conference committee, which is normally one of the last steps of the legislative process where House and Senate Committee Chairs meet to discuss and approve the final drafts of bills. This means legislators are already figuring out budget issues and discussing which other bills to hear and pass. Below is a list of the Sierra Club’s updated bill priorities for when the legislature reconvenes next week.

Environmental bills we OPPOSE:

1. GM583 - Oppose the nomination of Christopher Yuen to the Board of Land and Natural Resources. Chris Yuen has already served for 14 years and has voted against environmental and cultural protections on numerous issues before the BLNR. 

2. SB3036 -  Oppose eliminating Hawai‘i’s solar tax credit, which not only makes installing solar systems on homes and local business affordable, but also lowers everyone's electricity bills, supports thousands local solar jobs in our communities, and provides tax revenue to the state. Learn more and take action HERE.

3. SB2812 and HB2035 - Oppose transferring 93,000 acres of watershed “pasture” lands on Hawai‘i Island from the Dept. of Land and Natural Resources to the Dept. of Agriculture. The Dept. of Ag lacks the mission to protect these lands of significant natural and cultural resources and could also exempt agricultural development of these lands from environmental and land use laws. Learn more and take action HERE.

4. SB2828 - Oppose amending the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources. This bill is particularly relevant for Maui streams.

Environmental bills we SUPPORT:

Several of our environmental priority bills could still be passed this session. These bills have received little or no testimony in opposition, would not require state funding, and would help to address climate change impacts and boost our resiliency:

1. HB1878 - Support requiring sea level rise disclosure for real estate transactions, ensuring disclosure of the risks of purchasing properties in sea level rise exposure areas.

2. SB2060 - Support updating Hawai‘i’s coastal zone management law to prevent seawalls and protect beaches and coastal ecosystems.

3. SB2629 Proposed HD1 - Support aligning the expected closure of Hawai‘i’s last coal-fired power plant with a ban on coal in Hawai‘i beginning 2023. 

4. HB2699 - Support establishing state goals for 100% clean ground transportation by 2045.

We SUPPORT COVID-19 Relief for Working Families: 

In April, the state received $1.25 billion in CARES Act funding for COVID-19 relief and recovery. While some of these funds were appropriated to the counties to provide direct relief to struggling residents, $635 million in CARES funding was put into the state's "Rainy Day Fund" and still needs to be appropriated when the legislators reconvene in June.

The Sierra Club supports the Working Families Coalition’s proposal to allocate CARES Act funds to priorities like housing and food assistance, health care, social services, and child care. Hawai‘i already had the highest cost of living in the U.S. before COVID-19 hit. With nearly 140,000 people in Hawai‘i unemployed since April and a slow economic recovery ahead, many families are facing unprecedented financial hardship and need additional relief. Learn more and take action HERE.

The Sierra Club supports workers and vulnerable communities during this time of crisis. We will fight for a just recovery that helps working families and avoids exacerbating inequity and the ongoing global climate crisis. 

Top Bill hearings: 2/18 - 2/21

Aloha everyone! We are thrilled that so many of our high priorities have hearings this upcoming week, well before the crossover deadline of March 5th. Many of these hearings, however, are only accepting written testimony…which is why it is so important for you to login in to your capitol.hawaii.gov account and submit written testimony, preferably 24 hours in advance.

Updated action alert/post:

Additional bills have just been scheduled on Friday, Feb. 21 @12pm in the House Finance Committee. Bill number and sample testimony below:

HB2657 Relating to a Coal-Free Hawaii (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB2657 to end the use of coal in Hawai‘i by 2023. Although the last coal fired power plant has a contract that is set to expire in 2022, AES Hawai‘i is currently requesting to be able to increase their coal emissions, which makes this bill timely and necessary. Coal is extremely dirty and impacts public health and air quality. Passing this bill makes meaningful progress towards our clean energy goals and helps to address environmental justice issues, as the burning of coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. Please support HB2657 and help to end the use of coal in our state.

HB2699 Clean Ground Transportation by 2045 (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. Hawai‘i has set ambitious goals to reach 100% renewable energy by 2045, but ground transportation accounts for approximately 1/3 of Hawaii's fossil fuel consumption and additional progress needs to be made in the transportation sector. Setting a complimentary goal of 100% renewable ground transportation is important to reduce and eventually eliminate carbon-based ground transportation in favor of renewable energy alternatives. I support the bill’s approach to gradually transition state fleets by 2035 and then all vehicles to renewable energy-based transportation by 2045. Thank you to the many bill co-sponsors for setting another example on how Hawai‘i has the vision to combat climate change and I ask for your support of HB2699.

HB1878 Sea Level Rise Seller Disclosure (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB1878. Seller disclosure is already required for homes in flooding and tsunami zones and this bill ensures disclosure of the risks of purchasing a home in areas vulnerable to sea level rise. Disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss from sea level rise and the 6,500 structures such as hotels, malls, and businesses that will be impacted. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Thank you for your support of HB1878.

HB2035 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

1. Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I oppose HB2035, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

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First action alert/post:

Wednesday 2/19 @ 4 PM:

• HB1934 Clean and Renewable Energy Jobs (SUPPORT). Sample testimony:

  Aloha Chair Luke and members of the FIN committee. I support HB1934, which would develop a plan to increase jobs in clean and renewable energy. As Hawai‘i advances to 100% clean energy by 2045, it is important we transition the 15,000+ current jobs in the fossil fuel industry to good paying careers in renewable energy. I support HB1934 to help boost our economy, protect public health, and mitigate climate change impacts.

Thursday 2/20 @ 10 AM:

• SB2774 Red Hill Relocation Bill (SUPPORT). Sample Testimony:

  Aloha Chair Baker and members of the CPH committee. I strongly support SB2774 to require the Navy relocate its fuel at Red Hill away from drinking water resources. These tanks are almost 80 years old, have a history of leaks, are corroding, and are located only 100 feet above O‘ahu’s water. The Navy’s own recent study shows that the tanks at Red Hill have a 27.6% chance of leaking 30,000 gallons of fuel every year and that they expect chronic fuel leaks of 5,800 gallons every year. Meanwhile, the Navy is proposing to extend the deadline to upgrade the tanks to 2045, which is too long and would continue to risk the health and safety of O‘ahu’s drinking water. 2028 is a reasonable deadline for the Navy to relocate its fuel. Please support this bill.

Thursday 2/20 @ 10:35 AM:

• SB2060 Coastal Zone Management and Protecting Beaches (SUPPORT). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I strongly support SB2060, which amends our coastal zone management laws to protect against impacts from sea level rise and coastal erosion. This bill also provides important guidance to the counties to help to prevent seawalls and other shoreline hardening structures, which destroys beaches, cultural resources, and coastal ecosystems. Thank you Chair Dela Cruz for introducing this bill and we ask the committee support and pass SB2060.

• SB2812 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I oppose SB2812, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

Friday 2/21 @ 10:30 AM:

• SB2670 Sea Level Rise Buyer Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2670. Sea level rise disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss due to sea level rise and ensures that buyers understand the risks of purchasing a home in vulnerable areas. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

• SB2671 Sea Level Rise Seller Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2671. Seller disclosure is already required for homes in flooding and tsunami zones and ensures that sellers disclose the risks of purchasing a home in areas vulnerable to sea level rise. Disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss from sea level rise and the 6,500 structures such as hotels, malls, and businesses that will be impacted. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

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Help us advance good environmental policies and stop bad bills by logging in to your capitol.hawaii.gov account and submitting written testimony on these top priority bills. Mahalo!

First Lateral bill updates

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. We just passed the first lateral deadline, here’s a breakdown of what on our priority list is still moving:

Sea Level Rise:

1. Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas (Support): HB1878, SB2670, SB2671

2. Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning (Support): SB2060.

Water:

1. Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks (Support): SB2774

2. Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases (Oppose): HB2677

Energy and Transportation:

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023” (Support): HB2657.

2. Establishing 100% clean transportation goals by 2045 (Support): HB2699.

Healthy Soils (O‘ahu Group priority):

1. Cover crop reimbursement pilot program (Support): HB2167, SB2704.

2. DOFAW tree stock bills (Support): HB2160, SB2531.

Land Use:

1. Weakens the authority of Land Use Commission in rezoning agricultural lands for “affordable” housing development (Oppose): SB2620, SB3104, HB2542.

Initial High Priority Bills

The Sierra Club of Hawai‘i will be monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting freshwater resources. We are also supporting a handful of bills at the state level that have been identified as top issues by our four county groups. Here is a list of our high priority issues and correlating bills:

Sea Level Rise: Sea levels in Hawaii could rise more than 3.2 feet throughout the century. As sea level rises, coastal buffers, habitats, and resources will be greatly impacted and infrastructure and residence may no longer exist along the coast. The state estimates this would result in $19 billion in loss of private land and structures. The state needs to start planning now for the projected impacts of sea level rise to minimize costs and impacts on coastal communities and ecosystems. For this reason, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Require mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas: 

   • 2019 bills: HB565, SB1126, SB1339, SB1340

   • 2020 bills: HB1878, HB2383, HB2384, SB2534, SB2670, SB2671

2. Amend Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning: 

   • 2019 bills: HB549, SB393, SB1113

   • 2020 bills: HB1848, HB2194, SB2060

Water: From our streams to aquifer systems, we must ensure the protection of our freshwater resources. Hawaiʻi’s streams, in their original state, hold enough water to support the ecosystems—mauka to makai—that rely on them, such as subsistence farmers, cultural practices, renewable energy, and large scale agriculture. Likewise, with climate change and decreased rainfall, we must ensure our precious drinking water is protected. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Uphold state laws, ensuring water is first used for the public good before used for private profit. Prevent efforts to allow the continued use of temporary permits for stream diversions:

   • 2019 bills: SB915

   • 2020 bills: HB2677, HB2357, SB2913

2. Protect O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks: 

   • 2020 bills: SB2774

Clean Energy: Hawai‘i is already leading the nation with our goal of producing 100% of our electricity from clean energy by 2045, but we must do more to ensure the transition to clean energy is accelerated and equitable for all. We will be supporting initiatives to reduce greenhouse gas emissions produced from the burning of fossil fuels and urging a transition from dirty to clean fuels. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that: 

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022: 

   • 2019: HB563, SB700

   • 2020: HB2657, SB2366

Group Priorities: A Honolulu-based State Capitol provides challenges to our neighbor island group members and volunteers, who need to travel to O‘ahu to directly interact with legislators and advocate on issues most critical to their island. This session we will be prioritizing issues that were identified as important to the Sierra Club’s four county groups. As a result, the Sierra Club of Hawaiʻi will be working on the following issues:

1. Kaua‘i Group: Require greater setbacks for shoreline development to protect beaches and coastal resources:

   •  Potentially Chapter 205A Coastal Zone Management bills, listed above

   •  Potentially SB2381- Relating to shoreline setbacks

2. O‘ahu Group: Create and fund programs to support farming practices that will develop healthy soils on Hawai‘i’s agricultural lands, both good for agriculture and carbon sequestration efforts: 

   • Cover crop reimbursement pilot program: HB2167, SB2704

   • DOFAW tree stock bills: HB2160, SB2531

3. Maui Group: No specific policies were identified, but the Chapter is already prioritizing climate change bills, which were the group’s top concern.

4. Hawai‘i Island Group: Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems:

   • Commercial aquarium fish trade ban: HB2154

5. Waste bills: Kaua‘i and Hawai‘i Island groups support policies to promote source reduction and zero waste principles to prevent waste rather than manage it after the fact. Since there are so many waste reduction bills - from plastics, to recycling, to food waste and composting - we will be leaning on partner organizations and lead volunteers to assist in this area.

We are a volunteer-driven organization that relies on our members and supporters to help inform our policy positions and increase our impact at the state legislature. As such, this bill list is dynamic and will be changing as bills progress throughout legislative session.

We invite you to engage with us. If you would like to have your voice heard on these and other important environmental justice issues, please sign this petition to join our new CapitolWatch email list so you will receive updates and action alerts sent directly to your inbox.

Happy session!

Civil Beat: What Is Hawaii Government Doing About Sea Level Rise?

By Claire Caulfield   / About 10 hours ago

The state predicts sea level rise will cause at least $19 billion in damage in the next 80 years and Brad Stubbs, a Civil Beat reader who lives in Waialua, wanted to know how the government is responding to rising waters.

“How are we going to ensure that these properties, whether public or private, are receiving the support that they need?” he asked. Episode 10 of “Are We Doomed? And Other Burning Environmental Questions” put his question to government officials.

“I would say the government here has more of a plan than most governments elsewhere,” said Josh Stanbro, the chief resilience officer for the City and County of Honolulu.

But there is no set game plan, despite the fact that a 2017 report urged immediate preparation for 3.2 feet of sea level rise by 2060 and the state has already lost more than 13 miles of beach.

“While that might feel unsatisfying for people that are immediately looking for an answer, we also recognize that context matters,” said Matthew Gonser, the coastal and water program manager for the Honolulu Office of Climate Change, Sustainability and Resiliency.

Gonser said the county is working on eight different infrastructure and growth plans for different parts of Oahu. The plans will anticipate predicted sea level rise and will be submitted to the Honolulu City Council for approval in the next few years.

Sam Lemmo, with the Hawaii Office of Conservation and Coastal Lands, said he’s not too worried about public infrastructure. While it might be expensive to move a road or water treatment plant, the government has the authority to do so. Private property, on the other hand, presents unique challenges when planning for sea level rise.

“The scale of it might be so grand that government may not be able to help them in any significant way,” he said.

Lemmo said he’s been investigating the possibility of tapping into funds from the Federal Emergency Management Agency to buy out homeowners who will lose their houses.

“We don’t tend to have those big giant, horrific, catastrophic events and so that seems to be the trigger for getting federal interest,” he said.

Twenty bills addressing sea level rise were introduced in the first week of the 2020 legislative session. While many are similar to bills that failed to pass last session, this year 36 lawmakers formed an environmental caucus, and adapting to sea level rise is one of their top priorities.

“It was disappointing to see the lack of progress at the state level last year,” Stanbro said. “We hope that the state Legislature takes the lead this session and really lays out the policy framework that will help us at the county level navigate away from the climate crisis.”

Changing Hawaii’s Coastal Zone Management Policy

House Bill 1848, House Bill 2194 and Senate Bill 2060 seek to change the state’s coastal zone management policy to impose new restrictions on private and public construction near the coastline.

“HB 1848 would clarify that county permitting authorities can exercise discretion over whether they approve things like seawalls and shoreline hardening measures, meaning that if they don’t think that is the best adaptation option for a particular area they can deny the permit application,” said Rep. Nicole Lowen, the bill’s sponsor.

The bills would also double the minimum shoreline setback from 20 to 40 feet and address flanking, or erosion that occurs near seawalls and other shoreline hardening projects.

“It’s like a domino effect,” Stanbro said. “If you put up one wall and it’s going to accelerate the erosion on either side of that wall, and then that’s gonna make the next door neighbor put up their wall and pretty soon you’re diving off of six-foot concrete walls onto hard rock rather than onto beaches.”

A University of Hawaii study on the northeast shore of Oahu found that 45% of shoreline hardening measures, like a seawall, were constructed in response to adjacent hardening.

Current real estate law requires sellers to notify potential buyers if the property will be affected by things like noise pollution from commercial airplanes or military activities. Five bills at the Capitol seek to add a mandatory disclosure if the property will be affected by sea level rise.

House Bill 2383 would notify potential buyers that vulnerable coastal properties may one day become public property due to erosion and sea level rise, since beaches are considered public trust land in the state. A similar bill in the Senate would notify potential buyers about coastal erosion.

Limiting New Coastal Projects

House Bill 1611 would prohibit the Board of Land and Natural Resources from approving long-term projects in areas that could be affected by sea level rise. While the bill is written to address many types of construction near the coastline, the bill’s sponsor, Rep. Cynthia Thielen, said she had the controversial rail project in mind when writing the measure.

“What on earth are we doing allowing the city to build a rail along a route … where seven of the stations will be subject to flooding,” she said last week. Thielen is one of five Republicans in the 51-member House.

Another bill, which House Speaker Scott Saiki introduced by request of another party, would increase the gasoline tax by 5 cents to “preserve and enhance” wildlife habitats affected by rising sea levels.

Five of the bills would set aside funds for the Hawaii Climate Change Mitigation and Adaptation Commission to create specific sea level rise adaptation plans.

Lowen, who sponsored one of the bills, said the measure would allow the state to respond quickly when infrastructure is damaged by sea level rise.

“If we can anticipate that some roads will be impacted by chronic flooding or erosion, then we can start now to plan an alternative,” she said. “Then, when the time comes that a flood or high tide washes out a road, instead of rebuilding it exactly as it was, as we’ve done in the past, we will be ready to reroute it and rebuild it in a more resilient way that accounts for the impacts of climate change.”

The bills would require the commission to submit its recommendations to the Legislature by 2022.

Another bill focuses solely on urban Honolulu and Waikiki, and would create a pilot program to defend the shoreline between the Honolulu International Airport and Diamond Head State Monument from sea level rise and natural disasters like hurricanes.

House Bill 2207 calls for an assessment on the cost of continuing to maintain a crumbling road on the North Shore. Earlier this month part of the highway in Hauula collapsed into the ocean. A separate bill would require the Department of Transportation to develop a long-term plan to address erosion along Kamehameha Highway on the Koolauloa Coast.

“Are We Doomed? And Other Burning Environmental Questions” is funded in part by grants from the Environmental Funders Group of the Hawaii Community Foundation and the Frost Family Foundation.

Preview of 2020 bill priorities