GaryHooser's Blog

Yes, there were some heartbreaking losses on November 5th, but there were also 4 new solid Hawai’i change-makers who won at the State and County level.

Individually each is a powerhouse of potential. Working together in alignment with incumbent allies and community – that potential can move mountains.

Kim Coco Iwamoto (HD25 Ala Moana, Kaka‘ako, Downtown) has a long and stellar record of achievement demonstrating her clear and unwavering commitment to people and the planet. She defeated House Speaker Scott Saiki in an election for the history books. The unambiguous message sent by her win is that business as usual in the House – is over.

Ikaika Hussey (HD29 Kamehameha Heights, Kalihi) proved the power of perseverance and hard work. He soundly defeated a new incumbent recently appointed by Governor Josh Green. Hussey has extensive experience and a solid track record working in community with a focus on economic and environmental justice.

Tina Grandinetti (HD20 Kāhala, Wai‘alae, Kaimukī, Kapahulu) is the real deal. She’s unafraid to be herself, to share with others her values, goals, and dreams, and to do the work necessary to make those dreams a reality.

Fern Holland won election to the Kauaʻi County Council and is on the list because she too is a “putting people and the planet first” change-maker, AND she lives in (HD15). She will be a catalyst for change on the Council and she will likely also have the ear of the new House Speaker.

What qualifies each of these 4 unique individuals to be on the “change-maker” list?

1) Each has a proven track record making change happen.
2) Each knows the value of community engagement.
3) Each has zero interest in just “holding space” or playing the so-called “long game”. They are there to make change happen.
4) Each feels the urgency of the moment. Each can see clearly that family living under the bridge. Each knows without a doubt the seas are rising, streams and drinking water are to be protected, and those who have more should give more.
5) Each knows the value of doing their homework, knowing the facts, and avoiding B.S..
6) None are wall-flowers. Each is willing to raise their hand, ask the tough questions, present the hard facts, and if needed and if even alone, push back against power.
7) Each is surrounded by a solid support base of friends, family, and allies, who have high expectations and prepared to go to the mat to help.
8) Each will vote their conscience without seeking permission to do so.
9) Each knows the value of open communications and long term relationships, built on trust.

These 4 individuals are change-makers we can count on. I say this without any hesitation whatsoever.

Regardless of where you live, please join me in thanking each of them, for being there – for us. repiwamoto@capitol.hawaii.gov repgrandinetti@capitol.hawaii.gov rephussey@capitol.hawaii.gov fernanuenue@gmail.com

Tell them mahalo plenty, and let them know we have their back.

To prove our commitment is not just an empty promise – please also email House Speaker, Representative Nadine Nakamura (HD15 Hā’ena to Kapa’a, Wailua and Kawaihau) repnakamura@capitol.hawaii.gov

Ask her politely and professionally to end the practice of committee chairs “killing bills” behind closed doors for personal and political (electoral) reasons. Ask her to work together with reform minded Representatives (including those listed above) to amend House rules and require committee members themselves to vote publicly yay or nay on bills, after a properly noticed public hearing and discussion.

Please. Take tangible, meaningful action today and help the change-makers move Hawai’i forward to a new era, and remind the Speaker and every member of the House that business as usual is over.

Gary Hooser

The general mood among many in our islands was reflected in this email I received recently.

“Oh man. Just saw latest – They control house and senate. We’re going to be in hell. How will we recover? They will make draconian laws. We have no recourse – there will be too many things and laws to focus on.

“All his appointees hate government. I’m scared, fearful of what’s going to happen next.”

Yes. It’s increasingly bizarre and scary.

It’s clear President-elect Trump is intentionally exacerbating the already existing discontent, distrust, and uncertainty.

Instead of trying to calm nerves, settle the unrest, and bring us together – he continues to stir the pot. He seems intent on shoving his arrogance in our face, and pushing the limits of every boundary. He will push, and threaten, and push and threaten, until the streets are filled with people marching in defiance and anger – pushing back against his unstable narcissism.

Then of course he will step in with authoritarianism to solve the problems and eliminate the chaos…and he will blame it all on Democrats and “woke’s” for not cooperating.

So what to do?

We can play the arm-chair quarterback blame game, but bottom line is Donald Trump won the election and will be the next President of the United States.

He won the popular vote and all 7 “battleground” states.

Republicans beat the Democrats nationally winning a majority of seats in the U.S. Senate and in the House of Representatives.

What’s next?

My initial thoughts were about the many checks and balances in place which would normally slow the actual implementation of his many threats and promises.

I’m thinking now he will frame the opposition as obstructionists, and play hard-ball like we’ve never seen before. He will force through the approval of his newly appointed unqualified ideologues, who will then take charge of our military, our top secrets, our international relations, our legal systems, and every single aspect of our government.

As to the streets filling with brown shirts and fascists, that’s something way beyond my pay grade to figure out, predict, or understand. All I can think of is “lucky we live Hawaii”.

Think global and acting local. That’s my strategy for maintaining some semblance of sanity and a moving forward plan – and am hoping our Governor, State Legislature and County Council’s – will do the same.

We must fight back against what’s currently unfolding in Washington DC by doubling down on our local efforts, impacting our local communities.

When our new president removes federal environmental protections, and reduces support for public education – we must increase those protections and expand support at the state level. When he attacks already marginalized communities, and cuts important government services, we must push back hard and defend our community and our values.

We must also focus immediately on the most important “disaster preparedness” issue facing our islands.

The time is now, more than ever before, to get serious about food and energy self-sufficiency.

Growing our own food will expand and diversify our economy, improve our health, preserve valuable open space, and is the best insurance possible to protect us against shipping disruptions and a world gone crazy.

Increasing tax incentives for roof-top solar energy production is an obvious essential action that also must be taken now.

If we’re wrong about the future under Trump (and I hope we are), then that’s ok. After-all, achieving energy and food independence, improving public education, supporting environmental protection, and treating all communities with respect and aloha — have no down-side.

Gary L. Hooser (https://www.garyhooser.com/about)
Former State Senator, Majority Leader, Councilmember – Continuing along this life path as a son, husband, father, grandfather, brother, uncle, and friend

Senator Brian Schatz (who was a co-sponsor) and Senator Mazie Hirono both stood tall with Senator Bernie Sanders and 15 other U.S. Senators, voting YES in support of a Joint Resolution of Disapproval to block the sale of over $20 billion in offensive U.S. weaponry to Israel (which I wrote about in my previous mass email) (https://mailchi.mp/312f6f4745de/a-request-for-help-5233644) . While the Resolution did not garner the votes needed to pass (Newsweek) https://www.newsweek.com/sanders-resolution-block-arms-sale-israel-struck-down-1989047, we should/must honor our two Hawai’i Senators for their support of this important measure.

PLEASE MAHALO THEM TODAY – certainly before the end of the day on Monday 11/25!
Senator Brian Schatz https://www.schatz.senate.gov/contact/share-your-thoughts – (808)-523-2061, Senator Mazie Hirono https://www.hirono.senate.gov/contact/email-me-about-an-issue – (808) 522-8970.

It’s important we acknowledge our elected officials directly by email and telephone when they vote the right way, especially on tough sometimes highly controversial issues. Too often we spend our energy only on encouraging them to vote one way or another, or berating them for voting the wrong way. Please, help out today by sending them a short note and/or making that brief telephone call to tell them “thank you”.

Please also give a big mahalo to Representative Jill Tokuda https://tokuda.house.gov/contact – (808) 746-6220 who voted NO in opposition to the Stop Terror-Financing and Tax Penalties on American Hostages Act.

According to an article in the Associated Press “The U.S. House passed legislation Thursday that would give the Treasury Department unilateral authority to strip the tax-exempt status of nonprofits it claims support terrorism, alarming civil liberties groups about how a second Trump presidency could invoke it to punish political opponents.”

The bill passed 219-184, with the majority of the support coming from Republicans and a few Democrats including unfortunately a YES vote from Hawai’i Representative Ed Case https://case.house.gov/contact/ – (808) 650-6688

Congratulations to former Councilmember Arryl Kaneshiro and our brand new Councilmember Fern Anuenue Holland, both of whom recently won election to the Kaua`i County Council.

They will be joining the reelected incumbent Councilmembers Mel Rapozo (Chair), Kipukai Kualii (Vice Chair), Bernard Carvalho, Addison Bulosan, and Felicia Cowden.

Outgoing Councilmember’s Ross Kagawa and Bill DeCosta should be thanked for their service. Losing an election is hard but Kaua`i voters have chosen – been there, done that.

There’re many paths to service and no doubt both gentleman will continue to help and assist our community during these challenging times.

Of course I’m thrilled to see Councilmember-elect Holland win a seat at the table. This was her third attempt at running for public office and her win is a testament to the value of perseverance.

We all know the adage, “If at first you don’t succeed, try, try again.”

I call it the Rocky Balboa school of success. You get knocked down, you get back up, you get back in the ring, and eventually you win.

Now the hard work of actually serving in office begins.

There’s no shortage of challenges facing our County, and my hope is that both individuals will seek to be the change-makers we need.

We have a perennial crisis in the area of solid waste disposal. Our landfill’s at capacity and a County curb-side recycling program is long overdue. The Council should audit our existing County recycling programs to determine if items are actually being recycled, fix any gaps or inadequacies…and then expand to a true and robust curbside recycling program.

Supporting local farmers producing food for local consumption must become a top County priority. We’re living in increasingly uncertain times. Disaster preparedness starts with food self-sufficiency.

Affordable housing is non-existent yet we have thousands of additional dwelling units (ADU’s) waiting in the wings with nothing to stop their construction except the lack of adequate sewer facilities.

The County must take the initiative to expand sewer capacity in existing urban areas. Build it and the ADU’s will come – constructed in existing urban areas, near job centers, schools, shopping, and public facilities.

Waste, fraud, and abuse, is present in every large organization – public and private.

In a political environment, investigating County operations to root out such activity is challenging at best. Some would say in a small town where everyone knows everyone, or literally related to everyone, it’s impossible.

The answer is a politically independent office of the auditor that conducts regular “performance audits” in addition to financial audits.

Our County Charter says, “There is established within the legislative branch an office of the county auditor…appointed by the county council…to conduct or cause to be conducted…performance and financial audits of the funds, programs, and operations of any agency or operation of the county, as determined by the county auditor…”

Yet the Council has not complied with the Charter. Yes, they order and conduct occasional audits, but they’ve not complied with the Charter by establishing a permanent and politically independent, office of the auditor.

The Charter is the foundational law of County government. Whatever roadblocks stand in the way, be it salary or other recruiting challenges, must be addressed by the Council and the Charter followed.

Our community deserves and needs a Council that’s pro-active. Maintaining the status quo, avoiding tough decisions, and simply holding space at the table – will only result in our existing challenges getting worse.

The 7 members recently elected have the skills, experience, and talent to do the job – they just need the political will.

I’m thinking, wishing, and hoping, the voices of Kaneshiro and Holland will add a new dynamic and new energy – and the result will be action.

If you agree, please reach out to all of 7 Kaua`i Councilmembers and encourage them to move forward in 2025 to establish curbside recycling (with audit), increase support for local food production, aggressively expand our sewer capacity, and to yes – follow the County Charter.

By Gary Hooser, first published on 11/20/24 in The Garden Island newspaper

A few days ago, I was speaking with a friend who suggested the State legislature or County Council involvement in passing “Resolutions” dealing with international affairs such as a ceasefire in Gaza, was a waste of time.

Why encourage people to testify on something that neither the State or County government had any control over? Why “expose” legislators to negative political repercussions on an issue not within their power or jurisdiction?

Passing a Resolution will do nothing to help achieve peace or a cease-fire they said.

So why bother?

My response was short and to the point.

Why do people stand on the street holding signs promoting issues? Why do they march? Why write letters to the editor? Why do legislators sometimes show up on picket lines in support of labor unions? Why do legislators hold press conferences on issues?

The answer of course is because every voice matters and the voice given to an issue by a formal Council or Legislative Resolution is worth thousands of individual letters, statements, signs and petition signatures.

All voices, matter. Individually they are important. Collectively they are unstoppable.

Note to readers: In addition to The Garden Island Newspaper, I also write a regularly for the Hawai’i
Filipino Chronicle. Below is my most recent column written especially for their anniversary edition.

Title: Our Voice Is Our Power – Let’s Use It

During my 30 years of work in politics and policy, it’s become undeniably clear that our voice is the most powerful tool in our tool box.

We can and we should vote, of course, but speaking out on issues, and letting the world know our thoughts, feelings, goals, and hopes – is the most important tool for change that we have.

Unfortunately the world of mass media has become a morass of content, with opinions too often disguised as facts, and marketed as “click bait” designed to sell advertising.

Mahalo to the Hawai’i Filipino Chronicle for the valuable role they play in helping to amplify the many local voices of change that might otherwise go unheard. By providing a straight-forward community based forum for coherent voices to tell their own personal stories – our world is a better place.

Telling stories and voicing opinions allows the writer to publicly “come out” on issues and values. Often when one person “comes out”, it gives confidence to others to do the same on perhaps an issue they might otherwise feel is too controversial or that they are in the minority on, and thus they are hesitant to speak about.

The issue could be about the tragedy occurring in Gaza, or the right for workers to be paid a living wage, or medicare for all, or that affordable housing is a basic right, or a woman’s right to choose, or yes…LGBTQ rights.

The bottom line is when one person begins to speak and write on issues, values, opinions, and goals – others are motivated to do the same.

When people start talking out loud about these issues, then others are empowered also to join in the conversation, and soon “policy-makers” hear the chorus and start pushing policy in the direction of the conversation.

This is how the tide of public policy shifts from one position to another.

Our Council-members, Representatives, and Senators serve at the pleasure of the voters. If the voters are increasingly vocal in their support or opposition of various public policy issues/positions – the elected representatives will ultimately notice and move in the direction of the voter. This is a fact of life in electoral politics.

Those who serve in elected office love their jobs and they can remain in office only if they win the votes of residents. Thus it’s critically important that each of us continue to raise our voices in public support and in opposition to the issues important to us.

We must use all methods of communication to ensure our individual and our collective message is strong and shared widely: Letters to the editor, emails and telephone calls to elected policy-makers, direct communications with our own friends and networks, holding signs and marching with others – and yes absolutely with strong support of those media sources that provide a coherent forum for diverse opinions – like the Hawai’i Filipino Chronicle.

Please join me today in raising our voices together, united in purpose with people across the islands and in fact across the globe, in support of a world that puts people and the planet first, above greed, above corporate profits, and above ego and personal aggrandizement.

Gary Hooser

Regardless of who sits in the oval office, we must continue to beat the drums on behalf of people and the planet.

Rest. Take a breath if you must.

Now let’s get back to work.

Innocent men, women and children are dying – the madness must stop.

There are two important actions that must be taken now, before the dust settles, before the pomp and circumstance, and before our new President is installed into office.

#1) Join me in calling and emailing our Hawai’i Congressional delegation TODAY. Tell them to stop funding the killing of innocents in Gaza and through-out the mid-east and vote “YES” on Senator Bernie Sanders’ Joint Resolutions of Disapproval to block the sale of over $20 billion in offensive U.S. weaponry to Israel.

Senator Brian Schatz – (808-523-2061)
brian_schatz@schatz.senate.gov
Senator Mazie Hirono – (808) 522-8970
mazie_hirono@hirono.senate.gov
Representative Jill Tokuda – (808) 746-6220
jill.tokuda@congress.gov
Representative Ed Case – (808) 650-6688
ed.case@congress.gov

Yes, absolutely we must support Israel’s right to defend itself but we must vehemently oppose the use of U.S. weaponry and U.S. money – to support the retaliatory killing of tens of thousands of innocent civilians.

According to Reuters, the Israeli Defense Forces (IDF) have killed over 41,500 people in Gaza alone, with the majority of identified victims being women and children.

The U.S. funding of this killing must stop.

U.S. law is clear: the Foreign Assistance Act and the Arms Export Control Act (AECA) require that arms transfers must align with internationally recognized human rights, promote U.S. interests, and avoid involvement in human rights abuses. The proposed weapons sale fails all three criteria.

#2) Please also let the our congressional delegation know you oppose the extension of U.S. military leases at Makua Valley, Kahuku, Kawailoa-Poamoho and Pohakuloa Training Areas AND ask them stop the bombing of Ka’ula which is just 23 miles southwest of Kaua`i County.

The U.S. has the largest military force on the planet. Here in Hawai’i we must lead by telling them – enough already.

As of September 2022, there were approximately 750 U.S. military bases with active-duty troops stationed across 178 countries. – In 2022 the U.S. spent $877 billion on defense/war – spending more than China, Russia, India, Saudi Arabia, the U.K., Germany, France, South Korea, Japan, and Ukraine combined. http://www.globalaffairs.org

The United States is the largest provider of weapons, has more troops, stationed in more bases, in more countries, than anyone else on the planet.

Do our U.S. Senators and Representatives support or oppose the continued U.S. funding of Israel’s military offensive operations and the IDF’s indiscriminate killing of civilians?

Do they support or oppose extending military leases at Makua Valley, Kahuku, Kawailoa-Poamoho and Pohakuloa Training Areas AND the bombing of Ka’ula?

Fair questions that deserve honest answers.

Readers – please help me out on this. Our combined energy, phone calls, and email – can make a difference.

President Dwight D. Eisenhower’s farewell address of January 17, 1961 – rings more true today than ever.

“Now this conjunction of an immense military establishment and a large arms industry is new in the American experience. The total influence—economic, political, even spiritual—is felt in every city, every Statehouse, every office of the Federal government…

“We must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex…

“Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together…”

Losing sucks, but please don’t blame the voters.

You lost, and you should take responsibility for that loss – no one else.

Having been a candidate myself in 11 different campaigns – I know first-hand how much it sucks to lose.

In 1994 in my very first campaign for election for one of seven seats on the Kauaʻi County Council I finished #10. For you history buffs, #1 was the beloved Kaipo Asing, #2 was Randal Valenciano (now Chief Judge of the Fifth Circuit), #3 Maxine Correa (retired), and #4 Ronald Kouchi (now Senate President).

I’ll never forget that election evening. Our campaign hosted a gathering of friends and campaign volunteers who gathered anxiously around the radio, awaiting KONG’s Ron Wiley to tell the world who the winners would be.

After the second print-out showed clearly that I was not going to be among those winners, my campaign manager and totally awesome friend Dave said to me, “Gary, they lied to us. If they were telling us the truth, you would have won.”

Dave spoke of the thousands of people we had met going door-to-door in just about every neighborhood on the island. Everywhere we went, people would smile and shake our hands, and say nice things to me and about me.

At first I shared Dave’s feeling of betrayal, but soon realized these were just nice people saying nice things – and the responsibility for losing was mine, not theirs.

That night, after the final print-out, I remember going out to my car and taking the bumper stickers off. That’s how sad and dejected the feeling was.

But the next morning I went out to the car again, put new bumper stickers back on, held my head high and stood with my “Mahalo” sign on the highway at sunrise.

Including that first foray into politics in 1994, I’ve run 11 campaigns for election to public office, winning 7 and losing 4.

Trust me on this. Winning is so much more fun than not winning.

Losing means a majority of voters prefer your opponent over you, and that my friends is a difficult pill to swallow. But that’s the bottom line.

Candidates lose elections because they fail to inspire, convince, or motivate voters to show up and vote for them. That’s why Kamala Harris lost, that’s why I lost those 4 races, and that’s why every single candidate loses.

Money of course plays a huge role and SuperPac’s are always a convenient place to lay the blame. But in the presidential race there was big money in play on both sides. Nope it wasn’t money that beat Kamala Harris, but rather her failure to inspire and motivate a majority of voters.

Locally, the “blame the money game” is less credible because the districts are generally small enough to walk, and knock, and benefit from that all important “direct voter contact”.

The majority of local candidates who lose, more often than not, fail to actually run a “real” campaign.

They avoid the hard work of going door-to-door, they hesitate to ask people for help and for campaign donations, and they remain in their own safe circle of demographics surrounded by people just like themselves. When they do attend political forums or speak directly to voters, they talk about their own favorite issues instead of what’s important to the people who live in the district.

Then they lose and start the blame game. They blame the political parties, they blame the special interests, they blame the media, and they blame and denigrate the voters.

Kudo’s to those candidates who take responsibility and resist seeking someone else to blame. I wish you well and encourage you to build upon this experience, and try again in the future.

Note to those that are curious:
Here are the results of the 11 elections that I have been part of…7 wins and 4 not wins 😉

1994 Kauaʻi County Council – lost in Democratic (before it turned nonpartisan) Primary finishing #10

1998 Kauaʻi County Council – won #5 in Primary and #5 in General

2000 Kauaʻi County Council – won #4 in General

2002 Kauaʻi State Senate – Challenged incumbent Democrat Jonathan Chun and won in Primary and won in General (minor Republican opponent)

2004 Kauaʻi State Senate won in Primary and won General against challenger, former Kauaʻi Mayor Marryanne Kusaka

2006 U.S. Congress 2nd District lost in Primary
Note…Mazie Hirono now U.S. Senator won this Primary with less than 21% of the vote.

HIRONO, Mazie K. 24,487 20.7%
HANABUSA, Colleen 23,643 20.0%
MATSUNAGA, Matt 16,001 13.5%
HEE, Clayton 12,649 10.7%
HOOSER, Gary L. 10,730 9.1%
SCHATZ, Brian 8,254 7.0%
MENOR, Ron 8,030 6.8%
GARCIA, Nestor R. 4,479 3.8%
AIPOALANI, Hanalei Y. 2,688 2.3%
ZUIKER, Joe 1,174 1.0%

2008 Kauaʻi State Senate won in Primary and won General no strong/serious challenger

2010 Lieutenant Governor lost in Primary

SCHATZ, Brian 83,476 34.8%
BUNDA, Robert (Bobby) 45,986 19.2%
SAKAMOTO, Norman 44,488 18.5%
HOOSER, Gary L. 22,890 9.5%
BERG, Lyla B. 20,183 8.4%
KARAMATSU, Jon Riki 6,746 2.8%
HIRAKAMI, Steve 2,695 1.1%

2012 Kauaʻi County Council – won #6 in Primary and #7 in General

2014 Kauaʻi County Council – won #6 in Primary and #7 in General

2016 Kauaʻi County Council – lost #9 in Primary and #9 in General

Gary Hooser
former Hawai’i State Senator, Majority Leader
former Kauaʻi County Councilmember
now retired but continuing to serve, and doing what I can to help make our community a better place
First published in The Garden Island newspaper “Policy and Politics”

* NOTE this post has been edited to clarify the impact of this new law’s impact on agricultural land – the law’s primary legislative advocate has informed me repeatedly that agricultural zoned lands will not be impacted at all.

***Important heads-up to Kauai residents and land use attorneys – November 12 Planning Commission meeting

The below is important…but way down in the public policy, land-use, legal weeds…and it’s Kauai specific.

I’ll cut to the chase…my hope is that a friendly land-use attorney will challenge Act 39 which shifts specific subdivision powers away from the Kauai Planning Commission (and away from public input, public hearings, and public over-site) and grants that power to a single individual – the Kauai Planning Director.
.
On the upcoming November 12 Kauai Planning Commission agenda are many important items, one of which is:

Item #4 New Public Hearings

a. Amendment of Administrative Rules which details the applicability of Act 39 of the Thirty-Second Legislature of the State of Hawaii, Regular Session of 2024 that grants administrative authority to the Planning Director to review and act on subdivision applications for residential-zoned properties.

Note: What item #4 refers to in regular human speak –

The Kauai Planning Director is proposing the rules of subdivision approval be changed to facilitate the taking away power from the Kauai Planning Commission and giving that power to the Kauai Planning Director – because of a new law recently passed by the legislature.

This new law known as Act 39 taking away certain subdivision powers from the Kauai Planning Commission and giving it to the Kauai Planning Director was introduced and passed as SB3202 and supported by the Kauai Planning Director and by all 4 Kauai’s state legislators. It was passed into law without the input of the Kauai Planning Commission, nor was the Planning Commission ever formally informed of the implications, nor was their opinion ever requested, nor were any public hearings on this aspect of the measure ever held.

Further important note: Review and approval by the Kauai Planning Director does not require that public hearings be held, nor that the decision be made via a public process. The Sunshine Law does not apply to the Kauai Planning Director but only to the Kauai Planning Commission.

The Kauai County Charter specifically grants the power to approve subdivisions to the Kauai Planning Commission, NOT to the Kauai Planning Director. This new State law, supported by all 4 Kauai state legislators, and the Kauai Planning Director, and passed without input of the Kauai Planning Commission – supersedes and over-rides the Kauai County Charter (at least that’s what they are telling us).

The proposal does includes numerous “exceptions” to the new subdivision approval power granted to the Kauai Planning Director pertaining to flood plains, historical sites, and others including parcels designated as “important agricultural lands pursuant to part III of chapter 205”.

It’s also important to note that on Kauai the total amount of land zoned for agricultural use is 65,536 acres and the total that has been designated as important agricultural lands pursuant to part III of chapter 205 otherwise known as IAL lands – is only 37,410 acres.

Consequently 28,126 acres of agricultural land on Kauai are NOT specifically exempted in the law or in the proposed rules from the provisions of Act 39.

HOWEVER the new law’s primary advocate Representative Luke Evslin has emphatically reassured me that no agricultural zoned land will be impacted by this new law – period.

It’s unfortunate that in the law itself, and in the Planning Commission documents that present the proposed rules governing this new law only IAL lands are specifically named as being exempt instead stating all lands zoned agriculture are exempt – if that is indeed the case.

I’m checking with my attorney friends to confirm.

The entire Act 39 is here: https://www.capitol.hawaii.gov/sessions/session2024/bills/SB3202_CD1_.HTM

The exact language of the section of Act 39 impacting the Planning Directors new power states:
(g) Notwithstanding any other law, county charter, county ordinance, or rule, any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district designated pursuant to section 205-2 shall be vested with the director of the county agency responsible for land use or a single county officer designated by ordinance; provided that:

(1) The parcel of land being subdivided is not located on a site that is:

(A) Designated as important agricultural land pursuant to part III of chapter 205;

(B) On wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2;

(C) Within a floodplain as determined by maps adopted by the Federal Emergency Management Agency;

(D) A habitat for protected or endangered species;

(E) Within a state historic district:

(i) Listed on the Hawaii register of historic places or national register of historic places;

(ii) Listed as a historic property on the Hawaii register of historic places or the national register of historic places; or

(iii) During the period after a nomination for listing on the Hawaii register of historic places or national register of historic places is submitted to the department of land and natural resource’s state historic preservation division and before the Hawaii historic places review board has rendered a decision; or

(F) Within lava zone 1 or lava zone 2, as designated by the United States Geological Survey;

(2) Any approval under this subsection shall be consistent with all county zoning, development standards, and requirements pursuant to part II of chapter 205A; and

(3) This subsection shall not apply to county powers within special management areas delineated pursuant to part II of chapter 205A.

Neither this subsection, any permit issued in accordance with this subsection, or structures developed pursuant to this subsection shall create any vested rights for any applicant, permit holder, or land owner.”

Excellent maps and breakdown of agricultural land use is here (see page 24 for Kauai) https://hdoa.hawaii.gov/wp-content/uploads/2021/04/2020_Update_Ag_Baseline_Oahu_Hawaii_Kauai_v3.pdf

Maps showing IAL lands on all islands: https://luc.hawaii.gov/maps/important-agricultural-lands-ial-maps/

Total Acreage Designated Important Agricultural Lands – by Island https://hdoa.hawaii.gov/wp-content/uploads/2022/03/IAL-voluntary-summary-updated-9-4-20.pdf

An official description of exceptions and other aspects of the proposed new administrative rules is here:

Click to access 2024-11-12-pc-agenda-packet-with-h.1.pdf

The entire Kauai Planning Commission Agenda is here: https://www.kauai.gov/files/assets/public/v/1/boards-and-commissions/planning-commission/planning-commission-meeting-agendas/2024-11-12-pc-agenda.pdf

No matter what happens in Washington D.C. in the coming days, here in Hawai’i we need to take a deep breath and turn our focus immediately toward local issues.

We may not be able to personally and directly impact national or global decision-making, but we can without a doubt make a difference here at home.

And that process begins today.

Very soon the House and Senate will “organize” and agree on who will sit in key leadership positions and who will chair the various legislative committees during the coming 2025/2026 biennium.

Kauaʻi Representative Nadine Nakamura has already been named as the incoming Speaker of the House – https://www.civilbeat.org/2024/11/legislators-to-name-1st-female-house-speaker-in-hawaii-history/

They’ll also be discussing and agreeing upon the House/Senate “internal rules”. These rules govern how power is disbursed among legislators and the manner in which bills are introduced, scheduled, amended, debated, and voted upon.

These rules are critically important. Citizen advocates and legislators alike should take the time to study and know the rules – see https://www.capitol.hawaii.gov/docs/HouseRules.pdf and https://www.capitol.hawaii.gov/docs/SenateRules.pdf

While digging into the weeds and reading the rules sounds tedious and boring (and it is), it’s essential to understand “how it really works” (and a bit disgusting once you find out).

For example, the rules as written today allow the Committee Chair the power to “kill bills” (public policy initiatives), without a hearing, without public debate, and without a vote by the committee. This practice which allows the killing of bills in the dark, and behind closed doors, is inherently corrupt.

At the present time, Bills are sometimes amended verbally, without public notice, and even after the vote has already been taken. This practice must stop.

The rules also allow every single bill to be referred to the House Finance Committee or in the Senate, the Committee on Ways and Means – thus giving the “money-chairs” total control. The “money-chair” can kill a bill without granting it a hearing or a vote, even if it has passed through every other committee, and even if there’s no money involved whatsoever.

Suffice it to say, the existing House/Senate rules need a serious overhaul.

Fortunately there’s ongoing discussion among some Representatives in the House to make the changes needed.

We can all help by letting our own District Representative and Senator know the status quo is unacceptable, and rule changes are long overdue.

Scroll down to see my sample email

Kauaʻi residents, please take a moment and email TODAY –

Senate President Ronald Kouchi senkouchi@capitol.hawaii.gov
Incoming House Speaker Nadine Nakamura (North Shore to Wailua Houselots) repnakamura@capitol.hawaii.gov
Representative Luke Evslin (Wailua Homesteads to Puhi) repevslin@capitol.hawaii.gov
Representative Dee Morikawa ‘Ōma’o to Kekaha repmorikawa@capitol.hawaii.gov

As always, keep all communications brief, polite and professional.

If you agree that the rules need to be changed, first and foremost Kauaʻi residents please let the above 4 key legislators know.

To residents on every island – please contact your district Representative and Senator know as well how you feel about this issue.

All House Members contact: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=H
All Senators contact: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=S

Next, ask them to help make it happen by amending the rules to:

Revoke the power of Committee Chairs to kill Bills without a public hearing or a public vote.

Require all Bill amendments be presented publicly in writing and in advance.

Allow the referral of Bills to the Finance or WAM Committee only when there’s a direct and tangible impact on the State budget.

The above rule changes are not complicated and do not require a “year-round legislative session”. Colorado, North Dakota, and New Hampshire presently require every bill to have a public hearing. None of these 3 states have a “year-round legislative session”.

My hope is that Kauaʻi residents especially will send our legislators a simple email now, expressing strong support for these changes – and that our 3 Representatives and Senator will listen and act accordingly.

To be absolutely clear – every State Representative and every State Senator needs to hear this message. A sample of which is below:

Dear Representative Evslin,
Congratulations on your recent election win and mahalo for your service to Kauaʻi.

I’m writing today requesting that you read this Civil Beat story and take steps to change the internal rules of the House of Representatives to fix the problems: What A Lahaina Advocate Learned At The Legislature This Year – https://www.civilbeat.org/2024/10/what-a-lahaina-advocate-learned-at-the-legislature-this-year/

Thank you in advance for your help in making the changes needed to correct the present situation which I believe is inherently corrupt.

Thank you also for confirming receipt of this email and letting me know your position on this important issue. Do you support changing the House Rules to address the issues raised by Maui resident Paele Kiakona?

Sincerely,

Gary Hooser
Resident
Wailua Homesteads.

Last night I received a text from a friend asking “Is your dad ok?”.

Of course he’s ok. We are all ok. Are we disappointed. Saddened. Even horrified. Short answer is yes.

Of course we are. Does that change who we are?

No. Of course not. If anything it strengthens our resolve and determination to advocate for the wronged and injustices that are happening. To resist cruelty, racism. Create space for individuals to be who they want to be. Support people fleeing from atrocities happening in their home countries. To be there for the under voiced minorities.

It is time to hold our loved ones take a breath, remember what we love, then rally stronger then we have before.

We live in a democracy. This is what happens. People enter a race in where one person wins. Does not mean we hide and cry in shame that we lost.

No. In fact hell no. We organize. Regroup and work harder. Because if we stop. If we give up. Then we lose.

Vice president Kamala Harris tried her best. Trump did better. That doesn’t change who we are or the morals and values we hold dear to our hearts.

“It’s easy to stand in the crowd but it takes courage to stand alone.”

“Our greatest ability as humans is not to change the world, but to change ourselves.”
Mahatma Gandhi

Written and posted on FaceBook by Dylan Hooser 11/06/24

Below photo of Dylan Hooser diving with the sharks.