Important Property Tax proposal on November 4 Kauai Council Agenda

Posted on October 31, 2015 by garyhooser

Important Property Tax proposal on November 4 Kauai Council Agenda

I have introduced the following measure and need your help today in spreading the word to home owners and renters through-out Kauai County.

Proposed Draft Bill (No. 2606) – A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, ARTICLE 9, KAUA‘I COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW SECTION 5A-9.3, RELATING TO A HOMESTEAD TAX CAP FOR HOME EXEMPTION AND LONG TERM AFFORDABLE RENTAL PROPERTIES

Your testimony counciltestimony@kauai.gov in support is needed and important:

The entire text of the proposed Bill is here: http://kauai.granicus.com/MetaViewer.php?view_id=&event_id=449&meta_id=95412

In short if passed into law, this measure would limit property tax increases for owner occupied homes (Homestead Exemption) and those properties rented long term at affordable rental rates.  If passed any future tax increase would be limited to no more than the most recent actual cost of living increase as reflected by the Consumer Price Index.

To be clear this proposed property tax CAP only applies to homes in which the owner lives in the house full time and/or those properties who have been certified as long term rentals at affordable rental rates. Hotels, vacation rentals, businesses, and other “market rentals” or vacant “investment properties” would not be capped.

Rationale:

  1. In recent years and for a variety of reasons, property taxes on Kauai for many residents have fluctuated widely with many homeowners incurring very large and unexpected increases.
  2. With increasing property values, increasing costs of county government and the present and recent “deficit spending” nature of County government spending (caused in large part by the rapid expansion of various county services combined with the elimination of the State Transient Accommodation Tax (TAT) income to the County) – the likelihood of future increases in property taxes is great.  Dealing with the spending side of this equation is an entirely different conversation that needs to happen as well.
  3. Homeowners who reside on their property and those that rent at truly affordable rental rates have no way in which it “pass on” the cost of property tax increases.  Large unexpected fluctuations can have severe adverse impacts, especially to those on fixed incomes.  Hotels, businesses and others have the opportunity to “pass on the additional cost to the consumer” while home owners residing in their own home do not.
  4. While homeowners have an obligation to help pay for County services and while the cost of County services continue to increase, the obligation of existing homeowners should be to support only normal cost of living increases and not be forced to support additional increases in the cost and expansion of county government.
  5. It is the nature of property tax “caps” that over time they result in wide disparities between those property owners benefiting from the CAP in its early years and those property owners purchasing property at later dates.  Kauai had a CAP in place which was recently removed in order to eliminate those disparities and “reset” the tax structure in a more equitable fashion.  While I supported the removal of that CAP and the resulting property tax “reset”, it is clear that a new CAP needs to be put into place again to protect homeowners and those properties that are rented at long term affordable rates.

Please submit your testimony today and prior to 8:30am on November 4 at: counciltestimony@kauai.gov

Please indicate clearly in the subject line: Proposed Draft Bill (No. 2606) and your support measure (or opposition if that is the case).  Please in the body of the email explain at least briefly your reasons and/or how the current property tax structure impacts you personally.

Thank you for being involved in the process.  Passage of this measure will require strong community support as the current majority will likely resist its passage and argue instead for a “comprehensive review” of the entire tax structure.  Many on the Council have been saying this for the past two years, yet nothing has been done.  I agree and support a comprehensive review, but in the meantime we need to CAP at a reasonable level increases to those that live in their homes and rent at affordable rates.

Entire Agenda is here (yes it also includes the “barking dog Bill as well): http://www.kauai.gov/Portals/0/Council/Agenda/council/November%204,%202015%20Council%20Meeting.pdf?ver=2015-10-29-095128-057

 

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An almost complete history of Bill No. 2491, its path through the Kauai County Council legislative process – Regulating Pesticide Use and GMO Disclosure. Includes a collection of video and media source documents.

Posted on October 24, 2015 by garyhooser

An almost complete history of Bill No. 2491, its path through the Kauai County Council legislative process – Regulating Pesticide Use and GMO Disclosure.  Includes a collection of video and media source documents.

Prepared by Councilmember Gary L. Hooser

06/26/2013 C 2013-234 was received for the record.

Transmittal: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1039&meta_id=46561

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/06-26-13_cn_mtg_agenda.pdf?ver=2015-04-20-092535-283

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/6-26_cn_mtg.pdf?ver=2015-04-20-124054-130

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1039

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1040

06/26/2013 Proposed Draft Bill (No. 2491) was passed on 1st reading, public hearing scheduled for 07/31/2013, and referred to the Economic Development & Intergovernmental Relations Committee

Proposed Draft Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1039&meta_id=46598

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/06-26-13_cn_mtg_agenda.pdf?ver=2015-04-20-092535-283

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/6-26_cn_mtg.pdf?ver=2015-04-20-124054-130

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1039

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1040

07/31/2013 Public Hearing for Bill No. 2491

Notice: http://www.kauai.gov/Portals/0/Council/Agenda/notices/ph_2491.pdf?ver=2015-04-20-102748-570

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Public%20Hearing%20Minutes/7-31_PH_BILL_2491_MIN.pdf?ver=2015-04-20-132224-943

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1077

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1081

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1102

08/05/2013 Committee Meeting; Bill No. 2491 was deferred to the 09/09/2013 Committee Meeting

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1085&meta_id=49075

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/committee/8-5-13_SP_CM_MTG%20readable.pdf?ver=2015-04-20-095143-193

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Committee%20Minutes/8-5_APP_EDR_MIN.pdf?ver=2015-04-20-121138-060

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1085

09/09/2013 Committee Meeting; Bill No. 2491 was deferred to the 09/27/2013 Committee Meeting

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1085&meta_id=49075

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/committee/09-09-13_sp_cm_meeting_agenda%202.pdf?ver=2015-04-20-095143-233

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Committee%20Minutes/090913_ERD_MINUTES.pdf?ver=2015-04-20-114830-117

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1116

09/27/2013 Committee Meeting; Bill No. 2491 was recommended for approval as amended to Bill No. 2491, Draft 1, on second and final reading

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1085&meta_id=49075

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/committee/9-27-13_sp_committee_agenda.pdf?ver=2015-04-20-095143-543

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Committee%20Minutes/APP_MIN_9-27_EDR.pdf?ver=2015-04-20-121408-097

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1134

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1199

Committee Report: https://drive.google.com/file/d/0B43mvAFMJQpcQ2FpRFNFVXZtU0U/view?usp=sharing

10/08/2013 Special Council Meeting; Bill No. 2491, Draft 1; Meeting was recessed; this item was not taken up until 10/15/2013

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1144&meta_id=53784

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/10-08-13_agenda%20morning%20sessin.pdf?ver=2015-04-20-101200-313

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/10-08-13_10-15-13_sp_cn_mtg_min.pdf?ver=2015-04-20-123005-400

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1144

10/15/2013 Continued (10/08/2013) Special Council Meeting; Bill No. 2491, Draft 1 was amended to Bill No. 2491, Draft 2 and adopted on second and final reading

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1150&meta_id=54445

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/cont._sp_cn_mtg_agenda_for_10-15-13.pdf?ver=2015-04-20-101934-117

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/10-08-13_10-15-13_sp_cn_mtg_min.pdf?ver=2015-04-20-123005-400

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1150

11/07/2013 Special Council Meeting; C 2013-363 was received for the record; transmittal of Mayoral veto

Transmittal: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1209&meta_id=55714

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/11-07-13_SP_CN_MTG%20readable.pdf?ver=2015-04-20-101349-570

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/11-07-13_sp_cn_mtg_min.pdf?ver=2015-04-20-123142-040

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1209

11/07/2013 Special Council Meeting; Bill No. 2491, Draft 2; Mayoral Veto Laid on Table

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1209&meta_id=55717

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/11-07-13_SP_CN_MTG%20readable.pdf?ver=2015-04-20-101349-570

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/11-07-13_sp_cn_mtg_min.pdf?ver=2015-04-20-123142-040

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1209

11/14/2013 Special Council Meeting; Bill No. 2491, Draft 2; Meeting was recessed; action not taken until 11/16/2013

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1216&meta_id=56496

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/11-14-13_Special_Council_Meeting.pdf?ver=2015-04-20-101349-580

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/11-14-13-11-16-13spcnmtgmin.pdf?ver=2015-04-20-123142-897

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1216

11/16/2013 Continued (11/14/2013) Special Council Meeting; Bill No. 2491, Draft 2; Motion to override the Mayoral veto and approve Bill No. 2491, Draft 2 was approved 

Bill: http://kauai.granicus.com/MetaViewer.php?view_id=2&clip_id=1219&meta_id=56611

Agenda: http://www.kauai.gov/Portals/0/Council/Agenda/council/11-16-13_continued_sp_cn_mtg_agenda.pdf?ver=2015-04-20-101349-703

Minutes: http://www.kauai.gov/Portals/0/Council/Documents/Council%20Minutes/11-14-13-11-16-13spcnmtgmin.pdf?ver=2015-04-20-123142-897

Video: http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=1219

11/16/2013 Ordinance No. 960

Ordinance: https://drive.google.com/file/d/0B43mvAFMJQpcV0Q1VmozZllfNnM/view?usp=sharing

08/25/2014 Ordinance No. 960 (Court Ruled Invalid)

Notice: https://drive.google.com/file/d/0B43mvAFMJQpcZG1IaF9zUHd1b28/view?usp=sharing

PARTIAL COLLECTION OF GOOD VIDEO RESOURCES

10 minute interview “Why Bill 2491, an interview with Councilmember Gary Hooser (August 12, 2013):  https://www.youtube.com/watch?v=PbkobSufGPY

KAUAI Mana March through Lihue September 8, 2013:  Nice 3 minute overview of March:    https://www.youtube.com/watch?v=O7q8xawktJo

Short clip of gathering at Historical County building: https://www.youtube.com/watch?v=bqxUH5Fg3k0

Collection of speeches from march: https://www.youtube.com/watch?v=QDPuKeJeWLA

If you are not familiar with Gary Hooser’s personal and professional background or with the background concerning Bill 2491 and Kauai’s battle against the 4 largest chemical companies in the world, you might find this 16 minute video interesting and informative (June 2014):      http://tinyurl.com/qff9tlr

A high quality 4 minute video of history of the movement in Hawaii (April 2015): https://vimeo.com/125756488

Gary Hooser speaking at the Syngenta Shareholders Meeting in Basel Switzerland: “Withdraw Your Lawsuit Against County of Kaua`i!” (April 2015):  https://www.youtube.com/watch?v=e0zz7cV_Qe8

Excellent high quality 23 minute video (July 2015) : ʻĀINA “That Which Feeds Us”    https://vimeo.com/130279788

Below is a “local media time-line” containing the majority of the news articles published on Bill 2491 and related issues by The Garden Island Newspaper, as well as some articles published in Civil Beat.  There are uncountable other news reports from other media in Hawaii, nationally and internationally that I will attempt to document at a future point in time.  Please suggest in the comment section any other news accounts that were written during the passage of 2491 or that are directly relevant to the Bill/Law and its past or present status.

June 21, 2013 – The Garden Island Newspaper ‘Hooser introduces GMO bill’ http://thegardenisland.com/news/local/govt-and-politics/hooser-introduces-gmo-bill/article_b86ae096-da42-11e2-a764-0019bb2963f4.html

June 26, 2013 – The Garden Island Newspaper ‘Council to hear GMO bill today’ http://thegardenisland.com/news/local/council-to-hear-gmo-bill-today/article_df48952e-de24-11e2-80c5-0019bb2963f4.html

June 27, 2013 – The Garden Island Newspaper ‘GMO bill draws split crowd’  http://thegardenisland.com/news/local/gmo-bill-draws-split-crowd/article_675cc33c-def1-11e2-83e7-0019bb2963f4.html

June 28, 2013 – The Garden Island Newspaper ‘GMO bill clears first reading’ http://thegardenisland.com/news/local/govt-and-politics/gmo-bill-clears-first-reading/article_3e7fc7a8-df6d-11e2-8a96-0019bb2963f4.html

July 14, 2013 – The Garden Island Newspaper ‘Attorney: Pesticides at WCMS violate federal law’ http://thegardenisland.com/news/local/attorney-pesticides-at-wcms-violates-federal-law/article_c8a4e728-ec48-11e2-8bc7-0019bb2963f4.html

July 17, 2013 – The Garden Island Newspaper ‘Hearing July 31 for bill 2491’ http://thegardenisland.com/news/local/hearing-july-for-bill/article_b110063e-ee9f-11e2-a6e6-0019bb2963f4.html

July 27, 2013 – The Garden Island Newspaper “Friends of ag launch ‘save Kauai farms’ campaign”  http://thegardenisland.com/news/local/friends-of-ag-launch-save-kauai-farms-campaign/article_d77872b6-f66f-11e2-be39-001a4bcf887a.html

August 1, 2013 – The Garden Island Newspaper ‘GMO issue heats up’ http://thegardenisland.com/news/local/gmo-issue-heats-up/article_255cf608-fa73-11e2-8139-0019bb2963f4.html

August 1, 2013 – The Garden Island Newspaper ‘Red vs Blue’ http://thegardenisland.com/news/local/red-vs-blue/article_b7c7f0de-fa72-11e2-a41e-0019bb2963f4.html

August 2, 2013 – The Garden Island Newspaper ‘GMO bill moves to committee on Monday’ http://thegardenisland.com/news/local/govt-and-politics/gmo-bill-moves-to-committee-on-monday/article_ecdbebca-fb41-11e2-b965-0019bb2963f4.html

August 6, 2013 – The Garden Island Newspaper ‘GMO bill deferred’ http://thegardenisland.com/news/local/gmo-bill-deferred/article_6ac0833e-fe62-11e2-9207-0019bb2963f4.html

August 19, 2013 – The Garden Island Newspaper ‘Attorney offers to defend county over 2491’ http://thegardenisland.com/news/local/govt-and-politics/attorney-offers-to-defend-county-over/article_d932c5ac-172b-11e3-a90c-0019bb2963f4.html

August 31, 2013 – OpEd by Gary Hooser in The Garden Island Newspaper ‘The ebb and flow of Bill 2491 – people, industry and state neglect’  http://thegardenisland.com/news/opinion/guest/the-ebb-and-flow-of-bill-people-industry-and-state/article_c97c2236-30d2-11e4-aa54-001a4bcf887a.html

September 4, 2013 – The Garden Island Newspaper ‘Massive march set for Sunday’ http://thegardenisland.com/news/local/massive-march-set-for-sunday/article_d54d86da-152c-11e3-bdd0-001a4bcf887a.html

September 5, 2013 – The Garden Island Newspaper ‘Katayama cleared for testimony’ http://thegardenisland.com/news/local/govt-and-politics/katayama-cleared-for-testimony-on/article_60af043e-15f4-11e3-a234-001a4bcf887a.html

September 6, 2013 – The Garden Island Newspaper ‘Bill 2491 goes behind closed doors’ http://thegardenisland.com/news/local/govt-and-politics/bill-goes-behind-closed-doors/article_e54b37e2-16c3-11e3-a11f-001a4bcf887a.html

September 6, 2013 – The Garden Island Newspaper ‘Crosby, Nash and guests treat Kauai’ http://thegardenisland.com/entertainment/tgif/crosby-nash-guests-treat-kauai/article_72c4dcc2-16b5-11e3-9a0a-001a4bcf887a.html

September 9, 2013 – The Garden Island Newspaper ‘Mana march draws thousands’ http://thegardenisland.com/news/local/mana-march-draws-thousands/article_04ff6c36-190b-11e3-b902-001a4bcf887a.html

September 9, 2013 – Civil Beat ‘Kauai’s passionate anti-GMO march aims to sway local biotech vote’  http://www.civilbeat.com/2013/09/19855-kauais-passionate-anti-gmo-march-aims-to-sway-local-biotech-vote/

September 10, 2013 – The Garden Island Newspaper ‘Compromise in doubt on 2491’ http://thegardenisland.com/news/local/compromise-in-doubt-on/article_bb802206-19e3-11e3-b65a-001a4bcf887a.html

September 10, 2013 – The Garden Island Newspaper ‘Floodgates open to amendments to GMO bill’ http://thegardenisland.com/news/local/flood-gates-open-to-amendments-to-gmo-bill/article_4e86b278-19e3-11e3-a7cb-001a4bcf887a.html

September 11, 2013 – The Garden Island Newspaper ‘Council defers bill 2491, again’ http://thegardenisland.com/news/local/council-defers-bill-again/article_675f717c-1aa1-11e3-b494-0019bb2963f4.html

September 19, 2013 – The Garden Island Newspaper ‘Mana march costs the county’ http://thegardenisland.com/news/local/mana-march-costs-county/article_e704f14c-20f3-11e3-8a3a-001a4bcf887a.html

September 24, 2013 – The Garden Island Newspaper ‘Governor: State not County should tackle pesticides’ http://thegardenisland.com/news/local/governor-state-not-county-should-tackle-pesticides/article_cce5e5f2-24e3-11e3-9359-001a4bcf887a.html

September 25, 2013 – The Garden Island Newspaper ‘Abercrombie stirs pesticide debate’ http://thegardenisland.com/news/local/abercrombie-stirs-pesticide-debate/article_e3a596f6-25ac-11e3-85c9-001a4bcf887a.html

September 25, 2013 – Civil Beat ‘Governor wades into Hawaii pesticide debate as Kauai poised to take action’ http://www.civilbeat.com/2013/09/19986-gov-wades-into-hawaii-pesticide-debate-as-kauai-poised-to-take-action/

September 27, 2013 – The Garden Island Newspaper ‘DOH: Kauai rates not unusual.’  http://thegardenisland.com/news/local/doh-kauai-cancer-rates-not-unusual/article_1051143a-2744-11e3-b93c-0019bb2963f4.html

September 29, 2013 – The Garden Island Newspaper ‘2491 amended’ http://thegardenisland.com/news/local/govt-and-politics/amended/article_6421cc64-288c-11e3-8593-0019bb2963f4.html

October 3, 2013 – Civil Beat ‘Local attorneys lend support to GMO and pesticides bill’ http://www.civilbeat.com/2013/10/local-attorneys-lend-support-to-kauai-gmo-and/

October 8, 2013 – The Garden Island Newspaper ‘Full Council takes on 2491’ http://thegardenisland.com/news/local/full-council-takes-on/article_f29861da-2fe2-11e3-b6db-001a4bcf887a.html

October 9, 2013 – The Garden Island Newspaper ‘Mayor calls for 2491 delay’ http://thegardenisland.com/news/local/mayor-calls-for-delay/article_215be59c-30aa-11e3-8028-0019bb2963f4.html

October 10, 2013 – The Garden Island Newspaper ‘To defer or not to defer’ http://thegardenisland.com/news/local/to-defer-or-not-to-defer/article_3e94af02-3179-11e3-b31b-001a4bcf887a.html

October 15, 2013 – Civil Beat – ‘Does Hawaii’s failure to enforce pesticide use justify action by Kauai? http://www.civilbeat.com/2013/10/20066-does-hawaiis-failure-to-enforce-pesticide-use-justify-kauais-action/

October 16, 2013 – The Garden Island Newspaper ‘Undecided’ http://thegardenisland.com/news/local/undecided/article_51100f7e-3628-11e3-8eb4-001a4bcf887a.html

October 17, 2013 – The Garden Island Newspaper ‘Passed’ http://thegardenisland.com/news/local/passed/article_0e8411ce-36f4-11e3-955f-001a4bcf887a.html

October 18, 2013 – The Garden Island Newspaper ‘Bill 2491 sent to mayor’ http://thegardenisland.com/news/local/bill-sent-to-mayor/article_3d4582d6-37c1-11e3-9543-0019bb2963f4.html

October 20, 2013 – The Garden Island Newspaper ‘Attorneys to mayor: Sign 2491’ http://thegardenisland.com/news/local/attorneys-to-mayor-sign-bill/article_51454254-394b-11e3-bd49-0019bb2963f4.html

October 20, 2013 – The Garden Island Newspaper ‘Draft spells out rules for bill 2491’ http://thegardenisland.com/news/local/govt-and-politics/draft-spells-out-rules-for-bill/article_9d471e6c-53c6-11e3-9e76-001a4bcf887a.html

October 29, 2013 – The Garden Island Newspaper ‘Deadline looms for bill 2491 decision’ http://thegardenisland.com/news/local/deadline-looms-for-bill-decision/article_b2267040-4065-11e3-b8c6-001a4bcf887a.html

October 31, 2013 – The Garden Island Newspaper ‘The Mayor Vetoes 2491’ http://thegardenisland.com/mayor-vetoes-bill/article_133781ae-4277-11e3-93f4-001a4bcf887a.html

November 1, 2013 – The Garden Island Newspaper ‘Mayor rejects bill says it’s legally flawed’ http://thegardenisland.com/news/local/govt-and-politics/mayor-rejects-bill-says-it-s-legally-flawed/article_2be98f6c-42c7-11e3-92bf-0019bb2963f4.html

November 3, 2013 – The Garden Island Newspaper ‘Mayor reportedly threatened’ http://thegardenisland.com/news/local/mayor-reportedly-threatened/article_3114887c-4450-11e3-bbdd-0019bb2963f4.html

November 5, 2013 – The Garden Island Newspaper ‘Search begins to fill new council seat’ http://thegardenisland.com/news/local/search-begins-to-fill-council-seat/article_16a717fc-45e5-11e3-b323-0019bb2963f4.html

November 6, 2013 – The Garden Island Newspaper “Legal dust up’ http://thegardenisland.com/news/local/legal-dust-up/article_a5166bec-46a7-11e3-a5b0-0019bb2963f4.html

November 6, 2013 – The Garden Island Newspaper “Pressure mounts as special meeting approaches’ http://thegardenisland.com/news/local/pressure-mounts-as-special-meeting-approaches/article_00191e1e-46a7-11e3-9ece-0019bb2963f4.html

November 7, 2013 – The Garden Island Newspaper ‘Decision on pesticide study delayed’ http://thegardenisland.com/news/local/decision-on-pesticide-study-delayed/article_a5583b6e-477c-11e3-b321-001a4bcf887a.html

November 7, 2013 – The Garden Island Newspaper ‘County heightens security’ http://thegardenisland.com/news/local/county-heightens-security/article_addf41f0-477d-11e3-8d7d-001a4bcf887a.html

November 8, 2013 – The Garden Island Newspaper ‘One final vote’ http://thegardenisland.com/news/local/govt-and-politics/one-final-vote/article_b301eef4-4844-11e3-9437-001a4bcf887a.html

November 10, 2013 – The Garden Island Newspaper ‘Adios to aloha?’ http://thegardenisland.com/news/local/govt-and-politics/adios-to-aloha/article_8808310a-49dd-11e3-8f4b-001a4bcf887a.html

November 13, 2013 – State Department of Agriculture Press Release announcing Kauai Good Neighbor Program  http://hdoa.hawaii.gov/blog/main/state-develops-voluntary-guidelines-for-pesticides-use-on-kauai/

November 14, 2013 – The Garden Island Newspaper ‘Yes or no on override, respect please’  http://thegardenisland.com/news/opinion/editorial/yes-or-no-on-override-respect-please/article_11f05d1c-4cfd-11e3-8bc2-0019bb2963f4.html

November 14, 2013 – Civil Beat – ‘Kauai poised for override vote on GMO pesticide bill’ http://www.civilbeat.com/2013/11/kauai-poised-for-override-vote-on-gmo-pesticide-bill/

November 15, 2013 – The Garden Island Newspaper ‘Waiting on the seventh’ http://thegardenisland.com/news/local/govt-and-politics/waiting-on-the-seventh/article_829570b0-4dd0-11e3-b1ae-001a4bcf887a.html

November 16, 2013: Civil Beat – ‘Kauai’s GMO and Pesticide Bill Is Set to Become Law After Veto Override’ http://www.civilbeat.com/2013/11/20426-kauais-gmo-and-pesticide-bill-is-set-to-become-law-after-veto-override/

November 17, 2013 The Garden Island Newspaper ‘Overrode’ http://thegardenisland.com/news/local/overrode/article_0d7f22fc-4f52-11e3-9b90-001a4bcf887a.html

November 19, 2013 The Garden Island Newspaper ‘Legal options – next step’ http://thegardenisland.com/mobile/article_c95529dc-50e1-11e3-99a3-0019bb2963f4.html

November 19, 2013 Hawaii Tribune Herald (Big Island of Hawaii) ’Council passes gmo bill’ http://hawaiitribune-herald.com/sections/news/local-news/council-passes-gmo-bill.html

December 4, 2013: The Garden Island – ‘Voluntary Disclosure Begins’ “Responding to a whirlwind of activity surrounding Bill 2491, the state unveiled the voluntary program via a press release Nov. 13 — just days before the Kauai County Council passed its own measure into law.” http://thegardenisland.com/news/local/disclosure-begins/article_21b74424-5caf-11e3-bfef-0019bb2963f4.html

December 6, 2013 – Civil Beat ‘Maui may become Hawaii’s next battlefield over GMOs and pesticides’   http://www.civilbeat.com/2013/12/20590-maui-may-become-hawaiis-next-battlefield-over-gmos-and-pesticides/

December 24, 2013: The Garden Island – ‘Impact study to start’ http://thegardenisland.com/mobile/article_dd140196-6c5c-11e3-89bc-001a4bcf887a.html

January 11, 2014 – Civil Beat – ‘Supporters of Kauai GMO, pesticide law react to biotech lawsuit’ http://www.civilbeat.com/2014/01/biotech-giants-sue-kauai-over-pesticides-gmo-law/

January 11, 2014 – Civil Beat – ‘Biotech giants sue Kauai over pesticides, GMO law’ http://www.civilbeat.com/2014/01/supporters-of-kauais-gmo-pesticides-law-react-to/

January 12, 2014 – The Garden Island Newspaper ‘Lawsuit filed’ http://thegardenisland.com/news/local/lawsuit-filed/article_fc42413e-7b4f-11e3-86c7-0019bb2963f4.html

February16, 2014 – The Garden Island Newspaper ‘BASF on board’ http://thegardenisland.com/mobile/article_5b08ef1e-96cc-11e3-8701-001a4bcf887a.html

February 25, 2014 – The Garden Island Newspaper ‘Lawsuit defenders could grow’ http://thegardenisland.com/news/local/lawsuit-defenders-could-grow/article_250d2aae-9de5-11e3-b999-001a4bcf887a.html

April 13, 2014 – The Garden Island Newspaper – ‘Hearing Monday to determine intervention in 2491 litigation’  http://thegardenisland.com/news/local/hearing-monday-to-determine-intervention-in-bill-litigation/article_401946de-c2d4-11e3-8fce-0019bb2963f4.html

April 15, 2014 – The Garden Island Newspaper – “Hooser: ‘big win’ for Kauai” http://thegardenisland.com/news/local/hooser-big-win-for-kauai/article_dafef7e8-c464-11e3-9a28-0019bb2963f4.html

April 22, 2014 – The Garden Island Newspaper “Attorneys:2491 backers ‘eco terrorists’ http://thegardenisland.com/news/local/attorneys-backers-eco-terrorists/article_552923f6-c9e5-11e3-af5e-001a4bcf887a.html

April 24, 2014 – The Garden Island Newspaper ‘Petition seeks more regulation for GMO users’ http://thegardenisland.com/news/local/petition-seeks-more-regulation-for-gmo-users/article_33e06766-cb7c-11e3-b56c-0019bb2963f4.html

August 25, 2014 – Civil Beat – ‘Federal judge invalidates Kauai’s anti-GMO law’ http://www.civilbeat.com/2014/08/court-declares-invalid-kauai-ordinance-regulating-gmos-pesticides/

November 4, 2014 – Civil Beat – ‘Maui GMO farming ban sqeaks by’ http://www.civilbeat.com/2014/11/1000-votes-maui-gmo-farming-ban-squeaks-by/

November 27, 2014 The Garden Island Newspaper ‘Judge tosses big island GMO law’ http://thegardenisland.com/news/local/govt-and-politics/judge-tosses-big-island-gmo-law/article_d9bc31d0-7601-11e4-8c0b-bf7f34cf80a6.html

December 4, 2014 The Garden Island Newspaper ‘Mayor vetoes ‘ag’ bill’ http://thegardenisland.com/news/local/govt-and-politics/mayor-vetoes-ag-bill/article_59f5ecce-7b84-11e4-add7-bf1995600f61.html

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#youcan’tmakethisstuffup – The Kauai County Council passes new rules prohibiting Councilmembers from asking testifiers questions of substance.

Posted on October 23, 2015 by garyhooser

Yes, that’s right, in a 4 to 2 vote (CM Chock was absent), a majority of the Kauai County Council changed its own internal rules to prevent any Councilmember from asking questions of the public when they testify.  If Chair Mel Rapozo permits, Councilmembers may ask testifiers to repeat or restate their position, but no questions pertaining to the substance of the testimony shall be permitted from this day forward.

As you may have surmised: Councilmember Yukimura and I were the lone two dissenting votes.  We attempted to convince our 4 colleagues to at the minimum defer the item to allow a proper public hearing and allow Councilmember Chock to participate in the vote and discussion but the majority faction of 4 declined our request.

A story with additional information was published in The Garden Island: http://thegardenisland.com/news/local/govt-and-politics/no-question-about-it/article_eb656944-0903-5ab4-ae57-33174979b315.html

Only one person testified in support of the Rule change of the 4 persons from the public who were present and offered testimony.  2 others opposed the measure and another individual was non committal.  (Note: The original version of this blog incorrectly stated that no one testified in support of the measure.)

The actual verbatim FIRST CHANGE that was added is below and represents the new rule addition in its entirety:

10) “The Chair may allow Councilmembers to ask speakers to repeat or rephrase statements during their testimony, but Councilmembers shall not ask questions that give the speaker a greater opportunity to testify than others.  Council members shall not ask speakers about the substance of their testimony, or comment on testimony or speakers during the testimony period.”

The key words of course are “may” and “shall”.

The SECOND CHANGE to the rules are the deletion of the following that is in bold:

(e) Conduct of Public Hearings.

(1) Public hearings are held to receive testimony from the public.  Councilmember shall reserve their opinions, questions, and arguments for the appropriate Council or Committee meeting; [except that Councilmembers may ask clarifying questions that enable the Council to better understand the point or position of the speaker.]

So – In addition to prohibiting Councilmembers from asking testifiers questions of substance, the new rules also delete a Councilmembers ability to ask clarifying questions to better understand the point or position of a speaker during a public hearing.

What makes the entire scenario even more surreal in a Catch-22 kind of way – The new rules essentially say:  At a Public Hearing Councilmembers shall reserve their questions for the appropriate Council or Committee meetings.  However Councilmembers are not allowed to ask any questions of substance at those same Council or Committee meetings and only (with the Chairs permission) may ask the testifier to repeat or rephrase and in fact cannot ask questions regarding the substance of the testimony at all.

The Kauai Council Rules in their entirety can be found here: http://www.kauai.gov/Portals/0/Council/Documents/ResolutionNo2015-02Draft1.pdf?ver=2015-04-22-131447-577

The Chair of the Council stated the purpose of the rule changes was to prevent “grandstanding” by Councilmembers and “badgering the testifier”.  It was claimed that several un-named members of the public complained that they felt uncomfortable when Councilmembers asked them questions or put them on the spot.  It was also claimed that the new rules were based on Maui County Council Rules and Practice.

For the record, Maui County Council Rules do not prohibit Councilmembers from asking questions of substance nor do they prohibit Councilmembers from asking clarifying questions.  The actual practice of the Maui County Council is that after every testifier presents their testimony the Chair actually invites the Maui Councilmembers to ask clarifying questions. “Is there any need for clarification?” or similar is asked of Councilmembers after every testifier.

The pertinent section of the Maui Council Rules is as follows:

3. Conduct.  Testimony shall pertain to items on the meeting agenda.  Testifiers shall direct their remarks to the presiding officer and not to any individual Councilmember or person in the audience.  The presiding officer may allow members to ask testifiers to repeat or rephrase statements made during their testimony, but members shall not ask questions that give a testifier a greater opportunity to testify than others.  Members shall not comment on testimony or testifiers during the testimony period.

The entire Rules for the Maui County Council are here:

http://mauicounty.us/rules/

Hawaii County Council Rules state in part:

“During public testimony, Council members may ask the testifier a specific question, as opposed to making any comment of approval or disapproval or otherwise, and may request submission of specified additional information.” And also states: “Council Members shall refrain from making comments or asking questions of testifiers during statements from the public. All deliberation and discussion on an agenda item must take place after the item has been read into the record and a motion is pending on the floor. A Council Member may, however, request that a person presenting public testimony on an agenda item be available for questions during subsequent discussion.”

The entire Rules for the Hawaii County Council are here:

http://www.hawaiicounty.gov/lb-council-home/

I was unable to easily locate the Rules for the City and County of Honolulu and will locate and update this post with that info in the near future.

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Trick or Treat? The Good Neighbor Program – A Masquerade Of Disclosure

Posted on October 9, 2015 by garyhooser

Read through to the end please.  You will see that disclosure is not really disclosure and the label is not really the law because these companies disclose only a fraction of what they use and change the label without telling us.

A win of sorts was announced today in Civil Beat.

http://www.civilbeat.com/2015/10/hawaii-to-expand-voluntary-pesticide-reporting-by-big-ag-companies/?cbk=56180df6ccad4&utm_medium=social&utm_source=twitter&utm_campaign=hawaii&utm_content=

It is an inadequate win, but a small win none-the-less for those who worked so hard on Bill 2491 and continue to work hard around our State on related issues over the past few years.

While the Good Neighbor Program of “volunteer disclosure” and 100′ buffer zones is woefully inadequate, there is no question that the amount of disclosure and the amount of public education that exists today is far more than what it was two years ago.

Many will say that the Good Neighbor Program is “better than nothing” and though sometimes I have mixed feelings about this, at the end of the day my conclusion is yes, it is better than nothing and is a step in the right direction.

Now we press to make it mandatory with government over-sight and have it include ALL of the pesticides used by these large multinational agrochemical companies.

The companies, their lobbyists and their State regulator/enablers think this will buy them some time. They can and now will say that they do disclose and they do have buffer zones. This statewide move is from the same 2491 playbook – offer voluntary industry self regulation to pacify the public and dilute the political need to pass a Bill mandating true disclosure and real meaningful buffer zones.

Why is the Good Neighbor Program not adequate? Why is it in large part a trick of non-disclosure masquerading as full disclosure?

The two main points which make the Good Neighbor Program entirely inadequate are:

1)      The voluntary nature of the program means there is no government oversight, no verification of the accuracy of the reporting, no accountability and no penalty for providing false information.  This is industry self-regulation and is insufficient.  The industry has a local and global history of repeatedly misrepresented their actions and operations.  To be meaningful any disclosure program requires independent verification.

9 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI’I   http://tinyurl.com/9Misstatements-07-07-15

Read this New York Times story about how Syngenta misrepresents the facts: http://www.nytimes.com/2015/02/24/business/international/a-pesticide-banned-or-not-underscores-trans-atlantic-trade-sensitivities.html?_r=0

2)      The Good Neighbor Program includes only a small fraction of the total pesticide usage by the large agrochemical companies.

a.      Restricted Use Pesticide’s (RUP’S) are the most highly regulated but represent 25% or less of the total pesticides used by these companies.  Approximately 18 tons of RUP’s are used annually on Kauai alone based on State Department of Agriculture historical sales data (the ONLY verifiable data available).  See the exact calculations and the source documents for the 18 ton figure here:    https://garyhooser.wordpress.com/2015/08/24/one-of-the-largest-and-most-credible-news-source-in-the-world-reports-on-kauai-and-the-chemical-companies/

The companies continue to refuse to disclose General Use Pesticide (GUP).  Glyphosate was recently declared a “probably carcinogen” and one of the primary crops grown/tested is “Round-Up Ready” corn which requires the application of large amounts of glyphosate, yet the companies refuse to disclose their glyphosate use and it is not included in the Good Neighbor Program.

b.      There are a dozen or more GUP’s being used by these same companies however the exact types and quantities used are unknown because there is no disclosure required.  These additional GUP’s are also often labeled as hazardous to humans, animals and aquatic creatures, not to mention bee’s and other organisms.

c.       A third group of pesticides being used by these companies and not being disclosed in the Good Neighbor Program are those pesticides referred to as “Special Local Need Label Registrations”.

These are pesticides in which the seller/user of the pesticide requests and receives from the State Department of Agriculture special consideration and exceptions to the existing Federal label requirement’s.  These “special exceptions” include allowing the pesticides to be used in wind conditions double the recommended wind speed on the existing label, and increasing the frequency of pesticide applications above and beyond the federal recommendations.

These pesticides carry strong warnings as to health and environmental impacts, yet there is no public disclosure when the labels are changed/amended and no public disclosure via the Good Neighbor Program.

i. One of the pesticides where the label has been changed is Evik (herbicide where allowable windspeed was doubled (10mph to 20mph) for application on Maui sugar cane).

The Maui sugar industry complained to the State Department of Agriculture (SDOA) that it was too windy on Maui to use Evik and alternatives would be too costly and requested that the SDOA change the label on Evik to double the allowable wind speed from a maximum of 10mph to 20mph.  The SDOA complied. There was no requirement to inform the public of the proposed change, no questions were asked as to the quantity of the herbicide being used, nor any in depth investigation as to the location of population centers, nor any discussion about the impact of burning the cane and the consequently the burning of that herbicide.  Conditions were placed to minimize drift and the applicator admonished to not apply when drift might occur, but bottom line is the allowable wind speed was doubled, there was no public notification and little due diligence went into the decision making

Amended label for Evik is here:  http://hawaii.gov/hdoa/labels/sln/1204_2017.pdf

The regular Evik label is here: http://www.syngentacropprotection.com/pdf/labels/scp786al19g1209.pdf

This label warns Evik is toxic to aquatic animals and to not use near waterways.  There are numerous other warnings including warnings about burning the empty containers as a means of disposal.

ii.  Another of the pesticides where the label has been changed is Tilt and is a fungicide used on corn.

The amended label allows for an additional application of this fungicide by shortening the break between a pre-harvest application from 30 days to 3 days is here:     http://hawaii.gov/hdoa/labels/sln/1202_2017.pdf

The regular label is here:  http://www.syngentacropprotection.com/pdf/labels/scp617al2m0509.pdf

This label warns that because of residue issues, no food crops or animal grazing should be done for 100 days after application. In addition there are numerous additional warnings.

iii. A third pesticide where the label has been amended without any disclosure or public notification is Admire Pro.

That amended label is here:  http://hawaii.gov/hdoa/labels/sln/1102_2016.pdf

The regular label is here: http://www.cdms.net/LDat/ld74S003.pdf

Admire Pro is “highly toxic to bees” (and other organisms as well).  This label also carries the below warnings:

IMPORTANT: THIS LABEL IS ONLY FOR USE BY AUTHORIZED BAYER CROPSCIENCE PERSONNEL, MEMBERS, OR THEIR GROWERS UNDER THE HAWAII CROP IMPROVEMENT ASSOCIATION AND MAY NOT BE COPIED OR RE-TRANSMITTED IN ANY FORM. NO PART(S) OF THE CROP TREATED WITH ADMIRE PRO Systemic Protectant SHALL BE DIVERTED AS FOOD FOR HUMAN CONSUMPTION OR FEED FOR ANIMAL CONSUMPTION.

IMPORTANT: Bayer CropScience has not investigated the use of ADMIRE PRO Systemic Protectant for potential adverse interactions with any other crop protection or fertilizer products used in seed corn production, nor across potential commercial breeding lines. Therefore, adverse effects arising from the use of ADMIRE PRO Systemic Protectant on seed corn cannot be predicted and are therefore the responsibility of the User.

d.      A fourth group of pesticides that are not disclosed in the Good Neighbor Program are those that require a “Experimental Pesticide Use Permit”.  While the fact that these permits exist is known, the quantity and nature of the permits and experimental pesticide use is not known as there are no disclosure requirements.

Permit samples are here: https://drive.google.com/file/d/0B43mvAFMJQpcejRHVW8wbUE2SjQ/view

and also here:   https://drive.google.com/file/d/0B43mvAFMJQpcOWI5MFVvY1kxeFk/view

Read The Actual Good Neighbor Program Requirements Here:  http://hdoa.hawaii.gov/pi/files/2014/01/Voluntary-reporting-guidelines_11-12-13_FINAL.pdf

1)      The voluntary buffer zone of 100’ is woefully inadequate.  In addition the buffer does not apply to other areas where people regularly congregate such as businesses, parks, and roadways.  In addition the buffer does not apply to streams or other sensitive environmental waterways.  In any case 100’ is nothing.

2)      Pre-application notices are only for schools, hospitals and medical clinics who register.

What about everyone else?  Other homes and businesses or people traversing the area?  There should be pre-notification for the entire community so people can avoid the area if they are concerned or represent an especially sensitive population (pregnant women, young children etc).

3)      There is no provision of immediate disclosure in the case of suspected exposure by any resident who might be in the area.

A list of Special Local Need Label Registrations is here: http://hdoa.hawaii.gov/pi/files/2013/01/List-of-Active-SLNs-By-SLN-Number-with-Labels_01302015.pdf

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The next step in a long march. Your help is needed today

Posted on September 29, 2015 by garyhooser

Aloha

This past two years, Hawaii has experienced the birth of an intensely passionate grass roots movement for change. This movement has brought together people from all islands representing many different groups and issues but each sharing at its core the battle for social justice.  Whether that battle be manifested in the fight against health and environmental degradation, cultural debasement or economic inequality, at the end of the day it is about social justice.

The 10,000 that marched recently for Unity and Aloha ‘Āina in Waikiki represent just a small fraction of the large number of our residents who are dissatisfied with the status quo and increasingly empowered to stand up and work now for positive change.  On Hawaii Island, on Kauai and on Maui, thousands more have marched and are demanding a government that listens and responds to the people rather than simply kowtow to big business and big money.

People across Hawaii are demanding to be heard and and their concerns and issues respected by government policy makers, but the majority in political office have their head in the sand, hoping, I suppose, that this whole “movement thing” will just go away.

To be clear the movement is not going away.  The abuse by the status quo has crossed the line and the “in your face nature of the actions” are far too egregious for people to turn away and act like they don’t see.

The rail financial boondoggle, the Kakaʻako “good planning and affordable housing” sham, and the “sustainable agriculture” hypocrisy that accompanies Hoʻopili and so many other ag-to-urban development projects on Oahu and around the islands are just a few examples.

On Maui, over 50% of the voters chose to support an initiative requiring agrochemical companies to prove that their operations are safe; yet the local County government will neither acknowledge that concern with legal support nor offer an alternative solution.  The County Councils of both Hawaii and Kauai County also passed laws attempting to regulate this same industry; and yet State government at all levels takes no action, choosing instead to ignore the possibility that additional regulation might be necessary.

In all of these cases and so many more, the common theme is that government is not working for the common good but rather seems focused only on facilitating the business interests who are the “rent seekers” in search of government favors.    They come before our government officials and agencies asking for zoning changes, permit variances, subsidies and other dispensations, and our government seems only willing to bend over backward to accommodate them.  When their project does not go well or when they feel there is more money to be made, they come back again and ask for even more from the public trough.

The movement surrounding the protection of Maunakea happened not just because of one particular telescope, but rather from decades of State inaction and lack of responsiveness.

There comes a time when enough is enough, and I believe now is such a time.

The word on the street is that the growing movement for change in Hawaii is evolving from marching and carrying signs toward the additional action of meaningful participation in the 2016 elections.  There is a movement afoot to register new voters and emerging leaders fueled by the urgency of the moment are making plans to become candidates for public office.

The Hawaii Alliance for Progressive Action (H.A.P.A.) of which I am the volunteer President of the Board has recently launched the Kuleana Academy, a five-month leadership development and candidate training program.  H.A.P.A. is working with Alliance Education Partners representing a wide variety of leading Hawaii public interest organizations.  This is a nonpartisan statewide program that will educate the participants through 1) Leadership and Campaign Skills Training, 2)Progressive Values and Statewide Issues Workshops; and 3) Community-Based Hands-On Experience.  Space is limited, but anyone in the public is welcome to apply.  The evaluation of participants and their acceptance into the program will be conducted by a panel consisting of H.A.P.A. Board Members and Alliance Education Partners.

Please read about and support this exciting new opportunity to create positive change in Hawaii.    We need new candidates and we need funding support to make the Kuleana Academy the best that it can be.  To learn more and apply please visit http://www.hapahi.org/kuleana-academy/

Please also consider making a generous tax deductible donation to support this important program and the many other projects H.A.P.A. now has underway.  We urgently need your help today.

http://www.hapahi.org/donate/

Hawaii needs more progressive government leaders who value ʻaina and the people ahead of corporate profit and who have the courage to stand up for their convictions.

Small numbers matter.  While big numbers are important when measuring the success of a march or a concert, when it comes to casting votes at the legislature and in County Council meetings across Hawaii, a handful of votes can make an important difference.  At the State legislature a handful of new, forward-thinking, community-based individuals can likewise make a significant difference, giving courage to other likeminded colleagues and catalyzing change within the body.

Please, if you are a leader and want to take your potential to a higher level, apply to the Kuleana Academy today.  If you have the financial capacity to help Hawaii’s new emerging leaders to reach out, take on, and carry that mantle of leadership, please offer your financial support.

Together we can do this.

Sincerely,
Gary Hooser

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Opportunity Lost – The National Association of State Departments of Agriculture (NASDA) Annual Meeting – Kailua-Kona, Hawaii

Posted on September 15, 2015 by garyhooser

To be clear this is even worse than I originally thought.

Instead of a meeting of national leaders in Hawaii that promotes at the minimum balance and perhaps in our dreams even forward thinking – we get same-ole, same-ole.  We get a rerun of decades of industrial agriculture that a majority don’t want, don’t trust and won’t eat.

The National Association of State Departments of Agriculture (NASDA) Annual Meeting that started this past Sunday, September 13 and runs through Wednesday the 16  in Kailua-Kona, Hawaii – is even worse than I originally thought. The meeting is hosted by NASDA President and Hawaii Chairman of Agriculture Scott Enright.   Mr. Enright runs the Department of Agriculture for the State of Hawaii.

http://www.nasda.org/News/37606.aspx

As mentioned in an earlier blog, a featured speaker at the meeting is Margery Bronster whose law firm is suing Kauai County, Hawaii County and Maui County opposing their right to protect the health and environment of their citizens through the regulation of industrial agriculture.  I thought this invitation faux pas was bad enough but it gets worse.

To have Ms Bronster speak without inviting a contrary opinion is offensive both to the elected County officials who worked and voted on these issues, but more importantly to the citizens who supported those votes.  On Maui over 50% of the voters supported County regulation and their voices and perspective deserves also to be represented.

But to add even further to the bad judgment, a close look at the entire meeting agenda shows an overwhelming majority of the invited speakers are without question staunch and aggressive advocates of the industrial agrochemical model of our agricultural future.

Clearly the State is not listening to the people, nor to the marketplace.

Though organic food production is the fastest growing segment of agriculture in the nation, only one speaker out of 14 will speak to this topic while a Dow Chemical lobbyist will speak, a former Syngenta lobbyist will also present remarks, and of course Ms Bronster who represents the industry in court against three Hawaii Counties will also be featured.  In addition, various other individuals who have official positions opposing GMO labeling and who downplay the health and environmental impacts of pesticide usage also have been given platforms in which to promote their agenda and their world view.

It is not just disgruntled environmentalists and residents worried about their health and the health of our natural environment but it is also the global marketplace that is screaming for attention and being ignored by our State.

Yet the government of the State of Hawaii give these voices no attention at all, or at best a few scraps now and then to quiet the rabble.

“Major packaged-food companies lost $4 billion in market share alone last year, as shoppers swerved to fresh and organic alternatives.”  Fortune May 2015

http://fortune.com/2015/05/21/the-war-on-big-food/

Where is the balance?  Where is the respect for views and opinions and science that support a more sustainable approach to agriculture? Where is the perspective that says local governance at the County level is a valuable participant in the decision making process?  Where is the common sense business approach that says Hawaii should go after niche organic markets?

Industrial food is bad for our health, bad for the environment and increasingly is proving bad for business.

Our State government at many levels, both State agencies and in the legislature, have shown that they are more or less tone deaf when it comes to the concerns being expressed by a significant number of Hawaii residents and by the marketplace.

Clearly, it well past time for them to wake up, to listen and to respond accordingly.

FYI: Tuesday September 15th schedule of NASDA speakers in the morning include:

Breakfast sponsored by Dow AgroSciences with remarks by Megan Provost, State Government Affairs (lobbyist)

James Gorny, Ph.D., Vice President, Food Safety & Technology, Produce Marketing Association (?)

Ryan Yates, Director, Congressional Relations, American Farm Bureau Federation (lobbyist)

Margery Bronster, Founding Partner, Bronster Fujichaku & Robbins Attorneys at Law (representing the agrochemical cartels in court against Maui, Kauai and Hawaii County)

Ron Williams, Government relations: Now at Coca-Cola, Previously with Syngenta (lobbyist)

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Bad Taste, Bad Judgment – Bad Policy

Posted on September 9, 2015 by garyhooser

Big Ag meeting scheduled for Kona – Bad Taste, Bad Judgment – Bad Policy

The National Association of State Departments of Agriculture (NASDA) is holding their 2015 Annual Meeting beginning this Sunday, September 13, in Kailua-Kona, Hawaii. The meeting is hosted by NASDA President and Hawaii Chairman of Agriculture Scott Enright.

http://www.nasda.org/News/37606.aspx

One of the featured key note speakers is former Hawaii Attorney General Margery Bronster. Ms Bronster and her law firm Bronster Fujichaku Robbins on behalf of the largest chemical companies in the world are suing Kauai County for the right to spray poisonous chemicals next to schools, hospitals and homes.  The court action also prevents Kauai residents from knowing exactly what chemicals are being used in their neighborhoods (disclosure).

Actually Ms Bronster and her associates are representing the chemical companies in legal actions in 3 of 4 Hawaii Counties seeking to block, overturn and prevent local governments and the local citizenry from protecting their local communities via the regulation of pesticides and genetically modified organisms.

On Kauai, the law that was passed by the Kauai County Council simply required disclosure and modest buffer zones around schools, hospitals and homes.  Rather than comply these large chemical companies hired Ms Bronster and numerous other big guns in the legal community to take Kauai County to court where the matter is now on appeal.

5 of 7 Councilmembers on Kauai voted to pass Ordinance 960, a majority of Hawaii County Councilmembers and over half of Maui voters voted to regulate the growing of genetically modified crops on their island.

Yet, the NADC invites the person leading the charge against all 3 counties as a key-note speaker to their conference on agricultural policy.

Ms Bronster will no doubt speak on the horrors of having local governments attempting to govern.  At the minimum the NADC in its wisdom (or political acumen) should have invited an opposing view point and balanced the conversation with a presentation on the benefits of local control and local agricultural policy.

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State law on RUP disclosure implemented.. kind of but not really– Plus Kauai County stats on glyphosate

Posted on September 9, 2015 by garyhooser

State law on RUP disclosure implemented.. kind of but not really– Plus Kauai County stats on glyphosate

Here is statewide 2014 Restricted Use Pesticide(RUP)  data provided by the State Department of Agriculture (not glyphosate or other general use pesticides)

Note: This list includes things like “Chlorine” which is used to purify water by some of the County water systems.  This list includes ALL RUP’s sold in the State except termite treatment chemicals and includes agricultural usage but is not exclusive to agricultural use.

Click to access SUMMARY-ALLSALES-2014.pdf

Here is the data for Kauai only products containing glyphosate

Kauai Usage Calendar Year 2014:

*State DOT Kauai Highways – 64 gallons
*Kauai County Public Works/(mostly roads) 118 gallons
*Kauai County Parks including Wailua golf course 35 gallons
The above info was provided in writing in response to my request

The statewide RUP data is provided due to a state law passed in 2013.  Introduced by Kauai Representative Dee Morikawa the measure according to Civil Beat: http://www.civilbeat.com/2015/03/after-2-years-hawaii-still-wont-enforce-pesticide-disclosure-law/?utm_medium=email&utm_source=users&utm_campaign=morning_beat

“Initially the bill sought to require an annual list of all pesticides used in each county by type and volume; a summary of health complaints related to pesticide use reported to the department and the results of those investigations; an analysis of trends in pesticide use; an assessment of the accuracy of the reported pesticide use data; and an accounting of the amount and type of pesticides imported into the state and the amount and type of pesticides reported as being used in the state.”

“But by the time HB 673 passed the Legislature, it simply required the legislative reference bureau to conduct a study, and ordered the Department of Agriculture to publish on its website the public information contained in all restricted use pesticide records, reports, or forms submitted to the department for all uses except structural pest control.”

And now as you can see, two years later when the data is finally published it contains only the very minimal total amounts per County and the public still has no information as to which companies use which pesticides in which parts of their community.  The Department of Agriculture has the data, they just will not give it to us.

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Insider Email, Labor Day and AgroChemical Cartel Mixed Plate

Posted on September 7, 2015 by garyhooser

Today of course is Labor Day and here are a couple of good reads I recommend:

“…this Labor Day, let’s not only chant that America needs a raise but also rally around a simple norm that all workers should share fairly in the economic growth they help produce.”

“Today’s $7.25 per hour minimum has a purchasing power about 25 percent below its peak in 1968….”

“Fifteen dollars, phased in gradually, is the better option. It would be adequate and feasible, assuming that policy makers also take steps to raise middle-class wages, which would include tough enforcement of updated laws on overtime, scheduling, worker classification and other labor issues.”

The curtain continues to be pulled back on the actions and impacts of the chemical companies here in Hawaii and around the world.

Dr. Folta testified for the chemical companies during the Bill 2491 hearings on Kauai –

“Dr. Folta is among the most aggressive and prolific biotech proponents, although until his emails were released last month, he had not publicly acknowledged the extent of his ties to Monsanto.”

“I am grateful for this opportunity and promise a solid return on the investment,” Dr. Folta wrote in an email to one Monsanto executive.”

 

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One of the largest and most credible news source in the world reports on Kauai and the chemical companies.

Posted on August 24, 2015 by garyhooser

Just published today in The Guardian and is a MUST READ AND SHARE:

Pesticides in Paradise: Hawaii’s spike in birth defects puts focus on GM crops http://www.theguardian.com/us-news/2015/aug/23/hawaii-birth-defects-pesticides-gmo

And know that the rapid pro GMO bloggers will cry foul and attempt to discredit the facts.

One of the key facts are the numbers and quantities of Restricted Use Pesticides used on Kauai.  The number quoted in the story and the number I use is 18 tons used annually.  The industry and their paid online shills vociferously dispute this number and instead quote a much lower number.  So below I fully disclose how the 18 tons is calculated.

Also for further facts to combat the spin and disinformation that will be put forth by the industry bloggers please consult the source documents attached here:  9 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI‘I http://tinyurl.com/9Misstatements-07-07-15

The basis for which the 18 ton figure was calculated is as follows:

1)      Data of is from the total RUP’s sold to agricultural users in Kauai County during 2012 provided by State Department of Agriculture.

Raw data is here:https://drive.google.com/file/d/0B43mvAFMJQpcLXNYT3ppcHd6ZWs/view?usp=drive_web

Summary data is here:https://drive.google.com/file/d/0B43mvAFMJQpcTXFsOTRtQ0NJSzQ/view?usp=drive_web

2)      From the above data source the total amount of all RUP’s sold during 2012 to the 4 agrochemical companies only = 5,477.20 lb’s and 4,324.5 gallons

3)      Converting gallons to pounds using the weight of water: 4,342.5 gallons X 8.33 lb’s  = 36,173.025 lb’s

4)      Combine 36,173.025 plus 5,477.20 = 41,650.225 lb’s divided by 2,000lb’s = 20.825 tons

5)      Adjust downward by 10% and round down to compensate for unknown actual weight, varying weights of the gallons of RUP and variation due to purchase/use factor

6)      = 18 tons of RUP purchased/used annually – based on assumption that the companies were using approximately what they were purchasing.

7)      Note: The data made available to me consists of RUP’s purchased annually.  The companies are purchasing Restricted Use Pesticides products and they are not purchasing “active ingredients”.  Thus the SDOA records reflect the annual purchase of over 18 tons of RUP’s by these 4 companies.

8)      When the State Department of Agriculture was originally requested to provide information pertaining to RUP sales in Kauai County, they provided the data referenced above consisting of “RUP product purchased and not active ingredient purchased”.  However since the controversy and attempts to regulate the industry and use of these RUP’s the SDOA have started reporting the data also in “active ingredient format” which results in the lower figures quoted by the industry and the SDOA.

9)      It is important to note that each active ingredient has different characteristics and different levels of toxicity.  All active ingredients are not equal.  It is also important to note that the “other ingredients” also have impacts and that no one has studied the combined impacts of all of the various 22 different kinds of RUP’s and their active and “other” ingredients  interacting in the Hawaii environment.

10)   PLEASE READ “9 Most Frequent Misstatements by Chemical Companies.” This document is linked to source documents that respond/refute many of the claims by the agrochemical industry on Kauai that are misleading at best. http://tinyurl.com/9Misstatements-07-07-15

11)   There is no accurate data showing current use that is available publicly.  The “Good Neighbor Program” data is not verifiable and the SDOA has refused to continue providing per company RUP sales data.

12)   It is also important to note that the “Good Neighbor Program” does not require the disclosure of “Round Up” or glyphosate based products.  I have requested in writing that this also be disclosed however the 4 companies have refused to do so.  It is likely from the historical information I do have in terms of “agricultural industry standards” – that glyphosate use far exceeds all RUP use combined in terms of tonnage.

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