Retired Hawaii Supreme Court Justice Joins Top Hawaii and National Attorneys In Support of Bill 2491 –

Posted on October 3, 2013 by garyhooser

“We feel it would be unfortunate if the Council were to allow any well-financed opponent to determine public policy merely by threatening to sue. But if a vote is being based on the belief that the Bill will be struck down, we see no meaningful basis for that concern.”   Concluding paragraph in “guest commentary” published in The Garden Island October 2, 2013.

Signed:

Paul Achitoff – Managing Attorney, EarthJustice

George Kimbrell – Senior Attorney, Center For Food Safety

Peter Schey – President/Attorney, Center for Human Rights and Constitutional Law

Justice Steven Levinson (Retired – Hawaii Supreme Court)

Alan Murakami – Attorney (personal capacity)

Teresa Tico – Attorney and former President Kauai Bar Association 

Kapua Sproat – Attorney and Law Professor, Richardson School of Law

Harold Bronstein – Attorney, Kauai

Elif Beall – Attorney, Kauai

*********************************************************************

Guest Commentary published in The Garden Island

Council Should Proceed With 2491

The Kaua’i County Council will soon vote on an amended Bill 2491, requiring disclosure by the major users of restricted, experimental and general use pesticides, create pesticide buffer zones around schools and waterways and study the health, environmental and socioeconomic impacts of the widespread use of these pesticides and the production of experimental genetically engineered plants. The original version also sought to freeze the status quo concerning such production—halt its expansion—while that study is being conducted. The Council has received a great deal of testimony from the general public and from individuals and experts in relevant fields in an admirable effort to make a deliberate, well-informed decision.

It is the responsibility of Council Members to decide whether or not Bill 2491 represents good and necessary public policy. But there’s been much debate about whether Bill 2491 is legally sound, regardless of how necessary it might be. Industry opponents have threatened litigation, and some Council Members have made concerns about the bill’s lawfulness the cornerstone of public statements on how they may vote.

No thoughtful, experienced attorney will offer blanket assurances about how any lawsuit will be decided, and the bill presents some cutting-edge legal issues. But the State expressly granted the County the authority to protect the health, life, and property of its people from just these kinds of threats. No law expressly prohibits the County from taking this action, and no court cases clearly block the County from passing and implementing this Bill. Moreover, ordinances with similar provisions have been passed elsewhere and have not been successfully challenged.

We believe that Bill 2491 is sound, and the mere threat of a lawsuit by industry interests should not prevent the Council from taking action they believe is important to their community. Attorneys experienced in these issues have given the Council volumes of detailed legal analysis supporting the bill’s legality, discussed these issues with the Council, and made their analyses publicly available for critique. Yet Bill 2491’s opponents haven’t supported their campaign of intimidation with any legal explanations.

We feel it would be unfortunate if the Council were to allow any well-financed opponent to determine public policy merely by threatening to sue. But if a vote is being based on the belief that the Bill will be struck down, we see no meaningful basis for that concern.

Signed:

Paul Achitoff – Managing Attorney, EarthJustice

George Kimbrell – Senior Attorney, Center For Food Safety

Peter Schey – President/Attorney, Center for Human Rights and Constitutional Law

Justice Steven Levinson (Retired – Hawaii Supreme Court)

Alan Murakami – Attorney (personal capacity)

Teresa Tico – Attorney and former President Kauai Bar Association 

Kapua Sproat – Attorney and Law Professor, Richardson School of Law

Harold Bronstein – Attorney, Kauai

Elif Beall – Attorney, Kauai

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At the end of the night, it was a very good day.

Posted on September 28, 2013 by garyhooser

Last night, after an exhausting 12 hour meeting, the Kauai County Council Committee on Economic Development, Agriculture and Sustainability voted 4 to 1 to amend and to pass out of committee Bill 2491. The full Council will now consider and vote on the amended Bill.  That Council meeting has yet to be scheduled but could occur within the next 7 to 10 days.

Was this a victory?  The answer is a resounding YES. 

Is this enough?  The answer is a resounding NO.

While I continue to review the details of the entire very comprehensive and complex amendment that was passed last night – it appears that 50% of the Bill survived the amendment process.

The key and heart and soul of the entire effort, “the right to know” disclosure provision was made even stronger than originally introduced. 

The disclosure provision is arguably the most important element of the Bill and is what the agrochemical companies are most concerned about – and this provision emerged from the process robust and strong.  The buffer zones are intact but need to be strengthened.  The EIS provision was converted into an alternative study but I believe will serve the purpose needed to determine health and environmental impacts of this industry.  The moratorium did not make the cut but interestingly the companies seem to be willing to sign an agreement limiting expansion.

Thank you to all who have worked so hard on this effort.  Yesterday’s outcome was a significant win but much work is needed to strengthen the Bill that now moves to the full Council. 

You can be sure that the industry pushback will be strong and swift.  It is likely we will hear from their lawyers again as they renew their effort to bully the County into submission.  It is also likely that there will be more press releases, more pronouncements’ from State government officials, more full page ads in the newspaper and more letters from the Chamber of Commerce.

Please let Council Members JoAnn Yukimura and Nadine Nakamura how much their work is appreciated in helping to pass Bill 2491.  Without their willingness to do the heavy lifting and writing of the amendments, this very important measure could have remained in limbo for a long, long time.  Tell them mahalo…and yes please tell them we need a stronger version that includes better buffer zones and a moratorium commitment that includes the entire island of Kauai.  Even though he is not on the Committee and was not able to vote last night, Bill 2491’s co-introducer Council Member Tim Bynum provided invaluable support during last nights deliberations and deserves a huge mahalo as well.

To be clear: Bill 2491 can be further amended during the full Council meeting that will be scheduled in the near future.  It can be made stronger or it can be made weaker during this meeting and this effort is not over until the full Council votes and the Mayor signs Bill 2491 into law.

 Imua! gh

Amendments:

1)      The core of the issue – “The Right To Know” was preserved and strengthened.  Should Bill 2491 pass out of the full Council in its present amended form companies will have to disclose to the world the chemicals they are using on our island.   They will have to tell us what pesticides they are using, how much they are using and where and when they used it.  And they will have to tell us what GMO crops they are growing as well.

2)      Buffer Zones – While I believe this section needs significant strengthening, the amended Bill includes buffer protection zones around schools, hospitals, homes and many other areas.  To be clear this section IMHO needs to be expanded and I am hopeful this can be done in the upcoming Council meeting.

3)      Health/Environmental Impact Study – The amended Bill requires the County to conduct a study following a comprehensive process designed to ensure the end product is comprehensive and includes the detailed medical and environmental data gathering and analysis required for solid future decision making.  While not following the 343 EIS process which I preferred and was outlined in the Bill, this is an alternative path to the same objective.

4)      Prohibition of open air testing of experimental pesticides and experimental GMO’s – These provisions were deleted and are not included in the “moving forward Bill 2491”. 

5)      Permitting – This provision was deleted.  I attempted unsuccessfully to retain this provision by amending the words “shall” to “may” and thus retaining the option of the County to implement permitting.  However, those introducing the amendments decided this provision could be passed into law at a future date, after the study was completed and if the study showed a specific need for permitting.

6)      Moratorium – This provision was deleted and was perhaps my biggest disappointment.  However apparently the 4 agrochemical companies are prepared to sign a written agreement that they will not expand their operations north of the Wailua River for a period of time that I believe was two years or until the County Health and Environmental study was completed.  While at first it may seem like a welcome offer to those who live on the north and east shore, this proposal is offensive and unacceptable – and must include the entire island.

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So What Really Happened Yesterday September 9, 2013?

Posted on September 10, 2013 by garyhooser

To say the least, yesterday was a bit frustrating.  For those observing the 12 hour session it is clear there were really two meetings – one between council members discussing amendments and one between council members and the agrochemical industry representatives (and a handful of others).

A summary of the amendment discussion portion of the meeting is below…the discussion with the agrochemical industry representatives will follow…in a day or so.

The Committee on Economic Development (agriculture, sustainability) and Intergovernmental Affairs is composed of 5 council members: Myself as the Chair, CM Yukimura as Vice Chair and CM Kagawa, CM Nakamura and CM Rapozo.

As is always the case with every piece of newly proposed legislation it is a given that the Bill can and should be amended to improve and to clarify. 

At yesterdays meeting I presented for discussion three amendments and non-committee member Bynum contributed a fourth.  From our perspective, these amendments were sufficient to keep the Bill strong and allow it to move forward to a full council vote. 

Technically these could have been presented as a single amendment but to facilitate an easier discussion the amendments were broken into four parts:

1) Clarifying the amount of pounds/gallons of RUP’s used  

2) Clarifying and limiting the experimental pesticide provision

3) Strengthening and clarifying the EIS provision

4) Clarifying the buffer zone provision.

CM Nakamura presented an outline of an amendment she has been working on with CM Yukimura that also addressed the EIS portion of the Bill and established a process they feel better accomplishes the end goal of obtaining good data upon which to base future decisions.  While I believe the essential elements of their proposal as presented have merit, the details and language of the actual amendment were not ready for final review at yesterdays meeting.

 CM Yukimura also presented for discussion two additional amendments: One of which was a minor variation of the experimental pesticide amendment I had suggested and the second of which proposed to remove in its entirety that section of the Bill that would require companies growing GMO crops to obtain a County permit containing permit conditions governing those operations.  Needless to say Council member Bynum and I both argued against this proposal.

 CM Rapozo while offering no amendments spoke at length about the need for the State to step up to the plate and indicated that he is requesting that the Department of Agriculture agree to cooperate with and allow the County to enforce existing pesticide laws. 

 CM Kagawa indicated that he was prepared to vote on Bill 2491 immediately.  From past statements it seems clear that he is not in support of the measure.  To be clear, as the Bill moves forward, any and all council members may shift positions.

Non committee member CM Furfaro who is the Chair of the full Council submitted a large stack of letters he has written to State and Federal authorities requesting assistance.  He also indicated his desire that all amendments to Bill 2491 be done in the committee and not at the full council which would ultimately hear the measure.

 While at first glance the progress or lack thereof at yesterdays committee meeting is a bit disheartening, at the end of the day the glass still appears a little more than half full.

Remember 4 votes are needed and CM Bynum and I are two.  CM Yukimura has said publicly that she supports disclosure, buffer zones and some sort of study.  CM Nakamura has said she supports some sort of study and she asked industry representatives very good and pointed questions yesterday such as “Would you offer the public the same notification as you now offer your employees?”  Near the end of last nights meeting CM Rapozo also seemed to say that he would support the Bill if the State does not come through as he is hoping.

I remain hopeful that all of my colleagues recognize the importance of passing a strong and meaningful Bill 2491. 

The bottom line: All members of the committee have pledged to have all of their amendments ready and they will be prepared to vote on September 27.

The real bottom line: This issue will not go away and in fact will only grow and fester unless and until our County deals with it in a meaningful manner.   While we can and should press the State and Federal agencies to do more and yes we can and should facilitate a community process to explore the issues – at the end of the day our citizens deserve the right to know. 

I and many others – doctors, nurses, teachers, workers, farmers, students, mothers, and fathers from all parts of our island – believe that the industrial agricultural activities being conducted by these corporations are causing real and tangible harm to our communities’ health and to our natural environment.  We deserve the right to know, we deserve the right to say stop spraying your chemicals near schools, hospitals and homes and we deserve the right to stop the expansion of these operations until the impacts have been independently evaluated.

Imua.  gh

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Next Steps For Bill 2491 – September 9 Committee Meeting

Posted on September 2, 2013 by garyhooser

On the morning of Monday September 9, the Kauai County Council’s Committee on Economic Development (agriculture and sustainability) and Intergovernmental Affairs will conduct its next review and discussion of Bill 2491. The meeting will likely start at approximately 8:30am or shortly thereafter.

At this meeting it is expected that committee members will continue in a similar format as was conducted at the August 5 committee meeting by participating in a Q&A with various resource persons, stakeholders and community members. As is always the case, public testimony will also be accepted.

It is also likely that amendments to the Bill will be proposed by various members. Some amendments will be in the nature of “housekeeping” such as the clarification of definitions, and other amendments may propose substantive changes to the Bill. Some amendments may be intended to strengthen the Bill and others intended to weaken and/or simply to clarify.

There are 5 members on the committee (Yukimura, Kagawa, Rapozo, Nakamura and Hooser) and any three members voting in agreement can successfully amend the Bill.

Amendments are a normal part of lawmaking. While much thought was put into the original drafting of the measure, after extensive public testimony and additional research it is normal that amendments be proposed to reflect concerns and suggestions expressed during the process.

I expect that some amendments will be voted on during the September 9 meeting and it is possible that the “full Bill as amended” may also be voted on. It is also possible that a majority of committee members may decide to vote on “minor or housekeeping amendments” and defer for an additional time period (two weeks would be customary) the vote on substantive amendments that might deserve additional thought and review.

It is important to note that because of Sunshine Law provisions, committee members will not have been given proposed amendments in advance and will be seeing these proposals for the very first time at this committee meeting.

So it is reasonable that some members of the committee might want additional time to think about substantive changes that might be proposed and thus request a two week deferral providing additional time to review prior to a vote.

However it is also reasonable to expect that other members might want to fully complete the amendment process on September 9, vote the amended Bill out of Committee and on to the full Council on this same day, and avoid further extensions of the process. If this happens, the Bill would then be scheduled to be heard by the full Council where it could be further amended (made stronger or weaker or further clarified) and ultimately voted on to pass into law in its amended form, or not.

In summary: The three possible paths the Committee may choose on September 9 are as follows:
1) Vote to amend Bill 2491 and then vote to approve the amended Bill and send it to the full Council for possible further amendments and a final vote.
2) Vote on minor or housekeeping amendments to Bill 2491 and then defer voting on substantive amendments until the next committee meeting (likely two weeks later).
3) No vote at all and a continued deferral. While an additional two week deferral to allow members additional time to continue their fact finding would not be an unreasonable request – an extended or indefinite deferral without allowing a full vote on the merits would be politically untenable and an option I do not believe committee members would entertain.

But in reality: Anything can happen on September 9.

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A Short History Of Yesterday – Bill 2491 Relating to Pesticides and Genetically Modified Organisms

Posted on August 6, 2013 by garyhooser

SB2491 has been deferred until September 9th when a meeting of the Economic Development Committee of the Kauai County Council will hold its second hearing.  This is confirmed and will not change.  The exact time and location will be announced within 6 days of the actual hearing date but the hearing will be held.

After a full day of what I believe was useful and very enlightening testimony by numerous very qualified individuals, I requested that the committee schedule its next meeting on or about August 19th to continue the process of gathering information, evaluating the Bill and perhaps work on any amendments that might be necessary.

Co-introducer Council member Tim Bynum spoke in support of my request but is not a member of the committee and thus could not vote at this meeting.  Vice-Chair of the Committee JoAnn Yukimura and the other non-committee member Council Chair Furfaro were both unable to remain until the end of the meeting due to other pressing matters and did not participate in the final discussion.

In response to my request, Council member Kagawa supported by Council member Nakamura expressed their strong reservations about the legal viability of Bill 2491 and suggested the process be put on hold for at least 60 days pending a final legal opinion from the County Attorney and an opinion from the State Attorney General.

I argued against the suggestion put forth by my two Council colleagues and suggested that we keep working on the measure with an intention of improving and strengthening both its legal and its substantive merits.

In my opinion, successful requests for extended deferrals awaiting legal opinions or perhaps pending some amorphus study or round table discussion will in effect “kill the Bill by deferral”.

Council member Rapozo also expressed his reservations about the possibility of legal challenge and suggested that we compromise with a 30 day deferral.  I agreed to this suggestion but indicated my support was conditioned upon the members returning on September 9 prepared to vote up or down.  While my request is not binding on the members, Council member Kagawa indicated after the meeting that he would commit to voting on September 9.  A committee vote on September 9 regardless of outcome will ensure that Bill 2491 moves to the full council where every member may participate and vote on the final version of the measure.

The fundamental legal issues have not changed since the Bill was originally introduced.  Numerous lawyers from local, statewide and national law firms have reviewed Bill 2491 and found it to be legally sound.  The agrochemical company attorneys whose job is to protect the interests of their employers and who are backed by unlimited resources are threatening to sue the County should we pass the Bill.

Bill 2491 contains basic and modest provisions designed to increase environmental and health protections while having minimal negative impacts on industry.  We are now being threatened by these companies who continue to oppose every single provision.

That these companies would threaten to take the County to court to fight for their right to spray toxic chemicals next to schools and hospitals is an indication of their corporate values and represents the mindset underlying every decision they make.   Why do they do it?  Because they can.

I learned about bullies in high school.  You first try to reason with them; perhaps gain their friendship and respect.  Then you try your best to ignore them and stay out of their way.  But when they push you, you push them back.  Pretty soon they stop pushing.

The fundamental premise of Bill 2491 has not changed:  The people of Kauai are concerned about the excessive application of highly toxic restricted use pesticides and the related agricultural practices conducted by the agrochemical companies. There is tangible and scientific evidence that supports these concerns.  It is the duty and obligation of the Kauai County Council to take proactive meaningful action.

I will continue to request that my colleagues allow the process to continue to a final vote of the full council.

As a result of the ongoing review and public discussion amendments will likely be introduced to narrow the focus in some areas, to clarify definitions and to resolve various issues and concerns that have been brought forth.

This is a customary and natural part of the process.  Killing a Bill based on legal technicalities prior to making a good faith effort to resolve those concerns, is essentially a statement of nonsupport for the underlying substance and intent.  I understand this and acknowledge the rights of individuals not to share my particular point of view, but I am asking that this conversation be allowed to occur and the public process be allowed to proceed.

This is an important issue. At the end of the day each council member should be allowed to cast a public vote, yes or no on the passage of Bill 2491.

*Note – I will not allow comments that disparage anyone.  Please keep all comments respectful.  I believe that individuals can look at the same issue and see things differently.  Please honor that belief.

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Bill 2491 – What’s next? – The Process

Posted on August 4, 2013 by garyhooser

Bill 2491 is scheduled for tomorrow Monday August 5 at 8:30am in the Historic County Building on Rice Street in Lihue – The Kauai County Council Committee on Economic Development (Sustainability/Agriculture/Food/Energy and Intergovernmental Relations).

The public is invited and welcome to attend.

It is anticipated that the meeting will begin with a private executive session attended only by council members, county attorneys and council staff.  At the conclusion of this executive session the council members will resume the meeting in open session and spend significant time discussing various aspects of Bill 2491 engaging in Q&A with various resource persons who will be present (legal, science, etc).

At the end of the initial discussion and Q&A segment, public testimony will be accepted.

Because of the nature of the Q&A discussion, there is no way to accurately predict at what point the public testimony segment will begin or end.

This Committee is comprised of 5 members.  The Chair of the Committee is CM Gary Hooser, the Vice Chair is CM Yukimura and members include CM Nakamura, CM Rapozo and CM Kogawa.  CM Bynum and Council Chair Furfaro are not members of the committee and cannot vote at the committee level but are likely to attend and participate in the discussion.

Council members are still gathering information and digesting the volumes of testimony that have been submitted. It is likely that some members will in the future be suggesting amendments to the Bill and but have not had time to adequately prepare those amendments up to this point in the process.

I believe all issues which have been raised during this process can and should be worked through now, within the context of Bill 2491 and via the community process now in place and fully engaged.

The purpose and goal of Bill 2491 is to further protect the health and environment of our community.  The Bill was drafted with a further specific intention to have minimal impacts on the existing operations of impacted industries.

It is my belief that a majority of the committee members share this goal and are committed to seeing the process through toward a positive resolution.

I believe that the time to deal with this issue is now.  The dialogue and the learning will be ongoing, but further community protections protecting health and the environment must be put in place now.

Amendments are an essential and normal part of the process.

It is expected that at some point in the future each member who is supportive of the Bill will offer amendments intended to strengthen, weaken or to clarify existing provisions – depending on the particular members’ perspective and concerns.  It is already obvious from the public dialogue that the buffer zone component may need to be amended to assure the provision does not excessively impact industry activities yet still provides the necessary community and environmental protections.  An example might be an amendment to expand buffer zones around schools, hospitals and homes while clarifying that the buffer zone requirement does not apply to interior private roads and irrigation facilities that are not streams and do not empty into the ocean.

Welcome to the world of public policy making and grass roots democracy.  Thank you to all who are willing to invest the time needed to learn about the process, take ownership of their local government and to work and fight hard for what they believe in.  Imua!

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It was safe until it wasn’t. Powerful Personal Testimony In Support Of Bill 2491 – Must Read

Posted on July 28, 2013 by garyhooser

Actual testimony that was submitted to the Kauai County Council in support of Bill 2491 – published with permission

My name is Janine Lynne, I am a resident of Kauai, a small farmer, a mother and a grandmother. I have been growing food for my family since my daughter was born 30 plus years ago, and have been farming full time since 2000. I learned how to grow food from my grandmother, how to save seeds, when to plant and fertilize, when to pick and how to store. My lessons from her guided me as I learned how to grow food in frozen Montana, foggy Washington, hot arid Oregon and rich, fertile California, and now humid and warm Kauai. But wherever I was there were certain rules – one of the most important is to know your soil. Know what is in it, know what is not in it, and care for it – if your soil is healthy your crop will be healthy.

In 1997, I was in graduate school working toward my masters in social work, I have a BS degree in child development and worked with children with disabilities and their families. My then 4 year old son developed a virus he couldn’t shake. We went through several rounds of various anti viral/biotic drugs trying to kick it, but they did not make a difference. Finally, our family doctor ordered a blood test to try and find out what was going on, and immediately sent us to the hospital. Further tests showed his bone marrow was packed with 92% cancerous cells which had started spilling into his joints of his little knees, he had acute lymphocytic leukemia. We spent the first month after his diagnosis in the nearest children’s hospital, and it was there a friend started sending me news clippings from where we had recently moved, Bellingham, Washington. In a rural, agricultural community where statistically one child should have developed leukemia, there appeared to be a growing cancer cluster. Our son was part of 17 children under the age of 15 who developed leukemia within a 2 year period, the largest cluster of children were under 5 years old.

This began my research into the world of pediatric cancer, pesticides, epidemiologists, chemical companies, farm bureaus, and lobbyists. What was known was that as the largest area of raspberry production in the U.S., the farmers greatest threat came from nematodes. The way they knew to attack these nematodes was to saturate the soil with a pesticide, and they tried many over the years. Several, including ethylene dibromide, eventually soaked their way into the water system. All the pesticides were at one time considered safe to use, were regulated and were applied according to the current rules and restrictions. By the 1990’s several were no longer considered safe and had been removed from the market.

We drank filtered water, I grew peaches, apples, strawberries, raspberries, tomatoes, carrots, squash, herbs, and bought the rest from local farmers markets. We ate a lot of fish which we could get local and fresh from the boat. After my son was born I would bathe him every night in the water that was known to be contaminated, known by those in agriculture and elected leaders in Bellingham, but not the people in the community. I believe we had the right to know, but the community leaders decided we did not.

The cancer journey my son endured is now his story – treatment for childhood cancer is not pretty, as brutal as treatment is for adult cancer it is far worse for children. At 4 years old it was not his fault, he didn’t smoke or drink, he didn’t work at a gas station (benzene is the only “known” carcinogen for leukemia), but his mom did give him a bath every night. My choice of becoming a full time farmer was based primarily to be there for my family, for my sons three years of chemotherapy, for quality of life and the lifestyle that comes with farming, and to provide my family with healthy, nutritious food. I loved the work I did before I became a full time farmer, but I have never regretted the choice to farm. Of the series of events that led me here however, I do regret not having the choice of how I would use our contaminated water.

You have a choice now, you can pass a bill that requires these companies to tell the community what they are spraying, where they are spraying it, and when. There are many reasons they resist telling this information, and one of those reasons include the potential for cancer clusters down the road and their liability. All you have to do is read the warnings on the labels, they know some of the risks are real. I know that now too, I have lived it. By shining daylight on their practices it might alter some of their choices, especially near the schools. Or the community – once informed – could decide they want them to change their practices and put the children first and expand a buffer zone. I don’t know. But I do know that the pesticides that caused the cancer cluster that my son was in were regulated and deemed safe, until they weren’t. If I could do anything at all, have any superpower, I would make it so that no one else hears the words that their 4 year old child has cancer. This bill is one small step that could have real potential to protect our children at little risk or change to the ag/chemical companies.

We have the right to know.

Mahalo for your time,
Janine Lynne
Black Dog Farms Kauai

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The Truth About Bill 2491 Relating to Pesticides and Genetically Modified Organisms

Posted on July 20, 2013 by garyhooser

As the author of Bill 2491 relating to Pesticides and Genetically Modified Organisms, I feel compelled to address the tremendous amount of misinformation being generated in the community as to its impacts and effects on our island community.

To be clear – Bill 2491 does not ban GMO’s and will absolutely not force or cause the closure of any GMO operation on Kauai.

Further – Bill 2491’s pesticide provisions apply only to commercial agricultural operations that use large amounts of Restricted Use Pesticides (RUP’s). 99% of these very toxic substances are used by just 5 companies on Kauai. The GMO companies apply approximately 18 tons of over 22 different types of highly restricted chemicals every year to their fields all over our island. These chemicals have warning labels that sometimes exceed 100 pages and many are banned in Europe and elsewhere in the world.

No one else on Kauai uses these RUP chemicals at any level even close to what is being used by these agrochemical operations. The GMO companies use 18 tons per year. All golf courses combined on Kauai use annually about 200 pounds of RUP’s total. While the State and County does utilize “general use pesticides” such as Round Up they do not use RUP’s at all in their roadside spraying.

No small farms will be impacted by Bill 2491 whatsoever because they simply do not use RUP’s at any significant level at all.

These same GMO companies are conducting experiments with pesticides and genetically modified organisms not approved for human consumption, nor approved for release into the open general environment. While these companies often deny this fact, I have clear and unequivocal documentation to prove this assertion.

Year after year, these large agro chemical corporations dump over 18 tons of 22 different types of Restricted Use Pesticides and an additional estimated 80 tons of General Use Pesticides (glyphosate, Round Up and other) into the Kauai environment. These toxic chemicals are often applied in fields near schools, hospitals, houses, streams and sensitive coastal environments.

There have been no studies, no research and no evaluation of what impacts this activity has on our community’s health and natural environment. There is no law in place at the present time that requires these companies to disclose the large amounts of toxic chemicals they use daily in our community. Nor is there any law in place today that prevents these same chemicals from being used in areas adjacent to schools, hospitals and other sensitive areas.

The heart of Bill 2491 is the “right to know”. Kauai’s people have the right to know what pesticides are being used in very large quantities and what experimental pesticides and experimental genetically modified organisms are being used in our County.

If passed into law Bill 2491 will:

1) Require mandatory disclosure of Pesticide and GMO use by large commercial agricultural entities and require a buffer zoned around schools, hospitals and other sensitive areas. This applies only to large users of Restricted Use Pesticides and will not affect small farmers at all.

2) Prohibit open air testing of experimental pesticides and experimental GMO’s. Note: This does not ban the testing but merely requires that it be conducted in an enclosed environment.

3) Establish a temporary moratorium on new GMO operations pending the results of an environmental impact statement and development of a permitting system. Note: This does not impact existing operations but only impacts expansion during the limited moratorium period.

4) Require the County of Kauai to prepare an Environmental Impact Statement (EIS) on the impact of the GMO industry and its related pesticide practices within Kauai County. This will include independent testing of soil, water, air and volunteer residents.

5) Require a permitting system for GMO operations and establishes penalties.

6) Provides that all costs may be paid for via permitting fees assessed on those companies being regulated and via property tax directly connected to their operations.

Bill 2491 has been reviewed by numerous legal experts and has undergone many revisions during the drafting process. The County of Kauai has the legal authority to pass and implement the provisions contained within this measure. Nothing in federal or state law prevents us from taking this action and in fact both existing law and past court decisions support our right to protect the health and natural environment of our county.

Without question our community is growing increasingly concerned about the impact of the GMO operations and their related pesticide use on our island. This is a Kauai issue concerning activities and impacts that are occurring on Kauai.

Growing and experimenting with genetically modified organisms, using experimental pesticides and spraying a wide array of restricted and non restricted pesticides on a mass scale have impacts on our island, our health and our environment. There are direct impacts, secondary impacts and cumulative impacts but we don’t know what those impacts are because they have never been properly evaluated – and the companies in question will not give us the information needed to make a proper evaluation.

As an elected member of the Kauai County Council I am committed to working with my colleagues on the Council whom I know share my concerns, to pass into law an ordinance that will in fact further protect the health and safety of Kauai residents.

Please participate in the process and send your testimony to counciltestimony@kauai.gov and please take the time to attend the public hearing scheduled for 1:30pm on July 31 at Kauai Community College.

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Testimony on SB586HD2 relating to exempting gmo and large agribusiness infrastructure – Oops! Must have been a freudian slip…the actual title is Relating to Agricultural Building Permits

Posted on April 18, 2013 by garyhooser

This measure SB586HD2 is scheduled for today Thursday April 18th. I am supporting the HD1 because it allows the Counties discretion to exempt only small structures on small farms.

Aloha Conference Committee Members and Legislators,

I respectfully ask you to look closely at SB586HD2 that exempts agricultural structures regardless of the nature of their purpose or their location, from complying with County building codes and permits.

Yes, this measure is framed around helping small farmers install green houses, shade house, small sheds and indigenous Hawaiian Hale “which by their nature or location pose little risk to life or property”.

In reality though, SB586HD2 mandates that the Counties extend the exemption from building codes and permits to an extremely wide array of improvements that will include pesticide storage and delivery systems, facilities that house experimental genetically modified organisms and other large industrial agricultural infrastructure. These exemptions are broad based and translate to mean that multimillion dollar agrochemical corporations will not only be exempted from obtaining building permits, but will not even be required to comply with County building codes.

While existing language states “storage of hazardous materials shall comply with any and all applicable statutes, regulations, and codes” – It is unclear whether this means “all other codes and statutes except County building codes and permits”.

In addition, this provision does not apply to the storage or deliver systems of pesticides, nor does it apply to experimental genetically modified organisms or imported non-native species of algae, fish or other marine species that may be involved in aquaculture activities. Structures and infrastructure serving these operations would be exempt from County building permits and code, regardless of the nature or location of their operations.

SB586HD2 does not provide any discretion whatsoever to the Counties. So whether or not a proposed structure will pose a risk to life or property – it does not matter as the structure will be exempt without any oversight that would normally occur via the County building permit process.

Please review closely SB586HD2 and consider adopting the HD1 instead. The HD1 supports the intent and directs the Counties to adopt an exemption list, but allows the counties discretion in determining what type of structures are to be included and in fact unlike the HD2 does allow the Counties to craft specific exemptions so they will protect “life and property”.

In conclusion, I must formally object to the lack of public notice given by the House CPC Committee on 4/3/2013. The record indicates that after deferring the measure on 4/01/13 SB586HD1 was scheduled for re-consideration of decision making at 2:15pm on 4/3/13. I am signed up for the online “automatic hearing notifications” and received my electronic notification only minutes prior to the 2:15pm meeting. It is my understanding that this lack public notice does not meet the State of Hawaii constitutional requirement for public decision making by a legislative body.

Gary Hooser

Councilmember – Kauai County

http://www.garyhooser.com

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An open letter to friends and former colleagues in the Senate:

Posted on March 13, 2013 by garyhooser

March 13, 2013

Aloha Friends and Former Senate Colleagues,

Good policy plus good politics – that elusive holy grail each of us who serve in public office seeks every day. What can we do that will make our communities better and that the people will love? What can we do that is meaningful, that is more than just grinding through the minutiae that is the sausage factory of lawmaking?

Being first in the nation to take a bold step on the important issue of food labeling is that win-win that is so hard to find in lawmaking.

Yes, 5 agrochemical companies will be disappointed. But, the sky will not fall, the industry will not collapse, the people will love you for it and it’s the right thing to do.

I write today to respectfully ask that you give positive consideration to hearing and ultimately passing into law HB174, thus allowing Hawaii residents the opportunity to make informed decisions about the foods they eat.

HB174, like so many Bills now in the pipeline, is acknowledged to be imperfect and a work in progress. As we all know however, the measure could be easily amended and made whole.

A majority of people clearly want an opportunity to choose. While the debate over health aspects of GMOs will no doubt continue, the fundamental question today is not whether transgenic foods are healthy or harmful, but whether people are entitled to make an informed choice.

The agrochemical companies are fond of saying that GMO foods are “nutritionally substantially equivalent”. Horse meat may very well be “nutritionally substantially equivalent” to beef, but I still don’t want to eat it.

Adding the letters GMO just ahead of MSG and Red Dye #3 will cost nothing.

63 countries around the world including all of Europe, Russia, China, Japan, Australia and New Zealand already require mandatory labeling of GMO products.

The grocery chain Whole Foods has just announced it’s requiring suppliers to label all GMO products by 2018.

Hawaii should do the same. Put the onus on the industry to label within reasonable parameters as have been done elsewhere. Set out a reasonably effective date that will allow the GMO foods now on the shelf to be eaten and replaced by those properly labeled.

Good policy and good politics; it’s a rare combination.

I encourage you to go for it 

Respectfully. Gh

Gary Hooser
State Senator (2002 – 2010)
Kauai County Council (present)
Chair Agriculture/Sustainability Committee

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