Testimony on HB97 New GMO – Permit Required

Posted on February 3, 2013 by garyhooser

Testimony from: Kauai County Councilmember Gary Hooser

Re: HB97 Agriculture; Genetically Modified Organisms: Quarantine

Hearing: Monday February 4, 2013 Committee on Agriculture

Position: Strong Support – Suggest Amendments

My name is Gary Hooser, I am an elected member of the Kauai County Council and am speaking today on my own behalf as an individual.

I am in strong support of this measure which requires a permit prior to the importation, introduction or development of a new genetically modified organism into the State of Hawaii.

It is important to point out that this measure if passed into law impacts only “new” genetically modified organisms and thus will not significantly affect the existing operations of companies now operating in Hawaii. 

The importation, introduction and development of new transgenic life forms into Hawaii’s fragile and unique environment deserve the highest level of scrutiny.  The jobs and economic activity generated are important components in the decision making however the health and welfare of Hawaii’s people and environment must take precedence.

It is a given that lobbyists for the GMO industry and supporters of industrial farming will be submitting testimony claiming that “the sky is falling” and that passage of HB97 will severely and negatively impact their business, cost jobs and drive these companies to other friendlier locations –  

However, the requirement of obtaining a permit and undergoing a basic level of review by a State regulatory agency that includes a single public hearing is by no stretch of the imagination an onerous or excessive requirement.  Given the potential severity of the consequences should there be accidental release of a new plant or animal transgenic species mutation into our natural environment; I do not believe a single public hearing is too much to ask.

While I strongly support HB97, I also strongly suggest that the measure be amended to explicitly state that as a condition of a permits approval the department shall require a HRS Chapter 343 environmental review demonstrating that there will be no significant environmental impacts and/or recommending adequate mitigation measures to ensure proper environmental protections.

The potential impacts that could result from the importation, introduction and development of new transgenic life forms into Hawaii include impacts on existing endangered species, existing conventional and organic agricultural operations and the health impacts on local residents that may arise from increased use and related testing of pesticides/herbicides.

On Kauai there are presently 4 major companies engaged in the importation, introduction and/or development and propagation of genetically modified organisms.  These companies utilize over 12,000 acres for their industrial farming operations focused on the development of transgenic crops, 80% of which are not intended for human consumption.  Much of the land in which this activity occurs is in close proximity to the homes of residents and along sensitive coastal areas.  The impacts from these industrial farming operations on local residents and on Hawaii’s environment has never been properly studied or evaluated.  No one really knows the totality of what is being grown or what is being sprayed into the air, onto the soil or what is being washed into our streams and water systems.  As a council member on Kauai I am presently asking these questions and though I have been told the information is available and is forthcoming, I have yet to receive anything.

* There are currently two lawsuits pending on Kauai representing over 200 west-side residents alleging negative health impacts from the pesticide laden dust caused by companies engaged in the development of these transgenic crops.

* Less than one year ago there was a “sea urchin die-off” estimated to include over 52,000 sea urchins that occurred in near shore waters that receive the run-off from these operations. 

* Students and teachers from the Waimea Canyon School have become ill and been transported by ambulance to nearby hospitals on several occasions. Though no scientific evidence has proved that the illness was a result of the industrial farming of genetically modified organisms, the lands adjacent to the school were at the time of the incidents under the management of these companies.

* The coral reefs surrounding Kauai are presently “sick” and scientific experts are clear that Kauai’s near shore water quality is severely degraded with the consensus being it is from a combination of factors that include pesticide and fertilizer run-off.

A growing number of residents from around the state believe that their health and the natural environment of our state is being negatively impacted by the importation, introduction and development of genetically modified organisms and the industrial farming operations that accompany their development.

It is governments’ role and fundamental responsibility to protect the health and welfare of the people and of the aina.

The passage of HB97 is a small but significant step toward fulfilling this role and responsibility and I urge the committee to pass this measure and consider the amendment as suggested.

Respectfully,

Gary Hooser

Councilmember, Kauai County

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Why I Do What I Do

Posted on January 31, 2013 by garyhooser

Why I Do What I Do

Many people ask me “Why I do what I do”.  Below is one of the big reasons why.

This is an email received a few days ago from a young man I met while having a Mai Tai at the Tahiti Nui with visiting friends and family.  This was a random conversation that occurred over the space of about 15 minutes with this young man whom it is likely that I will never see again.

Sometimes I speak of being caught in a “positive feedback loop”.  This is a wonderful example of that loop.  Little does this young man know that his comments to me, are perhaps as motivating to me as mine were to him.  gh

************************************************************
1/29/12

Senator Hooser,

I meant to write you sooner but have been pretty busy since I hit the mainland…

I know you’re just a state senator, just kidding, but as a veteran and disgruntled American it was truly an honor to meet you and the company you kept. It’s not every day someone like me gets to have Mai Thais with a politician.

I joined the U.S. Army Infantry in 2004, deployed to Afghanistan in 2006 and Iraq in 2008 finally was honorably discharged in 2009. Now I’m a full time student majoring in photojournalism and documentary film, graduating in April with a baby on the way, man how things change. When I decided to join the service I had every intention of becoming a career officer and possibly pursuing politics, I still have the copy of my career plan from the sixth grade saying I wanted to be a distract attorney, I watched a lot of Law & Order as a child. I digress.

Over the years my love for country and service faded. Once I got out of the Army it all but disappeared. My fiancé can attest to my distrust and frustration with our democratic and legislative process. Even after having served in the United States Military I chose not to vote on anything this year, a decision I deeply regretted after our encounter, as brief as it was. I made this decision out of frustration, that’s the way young minds work I guess, and the feeling that I and so many other veterans have been used by the system; in turn I didn’t want to take part in the system.

What our conversation and listening to you talk taught me was pretty simple; Our system of democracy will only get worse if we don’t exercise our rights and our communities are one of the most important places to do so. As you said ‘It takes a majority’ and ‘serve the people where you were elected’ (paraphrase).

So I wanted to write you and say thank you. Thank you for listening and taking the time to talk with us, I needed it. My father has always told me never to trust a politician, now I think there might be a few out there worth trusting. Thank you to Mrs. Hooser as well, I can tell you’re the brains behind the operation.

Hope to meet again someday.

Best Regards,
XXXXXX  XXXXXX (I did not ask him for permission to print his name)

Note: I explained to him that I was a former Senator now serving on the County Council but he apparently did not catch that early part of the conversation or chose to still refer to me as Senator, which many people do.

—
Gary Hooser
GaryHooser.com

808-652-4279
Gary Hooser’s Blog https://garyhooser.wordpress.com/

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A Million Little Fists – January 16, 9:30am Hawaii State Capitol

Posted on January 6, 2013 by garyhooser

Facebook message conversation with a friend a few months ago:

10:18am
Friend
I am pissed with the current state of our government.

11:59am
Gary Hooser
Then…what you gonna do about it?

1:53pm
Friend
Wave my little fist.
5:11pm
Gary Hooser
🙂
7:13am
Gary Hooser
A million little fists waving in unison can have a huge impact. Keep it waving. When you get tired of waving, pound it against governments door. Pound it in the face of corporate greed and abuse. A million fists pounding on governments door and in the face of corporate greed and abuse can perhaps change the world.

***Please friend, join with me in waving our little fists together and sending a message that is loud and clear on January 16 at 9:30am at the State Capitol. It is opening day of the Hawaii State Legislature and the most important day of the year to send a message to all lawmakers.

Please, show up.

Show up to send a message that it is not ok to pass laws that take away the publics right to participate in the process.

Show up to send a message that the PLDC must be repealed, that environmental and public interest laws must be embraced, not circumvented.

Show up to support the labeling of GMO products and to show that this movement is real and is not going away.

Show up for Hawaii and for Hawaiians.
Bring the keiki and kupuna too. Call in sick. Skip class. Hitch-hike, car pool, ride the bus, scrape together the airfare if you are able but please show physically, if at all possible. Neighbor-islanders who are unable to fly over, please call and email your lawmakers in support at the same time. Email Senators at sens@capitol.hawaii.gov and Representatives at reps@capitol.hawaii.gov

No excuses please. We are all busy. We all have other jobs and other responsibilities.

This is important.

Imua!

*For those that enjoy a nice morning stroll and do not want to hassle with parking. There will also be a contingent marching from the University of Hawaii at Manoa, departing UH at 8:30am and walking down Beretania Street.

More info is here: http://www.facebook.com/events/140220422800531/?suggestsessionid=13679335591357501966

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The Bike Path, The Beach And The Sunshine Law

Posted on December 13, 2012 by garyhooser

Interesting first week on the Council. Discovered some new interpretations and new twists and turns in Hawaii’s famous Sunshine Law. Yesterday I decided to put into writing to Mayor Carvalho, my objection to the County constructing a concrete pathway directly on to the beach at Wailua (see attached pdf letter below). The Mayor has announced his intent to start construction after the first of the year and so there is some urgency in expressing my opinion on the matter, especially since it is unlikely the Council will address the issue prior to the planned start date. Kauai’s multi-use bike/walking path presently stretches several miles down the coast from Lydgate Park to Kealia and beyond and the County administration is proposing to construct a “temporary” path way made up of concrete slabs, directly on the sand and adjecent to the existing highway. Needless to say the public opposition is loud and clear with reasons extending from possible social and cultural impacts to the certainty of sea-level rise.

So, sans the opportunity to express my concerns in a regular council meeting I drafted a formal letter to the Mayor with the intention of ccing my fellow council-members so that they would be informed of my action. I was promptly made aware that I could not cc my council collegues as that would be a violation of Hawaii’s Sunshine law and might be considered a form of “serial communication”. I argued that I was merely informing the other council-members of my action as a courtesy and was not discussing policy, nor asking for their opinion, nor asking them to take any action whatsoever. Nevertheless, I was told sending the other council-members a copy of my letter to the Mayor was forbidden. Rather than argue the point I acquiesced and agreed not to provide my colleagues with a copy of my letter.

But sadly, the plot now thickens further. Council staff then informed me that it was the established protocol that I transmit my letter to the Mayor “via the Council Chair”. When I asked further about this protocol, I was told it was the established procedure to avoid the Mayor being sent multiple sometimes duplicative requests by various council-members. I then pointed out by sending my letter via the Council Chair, it then precluded me from discussing the issue with any member of the Council other than the Chair because the Sunshine Law forbids “serial communications” between more than two members when discussing policy issues or County business.

“Yes, regretfully this is true”, I was told.

Needless to say, in the interest of time – I sent the letter according to protocol and according to the County Council interpretation of the Sunshine Law. My next letter is to the Office of Information Practices (OIP) to determine if in fact it is against the law for me to cc other members of the Council when I send out such a letter. If so, I guess I will have to just rely on this blog to keep council-members and the entire world, informed of letters that I write. 🙂 http://tinyurl.com/awbh2lw

HooserlettertoMayormultiusepath

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PLDC creation was a slap in the face of the public and state Constitution

Posted on November 25, 2012 by garyhooser

The Public Land Development Corporation (PLDC) was created by the legislature in a manner that at best was unprincipled and at worst corrupt and illegal.

Those responsible owe the people of our state, first an apology, and then a complete repeal.

SB1555, which became Act 55 and created the PLDC, was introduced in the Senate on January 26, 2011. Initially, while establishing a quasi-independent development corporation intended to maximize the development and revenue generation of public lands, SB1555 did not contain broad exemptions from land use laws. Also when first introduced the original PLDC Board included full neighbor-island representation.

As if by design, on March 18, 2011, after sailing through the Senate with only minor amendments and no controversy, the House Water, Land and Ocean Resources Committee (http://tinyurl.com/dyg32jn) inserted the exemption provisions and stripped away neighbor-island representation on the PLDC Board.

The only opportunity for public input in response to these critical amendments was on April 7, 2011 in the House Finance Committee (http://tinyurl.com/d4ujr97). It was here that Finance Chair Marcus Oshiro with the approval of Speaker of the House Calvin Say, waived the normal 48-hour public notice rule and gave Hawaii residents only 115 minutes public notice to offer their mana’o on a measure which could dramatically accelerate the development of public lands statewide.

These two maneuvers executed quite deftly by the House, enabled the measure to reach the all important joint conference committee without incurring any serious public scrutiny. Once in “conference” where public testimony is not allowed, the final work on the establishment of the PLDC was a fait accompli.

The full legislature passed out SB1555HD2CD1 on May 5, 20111, which created the PLDC, took away “home rule” from the Counties and granted the PLDC and its private partners extraordinary powers over the development of public lands. They made the development of public lands exempt from all County zoning, planning and land use laws, gave all of the power to control this development to three appointees of the governor and took away all neighbor-island representation on the PLDC Board. Along the way, the House Finance Committee said effectively “oh by the way if you don’t like it you have 115 minutes to get down to the capitol and provide testimony – and if you live in Puna, Hana or Kekaha…too bad.”

The Hawaii State Constitution states “Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.”

The House Finance Committee essentially thumbed its nose at the constitution and at the general public – claiming it held a public meeting yet making it impossible for the majority of the public to attend, or in fact to even know that the meeting was being held.

The legislative history of the PLDC represents a shameful and incredibly arrogant attitude of entitlement by many at the legislature. The public is seen as a bothersome impediment and rules are seen as obstacles to be circumvented whenever possible.

PLDC proponents talk of the requirement to coordinate with Counties and gain approval from agencies. But they don’t talk about the pressure that will be applied should any County or agency oppose a project or resist “going along to get along”. Even now the Counties are being told to resist opposing the PLDC otherwise they risk a reduction in their Transient Accommodations Tax revenue.

In the halls of the capitol they call this leverage.

It is no wonder people are outraged and demanding a repeal.

The above was published in the Honolulu Star-Advertiser Sunday November 25, 2012

Gary Hooser is on leave as Director of the Office of Environmental Quality Control, formerly represented Kauai and Ni’ihau in the Hawaii State Senate and recently won election to the Kauai County Council. The above remarks are presented on his own behalf and do not represent any official position whatsoever.

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On plunking, block voting and other such Kauai County Council voting strategies

Posted on October 14, 2012 by garyhooser

The absentee ballots have been mailed, walk in voting starts on October 23 and emails and blog postings are already promoting strategies and suggestions on how to get your favorite Kauai County Council candidates elected.

I am compelled to explain the importance of block voting, plunking and in general resisting the urge to go “eeny, meeny, miney, moe” and expending on November 6 all seven Kauai County Council votes – some votes on candidates you really want to see in office and other votes on candidates that are “ok” or whom you are not really sure.

The fundamental rule of akamai Kauai voting is: Do not use all 7 votes when choosing your Kauai County Council candidates. Unless of course you feel equally supportive of all 7 candidates you choose…or perhaps have your own strategy you believe in.

The ballot will say “vote for up to 7” or similar language. Experienced Kauai voters will use their Council votes sparingly, selecting only those candidates whom they really and truly and positively want to get elected. These voters might cast one vote or perhaps up to 4 votes but rarely do they go beyond this number.

An example of how casting all 7 votes can work to the detriment of the candidate or candidates you are most interested in getting elected: There are 9 candidates running for the 7 Council seats. The council candidates’ mother goes to vote. She votes for her child (naturally) and then pauses and decides to vote for one other candidate who has been especially nice to good ol’ mom during the campaign.  Mom’s favorite candidate (her child) then loses the election by one vote to that other candidate and very nice person mom decided to vote for also. Bottom line is that in a Kauai Council election – mom’s, grandma’s, wives, husbands, sisters, brothers, children and other close friends of the candidate will only cast one vote in the Kauai County Council race. This is called “plunking”.

Block voting is an expanded variation of the one vote all powerful plunk. Block voting is usually a 2, 3 vote or 4 vote maximum but the same principal applies. The Kauai resident selects only those candidates whom they truly want to get elected, whom they believe truly represent their core values – and they vote for those candidates only and resist giving their remaining votes to candidates whom might as a result beat their favorites.

A fundamental rule of service in elective office: No matter how smart you are, no matter how hard you work, no matter how good you are in your heart – you cannot serve unless you get elected.

Please vote and yes, please cast one of your 7 county council votes for me, Gary Hooser.

Thank you, gh

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Birth Of The Public Land Development Corporation – A travesty of the legislative process

Posted on October 6, 2012 by garyhooser

Many have asked how come none of the regular environmental and public interest watch-dog groups sounded the alarm earlier? How did such a law get passed?

Among other things, Act 55 creates the Public Land Development Corporation (PLDC) and gives them the power to develop public lands with projects that are “exempt from all statutes, ordinances, charter provisions, and rules of any government agency…”. This could mean the construction of a hotel, a high rise condominium, a shopping center, housing developments or just about anything, that could be built on public lands and all would be “exempt from all statutes, ordinances, charter provisions, and rules of any government agency…”. There are many very bad elements to Act 55 and the powers granted to the PLDC but to me, the exemption power is the clearest example of why this new law should be repealed.

How did this happen. How did it slip through the checks and balances of our legislative process?

A better question is how did it sneak through the process because that is what happened. IMHO

A cursory look at the legislative history show clearly there were 4 hearings held on what started out as SB1555 and ended up as Act 55 and the creation of the PLDC. On the surface it looks like there were 4 opportunities for the public to testify and engage in the democratic process. On the surface that is…but the truth is below the surface and deserves a good look. It may even deserve some sunshine.

Let’s take a look at those 4 opportunities for public input.

1) SB1555 was introduced on January 26, 2011 and a public hearing in the Senate Water/Land/Housing Committee was held on 2/8/11 (public notice given on 2/2/11). At this time SB1555 among other things did not contain any provisions for exempting projects from “all statutes, ordinances, charter provisions, and rules of any government agency…” and it also provided for an 11 member Board of Directors and required neighbor island representation. Much of the language of SB1555 focused on the Ala Wai and Keehi Harbor issues. There was minimal public testimony. A SD1 version was approved by the committee containing only minor technical amendments.

2) On 3/01/11 the Senate Ways and Means Committee held a “public decision making” (public notice given on 2/25/11). While written “comments” may be offered, no public testimony is accepted at this meeting. A SD2 version was approved by the committee containing only minor technical amendments.

3) On 3/18/11 the House Water/Land/Ocean affairs Committee held a public hearing (public notice given on 3/15/11) and at the end of the hearing passed out SB1555HD1 that was dramatically different from the prior version. The House version now included exemptions from County permitting and zoning requirements. The House version also stripped out the requirement for Neighbor-Island representation. Other significant changes were also made to this version, dramatically changing it from the prior SB1555SD2.

IT IS IMPORTANT TO NOTE THAT UP UNTIL THE END OF THIS COMMITTEE HEARING AND THE ACTUAL PUBLISHING OF THE AMENDMENTS, THAT THE PUBLIC IS NOT AWARE OF THE NATURE OF THE CHANGES AND THE POTENTIAL IMPACT OF SB1555HD1

4) On 4/07/11 the House Finance Committee held a public hearing (PUBLIC NOTICE GIVEN LESS THAN 2 HOURS PRIOR TO THE HEARING – see actual hearing notice here http://www.capitol.hawaii.gov/session2011/hearingnotices/HEARO ING_FIN_04-07-11_1_.pdf ). At the end of this hearing the House Finance Committee passed out SB1555HD2 after making further changes.

The measure then went to Conference Committee where there is NO PUBLIC TESTIMONY ALLOWED and additional very significant changes were made.

Quick and dirty (very dirty) summary: THE PUBLIC HAD ONLY ONE OPPORTUNITY TO TESTIFY ON THE SUBSTANCE OF ACT 55 AS WE KNOW IT TODAY AND THAT WAS AT THE HOUSE FINANCE COMMITTEE WHICH PROVIDED LESS THAN 2 HOURS PUBLIC NOTICE. Unless you were in the building and checking your smart phone during the 2 hour period preceding this hearing…you had no way of knowing it was even on the agenda. The original version did not exempt any projects from zoning or permitting. This was first added in the House and then dramatically expanded in Conference Committee. There are many other changes that happened during this process and explains why many/most environmental watchdog groups did not engage this issue early.

Disgusting is too kind a word to use to describe the process used to give birth to Act 55 and the Public Land Development Corporation.

Please don’t take my word for it. It’s all here in the legislative history that is available at: http://www.capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=SB&billnumber=1555&year=2011

To be clear, I offer these comments purely from a personal and individual perspective and not in any official capacity whatsoever.

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Hooser – Remarks On The Public Land Development Corporation

Posted on October 1, 2012 by garyhooser

On Wednesday September 26 members of the public (including myself) gave the Kauai County Council a standing ovation for their unanimous passage of a Resolution supporting the repeal of Act 55 and an end to the Public Land Development Corporation (PLDC).

The Garden Island newspaper reported thoroughly on the event and quoted me:

“I believe this county, you folks and our community, should send the strongest possible message … that this is unacceptable,” said Hooser, adding that despite Abercrombie publicly saying he would veto any repeal by the Legislature, he believes otherwise. It would be very contentious, provocative and a big mistake from the governor to veto a repeal, given the clear community outrage and pressure to repeal Act 55, Hooser said.

While the above is essentially an accurate reflection of my remarks, it lacks the context in which those remarks were made. After offering my formal written testimony (see below), Councilmember Nadine Nakamura asked me to speculate on whether or not the Governor might actually veto a “repeal Bill” as he has in the past stated was his intention. I then stated that given the reality of what it would take to achieve the monumental task of convincing a majority of the House and Senate to reverse its prior position of approval, and given the reality of the enormous public sentiment that would be required to make this happen – that I could not imagine the Governor then vetoing the measure.  It certainly was not my intent to imply that the Governor did not mean what he said, it is just that I cannot imagine him actually doing it.

My actual written testimony submitted is as follows:

September 26, 2012

RE: Resolution 2012 -52 – Testimony to the Kauai County Council supporting the repeal of Act 55 establishing the Public Land Development Corporation

Aloha Councilmembers,

My name is Gary Hooser and I am testifying today in support of the passage of Resolution 2012-52 and the complete repeal of Act 55 establishing the Public Land Development Corporation.

I presently am on leave from my job as the Director of the Office of Environmental Quality Control (OEQC) for the State of Hawaii. As the Director of that office, my primary responsibility is the administration of Chapter 343 HRS which establishes and defines environmental impact statement (EIS) requirements for the State of Hawaii. I am very familiar with the workings of Chapter 343 and as the Director have provided numerous consultations and workshops on the proper implementation of this important law.

To be clear, I am offering this testimony today on my own behalf and not in my official capacity as the Director of that office.

Though I have many concerns about Act 55, my focus today is primarily based on the broad-based exemptions the law grants yet to be determined development projects that could involve anything from a concession stand in a park to housing developments or even hotel and time-share developments constructed on public lands in the future.

According to Act 55 projects developed by the PLDC are “exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon”

The legislative exemption of a broad class of development projects from established permitting requirements is a fundamentally flawed principle from a public policy perspective. The statutes, ordinances, charter provisions, and rules of government agencies are there in order to protect the public interest. Act 55 gets rid of all of these rules and basically says “trust me”.

All of the projects mentioned as examples of why we need Act 55 and the PLDC can be accomplished without these exemptions and without the elimination of the public protections now missing in Act 55.

These yet to be determined development projects that would occur on public land should absolutely be required to get the necessary permits and to undergo close scrutiny by the public and the public agencies responsible for fundamental health, safety and environmental protection of our community. If anything, the development of public lands should be held to an even higher standard, certainly those standards should not be lowered such as is allowed with Act 55.

Chapter 343 has been held up by advocates of Act 55 and the PLDC as evidence that environmental laws and protections will remain in place. I believe this is a mischaracterization of the power and protections afforded by Chapter 343.

Chapter 343 is primarily a disclosure document and is intended to thoroughly examine a proposed development project and disclose potential environmental and cultural impacts. However Chapter 343 has no teeth and no mechanism in which to require developments to include mitigation measures or design changes that would alleviate or eliminate the environmental impacts.

For example an Environmental Assessment or Impact Statement might point out the risk of excessive run-off that could result in the pollution of streams, near shore waters, reef habitats and related fishing populations. It is the permitting agency and those related “statutes, ordinances, charter provisions, and rules” that would require the developer to design and implement the project in a manner that would reduce or eliminate that negative impact. It would be the permitting agency that would then enforce the rules and requirements they placed on the developer. Without the support of State and County permitting agencies – Chapter 343 is but a paper tiger and offers few if any real environmental protections. The public can insist that an environmental review be conducted but there is no mechanism that would ensure actual environmental protections.

In conclusion – I strongly urge the Kauai County Council to support the full repeal of Act 55. If amendments are attempted at the legislature rather than a full repeal, my experience is that at the end of the day there would be only minor changes made, perhaps lots of language attempting to assure the public about the intent of the law but the fundamental flaws would remain in place. To be clear the intent of the law may indeed be to serve an important public purpose however the law itself as written, provides wide latitude for abuse and represents what I believe to be bad public policy with real potential for long term harm to both our natural environment and our community as a whole.

Respectfully,

Gary Hooser
5685 Ohelo Road
Kapaa Hawaii 96746

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Campaign For Kauai Council – Launched! Please join us.

Posted on June 24, 2012 by garyhooser

Aloha Friends,

As you may have seen in recent media coverage, I’ve decided to seek election to the Kauai County Council. Serving as the State Director of Environmental Quality Control (OEQC) is both a worthy endeavor and an honor, but it is time for me to return to public office.

It’s time for me to utilize my past years of experience, both in the OEQC and the Hawaii State Senate, to take a leadership role in decision-making in my home community of Kauai as well as to maintain my advocacy in general on issues of Statewide importance. To be absolutely clear, my intent is to serve my community directly at the local level on Kauai and to continue being a strong and active advocate for values shared by residents through-out Hawaii.

To be successful I need your help and support, today.  The campaign needs core volunteers to help organize and implement a strong and vigorous campaign and we need to raise funds now to purchase materials and fund the media needed to get the word out.

Because of the late start and the closeness of the August 11 primary election (absentee voting starts in approximately 3 weeks), we must move quickly.

I will be hosting traditional campaign fund-raising events in the coming months both on Kauai and on Oahu, but need to ask for any help you might be able to offer now. I will send all donors complimentary tickets when future events are scheduled.

Any donation you are able to make now, prior to July 5, is especially needed and greatly appreciated. Whether the amount is $25 or $250, your help and support today is critical to launching our campaign properly.

Donations may be mailed to Friends of Gary Hooser, 5685 Ohelo Road, Kapaa Hi 96746 or via credit card or PayPal at http://www.garyhooser.com

If you would like to donate your time, energy and talent – please email me directly at garylhooser@gmail.com or call me at 808-652-4279.

Thank you in advance for any and all help you can offer. As always, please call if you have questions, concerns or need my help in any way.

Sincerely,
Gary Hooser
http://www.garyhooser.com

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‘Red tape’ is a red herring when it comes to protecting our environment

Posted on January 22, 2012 by garyhooser

Judging from a variety of not so very subtle signals coming out of the legislature, the 2012 legislative session will feature a full frontal assault on environmental protections.

Framed under the banner of eliminating “regulatory barriers” in order to stimulate economic development and create jobs, numerous bills to dismantle important environmental protections are forthcoming and will be pushed hard.

Lawmakers will be in an untenable position. Hearing rooms will be packed with construction workers wearing bright orange t-shirts emblazoned with the words “Jobs Now” and countered with like numbers of environmental supporters sporting equally bright green “Keep the Country, Country” t-shirts.

Behind the scenes, in the hallways, and in private meetings, large landowners and developers (who will not be wearing t-shirts) will push their agenda to increase profits by removing “regulatory barriers” and “red tape” – code words for environmental and public interest protections. But as we’ve seen throughout the country, while increased environmental degradation and increased profits are guaranteed, increased employment certainly is not.

Red tape is a red herring. Without question, the vast majority of projects that fall under Hawaii’s environmental review law, Chapters 341 and 343, Hawaii Revised Statutes (HRS) go forward without delay or legal challenge. Yes, when someone attempts to circumvent the law or avoid doing what is obvious, pono, and in the public interest, the project may end up in court or even on the front page of the Wall Street Journal.

My experience as the Director of the Office of Environmental Quality Control is that most do not really understand the law.

Chapter §341-1 states: “The legislature finds that the quality of the environment is as important to the welfare of the people of Hawaii as is the economy of the State.”

Chapter 343 simply requires reviewing certain proposed actions involving the public interest in order to disclose potential environmental impacts. These projects involve public funds, public lands, or sensitive/special areas. In other words, the law protects the public interest by ensuring wise use of our precious natural resources. Private projects on private lands that do not involve the public interest are not affected.

Critics of Chapter 343 will often speak of the very small “manini” projects that have no environmental impact whatsoever and yet are forced to go through an onerous, time-consuming and expensive environmental review process. This is flat out just not true.

Any project expected to have no or negligible environmental impacts can be exempted from the process in a simple, fast, and straightforward manner. This can be completed in one day and on a single sheet of paper. In fact, the vast majority of projects in Hawaii are exempted in just this way.

If the impacts are more than negligible but not likely to be significant, then an EA is needed. Significance can mean irrevocably committing a natural resource, curtailing the range of beneficial uses of the environment, or adversely affecting the economic welfare, social welfare, or cultural practices of the community and State. If impacts are expected to be significant, a full environmental impact statement (EIS) is required. Less than a dozen or so projects a year, at most, go on to a full EIS.

But for EAs and EISs, the law only requires the disclosure of impacts, suggested mitigations, and alternatives. It does not approve or deny a project, does not grant any permits, and does not require any permit conditions. It is an informational document that “discloses the environmental effects of a proposed action…on the economic welfare, social welfare, and cultural practices of the community and State…”

Our goal, our mission and our actions should be focused on the creation of good jobs and a strong economy that sustains, protects and honors our social, cultural, and environmental welfare. Anything less sells short the future of our children.

Gary Hooser – http://www.garyhooser.com

Published on January 22, 2012 in Honolulu Star-Advertiser

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