HB 903, HD1 (HSCR573) will be heard this Friday (tomorrow) at 9:30 by the Health Committee in Room 329. Dave Raney brought this to my attention yesterday. Though this notice is last minute, you can still make a difference. Please support this bill and its amendments. You can submit testimony at http://www.capitol.hawaii.gov/submittestimony.aspx

HB 903 establishes a separate Water Pollution Control account and authorizes the Director of Health to prescribe fees to help fund operations of the Department of Health in managing pollution from nonpoint sources and individual wastewater systems.
More information on the bill can be found at:
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=903&year=2013

Mahalo!

One of our constituents—Douglas Meller—has expressed thoughtful concerns with SB 1164 (RELATING TO SPECIAL SHORELINE ENCROACHMENT EASEMENTS). He has agreed to share a few of his questions and comments. As follows:

“(1) What happens when DLNR is unable to positively establish whether all parts of an existing coastal structure had all required county permits and were constructed in compliance with plans approved by the appropriate county agency?”

“(2) Must DLNR unconditionally approve easements for all formerly legal structures?”

“(3) Can DLNR impose conditions to mitigate environmental impacts and hazards?  If so, when and what?”

He stated that the U.S. Supreme Court has ruled that the U.S. Constitution does not allow state and local governments “to totally prohibit shoreline structures when the prohibition would result in total loss of any economic use of private property. But states (or local government) still may regulate the design of shoreline structures to mitigate impacts.”

He makes two key points in the following, which I completely support—as the rights of the people to beach access is paramount. “…I recommend that…state law require both safe lateral public pedestrian access along the ocean and safe public pedestrian access to and from the ocean as mandatory conditions that must be satisfied for either DLNR or county approval of any proposed public or private coastal structure.  I don't support different requirements for old structures which used to be inland of the shoreline.”

Mahalo, Douglas.

SB1164 is now referred to its final committee—JDL. I don’t believe they are accepting public comment at a public venue at this point, but we need to persevere.

Email JDL at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Aloha! SB1164 allows for easements for property owners where their structures, previously landward of the high water mark, are now (or will become) seaward. If the easement is allowed, this could encroach upon the public right-of-way, as I understand it. I need to do more research before making a recommendation one way or the other, but I am concerned about giving away any public access to shorelines. This will be of increasing concern as shoreline water levels continue to rise in the years to come.

View http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1164 for information on the bill. View http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_WTL_01-31-13_.HTM for the public hearing (which is this Thursday, the 31st, at 1:15 p.m.

SAVE THE CORAL (they truly are in need)! NOAA has announced public hearings for the proposed rule to list eighty-two (I have also heard it as sixty-six) coral species as threatened or endangered. The O'ahu meeting occurs as follows, according to the NOAA site at www.fpir.noaa.gov (please note the town hall meeting preceding the official public meeting):

Honolulu, Hawaii
Thursday 2/7/13. - Tokai University
Time: Town hall: 5-6:30 pm/ Official public hearing: 6:30-9:30 pm
Address: 2241 Kapiolani Boulevard Honolulu, HI 96826

As always,we stand our best chance of making a difference when we show up in numbers.

A hearing for SB26 occurs Tuesday, January 29th, 2013, 2:15 p.m. (forgive the late posting; just returned from a lengthy absence). According to Rene Umberger, "SB26 would protect Hawaii’s native reef wildlife from the AQ trade by requiring per species, and in advance of collection, population survey’s proving the species can be sustained. However, for SB26 to be effective, a key amendment is required: “sustain/sustainable” must be appropriately defined." Please note the links below for SB26 language and the location and time of the hearing. PLEASE TESTIFY! (http://www.capitol.hawaii.gov/submittestimony.aspx)

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=26&year=2013

http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_WTL-ENE_01-29-13_.HTM