Group News: Hawaiʻi Island, Maui, Oʻahu
Hawaiʻi Island Group
Pōhakuloa
by Cory Harden
Following up from last month, we share more concerns about the Environmental Impact Statement (EIS) for the Army to retain control of 23,000 acres of State land at Pōhakuloa.
Cultural resource data is insufficient to support EIS conclusions: archaeological surveys have only been done on about half of the State land, no valid survey has been done since 2013, and the sole ethnographic study failed to use Hawaiian language resources. The Cultural Resources Management Program has been hampered by lack of training, technical issues, inadequate facilities, and project delays. There are few specifics on how the Army will remedy the lack of access for cultural practices. This is still a problem after five decades on the lease, and impedes many cultural practices.
The EIS should describe how the State can meet fiduciary obligations to Native Hawaiians and the public to protect the land, if it is retained, since the Army is a bad actor that has left the land in degraded and hazardous condition, at Pōhakuloa and other sites.
The EIS should explain how military training is an appropriate use of this conservation district.
For environmental, archaeological, and cultural studies the Army often claims it is too dangerous to go into the impact area (center of the base, into which live ammunition is regularly fired, and is rarely removed). But personnel went in to search for depleted uranium, and the Army even built and used a new training range carved out of the impact area.
Studies and monitoring cited by the EIS for depleted uranium are inadequate.
Socioeconomic analysis touts the money that military projects bring to the island. But it fails to include the cost of cleanup of the impact area and the rest of the base after base closure, and the cost of lost opportunities for other uses of the land, such as: a park that preserves cultural resources, educates the public about history and culture, and allows outdoor activities; agricultural uses that provide food and building materials locally; raising of livestock., etc.
Analysis of fire impacts fails to mention serious concerns about staffing and equipment, and the history of several past fires.
Mauna Kea
by Deborah Ward
Mauna Kea management and decision-making has long been contentious, and last year a working group was initiated by the House to address long-standing concerns. The group was initially billed as comprised of kiaʻi (Mauna Kea protectors) although most of the working group members were not. The conclusions of the group were not shared broadly with kia’i and the consensus of the longest standing kia’i, involved since the 1990s, including Sierra Club members, was that the bill was inherently flawed by failure to address the public trust responsibilities for “ceded” lands, and for requiring that the new “authority” be financially self sustaining. The draft report recognized existing management practices do not ensure the observatories: (1) plan for and finance decommissioning and restoration; (2) are held to appropriate standards of “restoration”; and (3) contribute to decommissioning funds. The draft report recommended development of “a plan to return the mauna above 9,200 feet elevation to its natural state.” The draft report unilaterally entrusted a new governing entity to ensure these are implemented.
The bill (SB2024) was extensively revised after public testimony was closed, and after numerous revisions in the conference committee, a hybrid version emerged, even more distressing than the original House bill. The new authority would remove the powers of the Board of Land and Natural Resources and the State Land Use Commission to approve new leases, permits and other land use authorizations after five years. All of the members of the authority would be selected by the governor, and only one of those would be a Native Hawaiian practitioner or lineal descendent. We believe that longtime Mauna Kea protectors from the Royal Order of Kamehameha, Sierra Club of Hawai‘i, Hawaiian charter schools, Mauna Kea Anaina Hou should be able to name governing entity members without requiring the governor’s appointment.
Most concerning, the entity would provide one-stop shopping for project design review, leasing, conservation district use permitting, environmental impact statement approvals, and any historic preservation or burial treatment impacts review. Instead of the more protective serialized system of approvals from different entities - BLNR, SHPD, DOFAW, Burial Councils, and other agencies - development applicants need only turn to the governing entity. Facilitating development on Mauna Kea is the opposite lesson that we should have learned from litigation and contested case hearings on the Thirty Meter Telescope. The bill didn’t mention the TMT, although it stipulated that all leases under UH would transfer to the new authority.
The Department of Land and Natural Resources issued a statement regarding the bill in its final state:
“The Department of Land and Natural Resources (DLNR) believes HB2024 CD1 is well-intentioned but leaves significant gaps that could result in worse management of Mauna Kea’s natural and cultural resources. Notably:
This bill creates special laws for Mauna Kea separate from the State’s extensive legal framework for land management and natural and cultural resource management, beyond the oversight and control of the DLNR and the Board of Land and Natural Resources (BLNR). This is a dangerous legal precedent, contrary to our state constitution.
HB2024 CD1 has no provision for Conservation District regulation to continue. Any construction or commercial use could potentially be authorized by the new Authority anywhere on the 11,307 acres of the mauna’s greater summit, under this bill.
This bill requires the Authority to be financially self-sustaining. The lands on Mauna Kea are not revenue-generating lands. Requiring the Authority to be financially self-sustaining would lead to pressures to open conservation lands to commercial tourism.
A moratorium on new leases until 2028 will make it very difficult to maintain existing observatories, which need to seek to have new leases by 2033.
HB2024 CD1 requires new management plans. Extensive management plans are already in place.
HB2024 CD1 requires the number of observatories to be limited. The number of observatories is already limited, with some in the process of being decommissioned.
HB2024 CD1 requires prioritizing the reuse of footprints of decommissioned observatories as sites for facilities or improvements over the use of undeveloped lands for such purposes. The BLNR has required footprints be returned to their natural state and does not anticipate further development by UH of undeveloped lands.
In short, the DLNR believes that HB2024 CD1 opens Mauna Kea to further development and commercial use without the regulatory oversight that applies to all other lands in Hawaiʻi.“
The Hawaiʻi Island Group agrees that SB2024, as morphed by powerful interests, would, if signed by the governor, lead to far less oversight and protection, and would be less likely to initiate and sustain long-term restoration of the mauna wilderness.
We urge members to write to Governor Ige with your concerns.
Hu Honua Bioenergy Update
by Chuck Flaherty
Governor Ige’s legacy as a clean, renewable energy leader is under threat by a dangerous piece of legislation, Senate Bill 2510 SD2 HD1 CD1. Please act now and contact him here to ask him to veto this dangerous piece of legislation.
If enacted, this legislation will reverse the course the Governor has set for Hawai’i that has allowed our state to be a national leader in the development of natural energy that uses the sun, wind, and water for power generation.
SB 2510 mandates a percentage of firm power leads to fuel switching, but still burdens ratepayers with this expense on top of a base rate and capacity charges. Worse, these facilities require “must run” contracts that curtail cheaper renewables while forcing ratepayers to take their more expensive energy instead, creating a “double whammy” for ratepayers that is entirely unnecessary.
Hu Honua Bioenergy is an example of this. The Consumer Advocate has already pointed out that their proposed power purchase agreement would cause rates to go up on the Big Island. This is contrary to the Ratepayers Protection Act and places a burden on businesses, government buildings, and all homeowners already struggling with high inflation pressures. Just the fuel charge for Hu Honua is proposed at 14 cents per kWh compared to PUC approved solar farms with large storage at only 8 cents per kWh that followed the legally mandated competitive bidding process, which explains why Hu Honua wants an extended 30 year contract.
As a result, the Public Utility Commission just denied the Hu Honua’s Amended and Restated Power Purchase Agreement (“PPA”). Other reasons given were:
The Commission was concerned that reliance on energy produced at Hu Honua could result in long-term environmental and public health costs.
The Commission concluded Hu Honua did not reasonably demonstrate that it will be able to successfully offset its greenhouse gas emissions.
Given the PPA’s hidden and long-term consequences, the terms of the PPA are not prudent and are not in the public interest.
SB 2510 puts a great deal of emphasis on “firm power” generation without a clear understanding of the impacts. The National Renewable Energy Laboratory did a grid study on Maui that broke through old utility thinking on the limitations of variable renewables like wind and solar. It showed that all of the grid support services and power production could be met at far lower cost using new software and smart grid control system upgrades. Another key is the addition of battery storage. Battery storage allows for load shifting, and voltage support, and even provides the inertia required for restart conditions. Additionally, Maui is also looking to repurpose existing synchronous condensers for grid support. This modernization will provide big savings for ratepayers by eliminating fuel costs completely.
On Kauaʻi, the Kauaʻi Island Utility Cooperative has already shown remarkable leadership and the mandates in this bill would be a huge step backward. Kauaʻi alone is reason to veto this bill.
Throughout the world, actual operational results are now proving beyond doubt that biomass energy power plants are neither clean nor renewable.
Last year, over 500 top scientists and economists issued a letter to leaders in the United States, European Union, Japan, South Korea, and the United Kingdom, urging them to stop harvesting and burning forests in converted coal-burning power plants as a means of making energy. The letter also stated that one of the best ways to curb climate change and sequester carbon is to allow forests to keep growing.
Just a few weeks ago, the European Union Environmental Committee issued a recommendation that primary woody biomass, such as burning whole trees, not be counted toward European Union member states’ renewable energy targets. The high energy input necessary to produce wood pellets – harvesting, transport, drying, and manufacturing – can be as much as 96% of delivered energy and burning whole trees can be up to four times more polluting than coal.
Here in the United States, the Environmental Protection Agency has found that biomass incineration is almost 50% worse than coal.
Special interests have conducted a massive public relations campaign to influence the outcome of this bill with lots of disinformation being spread in radio spots, letter writing by professional communication firms, newspaper ads, and lots of lobbying.
Now is the time to act. Please contact the Governor’s office ASAP to urge him to veto SB 2510.
Hawaiʻi Island Outings
by Diane Ware
Saturday, June 25
Kaulana Manu and Puʻu Oʻo (E)
Kaulana Manu distance = 0.6 miles, elevation = 100'. Pu'u O'o (off Saddle Road) distance = 2-3 miles, elevation = 5700' +/- 100'.
Kaulana Manu (formerly Kīpuka 21) is a family friendly interpretive trail in a pristine kīpuka (older, forested pockets spared from lava flows). The easy hiking path of less than one mile winds through a 15-acre, 400-year-old kīpuka, where we will be watching for the birds who live here. Bring binoculars with your hiking gear. Then we will drive a short way up the road and hike on Puʻu Oʻo trail. An easy-paced hike at high elevation and return on the same route. ROD protocol. Leader: Sunny LaPlant, phone: (808) 964-5017
Saturday July 9
Puʻuhonua ʻO Honaunau (“Place of Refuge”) to Hoʻokena (C/E/F)
Hike with optional snorkel and lunch at Hoʻokena. Distance = 3 miles, Elevation = sea level
This is a coastal Ala Kahakai hike part of historic King's trail mostly pahoehoe lava and passing cultural sites (Kiʻilae Village) and the old trading village of Hoʻokena. We will meet at Hoʻokena then have a car shuttle so we can start hiking at the refuge (entrance fee or pass required) and end at the old trading village of Hoʻokena for lunch, snorkeling or swim in the bay. Those without a park pass can shuttle to park in pickup truck. Bring sun protection (reef safe mineral based sunscreen) 2 quarts water, sturdy shoes, lunch, snorkel gear and towel if entering the water. There are showers at Hoʻokena. Call leader Diane Ware (808) 967-8642 to register. Co-leader Rob Culbertson.
Maui Group
Establishing an East Maui Community Water Authority
Maui’s once in a generation opportunity to restore community-based management of East Maui water resources
by Tara Apo | Reading time: 3 minutes
On Tuesday morning, June 7th, Maui County’s Government Relations, Ethics, and Transparency (GREAT) committee met to consider several proposed charter amendments, one of which was a historic resolution for the establishment of an East Maui Community Water Authority.
The resolution, introduced by East Maui Councilmember Shane Sinenci, is an important step towards restoring community-based management of water resources. Over 150 comments of written support were submitted, and after nearly three hours of verbal testimony, most of which was overwhelming support for the resolution, the GREAT committee recessed the meeting until June 15th for further discussion.
If approved by the GREAT committee, then by County Council, the East Maui Community Water Authority will appear on the general ballots for Maui County residents to vote on in November.
The resolution comes as the Board of Land and Natural Resources moves forward in the process of issuing long-term water leases. Currently, the only applicant for the East Maui water leases is Alexander & Baldwin (A&B) along with East Maui Irrigation (EMI). Mahi Pono, Mauiʻs largest private landowner, owns 50% of EMI (the other half is owned by A&B), and one of Canadaʻs largest investment firms, Public Sector Pension Investment Board (PSP Investments), is the sole investor and member-owner of Mahi Pono. If the lease is granted, for the next 30-50 years a significant amount of Maui County’s public trust water resources would be under the control of a foreign, for-profit investor entity with a legal mandate to maximize returns.
However, if established, the East Maui Community Water Authority could assume the leases. Mahi Pono would still receive water for diversified agriculture, but stewardship would come back into the hands of the people of Maui in a way that it has not been for many generations.
One major distinguishing feature of this new authority is a community advisory board, which includes representatives from East Maui communities, upcountry agriculture, upcountry residents, and the Department of Hawaiian Homelands – all of whom are important stakeholders that rely on this water source. This would give voice to those who have historically been left out of the decision-making process, and who have been heavily impacted by the plantation system of water management.
As a public entity, the water authority would be eligible for significant private, federal, and state funding inaccessible to private corporations. Generated revenues could be used to fund watershed restoration and maintenance of the EMI system. Much needed repairs could be made to the century-old infrastructure of the water transport system, which A&B estimates loses/wastes about 22.7% of the water diverted from East Maui streams. To put this in perspective, if the full 88 million gallons a day of allowed water were being diverted, that's nearly 20 million gallons of water being wasted each day.
System improvements would allow more water to remain in the streams for the preservation of mauka to makai ecosystems, for Native Hawaiian kalo farmers and traditional and customary practitioners, and for local communities. More water would also be available to support Upcountry water users, who have been increasingly subject to drought restrictions – a dire circumstance for the farmers and ranchers who are essential to food security for Maui.
The establishment of an East Maui Community Water Authority is an exciting prospect with potential implications for all of Maui Countyʻs major water systems. For generations, water on Maui has been under corporate control and the public trust doctrine has been swept to the side. Now that the plantation era has passed, we need a new concept for management – a kamaʻāina plan that gives everyone a seat at the table to work out water policies that make sense in the face of uncertain rainfall patterns and increasing population pressures, and provides efficient, transparent, equitable, and community-oriented management of watersheds and water resources. An effective water authority could serve as a model for the rest of the island, county, and state, as our need to protect and preserve our most precious resource will only increase as we move into the future.
On Monday, June 13th at 6:30pm, the Sierra Club Maui Group will host a virtual, roundtable discussion panel about the current status of East Maui water, the evolution of water management from traditional times to present, and the proposal for the new Community Water Authority. Please join us for this opportunity to learn more about the important decisions that lie ahead! Ola i ka wai!
Maui Group Outings
Sunday June 12, 2022
Makena Shoreline Hike (C/E)
Makena, 4 miles
Moderate, pleasant walk on “fisherman’s trail”, road, sandy beaches, rocky beaches past tidepools to Keoneuli (Black Sand Beach). Beautiful views. Hiking stick useful. Meet 8am in public parking lot for Polo Beach, near entrance. Almost entirely exposed, so bring sun protection. We’ll stop to eat anything we have with us at Keoneuli. Limit 15.
Leader: Rob Weltman, robw@worldspot.com
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Friday June 17, 2022
Na Hoku (star-gazing) Benefit in Palauʻea (Wailea 670) (E)
Wailea
Harriet Witt blends Hawaiian sky lore with leading-edge science to reveal how much the two perspectives have in common. Bring a mat to lie down on and/or a folding chair, warmer clothes and a shielded flashlight. Donation: $5 for members, $10 for non-members.
Organizer: Rob Weltman, contact@mauisierraclub.org.
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Sunday June 19, 2022
Huelo Stream Hike (C/E/S)
East Maui, 3 miles
Adventure hike along Hanehoi stream on private and government land in Huelo area-no EMI waiver needed. Tools will be provided to help improve the trail access as part of the outing. Learn about Sierra Club stream water quality testing program in Huelo. Limit: 15.
Leader: Lucienne de Naie, laluzmaui@gmail.com
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Saturday June 25, 2022
Hāmākua Mālama Service Outing (C/E/S)
Ha‘ikū, 2 miles
It’s spring!! Help prepare the scenic coastal lands of Ha‘ikū’s, Hāmākua Coastline to restore native plant species. Tools, snacks, trash bags etc will be provided.
Co-sponsored by Mālama Hāmākua Maui.
Leader: Lucienne de Naie, laluzmaui@gmail.com
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Sunday June 26, 2022
Makawao Forest Reserve – Kahakapao Loop (E)
Upper Olinda, 7 miles
Moderate hike in big tree forest on undulating trail, estimated time at least 3 hours. Meet in the parking lot across from St. Joseph’s Church on Makawao Ave at 8am. Limit 18.
Leader: Rob Weltman, robw@worldspot.com
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Oʻahu Group
Oʻahu Group Outings
Saturday, June 25, 2022
Kulana'ahane Trail
Road walk and stream hike in Moanalua Valley. From the base of the Koolau Mountains, the trail climbs 1,200 feet to the summit ridge overlooking Haik Valley on the windward side of Oahu. Bring: 3 liters water, lunch, snacks, mosquito repellant, sunscreen. RSVP here.
Do not park inside the Moanalua Valley Neighborhood Park -- parking is for tennis and basketball players. Hikers must park on the street.
Leader: Nate Yuen, 808nateyuen@gmail.com, 808-265-3283