Group News: Hawaiʻi Island, Maui, Oʻahu, and Kauaʻi
Hawaiʻi Island Group
Public Comment Period Extended for Hawai’i County General Plan Comprehensive Review
by Chuck Flaherty, Hawaiʻi Island Group Chair | Reading time: 6.75 minutes
On September 18, 2023, the county Planning Department (PD) released “General Plan 2045” (GP2045), its most recent recommended draft. The public was given until November 20th , nine weeks, to comment on the 200+ page document.
In response to overwhelming island-wide complaints, the county administration has now agreed to extend the public comment period from November 20, 2023 to March 1, 2024, an additional 3½ months.
Because the Hawai’i County General Plan supersedes all county laws, except the county Charter, any changes to the existing General Plan (eGP) can have massive implications on the future.
Therefore, it is essential that the public have the ability to easily identify and understand any and all amendments being proposed for the eGP in order to make informed comments and recommendations to the PD and other decision-makers.
The primary complaints have been:
GP2045 is a complete reformatting and rewrite of content from the previous draft General Plan 2040 (GP2040) released in 2019. At that time, GP2040 was itself a complete reformatting and rewrite of the eGP. GP2040 contained no cross-references to the eGP. Adding to the challenges facing the public, GP2045 contains no cross-references to either the eGP or GP2040. With no Ramseyer formatting or cross-referencing between the very different versions, it is impossible for the public and decision-makers to make reasonable comparisons to, evaluation of, and comments on amendments to the eGP. They cannot determine if the eGP, which represents 34 years of effort by and the contributions of thousands of residents, has been effectively “tossed out” or not.
The county Planning Department has placed GP2045 on an outside contractor’s website platform that requires the public to learn how to access and operate a complex A.I.-assisted software in order to review and comment on GP2045’s content. Public meetings are “informational meetings”. Public is told it must use the contractor’s online platform and software if they want to provide comments and are given a rushed presentation to demonstrate how to access the online GP2045 and operate the software containing GP2045.
The island’s six Community Development Plan Action Committees, as well as other county Boards and Commissions, community organizations, and individuals would not have sufficient time to comment given 1.-3. above. This complaint has been adequately addressed by extending the public comment period by 3½ months.
Discussion of complaints 1. and 2. with proposed solutions: Complaint 1: GP2045 is complete rewrite of eGP and GP2040 and there is no mechanism to allow for comparison of eGP, GP2040, and GP2045.
Discussion: On February 2, 2022, Planning Director Zendo Kern (PD Kern) appeared before the county council Planning Committee to give an update on the GP revision process. PD Kern stated that 1) the draft prepared by the previous county administration, GP2040, was a complete rewrite of the eGP, and 2) he didn’t know why that decision was made, but would be looking into it. PD Kern said he and an internal task force were looking at existing GP to see how eGP and GP2040 “cross-over and merge” and that a consultant is on-board to make changes to maps and text. He testified that he thought the eGP had a simpler format, great contextual narratives, and that it would be easier if Ramseyer formatting was used to identify changes. Because they made the decision to consider both the eGP and GP2040, the next draft would be a hybrid of the two and would incorporate a lot of data that had been gathered as well as additional input from “stakeholders”. In response to a question by a county council member, PD Kern said that, where elements of the various Community Development Plans (CDPs) overlap with one another, there would a “lifting up” of some CDP content to the draft General Plan.
When GP2045 was released by PD Kern, it became clear that it is effectively impossible for the public or decision-makers to determine the extent to which GP2045 is or is not a hybrid of eGP and GP2040. It is impossible to determine what content within the eGP are germane to GP2040 and/or GP2045.
In League of Women Voters and Common Cause v. State of Hawai’i, the state Supreme Court stated “Rather than encouraging public participation in the legislative process, gut and replace discourages public confidence and participation…If the body of the bill is so changed as to constitute a different bill, then it is no longer the same bill…”. Adequate public notice and involvement is necessary for lawmakers to “receive input from an informed public, debate a bill’s merits and weaknesses, and amend bills to address those uncovered weaknesses.”
Proposed Solution: As soon as possible, the PD should provide the public with annotated versions of the eGP and GP2045 that shows where there is “cross-over and/or merging” between the eGP, GP2040, GP2045, as well as any content “lifted up” from the CDPs. In addition, the annotated versions should show what content from the eGP is not contained in the GP2045 and what new content in GP2045 is not contained within the eGP.
Complaint 2: Placing the GP2045 on a contractor’s website platform and requiring members of the public to learn how to access and operate a complex software program violates due process by preventing each member of the public from having an equal and meaningful opportunity to participate.
Discussion: A large portion of the population lacks the technical ability, technology, or time to learn how to effectively navigate and comment on GP2045 using Konveio’s proprietary software. When a member of the public sent in this question, “what email address to use to send email comments?”, Konveio gave this response: “Thank you for your inquiry. We prefer that comments get entered using the comment feature within the draft review. However, if you have general comments or questions that are not related to specific pages in the draft, you can use the general comment form found here. https://cohplanning.konveio.com/general-feedback”
In other words, the public is being instructed by the private contractor that members of the public should go online and learn their software in order to comment. The county PD does not provide any other options to provide comments on the specific language in GP2045 other than using the software. Therefore, the public’s right to provide comment to the PD on the GP2045 is being undermined for those individuals who cannot or do not want to use, for whatever reason, the Konveio software.
Finally, the Konveio software containing GP2045 contains no references to the eGP. There is a “swipe” tool that can be set-up to compare the eGP maps to the GP2045, but again it requires time and patience to learn. Without having the ability to easily reference the eGP, as would have occurred had the PD followed Ramseyer formatting or providing annotations to the GP2045 to provide appropriate cross-references, public comment is being made within the context of the GP2045 alone.
Proposed Solution: The PD should prepare and release to the public an annotated version of the GP2045 that references the eGP, CDPs, and identifies new content. This will enable for members of the public and decision-makers to evaluate and comment on amendments/changes being recommended in the GP2045.
In addition, the PD should provide other means for the public to make comments and recommendations that will be duly considered equally with comments posted on the online GP2045.
Finally, the PD should work with the public to create Working Groups (WG) based upon the elements of the eGP, Economic, Energy, Environmental Quality, Flooding and Other Natural Hazards, Historic Sites, Natural Beauty, Transportation, Recreation, etc. Members of the public who are interested in one or more these elements, have subject-matter expertise and/or want to contribute time and effort, could then join a WG. The WG would then schedule meetings to evaluate the GP2045 by eGP element and submit the results of their work to the Planning Department. This method was used to develop the first CDP, the Kona CDP. If the WG could be organized by district and include comparisons to the CDPs, the PD would have a head start on subsequent revisions of the six CDPs as is being proposed in the GP2045.
Did the Thirty Meter Telescope begin construction? We say no!
by Debbie Ward, Hawaiʻi Island Group Secretary | Reading time: 1 minute
The Board of Land and Natural Resources (BLNR) will meet in a Zoom session on November 7 at 1 pm, to hear the arguments regarding whether TMT has already begun construction and should therefore be considered in compliance with the permit issued in 2017. (No stone has been turned since that date.) We encourage members of the Sierra Club to tune in to the livestream link www.youtube.com/c/boardoflandandnaturalresourcesdlnr
In May 2021, the Mauna Kea Hui – (full disclosure, the author is a member of the Hui) comprised of various groups and individuals supporting the proper management and protection of Mauna Kea's natural and cultural resources requested a BLNR hearing for a motion to “confirm non-compliance with Condition No. 4, or, alternatively, petition for declaratory orders concerning the same”. The Mauna Kea Hui asserts that “no construction or work on the land was initiated under the plain and ordinary meaning of the terms”.
A Conservation District Use Permit for the project was granted by the Board of Land and Natural Resources (BLNR) in September 2017. As part of the permit, General Condition No. 4 stipulates that “any work done or construction to be done on the land shall be initiated within two (2) years of the approval of such use.” A two-year extension on the deadline for Condition No. 4 was granted by the former DLNR/BLNR Chair Suzanne Case in July 2019. That same month, Hawaiʻi residents opposed to the TMT project gathered at the base of the Mauna Kea Access Road, leading to a standoff with authorities. The months-long impasse began with the arrest of 38 kupuna (elders), whose charges were later dismissed. Tens of thousands of people gathered here to protect Mauna Kea from further destruction and desecration during that time. In April 2021, the University at Hawaiʻi at Hilo (UHH) notified the Department of Land and Natural Resources (DLNR) that “work and/or construction” was initiated in compliance with Condition No. 4, citing the removal of ahu (shrines), “kick-off” meeting, survey, invasive species inspections, and the mobilization of construction equipment. Then subsequently, Chair Case exceeded her authority to conclude that the TMT project met Condition No. 4 without any review and consultation with the entire BLNR.
Since 2014, the TMT has not been able to proceed with construction as was predicted in the risk assessment done by The Keystone Center. Changed conditions and unexpected circumstances continue to challenge UHH’s permit to build. Hurdles include sustained public opposition, legislative changes to the management structure, and TMT's funding shortfall of over $1 billion. Construction costs alone, once estimated to cost $700 million have ballooned to over $2.65 billion. The TMT partners were never able to secure sufficient partners willing to fund the full cost of construction, management, operation, and eventual decommissioning of this project. Last year, the TMT developers sought funding from the National Science Foundation, requiring a federal NEPA Environmental Impact Statement and Section 106 consultation with Native Hawaiian practitioners and lineal descendants. The federal process could last several years, and even then, funding for all aspects would be neither sufficient nor certain. Meanwhile the UH General Lease for the Conservation District lands of Mauna Kea is due to expire in 2033, and the lease requires telescope decommissioning and site restoration if the lease and subleases aren't renewed at that time. The newly formed Maunakea Stewardship Oversight Authority (MKSOA) designated by the legislature to take over management from UH will not take the reins until 2028, after a comprehensive management plan and administrative rules are developed. Act 255 that created this authority is not clear regarding responsibilities for permit and lease approvals, conservation protections, and enforcement.
Energy and Waste expert Mike Ewall is hosted on Hawaiʻi Island
by Debbie Ward, Hawaiʻi Island Group Secretary | Reading time: 1 minute
Mike Ewall, an environmental activist and founder of the Energy Justice Network, a national support organization for grassroots clean energy community groups, spoke last month at a meeting of the County Council to discuss the county’s various plans to reduce waste and transition to clean energy.
Ewall’s presentation specifically called out several projects that the council has endorsed this year, describing them as either unrealistic, inefficient or potentially dangerous. Ewall addressed the county’s commitment to hydrogen infrastructure. While the state’s bid to become a clean-hydrogen production and distribution hub failed to be awarded U.S. Department of Energy funding earlier this month, Ewall said hydrogen production presents other technical problems beyond an absence of funding or infrastructure. In particular, he said, there currently is no “clean” way to produce hydrogen. Hydrogen is generally produced by stripping it from hydrocarbons or water, Ewall said. The former process naturally involves fossil fuels, emissions and other factors that would not be considered “clean,” while the latter is unfeasible given current technology. “Green hydrogen is when you use wind and solar energy such a process is so energy intensive as to be unreasonable: Why use so much wind and solar energy to produce hydrogen to burn for electricity instead of simply using that wind and solar energy to generate power?” Ewall stated that the county’s path to clean energy and zero waste lies in specific policies, not in ambitious technological schemes. He laid out seven solutions to improve the county’s waste and energy systems, including a ban on single-use plastics and requiring the use of recovered building materials in new construction, which he said would ultimately be more achievable. Ewall spoke at a series of workshops around Hawaii Island, sponsored by Kokua na Honua, and Sierra Club members provided logistical support and a stipend. We are grateful for the broad range of suggestions for ways to move forward sustainably, and recognize the tasks ahead will take the work of members on the ground, providing support and testimony.
Upcoming Outings
Check their website for updates!
Maui Group
Support Maui Conservation Efforts at Honolulu Book Signing Event Nov 25
by Lucienne de Naie , Maui Group Chair | Reading time: 1 minute
Native Books, a Honolulu landmark showcasing books and literature from Hawaii and the Pacific, will be boosting conservation efforts for Maui at a November 25 book signing event in its Chinatown historic district store. Lucienne de Naie, author of the newly published book, Ma’alaea: the Untold Story of Maui’s Historic Crossroads, will be on hand to personally sign copies and answer questions. The event will be held from 2 to 4 pm at 1164 Nu’uanu Ave in Honolulu and will also feature a short slide show highlighting the variety of stories found in the book.
The full color book, rich with archival and contemporary images, was a project of the Ma’aalea Village Association (MVA) with support from the Maui County Office of Economic Development. Additional support came from Maui Ocean Center and Sierra Club Maui. Sierra Club Maui will also co-sponsor an educational historical walking tour of the Ma’alaea village area on December 10, 2023 from 9 am til noon.
All profits from the book will help fund conservation projects in the Ma’alaea area-home to one of Maui’s most diverse marine ecosystems, as well as Kealia National Wildlife Refuge, one of Hawaii’s largest protected areas for native waterfowl.
In recent news, Ma’alae’s picturesque harbor has been a lifeline for West Maui fire relief efforts. Local community groups trucked tons of needed supplies to Ma’alaea where volunteer boat crews loaded them up and sailed them to beachside landing points all around Lahaina.
“With Lahaina’s small boat harbor virtually destroyed by the August wildfires, Ma’alaea has returned to its Kingdom-era role as a main shipping hub for Maui’s leeward side,” observed MVA’s past president Lynn Britton, who helped shepherd the book project from concept to finished product. “It’s just one more example of how Ma’alaea has served as a Maui’s major crossroads for many centuries, and right up until current times. We are so happy that its long and completely fascinating history is finally coming to light and we mahalo Native Books for making our book available in Honolulu.”
For those unable to attend the Native Books event, the book is also available for in store and online orders from Maui Ocean Center in Maui and in store at Native Books in Honolulu and a number of other outlets on Maui. Details area available through MVA website https://maalaeavillageassociation.org/
State Water Use Commission Urges Maui County to Invest in Re-use of Lahaina Reclaimed Water
by Lucienne de Naie , Maui Group Chair | Reading time: 1 minute
Recent State Commission on Water Resource Management (CWRM) meetings featured presentations from Commission staff on a theme that was music to the ears of Maui Group and its allies: strategies for re-using millions of gallons of treated wastewater from the County’s Lahaina wastewater treatment facility. Researchers crunching rainfall data for Maui’s west side see even drier times ahead and more pressure put on the area’s dwindling stream resources. Millions of gallons a day of R-1 (treated) water currently being injected into the ocean off of popular Ka’anapali beaches, could be used instead of stream water to irrigate non-food crops, fire break greenbelts and even be available for controlling the spread of wildfires. Next steps would be acquisition of a key reservoir; expanded pipelines; and pumping equipment upgrades.
This win-win solution has long been advocated by Sierra Club, Hawaii Wildlife Fund, Surfrider Foundation and West Maui Preservation Association- all parties to a twelve-year legal effort to see R-1 water reused, instead of being injected into the ocean. Legal actions culminated in an historic 2020 US Supreme Court victory, when the court affirmed that the Federal Clean Water Act applied to discharges from the County’s Lahaina facility.
“It’s great that the Water Commission is seeing the immediate opportunity to put this R-1 water to much needed use in West Maui,” Hannah Bernard of Hawaii Wildlife Fund said. “But we need the State Department of Health (DOH) to follow the lead of the state Water Commission and come over to Maui to hear what Maui Komohana (West Maui) residents have to say.” The coalition of community groups and their attorneys, Earthjustice, have urged the DOH to require Maui County to commit to higher levels of land-based re-use of the R-1 water and to clean up the high nutrient levels in the water. if it continues to be discharged into the ocean. The call for greater re-use of R-1 water by Water Commission staff is seen as an important step toward these goals.
Hiking for the Holidays by Maui Group
Be sure to take a look at the Maui Group Outings schedule as several new hikes will be posted for November and December. Also a Maui group Holiday Beach party is in the works for the first weekend in December. For latest updates, check out the Maui Group hike schedule at https://mauisierraclub.org/hikes-service-programs/
Upcoming Outings
Saturday, November 11: Honolua Bay snorkel, and ʻŌhai Loop & Nakalele Blowhole hikes
Saturday, November 18: Palauʻea Makahiki hike
Sunday, November 19: Haleakalā Supply Trail
Sunday, November 26: ʻĪao Valley Exploration
Sunday, December 3: Makena Shoreline hike
Saturday, December 9: Mālama Hāmākua Mahalo Party and hike
Sunday, December 10: Waihe’e Coastal Dunes and Wetlands Refuge and Māʻalaea Historical Walking Tour
Friday, December 15: Keālia Pond National Wildlife Refuge
Saturday, December 16: Old ʻUlupalakua-Mākena trail hike
Sunday, December 17: Waihe‘e Ridge Trail hike
Thursday, December 21: Palauea Winter Solstice hike
Oʻahu Group
Oʻahu Group Outings Takes on Ka`ala NARS Project
by Reese Liggett, Oʻahu Group Outings Leader | Reading time: 1 minute
The statewide Natural Area Reserves System (NARS) was established to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the natural flora and fauna, as well as geological sites, of Hawai‘i.
Photo: Reese Liggett
The system consists of reserves on five islands and encompasses the State’s most unique ecosystems. The diverse areas found in the NARS range from marine and coastal environments to lava flows, tropical rainforests, and even an alpine desert. Within these areas one can find rare endemic plants and animals, many of which are on the edge of extinction.
Oahu Group Outings had begun a series of conservation Outings to the NAR at the top of Mount Kaʻala, Oahu’s highest peak, just before COVID. Recently these excellent opportunities has resumed as Outing Leaders Suzan Harada, Randy Ching, and Reese Liggett led events in August, October and November. Participants rendezvous in Waialua with a State NARS specialist and a State van ride up the FAA road to the summit.
You’ve probably noticed that besides holding a radome, Kaʻala is flat on top. That flat top consists geologically of Hawaiite, a dense lava layer that holds water on top that provides a montane bog eco system where plentiful native Hawaiian plants remain vertically stunted—an almost fairy land of beautiful native plants, some of the rarest on Oahu per State’s website. Conservation work consists of removing some invasive plants that try their best to spoil the effect.
Besides the important teamwork to remove invasives, participants enjoy terrific vistas (clouds permitting), a short hike across the top on a boardwalk constructed per State direction by Sierra Club *Achatinella (snug snail Mt. Kaʻala 11/5/23* members back in the ‘80s, and lunch with a view from and altitude of 4,020 feet. A stop for snail-watching is usually in order to observe the petite beauty of native arboreal land snails endemic to Kaʻala.
We are back at the cars in Waialua after a stunning day of conservation and exploring—just another Oahu Group Outing. Watch for more Ka`ala Outings in ’24, maybe even a pop-up in December—when you spot one on the schedule, don’t tarry as there are but ten seats available in the van.
Sierra Club Kaʻala Crew below, 11/5/23, after day atop Kaʻala, including van ride up and down the FAA Road.
Photo: Reese Liggett
Oʻahu Group’s Very Fun Pau Hana
by Reese Liggett, Oʻahu Group Outings Leader
A spirited Sierra Club group gathered October 19 to pau hana at Aloha Beer Garden, enjoy terrific Sierra Club company, and plan for environmental actions. Sierra Club’s Hawaii Director, Wayne Tanaka, thanked Oahu Group Excom for its initiative and lauded the event for its spirited atmosphere of camaraderie and environmental importance.
All agreed that more social events for Sierra Club members and member prospects will boost support and participation for or Oahu Group and Hawaii Chapter. Club Members are encouraged to get involved in the next Pau Hana event during the first quarter of ’24 by letting Oahu Group Excom HI-OAHU-EXCOM@LISTS.SIERRACLUB.ORG know your intent.
Upcoming Outings
Friday, November 10: Mālama Tree Crew: Pālehua Service Project
Sunday, November 19: Wāwāmalu Beach Service Project
Kauaʻi Group
The Power of Money and the People's Will at Coco Palms by Kip Goodwin
by Kip Goodwin, Kauaʻi Group ExCom member | Reading time: 3.5 minutes
Two recent meetings took place regarding construction of a hotel complex at the site of the former Coco Palms Resort on Kauai’s east side.
The first meeting was called on Oct 18, at the Wailua Houselots pavilion, by current property owner Reef Capital Partners, or RP 21, a Utah based resort developer. The meeting quickly fell into chaos when the one hundred plus community members attending realized that the developer’s meeting agenda was not going to provide them the opportunity to voice their concerns.
Six days later the Kauai Planning Commission, that makes decisions on zoning and land use, met to receive an annual status report from RP 21. The meeting opened with public testimony. Twenty testified, all opposed to a hotel on the property.
Hawaiian indigenous residents were angry and frustrated that the government generally and the Planning Commission were uncaring that Wailuanuiahoano, rich in their culture and history, is being erased to enrich outside investors.
Observers of the property’s history in the 31 years since there was an operating hotel pointed out that a series of wannabe developers have manipulated Kauai Planning Departments over the years to gain concessions, only to flip the property to the next in line.
Environmental concerns were numerous. RP 21 has achieved all permits necessary to begin demolition and construction nominally in the footprint of the old hotel’s structures. But critical studies have not been undertaken and environmental safeguards are not in place.
A recognized wetland, nesting ground for the endemic alaeula waterfowl, drains into the Wailua River and the ocean. It’s one of the triggers requiring an Environmental Impact Statement under Class IV zoning permit 2015.8, for a project of this magnitude. There has never been an EIS for this location.
The Hawaii Supreme Court ruled the developer must secure a current Special Management Area Permit that ensures protection of the Coastal Zone. Tha Kaua`i Planning Commission has a statutory obligation to enforce this ruling.
RP 21 must secure a permit to use three State owned parcels adjacent to the hotel property that are essential to their business model for parking and for operation of a restaurant on the makai side of the highway. Likewise they have no lease for the 12 acre historic coconut grove landward of the hotel. Their site plan shows a 300 seat event center that never existed on that site before, violating the permit requirement that all construction must be in the footprint of the old hotel.
A current Traffic Impact Assessment that reflects increased congestion at one the island’s most impacted intersections should be mandated now before construction begins.
Cultural and archaeological impact assessments are incomplete or missing altogether.Permits require the developer to provide workforce housing. RP 21 has taken no action.
Coco Palms Permit Condition # 27 empowers the Kauai Planning Commission with “the right to...revoke permits if...conditions of approval (are) violated or adverse impacts are created.”
Likewise the Board of Land and Natural Resources can deny use of adjacent State lands by this developer. It’s never too late for these agencies to make right past wrong decisions.
A prophetic exchange occurred at a Board of Land and Natural Resources meeting when Chair Chang instructed the RP 21spokesperson to answer why its workers had cut down a number of the historic coconut palm trees on State Conservation District land behind the hotel property without BLNR permission. When the spokesperson downplayed cutting the trees, a native Hawaiian member of the Board instructed him that in pre-contact times cutting down a coconut tree was regarded as an act of war. This exchange is a cautionary exposure of the chasm that exists between a centuries old indigenous belief system and that of a Utah profit driven resort development company and what it portends for this project should it be undertaken.
Friends of Mahaulepu, a South Shore environmentalist organization, is soliciting donations to be matched up to $20,000 total by an anonymous donor, until November 30. Kaua`i Group is suppporting FOM with a $2,500 donation in appreciation of FOM’s and their attorney’s record of challenging and prevailing over wealthy developers’ attempts to exploit our island’s fragile environment. On October 28 Coco Palms was on the Kauai County Council’s meeting agenda. Bridget Hammerquist, coordinating director of FOM, told the Council, “It’s not hard to sue developers and you can win...so we need to fight.”
The donation is a charitable tax deduction. To learn more and donate, visit friendsofmahaulepu.org.