Sierra Club, Hawai'i Chapter

2008 State Legislative Candidate Questionnaire

1.What do you believe are the top three environmental issues facing Hawai'i?

1) Global Warming/Climate Change and the many resulting consequences that could be called a “Climate Crisis”.

2) Degradation and loss of natural resources.

3) Dependence upon petroleum based oil for energy and food.

2. What are some of your accomplishments and contributions that demonstrate your commitment to protecting the environment? Please be specific.

* Mu’olea Point:

Protection of approximately 75 acres. I have worked from 1974 to the present day to protect the biologically and culturally important Mu’olea Point. I worked directly with adjoining landowners, lineal decedents, the Getty Trust, the Trust for Public Lands, the County of Maui and others to help save this important environmental and cultural resource from proposed development. The deed is now in control of the County of Maui.

I am a founding member of the board of directors of Na Mamo O Mu’olea, a board with two thirds of the members lineal decedents of Mu’olea. We are working to protect the miraculous environment of Mu’olea Point and the ahupua’a of Mu’olea for future generations.

* Makaalae ocean front lands:

Protection of approximately 70 acres. I worked from 1988 directly with adjoining landowners, lineal decedents including Richard Keohuhu and the Kaikala ‘Ohana, the Hana Community Association, former County Council Member Tom Morrow and others to save this important environmental and cultural resource from proposed development.

It was a direct result of community informational meetings, public dissent and non violent confrontation with the corporations claiming ownership that led to this achievement. The land is now part of the Maui Coastal Land Trust.

* Kuhiwa Well contested case:

In 1991 Parley Kanakaole and I represented the Hana Community Association as interveners in this important water, cultural and environmental case. Our expert geological witness was William Meyer, former head of the U.S. Geological Survey, Pacific Region. Our legal council and representative was Arnold L. Lum of the Sierra Club Legal Defense Fund. The important issues of this case are still active. I have been in touch with Kapua Sproat of Earth Justice, the Native Hawaiian Legal Corporation and a number of community members in East-Maui to address the current issues.

I have been involved and committed to resolving the ongoing East-Maui water issues for decades. I was at the first meeting in Hana regarding “in stream flow standards”. That meeting was nearly two decades ago. The State on Commission on Water Resource Management took the position the “baseline” stream flow was all the water being diverted. The people of East-Maui took the position the “baseline” stream flow was all the water remaining in the streams and watershed. Resolving the water issues is a lifelong commitment made by me, many people in East-Maui and concerned citizens throughout the state. ‘Onipa’a.

* Hana Golf Course and County Club:

As a member of the Hana Community Association Board of Directors I worked with Pat Kawano, former Chair of the Maui County Council, and the Maui County Council Subcommittee on Golf Courses to help establish laws to regulate golf course development. The Waikapu golf course didn’t even have a grading permit when they started bulldozing.

As a direct result, Hana was the first community on Maui to benefit from regulations and zoning regarding golf courses. During the hearing process a 1500 foot “buffer zone” around the proposed golf course and country club was established. This took around 700 acres away from possible luxury home development for investors from Japan.

A majority of Hana residents opposed the proposal, as established by the League of Women Voters. After the Maui County Council passed the proposal with 21 conditions, the Hana Community Association, Friends of the Hana Coast, Maui Tomorrow and several individual sued to stop the project. I served as the community representative in last settlement conference before Judge Cardoza. Keola Hana Maui, the developer, went bankrupt. Issues regarding the PK-4 conditional zoning are still not transparent and fully resolved.

* I have been an advocate for control of Genetically Modified Organisms (GMO). And, an advocate for labeling of all GMO foods. The open field testing and seed production in Hawai’i by Monsanto Corporation needs to be fully addressed through an Environmental Impact Statement and public hearings. As an organic gardener for nearly forty years, I am skeptical of GMO in general. I do not like the secrecy the State of Hawai’i has provided to Monsanto Corporation. This should be a very public issue. GMO is a very important issue of public health and safety. I will work for more transparency regarding GMO issues. I will introduce and support legislation to constructively address GMO issues. Individual communities and counties need to publicly declare themselves GMO free. Kipahulu, Maui, has declared itself a GMO free zone.

* I am currently a member of the Maui General Plan Advisory Committee (GPAC). I am doing as much as possible during the comprehensive process to protect the environment. A one year commitment to the process is now going on three years.

* I am currently engaged with the County of Maui, the State Land Board and the State Department of Land and Natural Resources regarding the County of Maui “Hana Landfill Land Acquisition” proposal. This is a very important issue with many environmental and cultural impacts. To date, the county has not addressed the scope of the issues, offered an alternative plan or complied with Chapter 343 regarding the county mining operation above Kaeleku. The mining operation is a direct impact of the Hana Landfill operation. Irene Bowie, Executive Director of Maui Tomorrow, recently testified in support of providing additional information, as required by Chapter 343.

I can provide a complete record, if you are interested.

* I was a founding Board Member of the East-Maui Taro Festival and served as Executive Director for six years. I was a Founding Board Member of the Kipahulu ‘Ohana. I am a former member of the Hana Soil and Water District Board. I am a long time member of the Hana Community Association Board of Directors. I served two terms as part of the Hana Advisory Committee to the Maui Planning Commission. All these organizations and the Hana Advisory Committee have been directly involved with protecting the environment and cultural resources.

* I personally protested the spraying of 2-4-D and 2-4-5-T by the Hana Ranch and others and took the issue to the State Department of Health in the late 1970’s. The spraying of important watersheds by large capacity spray trucks and helicopters was outrageous.

3. The price of petroleum has doubled since the beginning of last year and it is unclear what the price will be in the future. Hawai`i is the most dependent state in the nation on imported oil. The scientific consensus holds that greenhouse gas emissions from fossil fuel use are changing the Earth’s climate. What do you propose – specifically – to transform the state’s energy strategy from one based on fossil fuels to one based on indigenous sources of power?

The State of Hawai’i needs to encourage a “Hawai’i Indigenous Power Sources Master Plan” through progressive legislation and education. Legislation would include: 1) Conservation measures. 2) Tax credits. 3) Economic and social rewards for solution based behavior such as research and development. 4) Low to no interest loan programs for grid-tie energy systems and solar water heating systems. This will all be good for our state economy, the economy of individual communities and for individual family “home economics”. Incentives must include a cooperative transformation of the electric grid for electric vehicle refueling, including mass transit vehicles. Currently, producers of grid-tie energy systems are not receiving fair compensation for their efforts and investments. The public utilities need to be big part of that solution. They should be rewarded for progressive behavior.

Hawai’i already has nearly unlimited sources of indigenous power including solar, wind and wave energy. The full potential and impacts of biofuel crops needs to be better understood. The full scope of possible economic benefits and possible incentives needs to be more fully examined and implemented.

Biofuels are a good example of needed research and development. We know that sugar cane can be transformed into fuel. Brazil is a good example. However, sugar cane is not a good long term solution for Hawai’i. It uses too much water and takes too much energy to produce. We can help restore stream flow & stream life, encourage the traditional growing of kalo and restore in shore reefs and fisheries by storing more water during rainy periods. We should have enough water in storage to grow low water use biofuel crops. The importation of palm oil for production of electricity is a bad idea. Research and development of airplane biofuels is ongoing. Hawai’i has the economic incentive to grow “jet fuel” with the potential for a more sustainable and less destructive visitor economy.

Several other energy sources should be mentioned; Garbage to energy, algae to energy, hybrid wind and hydroelectric systems, small hydroelectric systems and geothermal. Garbage to energy includes capturing methane gas. That is good. However, I am concerned about simply burning all the plastics and everything not recycled. Burning plastics produces dioxins. We need to be cautious in consideration of incineration. There are certainly additional sources of energy available to us in this world and the universe that we do not currently understand. The “unknown” is a reason for optimism and justification for preserving as much of our natural world as possible.

Several Hana residents, including me, are making efforts to discover the full potential and economic benefits of kukui oil.

4. Hawai‘i’s wild coastlines are frequently listed as a top reason for tourists to visit our state. How will you seek to protect our coastline from inappropriate development?

I have been actively working to protect our East-Maui coastline from inappropriate development for decades. I will continue to do so. Refer to question #2. However, there is so much more we need to do if we are to achieve what the community wants. The Hana Community has spoken quite clearly through a community survey in 1988 and a community poll in 2006. The Hana Community Association requested all undeveloped coastline between Hana Town and Wailua Valley (Kipahulu side) be redesignated open space. We have had no cooperation from the Arakawa Administration, the Tavares Administration or the Maui County Council. I will continue to pursue the issue.

I am hoping the Maui Island General Plan will “protect our coastline from inappropriate development”. I am working on that issue as a member of the GPAC. I support the proposed North Shore Park as presented to the GPAC by Lance Holter. I support the “Save Honolua” effort as presented to the GPAC by the Save Honolua Coalition. I hope the updated Hana Community Plan and other community plans will fully address appropriate and inappropriate development. I will be part of that review process for Hana.

I supported and testified in favor of County of Maui funds being designated for acquisition of shoreline and open space. I will continue to support that commitment. There may be efforts to put those funds back into the general fund if the economy worsens. I would work against any proposal like that. If land prices fall, that may be a good opportunity to secure more shoreline and open space from development.

I do not think we have made enough of an effort to engage tourists on this issue. Visitors are an important source of political support for protecting our coastline and a potential source of direct financial contributions. We should encourage a short survey on “coastline natural resources protection” on the airlines as part of the declaration process.

There are already tax incentives for contributors of land and cash. The Maui Coastal Land Trust needs to be fully engaged on this issue as part of the General Plan and Community Plans process.

Governor Lingle proposed purchase of the Turtle Bay Resort on Oahu. This is a good opportunity to engage the governor and her administration regarding protection of our coastlines.

5. Despite real limits to growth—water, sewage, traffic, farmland—development continues apace across the state. On O‘ahu alone, nearly 60,000 new housing units are proposed to be built – mostly on land zoned for agricultural use. How would you balance the need for housing with the very real limits to growth on an island? What is the proper role of state and county government in the land use entitlement process?

The state and county need to establish limits to growth. I support that idea. But first, they need to acknowledge the very real need to establish limits to growth. To date, they haven’t. Our communities want to establish limits to growth. That is demonstrated when communities oppose some developments and support good long-term planning. More often than not, development and growth have been approved in spite of community opinion. Wailea 670 is a good example. If there had been a fair and monitored community referendum on that proposal, it may very well have been defeated. From all the testimony I listened to, a majority of the community did not support Wailea 670. Community initiatives and referendums on development may be the only way for citizens to get control of their preferred future. That would put the role of the state and county governments in a different, but proper, place. That is, working for the will of the people to have livable communities.

As things stand today, the state and the counties have the tools and regulations to plan and control growth. However, there does not appear to be the political will to do so. I would work to change that situation. The concepts of “Smart Growth” and other names for growth management do not appear to be utilized in long-range land use planning, implementation and enforcement. Instead of the “livable communities” our residents prefer, we have less livable communities and out of control development. Why is that? We do not have implementation of the community plans, including needed infrastructure, as legally required budget items in the county or state budgets. That needs to change. That requirement, alone, would help to control growth and fund growth in a way expressed by the communities throughout the state. The Maui General Plan Advisory Committee is considering “Urban Growth Boundaries” and “Rural Growth Boundaries” as a way to balance the needs of the community. That would be a new path to limit growth for Maui County. By law, the counties can only be more restrictive than the state. Communities can be more restrictive, but not less restrictive than both the state and county. At this point, some communities want to take complete control of their planning and preferred future.

The future role of state and county government in the land use entitlement process needs to change to respond more directly to each community.

6. By allowing the development of “fake farm” residential subdivisions on agricultural land, county planners have unwittingly contributed to rural sprawl and rampant speculation on land values, driving the cost of farmland out of reach of many local farmers. How would you address this problem?

I did NOT support the “ag bill”. I have supported revising the current “ag bill” since 1998. First, there needs to be “quick fix legislation” to require a public hearing process for any proposed agricultural subdivision. This would allow conditions to be placed upon any subdivision approval and allow the option of a “no” vote to the proposal. Second, there needs to be an Environmental Impact Statement produced to answer questions that were never answered in 1998 by the Maui County Council. There are many more issues to be examined in an EIS today than in 1998, including the issue of “Certificates of Land Appreciation (COLAS)”. The other candidate for this State Senate seat, J. Kalani English, voted for the bill as a member of the Maui County Council, against the reasonable request of the Hana Community Association (HCA) to complete a full Environmental Impact Statement for the proposed legislation. Eric Kanakaole and I were co-chairs of the HCA at the time.

I do not agree with the premise that “county planners have unwittingly contributed.....” The facts show that the current county agricultural bill was an intentional and successful lobby by large landowners, “special interests”, real estate interests, at least one environmental and planning organization and even some environmentalists. In a letter dated September 21, 1998, the HCA board stated in part..........

“Subject: Proposed Agricultural Zoning Ordinance.

Aloha Council Members,

The Hana Community Association Board of Directors requests the Maui County Council and Planning Department to provide an environmental impact statement (EIS) for the proposed agricultural zoning ordinance. In addition, the Hana Community Association Board of Directors requests a moratorium on the zoning and subdivision of agricultural lands until the requested information is available and the identified issues are resolved.

1) What will be the total number of agricultural lots allowable using the sliding scale? 2) What population increases are expected?

3) What will be the additional demands and impacts upon water resources including watershed, ground water and streams?

4) What are the expected demands for additional infrastructure including roads, utilities, medical services and schools? Who will pay for them?

5) What will be the impact upon taxes?

6) What will be the impact upon the price of agricultural land and housing?

7) Will this ordinance actually help to preserve agricultural lands in the short and long term?

8) What will be the impact of the ordinance upon preservation of open spaces?

9) What will be the impact upon cultural sites and resources?

10) What are the expected economic and social benefits?

11) What will be the impact upon Native Hawaiians?

12) What will be the impact upon kuleana lands?

13) What will be the impact upon the miles of oceanfront land with an agricultural designation in the Hana District? ”

The Hana Community Association wrote an earlier two page letter dated September, 13, 1995, which was signed by me as chair. It stated in part, “The Maui County Planning Department has never done a build out scenario based upon subdivision of agricultural lands in the Hana District. This is a real and extreme shortfall in the planning process”.

The citizens of the County of Maui should have had a fair and transparent “ag bill” in 1998. We still need that in 2008. I will continue to work toward that goal.

7. The State Constitution was amended in 1978 to require that the state “conserve and protect agricultural lands.” Recent efforts to designate Important Agricultural Lands (IAL) rely on incentives to encourage landowners to voluntarily designate their lands. Others believe the state should take a comprehensive approach and map all of the Important Agricultural Lands with input from farmers and landowners. What would you do to satisfy the constitutional obligation to conserve and protect Hawai‘i’s agricultural land?

I would consider the same comprehensive approach statewide as I would with a revised agricultural ordinance for Maui County. That would require an Environmental Impact Statement for all the agricultural lands in the state. This would insure public participation and comprehensive information on which to make sustainable decisions for future generations. Anything less is irresponsible. This process would probably be protested as too much of a burden by some special interests. However, this will give everyone the opportunity to make their views known and considered. The requirement to “conserve and protect agricultural lands” should not be taken lightly. It should be taken very seriously. Our future needs, perhaps not even considered to date, should be carefully considered.

In East-Maui, some prime agricultural land has a low land classification rating. That is due, in part, because much of the “prime” ag land was easy to cultivate with machines and in close proximity to harbors. I participated in a contested case hearing where the land owner claimed the land was unsuitable for agriculture. As I recall, the land was rated D, “malama stoney muck”. We proved beyond any question this was important agricultural land. Nearly all agricultural land in Hana is suited for some type of agricultural use. It is the diversity of possible agricultural uses that have very real long term value to our communities.

We need to closely study former “agribusiness” lands that were in sugar cane and pineapple for restoration to “living” and productive soil. Some of these lands are being promoted as marginal agricultural lands and therefore a good place to build more housing. We need to consider a long term strategy of “green crop” composting and worms to rebuild the soil.

8. In Hawai‘i, water is life. While water is needed to support agricultural operations, residential, and business needs, the sustainable water yields on some islands will soon be reached. Further, diverting natural flowing streams can negatively impact native stream life, cultural uses, and ecosystem balance. Despite prior legislation and court rulings, scientifically-based “instream flow standards” have yet to be established for nearly all of Hawai‘i’s natural streams. As a legislator, how would you strike a balance between growing water demand, groundwater limits, and traditional and ecosystem water needs?

The current “balance” of water use is completely out of balance. According to former State Deputy Attorney General William Tam, the County of Maui and State of Hawaii are not following the State Water Code. I have heard other attorneys agree with Mr. Tam’s legal point of view. A common sense approach to looking at the current balance of water use brings me to the same conclusion. The current “balance” of water use needs to change.

First, traditional water use by kanaka maoli must be restored. It is their recognized legal right. That right has been stolen and withheld. That traditional use includes protecting and restoring the watershed, native stream habitat and many cultural uses. The life of the near shore reefs needs to be restored. The habitat of fish breeding grounds and hatcheries needs to be restored. Stream flow is essential to that restoration. Water storage is one of the key issues in balancing water use. It would be constructive to objectively analyze the past implementation of the State Water Code. If there is evidence of delaying tactics or legal obstructionism, I would consider new legislation to insure timely implementation of the State Water Code. Criminal penalties and meaningful fines for violators should be a consideration.

Hawaiian Cane and Sugar and East-Maui Irrigation have paid very little for the billions of gallons of water they have removed from East-Maui. That situation needs to change as soon as possible. I will introduce and support legislation to resolve this unfair financial subsidy of agribusiness at the cost of communities, culture and the environment.

9. In Hawai‘i, the environment is the economy. While we enjoy the “interest” that our natural capital provides, we devote a very small percentage of the state’s budget to actually preserving that “capital.” The Department of Land and Natural Resources – particularly the enforcement division – has been vastly underfunded. Are you willing to make the tough budgetary decisions to ensure adequate funding for the perpetuation of our natural resources? Please explain, specifically, what cuts you might make in our budget – or what taxes or fees you would increase – to provide ample natural resource funding.

Yes, I am willing to make the tough budgeting decisions to ensure adequate funding for the perpetuation of our natural resources. It should be noted for this discussion that there may not be adequate funds available for many deserving programs if the state budget is reduced significantly by the current economic downturn. If an economic downturn continues, that will increase the need to preserve our natural capital for subsistence living and future generations. In the past, I have supported increased funding for the Department of Land and Natural Resources (DLNR) for law enforcement. Na Mamo O Mu’olea met with Randy Awo from the DLNR a couple of years ago and discussed that issue. East-Maui used to have a full time enforcement officer. We certainly need full time protection of our natural resources. Sadly, there are many destructive land use practices occurring in East-Maui. Fortunately, even with inadequate funding, we have local residents interested in working with the DLNR and the community to protect our natural resources. That is their way of life. The ‘Aha Moku Council is a step in the right direction. That is a recognition of the ahupua’a system of land management that should be incorporated into managing and preserving our natural capital.

The Hawai’i Tourism Authority budget has very large budget, around sixty million dollars a year, that needs to be carefully examined for costs and benefits. Some of that budget may be spent more wisely in other areas, including natural resources protection. The Maui Visitor Bureau has a large budget, around four million dollars a year, that does not get much scrutiny by the Maui County Council. That budget needs to be carefully examined for costs and benefits. Again, some, if not all of that budget may be spent more wisely in other areas, including natural resources protection.

The Maui Invasive Species Committee recently projected a budgetary plan that would nearly eliminate miconia on Maui within a few years. A very intensive eradication effort like that makes sense to me. We have a chance to contain miconia on Maui and protect our watersheds in the process. If we plan for a long term program, we risk seeding trees that could spread seeds everywhere during a high wind storm or hurricane. The Sierra Club plays an important role in budgeting a sensible approach to the short and long term preservation of our natural resources. Is there any way to increase revenues for natural resource protection? Yes. I first raised the idea of a toll road to Hana more than twenty years ago. A toll road could help keep tourist numbers to a preferred and manageable level and provide educational material to visitors. A million visitors a year in East-Maui is not a manageable level if we are serious about resource protection. Visitors are already paying a user fees through the Transient Accommodation Tax (TAT) and the State Sales Tax. The TAT could be increased slightly and targeted for environmental protection. Visitors would appreciate knowing they are helping to preserve the environment they have come to explore and enjoy.

Malama pono,

John

Please rate your position with the following statements:

1. Ten percent of tax dollars collected through the tourism industry should be used for environmental protection.