Rep. Hermina Morita appointed PUC chair

Kauai Rep. Hermina Morita (District 14 - Hanalei, Anahola, Kealia, Kapaa, Waipouli) accepted an appointment by Governor Abercrombie today as the new chair of the state's Public Utilities Commission.

Here is Speaker Calvin Say's statement:

“Rep. Hermina Morita has been an excellent representative for her Kauai district and for the state of Hawaii. She has become one of the state’s experts on energy and the environment, and while her departure will be a great loss for the House, the state will gain a competent and well-respected chair of the Public Utilities Commission.

Her accomplishments at and contributions to the legislature were stellar, and on behalf of the House of Representatives, we wish Rep. Morita every success as she embarks upon a new challenge.”

Coming up on Kukui Connection

Rep. Hermina Morita will be a guest on Rep. Marilyn Lee's public affairs show "Kukui Connection" on Sunday June 27, 4:00 p.m., Oceanic Cable - Olelo, channel 54. The show repeats on July 11, July 25, and August 1.

Debbie Shimizu and Katie Reardon of the Hawaii Democratic Women's Caucus will be Rep. Lee's guests on July 4, repeating on July 18, and August 8.

New Law Protects Beach Access and Prevents Shoreline Erosion

Governor Lingle today signed into law House Bill 1808, a bill that prevents private property owners from blocking shoreline access by planting or cultivating vegetation. The bill, now Act 160, was introduced by Rep. Hermina Morita (District 14 – Hanalei, Anahola, Kealia, Kapaa, Waipouli), Chair of the House Committee on Energy and Environmental Protection.

“For more than a decade, concerned community members have been painfully aware of the abuses happening along our shorelines,” said Rep. Morita. “Adjacent property owners have been planting and cultivating salt tolerant plants to block lateral shoreline access or pushing the vegetation closer to the sea to manipulate the shoreline certification process.”

The new law requires the Department of Land and Natural Resources to maintain beach transit corridors by prohibiting land owners from planting vegetation that interferes with the corridors. It also establishes access to the corridors as a policy within the Coastal Zone Management Program. Notice will be given to property owners adjacent to the corridors if vegetation from their property blocks access to the shoreline. The department has the authority to take enforcement action if the issue is not resolved after 21 days.

“The passage of this bill will help to enforce Hawaii's long standing policy to protect as much of the beach as possible as a public trust resource, and to maintain the dynamic nature of our beaches to prevent shoreline erosion,” continued Rep. Morita. “I want to thank the many dedicated community members from all walks of life who have come together throughout the State and who have worked with various governmental agencies, as well as beach experts, to help address this issue in both the courts and through legislation.”

Gov signs energy bills

Representative Hermina Morita, Chair of the House Committee on Energy and Environmental Protection, today issued the following statement on Governor Lingle’s signing of four energy bills:

“I am pleased to learn that Governor Lingle has signed into law these important energy bills. They are all critical pieces to our preferred clean energy future.

I am also anxiously awaiting her action and support of House Bill 1271 because it is the lynch pin, providing the organizational structure, funding and staffing, in achieving our long-term energy and food security strategy.

The Legislature recognized in the passage of House Bill 1271 that to achieve clean energy and food security we need to make critical infrastructure investments and this can only be done through consistent, dedicated funding and sustained political will.”


The bills, with legislative summaries, are:

SB 868 signed as Act 153. Addresses deficiencies in Hawaii's energy resources coordination statutes. Provides policy guidance to ensure adequate detail on the nature and relationship of the energy data analysis functions of the state energy resources coordinator and energy program.

SB 464 signed as Act 154. Amends the renewable energy technologies income tax credit to encourage use of solar and wind energy systems and to permit a portion of the excess of the credit over payments due to be refunded to the taxpayer in certain circumstances. Reduces the tax credit for certain energy systems used to meet substitute renewable energy technology requirements for single-family residential properties.

HB 1464 signed as Act 155. Provides for and encourages renewable energy use and development, and energy efficiency, including increasing requirements for renewable energy portfolio standard, expanding duties of the energy resources coordinator, establishing energy efficiency portfolio standards, requiring energy-efficient state buildings, requiring sellers to provide electricity-cost information, and appropriating funds from the Renewable Energy Facility Siting Special Fund.

SB 1202 signed as Act 156. Establishes the development of non-fossil fuel transportation as a state policy goal. Requires the designation of parking spaces for electric vehicles and provides penalties for parking a non‑electric vehicle in reserved spaces. Requires State and county agencies to follow a priority list when purchasing energy-efficient vehicles, including electric vehicles. Includes requirements for developing an electric vehicle infrastructure. Establishes the Transportation Energy Transformation Grant Fund Program. Eff. 7/1/2009.

Harvesting the Sun

Sunday, June 21st, was not only Father's Day and the Summer Solstice, it was the start of Solar Heating Week - June 21 - 27, 2009. Last week, Rep. Hermina Morita, chair of the House Committee on Energy and Environmental Protection, joined Lt. Governor Aiona and representatives from Hawaiian Electric Co. in the Executive Chambers for the signing of the proclamation.

This legislative session, Rep. Morita introduced HB1464, a comprehensive bill to align the state's energy laws with the state's renewable energy policies and goals. The bill is currently before the Governor awaiting signature. If enacted, the bill takes effect on July 1, 2009. Here are some of the major points:

*Electric utility companies will be required to establish a renewable portfolio standard of their net electricity sales - 10% by December 31, 2010, 15% by December 31, 2015, 25% by December 31, 2020, and 40% by December 31, 2030.

*After December 31, 2014, the entirety of the renewable portfolio standard shall be met by electrical generation using renewable energy sources.

*Directs the Energy Resource Coordinator to identify geographical areas within the state that contain energy resources and designate energy resource zones. Develop incentive programs to encourage projects.

*Appropriates $1 million for each year of the biennium, FY10-11, for the Renewable Energy Facility Siting Special Fund.

*By December 2010, require state buildings more than 5,000 s.f. or that use more than 8,000 kilowatts annually to be benchmarked and used as a basis to determine the State's investment in improving the energy efficiency of public buildings.

*Require public buildings to be retro-commissioned at least once every 5 years.

*Establishes the Building Energy Efficiency Revolving Loan Fund to provide low to no-interest loans to public, private and non-profit borrowers for energy efficiency improvements and projects.

*Clarifies the solar water heater requirement for new homes.

"Don't Miss" TV

I had a chance to preview Rep. Marilyn Lee's upcoming Kukui Connection shows - the first with Bishop Museum's public affairs director, Donalyn Dela Cruz, and the second with Rep. Hermina Morita, on the top energy and environmental protection bills passed in 2009.

Both shows are really interesting, and I hope you'll get a chance to watch them.  Here are some highlights:

Donalyn Dela Cruz, Bishop Museum (airs Sunday, June 7, 4:00 p.m., Olelo - Channel 54)

*The history of Bishop Museum begins with the love story of Charles Reed Bishop and Princess Bernice Pauahi Bishop.

*The museum houses over 24 million catalogued objects.

*Hawaiian Hall, which is being renovated, will re-open in August 2009.

*Learn about the new exhibits.

*The museum is a non-profit organization, not a state agency, and needs on-going support from the local community.

*The museum has many volunteer opportunities, and, in fact, depends on volunteers in order to operate.

*Website: www.bishopmuseum.org

Rep. Hermina Morita (airs Sunday, May 31 and June 14, 4:00 p.m., Olelo - Channel 54)

*The top energy bills passed this year: HB1271 - Food/Energy Security, SB1202 - Electric Vehicle Infrastructure, and HB1464 - State's Energy Policy.

*HB1271 provides for our long-term food and energy sustainability by increasing the tax on a barrel of oil by $1, and using the resources for energy and agriculture programs.  The impact to the consumer is only about 2 cents a gallon but can easily be made up through energy efficiency and changing our consumption habits.

*Hawaii is one of the first states to implement such an initiative utilizing a type of carbon tax.

*SB1202 provides incentives to build infrastructure for electric vehicle usage.  Great analogy between the infrastructure for cell phone technology and electric vehicle technology.

*HB1464 essentially establishes the state's renewable energy policy.  This includes an ambitious renewable energy portfolio standard, with the goal of 40% renewables by 2030.

*Also discussed - clothesline bill and update on the redemption rates for the bottle bill.

The Kukui Connection: Donalyn Dela Cruz and Rep. Hermina Morita

Don't miss Representative Marilyn Lee's special guests on the Kukui Connection every Sunday at 4 p.m. on 'Olelo's Channel 54.

This month she will talk with Donalyn Dela Cruz from the Bishop Museum on June 7 and June 21, and Representative Hermina Morita on May 31 and June 14.

House Budget Supports Kauai CIPs and School R&M

Kauai Representatives Hermina Morita, James Tokioka and Roland Sagum

The State Budget Bill, HB200, HD1, passed the House of Representatives this week at the midway point of the 2009 legislative session. Kauai Representatives announced today that the House Draft includes over $56.5 million for Kauai Capital Improvement Projects, and over $3.8 million for school repair and maintenance planned for next fiscal year. The bill has crossed over to the Senate for further amendments. The House and Senate will hammer out differences between House and Senate drafts of the budget toward the end of the session. At this time, the bill includes:

Kauai Capital Improvement Projects

FY2010

Kuhio Highway, Route 560, Hanalei Hill $7,000,000
Wailua Emergency Bypass Road $950,000
Kaumualii Highway, Omao Bridge Rehab $550,000
Kaumualii Highway, Lihue to West of Maluhia Rd $36,500,000
Kuhio Highway, Lumahai and Wainiha $1,215,000
Kuhio Highway Intersection KCCC/Wailua Golf Course $3,500,000
Kauai Veterans Cemetery Upgrade $94,000
Port Allen Small Boat Harbor $300,000
Port Allen Small Boat Harbor $550,000
Waimea Canyon School Waterline $2,500,000
Port Allen Harbor Comfort Station $500,000
Waimea Canyon Dr/Kokee Rd $600,000
State Highway Guardrail/Shoulder Improvements $1,000,000
Traffic Operational Improvements $1,200,000
Lihue Airport Noise Monitoring System $100,000
TOTAL $56,559,000

FY2011

Kaumualii Highway, Omao Bridge Rehab $7,500,000
Kuhio Highway, Lumahai and Wainiha $5,000,000
Kauai Veterans Cemetery Upgrade $939,000
Port Allen Harbor Comfort Station $3,000,000
Traffic Operational Improvements $1,200,000
Lihue Airport Noise Monitoring System $746,000
TOTAL $18,385,000

HB200, HD1 also includes over $600 million in statewide projects for FY2010 and over $583 million for FY2011, of which Kauai will benefit although specific breakdowns have not yet been finalized. Planned Repair and Maintenance for Kauai Schools for FY2010 total $3,818,000.

Rep. James Kunane Tokioka, District 15, and Rep. Roland Sagum, District 16, serve on the House Finance Committee, which produced the House draft of the budget bill. Together, and working with Rep. Hermina Morita, District 14, they advocated for the inclusion of the above Kauai projects into the bill. Rep. Tokioka and Rep. Sagum, as Finance committee members, will sit as conferees when the House and Senate work out the final budget bill at the end of the legislative session.

The Ledge: Energy and Fossil fuels

The Ledge: HB 444 Civil Unions

House Bill 444, introduced by Rep. Blake Oshiro, stalled in Senate Committee last month with a vote of 3-3. Senators are considering forcing the bill out of committee for a full floor vote. The Honolulu Star Bulletin has an article on the rally and candlelight vigil held by civil unions supporters Saturday night. The rally is featured in this weeks "The Ledge" episode, which is created by staff of Rep. Hermina Morita's office.

The little boy who missed Rep. Ken Ito

This is the interior of Room 314 in the State Capitol, currently occupied by Rep. Hermina Morita.

Long ago, back in the 1990's, it was the office of Rep. Ken Ito. After Ken Ito, the office was assigned to former representative Lei Ahu Isa. That's when the mischief began!

Lei Ahu Isa says that she is 3/8th Hawaiian and is usually able to sense when spirits are around. When she moved into the office, she definitely felt the presence of some kind of spirit there.

After time passed, the spirit became more physical. For example, she would come into the office in the morning and find papers scattered all over the floor. Then she would find the water bottle tilted off its base. Finally, while she and her son watched, the water bottle would shake and rock back and forth, even after they unplugged the base. It would never completely tip over, but it would sway to the very edge of the container.

Lei decided that she better call for some help. She had Kahuna Momi Lum come in to bless the office. Momi said that she saw a young boy spirit in the office, and the boy did not realize that he had died. She released the spirit, but talked to him before he left. The boy said that he did those naughty things because he missed the man who used to be in the office - Rep. Ken Ito.

After the blessing, Lei did not encounter any problems for the next two years. I spoke with Rep. Morita, the current occupant, and she said that she has not seen or heard anything unusual either.

Kauai Reps Sum Up 2008 legislation

Reporting from Nawiliwili, the Kauai Garden Island covered the Kauai Chamber of Commerce meeting last Thursday with the island's three state representatives - Hermina Morita (District 14 - Hanalei, Anahola, Kealia, Kapaa, Waipouli); James Kunane Tokioka (District 15 - Lihue, Koloa); and Roland Sagum (District 16 - Niihau, Lehua, Koloa, Waimea). They outlined the work accomplished in the 2008 legislative session and listed their priorities. Some highlights:

Morita, who said that energy and the environment were among her top priorities, was asked about photovoltaics, Kaua‘i Island Utility Cooperative’s net metering cap policy, and other issues affecting local residents and businesses.“A lot of people here are so focused on PV (photovoltaics) because it’s sexy, but the technology that’s mature, that gives us the biggest bang for our buck, is solar water heaters,” Morita said. “That’s where we should be making our substantial investments.”Morita estimated that a solar water heater user could save as much as $20,000 over the course of one unit’s lifecycle.

Sagum identified lowering taxes and improving quality of life for seniors as his two top priorities. Sally Motta, Membership Chair for the Chamber of Commerce, said that she saw Sagum’s stance almost “libertarian” and found it interesting that one of his main responsibilities is to kill bills he considers to be unnecessary expenditures anong some 2,000 bills introduced each year in the Hawai‘i House of Representatives.

Morita and Sagum both came out against the proposed Constitutional Convention, which would overhaul the state’s Constitution at the expense of legislator time and taxpayer money.

Tokioka stated that his top priorities include the nuisance posed by tour helicopters to Lihu‘e-area residents, as well as junior varsity sports programs and an ongoing debate over the use of lights for night football games at Vidinha Stadium.

"I'd like the Governor to declare a state of emergency."

That is what David H. Murdoch, a Hawaii businessman who controls, through Dole Food Co., Lanai and other companies like Castle & Cooke, said about Hawaii's dependency on fossil fuels after the signing into law of four renewable energy house bills today in the Governors office.

Today, the amount of renewable energy used in Hawaii compared to fossil fuels is only 10 percent.

The following bills are just the first step in weeding Hawaii off its oil dependency and making it easier for renewable energy facilities to do business here:

House Bill 2505 RELATING TO ENERGY. This bill establishes a full-time energy facilitator and an energy security special fund within the Department of Business, Economic Development & Tourism. The legislature recognizes the complexity of permitting for energy facilities development, and the facilitator is tasked with streamlining the permitting process. The bill is part of the Joint House/Senate Majority Package and was introduced by Rep. Hermina Morita, Chair of the House Committee on Energy and Environmental Protection.

House Bill 2863 RELATING TO RENEWABLE ENERGY. This bill expedites the state and county permitting process for the development and construction of renewable energy facilities that will generate at least 200 megawatts of energy. The bill was introduced by Rep. Calvin Say, Speaker of the House.

House Bill 2261 RELATING TO AGRICULTURAL LOANS. This bill recognizes the importance of a sustainability policy for Hawaii. It includes and makes eligible farm sustainability projects within existing agricultural loan programs and aquaculture sustainability projects within aquacultural loan programs. The bill was introduced by Rep. Clift Tsuji, Chair of the House Agriculture Committee.

House Bill 3179 RELATING TO THE DEFINITION OF RENEWABLE ENERGY PRODUCER. This bill amends the definition of "renewable energy producer" to include growers of plants used in biofuels or other renewable energy fuels. This will enable them to lease public land for renewable energy purposes. The bill was introduced by Rep. Calvin Say, Speaker of the House, by request of the state administration.

House members in the news

Today, Rep. Hermina Morita in the Kauai Garden Island on whether to hold a Constitutional Convention:

“It is my personal belief that a con-con is not warranted,” Morita said. “I don’t believe there are any pressing issues that can’t be resolved on the ballot.”

Morita wondered what was so flawed with the Constitution to need a review in 2010. As an example, she pointed out that in the 221 years the U.S. Constitution has been around, not too many changes have been made to that document.

“I just haven’t heard too many compelling arguments as to what is wrong with our constitution,” Morita said. “We have to ask, ‘What needs to be fixed that goes beyond putting a question on the ballot?’ If it isn’t broken, what is there that needs to be fixed?”

Equality of rights and the right to privacy are articles in the constitution that Morita sees as “take away.”

“If we open the constitution for review at this time, it’s not to enhance any rights, it’s to take away rights,” she said. Other protections Morita is concerned may be taken away are term limits in the Legislature, education rights, Native Hawaiian rights, collective bargaining and water resources.

Morita said the state Constitution is a unique document and should be an enduring document of “what ought to be.”

“We should be proud of the document,” Morita said. “We need to look at the purpose of why there should be a con-con.”

Last week, Rep. Cindy Evans and Rep. Mele Carroll in the Molokai Times on their meeting with veterans in Kaunakakai:

“I introduced a resolution that said I want to go out, throughout the whole state, and I want to talk to the veterans,” said Rep. Cindy Evans, to the roughly 50 veterans at the meeting. “This is the third meeting; I’ve been to Maui, I’ve been to Hilo, and I’ve learnt so much.”

“I’d rather just talk story with the people, I’d rather the ideas come from the people,” said Rep. Carroll, who co-introduced the resolution. “So when I’m over there and advocating on your behalf … we push what you want us to do.”

Saturday, Rep. Blake Oshiro in The Advertiser on the signing of HB3040, the electronic enticement bill:

State Rep. Blake Oshiro, D-33rd ('Aiea, Halawa Valley, 'Aiea Heights), the vice chair of the House Judiciary Committee, said lawmakers were persuaded when they heard that many people convicted of electronic enticement were essentially getting a "slap on the wrist."

"By no means is this meant to be the panacea," Oshiro said. "I think what we really want to do is show that, you know, when we see all of these horrendous stories on the news, that these guys aren't going to be walking away with just one year or probation, they're going to be walking away with a really stiff penalty that fits the crime."

Lawmakers to congratulate Kauai's Sullivan on Red Sox Hall of Fame Selection

Frank Sullivan, former professional baseball player and a 44-year resident of Kauai, will be honored for his induction into the 2008 Boston Red Sox Hall of Fame Thursday at the State Capitol at 12 p.m.

In a special floor presentation during the State Legislative session, House Representatives James Tokioka, Roland Sagum and long-time friend Robert Herkes will present the 6-foot-7 Sullivan with an honorary certificate congratulating him on behalf of the Legislature.

Sullivan, 78, made his major league debut at 23 years old with the Boston Red Sox in July 31, 1953, pitching 252 games from 1953 to 1960. During his career with the Boston Red Sox, Philadelphia Phillies and Minnesota Twins, Sullivan cumulated a 97-100 record in 351 appearances, with a 4.15 earned run average and 959 strikeouts.

In 1963, after being let go by the Twins, Sullivan packed his bags and moved to Lihue, Kauai where he began a career in the hotel and golf property industry. Now retired, Sullivan and his wife, Marilyn, still live in Kauai and will fly to Boston for the Hall of Fame ceremony on Nov. 7.

"That airline crap is brutal," said Sullivan about traveling by plane in a book titled Boston Red Sox: Where have you Gone? written by Steve Buckley. "I'd rather have a root canal than put one foot on an airplane."

Hopefully this will be the flight that Sullivan, one of baseball history's overlooked talents -- until now, will enjoy.

Rep. Morita challenges PUC Superferry permit

Rep. Hermina Morita filed a complaint this week with the state Public Utilities Commission requesting that it suspend its operating certificate for the Hawaii Superferry until the company can show that it has complied with state environmental law.

"I would appreciate your expeditious review of this complaint, as I believe the public's health, safety and welfare is at risk with the continued illegal operation of the Hawaii SuperFerry, Inc.," she said in a letter to the commission.

Read the story in today's Honolulu Advertiser.

Stop Superferry Service to Kauai Until Legal Matters Resolved

That's the main message from Rep. Hermina Morita who sent a letter today to Transportation Director Barry Fukunaga requesting that the state stop all Hawaii Superferry service to Kauai pursuant to last week's Supreme Court decision that an environment assessment is required.

"The use of the State's harbor facilities, including Nawiliwili Harbor, is not appropriate at this time," wrote Morita. "Moreover until all legal matters are resolved or there is further guidance from the Hawaii Supreme Court, the DOT needs to respect the rule of the law."

Morita is critical of the DOT and claims it disregarded the law when it approved the Superferry's operations without requiring an envrionmental review. She highlighted the fact that the environmental review was requested by the Hawaii, Maui and Kauai County Councils, and that the department's avoidance of the process "was done for political expediency not respect for the law and brings us to this juncture."

Morita goes on to state that a full environmental review and full disclosure of the Superferry's operations should have been done at the conception of the business. She emphasized that, "Federal, state and county police or military resources and power should not be used to enforce bad political decisions."

Copies of the letter were sent to Governor Lingle, Mayor Baptiste, the Kauai County Council and the US Coast Guard.

Photo: Kauai protesters greet Hawaii Superferry (AP)