Final Scorecard of 2009 Legislature

posted in: August 2009 | 0
With the deadline for the governor’s vetoes of measures passed by the Legislature this year having come and gone, we can finally report on the bills described in our July issue whose fate was unsettled when we went to press in June. Here’s the scorecard:
House Bill 366, banning the take of manta rays in state waters: This bill became Act 92 when it was signed by Governor Lingle.

House Bill 590, further streamlining the permitting process for renewable energy facilities: In her veto message, Lingle noted that the measure duplicated some of the language in another bill – House Bill 1464 – that beefs up the renewable energy standards for public utilities. That bill, which is Act 155 of the 2009 Legislature, made HB 590 redundant, she noted.

House Bill 994, appropriating half a million dollars for a spaceport license for the state: This became law (Act 187) without the governor’s signature. Senate Bill 537, establishing an Aerospace Advisory Committee, was signed by the governor and is Act 52 of the 2009 Legislature.

House Bill 1174, giving the University of Hawai`i rule-making authority over the summit area of Mauna Kea: This was signed by Lingle and is now Act 132 of the 2009 Legislature.

House Bill 1271, a comprehensive measure that would have pushed Hawai`i in the direction of food- and energy-self-sufficiency by (among other things) adding $1 to the nickel tax now levied on each barrel of imported oil: It was no secret that the administration was adamantly against this, and Lingle’s veto could come as no surprise to anyone following this issue. “This bill is objectionable because it raises taxes on Hawai`i residents and businesses by an estimated $31 million per year at a time when the community can least afford these taxes,” she wrote in her veto message. The Legislature could not override the veto.

Senate Bill 1, imposing limits on the take of `opihi: “This bill is objectionable because it establishes unenforceable standards for the harvesting of `opihi that run counter to good fisheries management practices,” Lingle wrote in her veto message. She added that the Department of Land and Natural Resources already has authority to regulate the take of `opihi. “I have asked the department to conduct a scientific, fact-based review of `opihi to determine whether harvesting limits should be imposed and when they should be imposed,” she wrote. The Legislature did not override the veto in its special session.

Senate Bill 50, imposing more restrictions on the Board of Land and Natural Resources when it comes to leasing lands to producers of energy crops: Lingle vetoed this on the last day possible (July 15), stating in her veto message: “To saddle renewable energy projects with additional hearing requirements adds costs and delays and treats these projects in an adverse fashion, compared to similar applications for use of public lands…. Complicating the process the Board must follow to make determinations on the use of public lands that will reduce the state’s dependence on imported foreign oil is not in the best interests of the public.” The Legislature overrode the veto and the measure is now
Act 19 of the 2009 special session.

Senate Bill 266, to establish a climate change task force: Lingle vetoed this measure, saying that the state’s existing Greenhouse Gas Emissions Reduction Task Force had the same goal of “improving the environment by reducing greenhouse gas emissions.” “We cannot afford to use our limited resources, particularly at this time, to create a task force whose main purpose is to study an issue that we already know much about,” she wrote in her veto message. The Legislature overrode the veto and SB 266 is now Act 20 of the 2009 special session.

Senate Bill 1345, to give compensation to holders of state agricultural and pastoral lands who have part of their leased lands withdrawn: Governor Lingle vetoed this bill, noting in her veto message that the measure “disproportionately and inappropriately compensates these lessees of public lands above other lessees of state lands.” In addition, she wrote, the bill would require the Board of Land and Natural Resources to “compensate certain lessees for the projected or presumed income losses they would incur on the withdrawn portions of their lease and for the insurance costs they incur.” Finally, she noted that the automatic extension provision of the bill “circumvents the authority of the [BLNR] and hinders their ability to ensure that public lands are used for the highest and best public use.” The bill was intended to placate lessees who lost part of their leased lands to palila critical habitat. The Legislature did not override the veto in its special session of July.

 

— Patricia Tummons

 

Volume 20, Number 2 August 2009

 

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