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Hawaii State Senator Gary L. Hooser
Friday, March 14, 2008
8:30AM - Lazarus Returns - The No-Brainer Energy Initiative of the Year
SB644HD1 which requires the installation of solar hot water heaters in all new single family residential construction has returned to life and is moving in the House of Representatives. This Bill passed the Senate last year but was stalled in the House by a solid wall of opposition led by the Hawaii Solar Industry Association, the Building Industry Association, Hawaiian Electric Company and of course The Gas Company.
Kudo's to Representative Hermina Morita Chair of the Energy and Environmental Protection Committee and Representative Maile Shimabukuro Chair of the Human Services and Housing Committee who held a hearing on the measure yesterday and passed it out with unanimous votes in support.
This is a good Bill I know everyone says that about their Bills…but this truly is a good one. A real no-brainer as they say.
1) It costs the State nothing
2) The energy savings for individuals and the state are huge
3) The environmental benefits are clear and obvious
4) Keeping the money in the state that is saved by lower energy bills, is an economic stimulus
5) Jobs are created with this Bill (both manufacturing the systems and installing them)
6) The net cost of home ownership is actually lowered when calculating the 30 year mortgage cost of the system combined with the lowered electric bill
I could go on… as the public benefits are enormous.
The opponents don't like the measure because they are comfortable with the status quo and do not want to see the boat rocked (IMHO).
The truth is we could do much, much better than the status quo. With a little courage, Hawaii could be a national leader on this issue and take a huge step toward energy independence.
Those interested in this measure can read the amended version of the Bill here - http://www.capitol.hawaii.gov/session20
The testimony can be read here - http://www.capitol.hawaii.gov/site1/doc
Mahalo to the Hawaii Sierra Club for providing Google Earth images of the bare roof tops of hundreds of new homes built recently in major developments on Oahu compared with the hundreds of solar systems installed on roof tops of newly built military housing. http://www.hi.sierraclub.org/capitol/so
To check on the status of the Bill and provide testimony as might be appropriate you can check here - http://www.capitol.hawaii.gov/site1/doc
Today's Honolulu Advertiser story on the recent House hearing can be read here - http://www.honoluluadvertiser.com/a
Monday, February 18, 2008
9:04AM - Show up and make a difference
Aloha Friends,
This is just a short note to ask you to please set aside the time to attend and vote at tomorrow's, Feb. 19, Democratic Caucus's that will be held all around our island and our state.
Though you must be a Democrat to participate, you can sign up at the Caucus location itself.
Your participation is important. Please, please, please take the time to participate in the process.
I am supporting the candidacy of Senator Barack Obama. If you care to read about the reasons behind my choice you can read an editorial describing the thoughts and reasons behind that decision here; http://www.kauaiworld.com/articles/2
If you have never participated in the Democratic Caucus process before that is ok. All are welcome.
Visit http://my.barackobama.com/page/cont
Voting begins at 7PM but you must go early as there may be crowds and some confusion at certain locations because of the large numbers of people expected to turn-out. If you are going to be registering as a Democrat at the same time it is even more important to go early.
This is important. Please show up and make a difference.
gh
Thursday, February 14, 2008
7:39AM - A fascinating look at conflicts in the appraisal and mortgage industry SB2407
Back after a long break from blogging.
For daily news of activity at the capitol please visit the Senate Majority Blog at http://www.hawaiisenatemajority.com
For a fascinating inside look at "value pressure and conflicts" within the real estate appraisal industry read the below. This is a slightly edited version of an actual email I received after introduction of SB2407.
****************************************
Good morning Senator Hooser,
I hope this email finds you in good health and spirits and all is well with you and your family.
Senator Hooser, I’m writing to you in regards to the current lending industry chaos.
I started in the real estate appraisal field over 20 years ago working under XXXXXXX, and got licensed in XXXX.
I never realized just how political, chaotic and unethical the lending industry can be until I began operating my own business. There is so much that goes on behind closed doors that very few people are aware of, unless you are in the real estate business, specifically, appraisal and lending. It has been a frustrating uphill battle for me – do what is ethical, yet have the lending industry basically shoot you down for doing your job correctly - following rules and laws.
I’m referring to value pressures. I have been exposed to value pressure on a daily basis. Almost every client of mine, from mortgage brokers to big banks want you to hit a specific number to make the loan or purchase work. It usually starts with the realtors pressuring the loan officers to make a deal work or “I’ll take my business somewhere else”. The loan officers in turn put the pressure on the appraisers to make the deal work and if it doesn’t, guess what? No work from that lender anymore.
Sure, I can drop that client of mine, but, what if the majority (and I mean at least 90%) of the lenders/brokers work the same way? It’s a catch 22 for sure. Damned if you do and damned if you don’t.
If I don’t follow USPAP (Uniform Standards of Professional Appraisal Practice), lender and FANNIE MAE guidelines, my license could easily be revoked, I could get sued or both. If I follow the guidelines, rules and regulations, I don’t have much work, if any, from these clients. I am appalled at the current lending situation where a lot of homeowners will lose their property to foreclosure because they can’t afford to make the monthly mortgage payments. Why? Because values were stretched by appraisers who were pressured by their clients and also because a lot of loan officers put homeowners in loans they shouldn’t have gotten in the first place.
The pressure on us appraisers is so great that I believe if this continues, there will be no such thing as unbiased professional opinions of values. I have on several occasions been short on value on a purchase, especially when market prices were increasing at a high rate. Guess what the loan officer does? Hires another appraiser who WILL come in at value. This State is so small that the news eventually got back to me. I’ve had an actual situation where a loan officer from a MAJOR bank here in Hawaii requested not to use me any more on the appraisals for his clients because I’m “too conservative”. I guess conservative means following rules, providing unbiased professional opinions of value and running the business in an ethical manner.
I have yet to receive an appraisal order for this loan officer’s clients. Quite pathetic and an embarrassment to the industry as a whole. Is this the way the financial institutions are supposed to work? I highly doubt it.
My frustrations have grown over the years as I feel absolutely powerless against these “giants”. We as appraisers have little, if any voice in the lending industry.
We are basically abused and used. I have not, will not and refuse to succumb to value pressure. I have lost many clients as a result of operating my business in this ethical manner…yet some of my competitors who will stretch value opinions, not mention deficiencies (termite damage, woodrot, non-conforming uses, etc.) as they should and not do a proper appraisal conforming to USPAP and lender guidelines gets the majority of the work.
I’ve become frustrated to the point where I’m almost considering changing careers…at age XX. It is so disheartening and unfair that things operate in this manner and have been for many years. I have too much time invested in my career to give up and refuse to do so. I will also adhere to my ethical practice and will continue to provide unbiased, professional opinions of value regardless of the pressure or loss of work.
I spoke to XXXXXX this morning about this and he mentioned that you have proposed a bill, SB2407 I believe. I would like to learn more about it and hopefully be a part of providing insight into the situation and also give my opinion as to what can be done to help alleviate all the dishonesty and shameful business practices. I would like to meet with you one day, maybe over lunch and take up an hour of your time do discuss this matter further. I feel that it would be a huge benefit to the lending industry and state and federal government to hear the appraisers’ side of the story…let the appraisers give input as to just how corrupt the system is. We may have alleviated a lot of current and future foreclosures and the lending industry wouldn’t be where it is today…especially when the tax payer has to pay to help fix the problems…although the majority of the problems stem from the actual lenders, those who are truly responsible for the current lending industry chaos.
I look forward to your reply and hopefully we can schedule a meeting.
Sincerely,
XXXXXXXXXX
State Certified Appraiser #XXX
Wednesday, December 12, 2007
7:01AM - Audio of Hawaii Superferry Floor Speech
At the request of numerous individuals I have posted here an audio copy of my remarks made on the floor of the Hawaii State Senate on October 29 during the 1st Special Session of 2007. The remarks are in opposition to a legislative proposal granting the Hawaii Superferry special authority to operate prior to completion of the required Environmental Impact Statement. The measure was passed into law with 5 members voting No and 20 voting Yes. Audio can be found here http://www.hawaiisenatemajority.com/Aud
Sunday, December 2, 2007
9:53AM - Go Bows! Plus many hats and one signature - the challenge of being accessible
Wow! What a football game. Go Bows!!
Like much/most of Hawaii I was riveted to the television screen last night as I joined friends to partake in what ended up to be a veritable "pot luck feast" and watch the game of the century (or so it seemed at the time).
Am spending today catching up on odds and ends "work" – Senate, private sector and campaign.
That being one of the challenges for all those who serve in elected office. How do you keep all of the tasks and responsibilities separate? The need to keep all of the various responsibilities separate and yet the reality of how life works – poses some interesting situations and questions.
Today, I am re-working my personal "email signature" – the message or information that comes at the bottom of every email I send out from my personal email address.
As mentioned, I wear essentially 4 different hats and people normally contact me for 4 different reasons: Official Senate business, my private sector occupation (V.P. of Public Affairs with Loomis-ISC), my 2008 Senate re-election campaign which is now underway, and of course personal and family affairs.
To keep my life as simple as possible and to insure that I am able to work from any computer anywhere in the world, I have come to rely on my garylhooser@hotmail.com address for all purposes (except for official Senate business).
Besides making life easier for me, having one central email address also seems to work well for the wide variety of people I communicate with on a regular basis, who often wonder how best to get a hold of me. In addition, many people email or call requesting basic information that is available on the respective websites, so it is important that this info also be easily available and repeated often.
The final point that needs to be emphasized to those many people who do email my personal email account on State government issues, is that while I welcome the dialogue - email to or from my personal email address does not constitute official business or official testimony.
So, as those of you reading this blog know by now, my Sunday morning has been spent figuring out how to accurately and appropriately squeeze this information into as few words as possible and place at the bottom of every one of my emails.
Voila! My new email signature is complete - though I suppose I should incorporate an actual "scanned in" personal signature above my name. – Another day perhaps.
Gary L. Hooser
garylhooser@hotmail.com is the primary address to use for all purposes (personal, Loomis-ISC, and Campaign) except for official Senate communications.
* Official Senate contact: senhooser@capitol.hawaii.gov 808-586-6030
* V.P. Loomis-ISC: Communications/Marketing http://www.loomis-isc.com
* 2008 Re-Election Campaign: Friends of Gary Hooser http://www.garyhooser.com
* Hooser Blog http://garyhooser.livejournal.com/
This message is a personal, private and unofficial communication.
Final Notes:
Though I freely give out my personal email and cell phone number to those in the community who need to use these contact points to reach me – I ask that people use them with discretion.
Please do not add my email to any "lists", nor send newsletters, general educational articles or jokes to this address (unless they are really, really funny – or the information is really, really useful). If you have general testimony or other serious and official needs communicate, please use the official Senate address, senhooser@capitol.hawaii.gov .
If it is important that you reach me promptly and directly at any point in time, please do call my cell 808-652-4279 – otherwise my Senate office number 808-586-6030 is the number to call.
At my Senate office, my office Manager Mark Mararagan knows my schedule and can arrange a meeting (telephone or in person) if needed. Often times, my Senate staff can assist you directly with whatever your need or question might be – please feel free to ask Mark and/or my chief policy analyst Carl Miura for help and assistance.
Tuesday, November 27, 2007
2:10PM - The time is now to schedule pre-session meetings
As the year 2007 draws to a close, the time remaining to prepare for the 2008 legislative session is growing increasingly scarce. When holiday celebrations and year end vacations are taken into consideration, there remains less than 26 working days in which to complete all pre-session work.
The annual 60 day legislative session begins on January 16 and ends on sine die (Latin translation "without a day"), also known as the final adjournment of the session during the first week of May. This is the time period when new laws are passed, old laws amended and the State Budget approved. During this intense 4 month period, I am working daily at my Capitol office in Honolulu.
The time for residents to meet and to dialogue personally with their legislators is now, before the start of the 2008 legislative session. Once the session begins, schedules are such that it becomes extraordinarily challenging to set aside the quality time needed for in depth, personal discussions.
Though I am always available by telephone and email, personal one-on-one visits of any quality and extended time are difficult to arrange once the legislative session begins. During this time period there will be in excess of 2,000 individual pieces of legislation proposed and each day will be packed, wall-to-wall with committee meetings, public hearings and caucus meetings. Sandwiched between it all will be a wide variety of smaller "stand-up meetings" and individual conversations both in person, via email and on the telephone with colleagues' and constituents.
Because of the scheduling challenges that are present during the legislative session, I encourage non-profit organizations, community groups, schools, and businesses alike who are interested in meeting to discuss issues of relevance, to call my office as soon as possible. While I am also open to meeting with individual persons on matters relative to their specific situation – due to the limited time available, small groups discussing common issues are preferable. Those people who have specific concerns pertaining primarily to their particular individual situation, should first brief my chief policy analyst, Carl Miura at (808) 586-6188, who will then conduct the preliminary work that may be needed to address the situation.
Depending on the needs and desires of those requesting the meeting, I am available to speak on the legislative process and/or update groups, large or small, on specific legislative subject matter areas. More importantly, I am available to listen and to learn more about the needs of various segments of our community – and to hear the suggestions and ideas for solutions that might come forth at such meetings. If desired and appropriate, I would be pleased to invite legislative colleagues to also participate.
Though the holiday season makes it somewhat of a challenge, I have asked my office manager, Mark Mararagan to be especially creative in working with organizations and individuals who would like to schedule meetings during December. Mark knows my schedule inside and out and will do his best to find a time and day that works. Though day time hours and weekdays are preferred, I am also available if needed during the evening and on Saturdays. Mark is available by telephone at (808) 586-6030 and welcomes your inquiry and meeting request. Or, as always, if you would like to speak with me directly, please call my office at (808) 586-6031, or if you prefer, you may also email me at senhooser@capitol.hawaii.gov.
Tuesday, November 6, 2007
9:27AM
Thank you to Larry Geller for giving me the "heads up" that Beth-Ann Kozlovich's Hawaii Public Radio - Town Square program that aired on November 1 is now online for those who could not tune in live. The topic of this program was "What now?" What happens now in regards to the Hawaii Superferry?
Audio can be found here: http://felixfrenz.com/townsquarehaw
or http://hawaiipublicradio.org/audio/TS_1
Also, you might want to visit and book-mark Larry Geller's blog "Disappeared News" http://www.disappearednews.com
Thursday, November 1, 2007
10:32AM - Superferry Diary's #4 - My favorite quote from my favorite Representative
According to the Honolulu Advertiser
http://www.honoluluadvertiser.com/a
State Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a), said the House was emasculating the courts and the rule of law. She said it was appropriate that the vote was taken on Halloween. The bill, she said, "dressed in the facade of the toothless conditions, is still one ugly bill that reeks the horrors of political favors gone awry and should be haunting this Legislature on how cheap we sold the credibility and respectability of this institution and our moral compass."
Monday, October 29, 2007
1:35PM - My floor remarks presented on Superferry 3rd reading vote
October 29, 2007
Remarks in opposition to SB1SD1 Re: Hawaii Superferry Special Session
Madame President, I rise in opposition to SB1, SD1.
Before I begin my remarks Madame President I would like to offer my thanks to you, to the Chair of the Judiciary Committee and to all of the members who took the time to attend the neighbor island community briefings on this issue, and to truly listen to the people who came forward to share their mana‘o on this important issue.
Thank you especially Madame President for showing true statewide leadership by not only agreeing to hold hearings on each of the neighbor islands but in fact insisting that we do so, and then taking that extra time attending them yourself.
Madame President, as all of us here today know, I speak today in opposition to SB1 not as the Senate Majority Leader but simply as the Senator who represents District #7 and the people of Kaua‘i and Ni’ihau.
And Madame President, I will say upfront and directly…I know full well that people in my district as well as people throughout the state…are divided on this issue. Some believe strongly that it is right, fair and just that we amend the law as is being proposed today and others believe equally as strongly that to do what is being proposed is wrong, terribly unjust and are appalled that we are even considering the Bill now before us.
There has been much talk over these past few weeks about how the majority of the people in our State want the Superferry.
I do not doubt one bit that this true and I also believe that if done properly, an inter-island ferry system can be good for Hawaii.
But I also believe that most people would not be so eager to offer their support if they knew it had the potential to irreparably harm our environment, as was the conclusion of Maui Judge Cardoza. But this question was not asked in the polls that were conducted.
Neither was the question asked: Do you believe the Hawaii Superferry should comply with all State and federal laws? If it was asked, I suspect an overwhelming majority would say yes. But yet the Superferry is here today asking us to change the law, just for them.
And this is one of the most fundamental points upon which my opposition is based. We are here today to change the law to benefit one particular business, which as we all know, is the Hawaii Superferry.
Yes, the Bill does not name a specific business but only refers to “a large capacity ferry vessel” …but the entire reason we are here today in this special session, in my singular and humble opinion, is to save the Hawaii Superferry.
And I suspect a majority of people in the room today are ok with that. Many perhaps feel that because of the history, background and significance of this particular business…that it is ok to pass this Bill designed to help this one particular business.
I respect that position, however, I personally believe that it is not ok, and in fact believe that the legislation before us clearly violates at the very minimum, both the spirit and the intent of our State constitution.
Some will argue I am sure that this is an extraordinary situation that demands extraordinary measures…and I respect that view but I just cannot support it.
As most of you know, I was an early supporter of the Hawaii Superferry. In 2004 it seemed like a great idea and I signed and supported like most in the room a Resolution to that effect.
I was told by proponents at the time, that the service would provide a low cost inter-island transportation alternative to our residents, that it was environmentally friendly and it would be a boon to our economy…so I said yes…sounds good to me…let’s expedite the permits and get this thing going.
Needless to say, I was not aware that they were going to ask the State to provide $40 million in harbor improvements nor was I aware that they intended to bypass the environmental review process.
Expedite means hurry up the paper shuffling, it does not mean cut corners, by-pass protections, or make an end run around the law.
And certainly expedite does not mean exempt.
For the record, I still believe that expanding inter-island travel options including an inter-island ferry operation is probably a good idea…but it needs to be done right, and it needs to follow the law, not make the law.
Perhaps…if the Hawaii Superferry was just an unwitting victim of an inept decision by State government I might feel differently. Perhaps if the “mistaken exemption” which created this whole ungodly mess was simply an inadvertent error that no one could have possibly anticipated…perhaps the entire community might feel differently.
But as we all know this is not the case.
The Hawaii Superferry operation is controlled by very wealthy and extremely politically connected individuals.
The primary principal is the former Secretary of the Navy, Mr. John Lehman who served under President Ronald Reagan, is a close friend of Henry Kissenger, an appointee to the 9/11 Commission and is closely associated with the top of the top in military and national security circles of influence.
Mr. Lehmans investment group has placed approximately $80 million dollars into this venture and they can easily afford the best lawyers in town…perhaps the best lawyers in the world.
So no…the Hawaii Superferry is not an unwitting, naive and innocent victim in this situation.
The Hawaii Superferry, the DOT and the Lingle administration have known this outcome was a possibility since day one. And they have worked “hand in glove” since day one to push this project through.
The political process according to public records began in 2003 when the Superferry operators began briefing the Lingle administration and various community groups.
According to recent testimony, Bob Awana, the former Chief of Staff to Governor Lingle was personally involved in consulting on the process and helped draft the operating agreement between Hawaii Superferry and the State.
So how much money does it require for a project to be able to negotiate directly with the Governor's office?
In 2004, the PUC began extensive public hearings with strong public sentiment pointing out the need for an environmental review. HSF management and the DOT had to have known at this point that the lack of an EA or EIS would likely pose a problem. But rather than slowing down and doing it right…they chose to plow ahead.
In 2005 the Kaua'i County Council, the Hawaii County Council and the Maui County Council all passed Resolutions calling for the requirement of an Environmental Impact Statement.
The DOT and the Hawaii Superferry adamantly opposed each of these Resolutions.
In 2005 Senate Bill 1785 also demanding an EIS be conducted was introduced and passed out of the Senate Energy and Environment Committee but was defeated in the Transportation committee after intense opposition from both the State DOT and the Hawaii Superferry.
If the State and the Hawaii Superferry would have conceded the issue in 2004 or even 2005, the EIS would likely have been completed by now and the Superferry service would be well underway.
But as we all know they did not and chose instead to keep their heads down and just push on through, in spite of growing community and legislative opposition to their position.
The lawsuits started in 2005, and though the Maui court denied the Plaintifs case, both the Hawaii Superferry and the DOT were well aware that the matter was being appealed to the Hawaii Supreme Court.
During the 2005 and 2006 legislative sessions, further attempts were made in the Senate via budget proviso’s to force the owners of the HSF to be more forthcoming in their dealings with the neighbor-island communities who were expressing increasing concern about potential impacts.
In 2006, a community group, People for the Preservation of Kaua'i attempted to present Governor Lingle with a petition containing some 6,000 signatures requesting an EIS and the governor’s office refused to even receive the petition.
Again, if the Hawaii Superferry and the DOT had at this point decided to just do things the right way… all of this mess, we find ourselves in today…could have been avoided.
Then, in Feb. 2007, the Environmental Council, a group of citizen volunteers appointed by the Governor and responsible for offering input and advice on the environmental review process…again…these are volunteers appointed by the Governor whose job it is to offer input and advice on environmental review matters…including the exemption process.
This group issued a 9 votes to 1 decision that stated on no uncertain terms that the DOT had made a mistake when granting the environmental review exemption. Once again both the State’s own attorneys and the Superferry attorneys fought hard in opposition.
For three years running many state legislators, County councils and private citizens attempted to convince the DOT and the Hawaii Superferry to undergo an EIS process and finally during the 2007 legislative session we in the Senate passed SB1276SD2, a compromise solution that would have required an EIS while allowing the HSF to operate.
Once again…arm and arm and in lockstep… the DOT and the HSF vehemently opposed this requirement…thumbed their noses at the Senate and refused the offer of compromise.
While some might suggest that the language of SB1276 needed further clarification…one thing that was very clear…and was made in numerous public statements, by numerous people including myself… right here on the floor of the Senate…
What was imminently clear was the intent…and obviously as is routine in the legislature, language corrections and amendments if needed, could have easily been made in the House.
Once again, if the DOT and the HSF had accepted our compromise, we would not be where we are today.
All along the way, the State administration and the Hawaii Superferry have fought and resisted the requirement for proper environmental review of this project. They have been together…locked together, arm in arm, like two peas in a pod….every single step of the way.
So no. The Hawaii Superferry is not an innocent and unwitting victim deserving of special dispensation in the form of a special session and this pending legislative bailout.
They are highly influential, sophisticated, and very wealthy business operators who knowingly and willingly worked closely with the Lingle Administration in an effort to avoid…at all costs it seems…to avoid and circumvent the proper and legally required environmental review process.
The Hawaii Supreme court ruled unanimously, 6 to 0, that the DOT erred and should not have exempted the project.
The Hawaii Superferry knew full well what they were doing, they took a calculated risk and on August 23 they rolled the dice and lost.
Blaming the protestors for this debacle, and attempting to fault those in the community who believe in protecting the environment is nothing short than pathetic.
No doubt, we will hear repeated here today the mantra of how this is all the result of “a small vocal minority”.
That mantra my friends is simply shibai.
For the record it was the egregious mistake made by the DOT and confirmed by a decision of the Hawaii Supreme Court which ultimately led to the stop of the Hawaii Superferry - not some mythical and all powerful “small vocal minority group”.
The truth is much simpler than that:
The Lingle Administration working hand in glove with the Hawaii Superferry owners…made a bad decision and have been called on it by the highest court in our State.
In addition to being unwilling to support special interest legislation on principal…I also believe given the history of this particular situation, a bail out of this nature is totally unwarranted…and quite frankly they don't deserve it.
Again for those who believe this is the only way we can fix this sorry state of affairs…I respect your opinion, I do not question your integrity, your principals nor your intent but I do disagree.
I believe that good people, people of good will and intelligence can agree to disagree. I believe that good people can look at the same set of facts and circumstances and come to different conclusions.
However in my heart, I also believe that in this particular situation we are poised on the edge of making a grave error.
If passed, this legislation…in my singular and humble opinion…has the potential to seriously undermine our existing environmental laws and establishes a new standard that is sure to encourage other businesses follow.
Worst of all… is the message this decision sends to those in our community who believe that playing by the rules is important.
What do we tell those folks on Maui who fought so hard in court, against overwhelming odds and the tremendous combined legal resources provided by the State and the Hawaii Superferry?
What do we tell those in my district whose community and political awareness has been incredibly galvanized by this issue?
What do we tell our youth, young adults in their 20’s and 30’s who up until now most would have considered “disenfranchised”…
young adults who up until this point have had little faith in government…until that is the Hawaii Supreme Court ruled in their favor…proving to them…at least for a little while anyway.. that the “fix was not in” and that the system did in fact “work”.
What do we tell those folks who played by the rules, fought against overwhelming odds, finally were awarded a victory…
and then we come along and change the rules…and yank that victory away before the ink is even dry on the paper it was written on.
Yes…technically it is true that the Court judgment stopping the HSF from sailing to Maui does not apply to Kaua'i and there is no legal impediment at this time preventing the HSF from going to Nawiliwili…tomorrow if they like.
But to most in my community…this legal technicality does not dampen nor detract from the truth…and the truth is that the DOT should not have granted the exemption and the Hawaii Superferry should not have been allowed to sail prior to conducting the required environmental review.
So what now?
It is inevitable that this Bill or some version of it will pass…and the Hawaii Superferry will sail soon once again…without the EIS but yes with some conditions that should help…and I thank my colleagues for the significant effort it took to amend this legislation.
This issue has drained our spirit and divided our community.
It is time now for all of us to move on.
Before I close I have two requests to make…one of my community and one of the Hawaii Superferry.
I am asking those in my community and on Maui and elsewhere…those who may be outraged at the legislative action that is taken this week …
please know that I share your outrage, your anger and your disappointment.
I agree, the system has let us down. But I ask you to please…please take a deep breath and think about the future before acting in haste.
Jumping in the water, putting yourself and your friends in physical danger, risking arrest…it is just not worth it.
Protest and boycott if you must…but please do so peacefully and within the bounds of the law. Better yet, I urge you to focus your positive energy and join with others of like mind to help change and improve the system.
To the owners of the Hawaii Superferry I ask that you also help heal the rifts and calm the tempers by participating in and embracing a community centered Hooponopono process of conflict resolution, prior to launching service.
I urge you to accept the assistance and participation of an independent third party facilitator who might gather community leaders together for positive collaborative dialogue, without the presence of government.
Put off your launch date for now and work instead to help mend the wounds that have been created in our communities and around our state.
Madam President, colleagues and friends…I thank you for your indulgence in allowing me extended time to share with you my deepest thoughts on this issue…this issue which has taken so much from each and every one of us.
As you know already, my vote will be NO…but as I hope you also understand, I do respect and honor your decision and your vote, whatever it may be on this issue.
Thank you. gh
Saturday, October 27, 2007
9:56PM - Superferry Diary #3 Photo's
For those who are interested. Photo's of the Honolulu and Kauai Superferry hearings can be found at http://www.flickr.com/photos/9209485@N0
Tuesday, October 23, 2007
10:29AM - Superferry Diary's #2 - email coming in on the subject
Another interesting note from constituent on Kauai:
Sent: Tuesday, October 23, 2007 9:17 AM
Subject: RE: pls. support the Superferry
Hello,
I was told , that Sen. Gary Hooser signed the waiver of EIS on 2005 on some
legislation session paper for Superferry. How now he's changed. Is this position,
is this true?
Resident of Kauai,
Aloha,
My response as follows:
Thanks for your note to my office manager who just passed it to me. I am rushing to go to the Big Island for today's hearings, but will try to jot down a few thoughts on this important subject.
The situation you are referring to is probably a reference to a 2004 Senate Resolution that supported the Superferry's operations and which was passed unanimously in the Senate. I did sign and vote in support of that Resolution and at the time thought the Hawaii Superferry was a good idea. It is important to note that the Resolution did not request or grant any exemptions to Hawaii's environmental review law.
Myself and all of my colleagues in the Senate initially supported the concept of the Hawaii Superferry (via this Resolution) when it was first presented to us in 2004. However, when we learned in 2005 that they were requesting $40 million in State funded harbor improvements and that they were also requesting an exemption to the law requiring an environmental review- many in the Senate began having serious reservations about the company, the project and the process. The environmental review law is pretty straightforward and it is very common for projects using state land or state resources to have to go through at least a preliminary environmental review (Environmental Assessment or EA). In 2005 I voted in support of a Senate Bill that would have required an Environmental Impact Statement. In 2006 and 2007 I continued working with some of my Senate colleagues in trying to get the company and the DOT to be more accountable and to conduct the environmental review that the Hawaii Supreme Court and the Maui court ultimately said was required by law.
So the short answer is that yes, I did support the Superferry when it was first proposed but I have never supported exempting them from the environmental review process. Since 2004, I have found that many of the things told to me initially by the Hawaii Superferry proponents have turned out not to be true. The more I have learned about this company and the manner in which this entire matter has been handled by the DOT during this past almost 4 years, the more concerned I am about the entire process that preceded the granting of the exemption.
I would be happy to speak with you in greater detail about this matter at some point. I did get your telephone message and hope this email addresses some of the questions you have. It is unfortunate that our state has found itself in this situation. Though I am open and sincerely wish all parties could come to a positive resolution - I am not optimistic at this point that a solution that is "fair" and honor's the spirit and intent of the law will be found.
Sincerely, gh
Senator Gary L. Hooser
Senate Majority Leader
Hawai'i State Senate
Seventh Senatorial District - Islands of Kaua'i & Ni'ihau
Office: (808) 586-6030 Toll Free: 274-3141, ext. 66030
Fax: (808) 586-6031 Email: senhooser@capitol.hawaii.gov
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9:16AM - Superferry Diary's #1 - sample of email coming in on the subject
Over the coming days, I will attempt to post a variety of the more thoughtful and provocative messages that are being sent to my email box...both the good, the bad and the ugly.
Email message I received this morning from a Kauai resident.
"In my opinion, there are bigger issues facing Kauai than this ferry situation, and I have not really been that concerned about it. What I am concerned about is how it is affecting people's perception of the integrity of the government. There seem to be two major issues that threaten to have a larger impact than the ferry itself.
Both of these issues give people the impression that the legislature is willing to go to great lengths to circumvent due process of law.
1. The idea of the legislature passing a law to overturn valid decisions of the courts, including a unanimous decision of the Supreme Court, and even convening a special session to do so, weakens people's confidence in the whole judicial process. Moreover, this will set a very dangerous precedent. Does this mean that any time the legislature disagrees with a judge's decision, they can simply vote to invalidate it? This leads down a very slippery slope.
2. The concept of conducting an environmental assessment while the ferry operates is so transparently illogical that a child can see though it. The whole purpose of an EA or an EIS is to determine whether the thing being studied may be harmful to the environment before the harm is done. Conducting the study while the potentially harmful action is allowed to continue makes no sense whatsoever. And what happens if the EIS finds that the ferry is in fact a danger to the environment? Will the state then be responsible to pay to undo the harm that was done?
In this era when so many people perceive government to be acting on behalf of powerful corporations without regard for the general public, it may be very detrimental to the reputation of the Hawaii State government for them to follow this course. People will believe from now on, for many years into the future, that the government is not to be trusted. And maybe they would be right. This is something that concerns me more than the specific situation of the ferry. "
emailed in from a Kauai resident
Thursday, October 18, 2007
11:43AM - Latest response to those interested in my position on the Superferry and Special Session
Because of the tremendous volume of email coming in on this subject, I have prepared the following message which is being sent out to those who inquire as to my "position" on the Hawaii Superferry and the pending Special Session.
Aloha,
Thank you for taking the time to write to me your thoughts and concerns regarding the issue of the Hawaii Superferry (HSF). Please know that I respect and honor your perspective on this very important matter.
Like a great many in our community, I too was an enthusiastic supporter of the Hawaii Superferry when it was initially proposed at the legislature in 2004. It sounded at first like a great idea and the story put out by the Hawaii Superferry agents was persuasive.
However, soon the true nature and intent of the Superferry began to take form. During the 2005 legislative session there was a request by the Superferry owners for $40 million worth of harbor improvements and then on February 23, 2005 the DOT exempted the Superferry harbor improvements from the environmental review process. My initial support then quickly evaporated and I joined with others during that same legislative session and supported SB1785 requiring that the HSF conduct an EIS. This measure passed the energy and environment committee but ultimately did not survive the legislative process.
As time went by, the more I learned about the HSF, the more convinced I became that an EIS was not only needed but was required by law. It also became clear that the DOT exemption to the environmental review requirement was a mistake. In fact on Feb. 27, 2007 the Environmental Council of the state Office of Environmental Quality Control issued a letter stating it "does not concur with the DOT determination…", with regards to its decision granting the exemption.
It is important to note also that the Hawaii Supreme Court position on this matter is similar to a position that many in our community have advocated over the past two years - including official resolutions passed by the County Councils on Kauai, Maui and the Big Island of Hawaii, individual efforts by numerous state legislators and the voices and petitions of thousands of individual citizens. This is not as some would suggest, a last minute effort to block the Hawaii Superferry. The effort to require an EIS has been ongoing for over two years.
My fundamental position on this issue is based on the support of existing law, both the letter, the spirit and the intent. The Hawaii Supreme Court has ruled that the Department of Transportation (DOT) must conduct an Environmental Assessment on the harbor improvements and resulting impacts that will occur as a result of the Hawaii Superferry operations. In addition, Maui Judge Joseph Cardoza has also ruled that the Hawaii Superferry may not operate until the required environmental studies are completed.
Governor Lingle and the DOT have steadfastly refused to acknowledge their error in judgment which was pointed out by the Hawaii Supreme Court. Instead, they have repeatedly misrepresented the facts, claiming that the Hawaii Superferry is being singled out for unfair and unequal treatment.
I strongly encourage you to read the Honolulu Advertiser article entitled "Hawaii Ferry Not Singled Out" http://the.honoluluadvertiser.com/artic
Another unfortunate Superferry incident is also described in the Honolulu Advertiser which you can read here: http://www.honoluluadvertiser.com/a
On the very first day of operation, 3 people took their pickup trucks from Honolulu to Maui on the Superferrry and loaded them up with river rock stolen from a nearby stream intending to take the rocks back to Honolulu perhaps for imu pits or rock wall construction. The risk of excessive harvesting on Kauai and Maui of opihi, limu, maile and many other items considered rare and hard to get on Oahu is a real and valid concern that needs to be thoroughly addressed.
The reason our state is in the difficult position it is in today with regards to the Hawaii Superferry, is because the DOT tried to short-cut the public review process and refused to listen and act on community sentiment that was based solidly on existing law.
If the DOT had chosen to act more prudently and follow the same process with the Hawaii Superferry as is presently required of many other businesses, there would have been no Hawaii Supreme Court decision, no protests, no negative feelings in the community - and in all likelihood the Hawaii Superferry would now be operating its business as planned, albeit with environmental protections and mitigating factors in place.
It appears at this time that Governor Lingle will soon be calling a special session and asking the legislature to amend the law and allow the Hawaii Superferry to operate while an EIS is being conducted. Though I respect those with contrary opinions on this matter and the will of the majority in the legislature, as an individual Senator I do not support going into a special session to amend the law.
Should we be called into special session which I fully expect to occur, I will advocate for strict conditions governing the HSF operations and that a full investigation into the source of this very unfortunate situation be conducted.
For the record, I am not opposed to the establishment of an inter-island ferry system that will transport residents and goods between the islands. To be sure, expanded transportation options are necessary and inevitable. But we need to do it right, and we need to follow the law.
Thank you again for taking the time to write and to share with me your thoughts and concerns. Please do not hesitate to contact me again in the future if you would like to discuss this or any issue in perhaps greater detail.
Sunday, September 30, 2007
11:45AM - At the risk of rambling
Where to start? These past few weeks have been jammed with activity and there has been little time for either “regular” correspondence or for blogging. My apologies to those awaiting a response to an email or telephone call – and to those who visit this blog expecting to read something new and are disappointed.
Though my Capitol staff handles many routine tasks and will respond to inquiries directed to them, I do my best to respond personally as much as possible – and certainly would not ask a staff member to “blog” on my behalf.
While I carry my cell/PDA with me wherever I go, responding to incoming voice and email messages can be challenging. My cell/PDA is a wonderful instrument however typing out lengthy email messages on the tiny keyboard is tedious at best, and ducking out of nonstop meetings to return telephone calls can also be difficult.
Am looking forward to catching up during the coming week where I have some quality office time scheduled.
So where have I been and what have I been doing these past few weeks?
Well, in between travels I have started reading (and am thoroughly enjoying) Alan Greenspan’s book, The Age of Turbulence and I have Al Gore’s, The Assault on Reason waiting in line.
Three days were spent with the Senate Ways and Means Committee on the Big Island, visiting various projects and meeting with community members. A similar but one day WAM tour was also conducted here on my home island of Kauai.
I also visited San Francisco for a few days attending an “Assets and Opportunities” conference/training event, and then took a quick trip to Santa Clara University to visit with my truly amazing daughter who is beginning her second year there as a student – in between the traveling were numerous meetings both on Kauai and at the Capitol including moderating a forum sponsored by the Spark Matsunaga Peace Institute commemorating Peace Day.
When asked for suggestions on what I might blog about today my wife Claudette said, “Tell them you are behind in your chores”.
Actually, being “behind in my chores” is more or less a perpetual state of being in my life. While I like to think I accomplish important tasks and make a difference in the work that I do, catching up on my chores around the house seems to never make it very high up my list of priorities – oh well.
Saturday, September 15, 2007
9:13AM - Saturday Morning Thoughts - Coco Palms, Superferry (of course) and on blogging in general
HAWAII SUPERFERRY
In case there is anyone out there that is not fully overloaded with Superferry information: Tomorrow, Sunday September 16 at 3:30pm on PBS Island Insights (Channel 11 on Kauai) – There will be a rebroadcast of Myself, Senator Fred Hemmings, Kauai resident Keone Kealoha and Honolulu Enterprise executive Alex McGehee discussing/debating (sometimes arguing) the Hawaii Superferry issue.
Broadcast journalist Leslie Wilcox did an admirable job refereeing/moderating/hosting the discussion in the absence of Dan Boylan who is recovering…I think…breaking his leg. Hope Dan is ok and hope he had a chance to view the show when it ran live on Thursday night. Would be interesting to hear his comments.
KAUAI COCO PALMS HOTEL
Other big news of the day on Kauai is the demise of the re-development of the historic Coco Palms Hotel. While the developers seem to be blaming the County, I think the bottom line is they simply have “missed the market” and now are looking for a way out.
In 2005 (when first entering the State legislature) I was among several in our community who suggested that perhaps the State (or some appropriate entity) should/could purchase the property and convert it to a State owned Cultural Heritage Park. Since the recent “demise of the Coco Palms development” news has surfaced, several people have contacted me to suggest that the idea of a park be re-visited.
So, I have put this on my "things to do list" and will see where it leads me.
One of the primary challenges to moving this idea forward is sure to be the ongoing management and costs that would be associated with a State purchase and conversion to a State park.
To overcome this challenge it would probably mean “partnering" with an entity that has the resources and capacity to plan, implement and manage such a proposal. While I might be able to find support for some portion of the funds to purchase the property, there would likely be significant resistance to the ongoing operational responsibilities and expense. Most of the parks the State already owns are under-funded and under-maintained. Perhaps this is a project for the Office of Hawaiian Affairs (OHA)? They have the funds and the property has great historical and Hawaiian cultural significance. Though it has been several years since the idea was first floated, I seem to remember having a conversation with Kauai OHA Trustee and friend Don Cataluna about this. I will call him.
BLOGGING IN GENERAL
While I am committed to continuing with my efforts to make regular entries, the time challenges have been significant. While I welcome comments and am willing to keep the “comment” function open and functional, it is not always possible for me to respond to every single comment and opinion. I just flat out do not have the time.
I encourage people to use the “comment” function both as a way to get their message to me but also as a way to engage a discussion on the issues between “commenter’s” and in most cases, without my participation. Though I will on occasion “jump in” to comment, I do not have the time or the energy to engage in protracted discussions/debates/rebuttals with mostly anonymous commenter’s.
While I have no problem allowing dissenting or contrary opinions, I reserve the right to delete any comment I believe to be offensive or inappropriate.
Please know that I am significantly challenged at the present time, just keeping up with my regular official and personal email and telephone communications that come in on a daily basis. While I enjoy the blog, and am committed to posting on it on an increasingly frequent basis – my official and personal communications with real identifiable people must be my first priority. I am committed also to remaining accessible to all who really need to reach me and who have thoughts that I need to hear and concerns/needs which I might be able to assist them with.
So bottom line: Please do not consider an entry into the comment section of this blog as an official communication to me. Though I make an attempt to read all current comments, some may be missed and/or not be responded to.
All official business communications or requests should be directed to my Senate office at senhooser@capitol.hawaii.gov or 808-586-6030. If for some reason I am not immediately available, please feel free to speak with my office manager Mark Mararagan who is there to also offer whatever assistance is appropriate.
Aloha for now. gh
Wednesday, September 12, 2007
9:03AM - A response to those with a contrary opinion
Aloha,
Thank you for taking the time to write to me your thoughts and concerns regarding the issue of the Hawaii Superferry. Please know that I respect and honor your perspective on this very important matter.
I also greatly appreciated the opportunity to explain my feelings and thoughts.
The fundamental issue is one of supporting existing law. The Hawaii Supreme Court has ruled that the Department of Transportation (DOT) must conduct an Environmental Assessment on the harbor improvements and resulting impacts that will occur as a result of the Hawaii Superferry operations.
It would be inappropriate for me to support any other position as the Constitution requires me to swear an oath to this effect.
With regards to the protests held recently at Nawiliwili: I would like to be absolutely clear that while I support the right of people to protest and to fully exercise their right to free speech, I do not condone nor support the physically aggressive, illegal and inappropriate behavior of any protester.
It is also important to note that the Hawaii Supreme Courts position on this matter is similar to a position that many in our community have advocated over the past two years - including the County Councils on Kauai, Maui and the Big Island of Hawaii, numerous state legislators and thousands of individual citizens. This is not as some would suggest, a last minute effort to block the Hawaii Superferry.
Governor Lingle and the DOT have steadfastly refused to acknowledge their error in judgment which was pointed out by the Hawaii Supreme Court. Instead, they have repeatedly misrepresented the facts of the situation, claiming that the Hawaii Superferry is being singled out for unfair and unequal treatment.
If you have a moment I strongly encourage you to read a recent article in the Honolulu Advertiser entitled "Hawaii Ferry Not Singled Out" http://the.honoluluadvertiser.com/artic
Another unfortunate Superferry incident is also described in today's Honolulu Advertiser which you can read here: http://www.honoluluadvertiser.com/a
It seems that on the first day of operation, 3 people took their pickup trucks from Honolulu to Maui on the Superferrry and loaded them up with river rock stolen from a nearbye stream intending to take the rocks back to Honolulu perhaps for imu pits or rock wall construction. The risk of excessive harvesting on Kauai and Maui of opihi, limu, maile and many other items considered rare and hard to get on Oahu is a real and valid concern that needs to be thoroughly addressed.
The reason our state is in the difficult position it is in today with regards to the Hawaii Superferry, is because the DOT tried to short-cut the public review process and refused to listen and act on community sentiment that was solidly based on existing law. If the DOT had chosen to act more prudently and follow the same process with the Hawaii Superferry as is presently required of many other businesses, there would have been no Hawaii Supreme Court decision, no protests, no negative feelings in the community - and in all likelihood the Hawaii Superferry would now be operating its business as planned, albeit with environmental protections and mitigating factors in place.
In any case, I am hopeful that the above information might be helpful, and perhaps better explain my position with regards to this issue.
Thank you again for taking the time to write and to share with me your thoughts and concerns. Please do not hesitate to contact me again in the future if you would like to discuss this or any issue in perhaps greater detail.
Sincerely, gh
Monday, September 10, 2007
3:43PM - Pick the word you feel is most appropriate
This was the headline in Sunday's Honolulu Advertiser.
"Hawaii ferry not 'singled out' for review"
http://the.honoluluadvertiser.com/artic
This well researched story confirms that talking points which have been repeated adnauseum by Department of Transportation Director Barry Fukunaga, Governor Lingle, and Hawaii Superferry CEO John Garibaldi...have been inaccurate...less than forthright...disingenuous...untrue...bol
Posted later today:
And still another misstatement of fact by the State Administration as reported on KHON Channel 2
By Gina Mangieri http://www.khon2.com/news/local/963
"The U.S. Maritime Administration says it did not demand environmental exemption in order to back the Hawaii Superferry's loan. In a recent letter, Gov. Linda Lingle told state Sen. Gary Hooser that the Maritime Adminsitration placed such a condition on the loan.
But the head of the administration, Sean Connaughton, says that was not the case. Connaughton says the maritime agency only wanted proof of the state and Superferry's prior claims that the harbor improvements could be exempted from review."
Sunday, September 2, 2007
12:38PM - Hemmings sticks his foot in it
Senator Fred Hemmings has again gone off the deep end in his zeal to protect the honor of his Governor and the titular head of his Republican party. In his most recent diatribe he strays from mere expanded hyperbole and inflammatory embellishment to the telling of outright lies and widely exaggerated distortions of the truth.
Until I called him on it this morning the opening paragraph of his mostly incoherent rant accused me of:
"...standing on the pier on Kaua‘i yelling into a megaphone as surfers and kayakers in the ocean dangerously and illegally blocked the Superferry. Nearby, other demonstrators were pounding on passengers' vehicles and letting the air out of tires.” Wrote Senator Hemmings
This is a total fabrication.
Hemmings at my request has since removed the above paragraph but the rest of the written piece is still rife with fantasy, misinformation and a complete fabrication of events that just did not happen – interspersed with jargon direct from the “talking points” put out by the Hawaii Superferry, DOT and Governor’s office.
Remember, this Senator Hemmings is the same fellow who fancies himself as an icon of the Hawaii surfing world. And is the same Senator Hemmings who recently called for the use of force by armed National Guard troops against Kauai surfers, canoe paddlers and swimmers who voiced their objections to the Hawaii Superferry. If he would take a moment to talk to his former surfing and paddling buddies on Kauai, before he sicks the National Guard troops on them, perhaps he might better understand where they are coming from on this issue.
Additional Note added 9/10/07: Hemmings piece was significantly re-written and edited a second time, which improved things somewhat but it still contains significant misleading and inaccurate statements.
11:38AM - SuperFiasco: It did not have to be this way
By State Sen. Gary L. Hooser and published in local newspapers
The Hawaii Superferry Fiasco: It did not have to be this way
The Lingle administration's refusal to acknowledge the egregious errors of the Department of Transportation in its handling of the Hawaii Superferry matter is troubling. The Hawai'i Supreme Court has ruled unequivocally that the DOT erred and that state-approved environmental impact studies should have been required and must be conducted.
The response of the administration and Superferry management in actually accelerating the Hawaii Superferry operations schedule has been appalling. It was in-your-face arrogance that utterly ignores the court's decision and clear mandate.
The message from the fifth floor of the State Capitol to Hawai'i residents is clear: The interest of a single big business takes precedence over the interests of the environment, the law and the people.
Rather than recognize and acknowledge the DOT's mistake and seek a collaborative way to resolve the issue, and rather than taking a leadership role or at least a brief time-out to gather the various parties together in search of an acceptable solution to the complex dilemma they have created, Gov. Linda Lingle, the DOT and the Hawaii Superferry are choosing to once again ignore the law in their zeal to ram the project through the process, regardless of public, environmental or legal concerns.
The law is clear, and the Hawai'i Supreme Court has verified this fact. When public funds are used and the resulting impacts are potentially significant, an official and comprehensive environmental assessment is required.
For the past two years, thousands of our residents, primarily from the Neighbor Islands, have made this claim and requested that the DOT and the Hawaii Superferry comply with the law.
A wide variety of community and environmental organizations have initiated lawsuits calling for a formal environmental review.
County councils on the Big Island, Maui and Kaua'i have passed official resolutions making the same request. The state-sponsored Environmental Council of the Office of Environmental Quality Control issued a formal message stating that an official environmental review should have been required.
A majority of Neighbor Island senators introduced legislation in the recent session and the Senate passed out a bill offering a compromise that would have required an environmental impact statement while allowing for the commencement of operations for the Superferry.
Instead of accepting a win-win solution that would have served both the Superferry and Hawai'i's fragile environment, the DOT and the Hawaii Superferry have steadfastly refused all requests and all offers of compromise, choosing instead the arrogance of the steamroller approach. After all, they had been able to block all attempts by the Legislature, they had the full support of the governor, and the benefit of hundreds of millions of dollars invested by a politically powerful and influential board of directors.
In the end, we live in a nation of laws, and it is refreshing to be reminded that the rule of law prevails.
The Hawai'i Supreme Court, the highest court in our state and an independent third branch of our government, reviewed the arguments presented by both sides and came to the unanimous conclusion that the DOT was wrong and an officially sanctioned environmental review is required.
It did not have to be this way. If the Lingle administration had from the beginning put the interests of the public, the law and the environment ahead of the interests of the Hawaii Superferry, we would not be having this discussion.
In all likelihood, by now the environmental assessment would have been completed and the business operating, albeit with environmental mitigating factors in place.
Instead, because of the administration's mismanagement, we had an escalating and potentially dangerous conflict brewing at our harbors, and today we have a community even more cynical and less trustful of our government, a business whose future is in doubt and the potential of many millions of dollars in lawsuits ahead for the state.
State Sen. Gary L. Hooser, D-7th District (Kaua'i, Ni'ihau), is Senate majority leader.
Monday, August 27, 2007
5:03PM - Protests and my statement to the Governor
Most Hawaii residents are aware but for those of you who do not live here this link will fill you in on the huge Superferry protest that occured on Kauai this past Sunday: http://www.honoluluadvertiser.com/a
Today I issued this public statement and sent a similar letter to Governor Lingle.
Hawaii Superferry: Public Statement issued on August 27 by Kauai Senator Gary L. Hooser
"I am deeply concerned by what appears to be an imminent escalation of the conflict that was evident during last night’s actions on Kauai, protesting the operation of the Hawai‘i Superferry. In particular, we should all be concerned about the potential in these confrontations, for an increased risk of injury to those involved.
As a result, I am requesting that all parties: Superferry employees, protesters, police and Coast Guard personnel exercise restraint, keep all actions within the bounds of the law and avoid direct confrontation and unnecessary aggressive actions.
In addition it is imperative that a cooling-off period be put into place immediately while our community works through the important questions that have been raised in the last few days.
Therefore in the interest of preserving public safety I am requesting that Governor Lingle immediately work with Department of Transportation director Barry Fukunaga and the Attorney General's office, and call upon the Hawai‘i Superferry to cease operations while the courts consider the complex legal issues raised by last week’s ruling by the Hawai‘i Supreme Court, mandating an environmental assessment of the Superferry’s impact on our islands.
The situation as it now stands is intolerable and fast approaching a point where serious injuries and further arrests are likely. Precipitous action benefits no one. Confrontations, injuries and arrests do not serve our community’s well-deserved reputation for mutual respect and aloha.
I am also calling on Governor Linda Lingle to provide the leadership now lacking in this situation and begin a meaningful collaborative process aimed at averting further confrontations. But first, she must call on the management of Hawai‘i Superferry to cease operations until we have a solution that best serves the needs of our community."
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