Hawaii State Senator Gary L. Hooser

In 2009 Year Of The Ox, Be Persistent.
Implement Your Plans And Do Not Compromise Your Ideals.
Find Your Expression In A Creative Endeavor.
And Enjoy Stability In Love And Family.

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The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.
-Martin Luther King, Jr.

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Managers are people who do things right,
Leaders are people who do the right thing.
Warren Bennis, "on becoming a leader" 2003

Senator Gary L. Hooser
Watch "The Hooser Story" at http://www.garyhooser.com

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/Audio/SenHooserSpeech.mp3

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.

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.

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/townsquarehawaii/Playlists/TS_110107.m3u

or http://hawaiipublicradio.org/audio/TS_110107.mp3

Also, you might want to visit and book-mark Larry Geller's blog "Disappeared News" http://www.disappearednews.com

According to the Honolulu Advertiser
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20071101/NEWS01/711010371

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."

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

For those who are interested. Photo's of the Honolulu and Kauai Superferry hearings can be found at http://www.flickr.com/photos/9209485@N02/

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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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

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/article/2007/Sep/09/ln/hawaii709090361.html. This well researched report shows clearly that Matson, Young Brothers and the Cruise ships have in fact had to undergo environmental assessments. The Governor and the DOT claim of unfair treatment is simply not true.

Another unfortunate Superferry incident is also described in the Honolulu Advertiser which you can read here: http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20070912/NEWS01/709120411

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.

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.

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.

At least that is the headline in today's Kauai, The Garden Island newspaper http://www.kauaiworld.com/articles/2007/08/01/news/news05.txt

The story is basically accurate however as is the case when space is limited - much of what was said, was not included in the story. My primary point to the people in attendance at the event was that "I do not believe that the actions of the Hawaii Superferry developers were in the best interest of the people of Kauai".

That is the bottom line and that is why I will not be using the services of the Hawaii Superferry.

There is not one shadow of a doubt in my mind that the HSF developers should have conducted an EIS. The state Department of Transportation should have required an EIS and existing law clearly intends that an EIS needed to be conducted and no exemption should have been granted. Every neighbor island County Council requested an EIS and thousands of individual citizens supported this requirement.

When the Hawaii State Senate's final legislative offer to the Hawaii Superferry was amended to remove the risk of business interruption and require that the cost of the EIS be paid for by the State (and not the HSF) - the Hawaii Superferry developers still objected and refused to support the EIS proposal. This attitude of resisting and refusing to support an EIS under any and all circumstances, despite clear and consistent public support for one, sent a message loud and clear that is now being reflected back upon the developer/operator by the community.

And yes it would be accurate to say that "I will not be riding on the Superferry" and am hoping like-minded friends will join me in delivering the message.

While some would say "give it up already". It is clear that the people in my district are a long way from giving anything up.

And the Superferry saga continues.

Submitted to The Garden Island Newspaper on Kauai

Walking in the Old Koloa Days Parade this past Saturday was a fun reminder of how: “Lucky we live Kaua‘i”.

The weather was perfect with blue skies, scattered clouds, and a strong cool breeze. Friends and family, local residents and visitors alike lined the roadway clustered under the shade of large monkey pod trees, sitting on beach chairs, blankets and on tailgates of pickup trucks. Coolers filled with water, cut pineapple, and frozen ice snacks seemed to be everywhere while children of all ages waited patiently with huge smiles and obvious expectation for the additional sweet candy they knew through experience would soon be forthcoming.

The parade itself can only be described as “local style” in the most positive sense. Rugged paniolo astride their spirited steeds, beauty queens and young princesses in convertibles, the Mayor and other local dignitaries walking and riding, school groups, halau and local businesses- all part of the grand procession. The numerous floats and walking groups focused creatively on the theme of “Plantation Days” depicting the fond memories of a time gone past.

Keiki walked with kupuna. Old time Koloa residents and kama‘aina walked side-by-side with part-time residents and malahini. Real estate developments and hotel resorts shared the road with conservation groups and non-profits. Everywhere, people from all walks of life were talking and laughing, shaking hands and embracing. Friends old and new were doing the things that build and strengthen communities – celebrating their love of life on Kaua‘i and specifically the love and respect for life in Koloa. Yes, we are very lucky to be able to call Kaua‘i home.

While I have many friends who are Realtors, developers, contractors and resort operators – on this day I walked with my friends from Malama Maha‘ulepu. I joked to fellow walkers that I wanted to send a message of “where I stood before I actually had to take a stand”. Few in the Koloa district would argue that the protection and preservation of Maha’ulepu is sacrosanct and I was glad to join this hardworking and dedicated community group.

As evidenced by the ubiquitous presence of trucks, heavy equipment and construction workers combined with the miles of “dust screens” that criss-cross the landscape, it is abundantly clear that major changes are coming to this area. While in a year or two most of the heavy equipment and heavy dust and noise will be gone, in its place will be armies of carpenters, plumbers and electricians building the homes that will be placed on the vacant lots, interior roadways and cul-de-sacs now being created. The carpenters in turn will be replaced by new residents both permanent and part-time, accompanied by the inevitable growth in even still more tourists and visitors.

The pressures on a community resulting from such dramatic growth taking place in such a short and concentrated time frame are significant. Too many cars on the road, too many people on the beach compounded by the frustration felt by residents from too few affordable homes and too few expanded and alternative roadways. As is always the case during times of accelerated growth and change – there is good news and there is bad news. The positive economic impacts will be a boon to some perhaps even many, while the negative social and cultural impacts will be a bane to others, also perhaps many. Most would probably agree that a slower more measured approach would have been preferable, but to bemoan the reality of change seems fruitless.

Better to focus our energy now on improving the livability of our communities by expanding and improving parks, schools, roadways and walking/biking paths. Better now to focus on preserving areas such as Maha’ulepu to insure that they are not lost in the shuffle of the next real estate boom. For there will always be another real estate boom, that you can be sure. While real estate buy/sell cycles extend infinitely into the future, our natural and cultural resources are truly finite. We will always get another chance to catch the next real estate investment wave but we often only get one chance at preserving and protecting our historic and archeological sites, our wild coastlines, our open space and fertile agricultural lands.

This is why I walk with Malama Maha’ulepu, this is why we should all walk this walk in all parts of our island. We may not get another chance.

Got an email a day or so ago that gives notice at http://hui-r.info/ of a new community effort focused on the impending launch of the Hawaii Super Ferry. Though I have heard rumors in the past...this is the first time I've become aware of any organized effort that mentions the words "civil disobedience".

Another extended dry spell of blogging comes to an end. Posting on a regular basis is kind of like "eating right and exercise" - you know you are supposed to do it and you know it is good for you…but getting into the routine and staying on track is challenging at best.

I spent last week at the University of Virginia's Darden School of Business participating in their "Emerging Political Leaders" program. Myself along with 50 or so other legislator's from 30 something different states were invited to participate in the program as guests of the State Legislative Leaders Foundation. It was a great program and well worth the time and energy invested. 4 days were spent in a fairly intense class-room setting discussing various aspects of leadership and problem solving. Our reading assignments and the subsequent lecture/discussions were focused on the following books which for the most part I enjoyed tremendously and encourage other's who might be interested to also check them out.

The Books:

The World is Flat by Thomas Friedman - Very provocative but probably could be said in about 1/2 the pages

Freakonomics by Levitt & Dunbar - Interesting and provocative and an easy read (also required reading at Kelli-Rose's college class)

Presidential Courage by Michael Beschloss - Very, very good if you are into history and politics. Easy read

Moneyball by Michael Lewis - Though I am not a baseball fan I really enjoyed this book. It is about looking at things differently and solving problems with limited resources. Well written and an easy read.

True North by Bill George - My least favorite. Raises good points but the focus was on corporate leadership and seems like message could have been presented in about 1/2 the space.

Enjoy them if you get a chance.

The below is a recent verbatim email exchange between myself and a friend/constituent who resides on Kauai. I have deleted his last name and other identifying characteristics but thought the heart and content of the message might be interesting to a broader audience and so though I would share it. gh

From: Steve on Kauai
Sent: Thursday, May 03, 2007 9:52 AM
To: Sen. Gary Hooser
Subject: Leadership

Aloha Gary -

As I watch what goes on in the legislature in Honolulu these days, I have become more and more concerned that it is more about politics than about governance. I know you, I like you and i've supported your candidacy for public office in the past. I think you have the necessary qualities to govern wisely at even higher levels. HOWEVER, I strongly believe that you need to pay less attention to your party affiliation and more to figuring out what is best for the people of Hawaii. If you become just another skilled politician, you'll lose my support. I'm looking for people to represent me that can ignore special interest groups (like unions, for example) and dogmatic party alignments and consistently ask themselves whether their position is good for all the people in the state. You're a leader and i'd like to see you focus more on leading the Senate as a whole and not just the Democrats in the Senate.

If I'm off base with this, feel free to ignore it but I think you have the potential to be an outstanding public servant and I needed to let you know what I'm seeing from way over here on Kauai. If I didn't think you had the potential to be excellent, i wouldn't take the time to send this. Mahalo -

Steve
Steve on Kauai

****************************************************************

Hello Steve,

My apology for taking so long to respond to your email. I greatly appreciate the time, energy and thought that went into its composition and wanted to respond in a like manner.

It is often difficult to properly communicate what really goes on at the legislature. Mainstream newspapers, radio and television do what they can with the resources they have but the result is a rather superficial view that more often than not focuses primarily on the contentious and the controversial. This view is further fueled by partisan soldiers on both sides writing negative "letter's to the editor" and websites that distort and mislead (like Hawaii Reporter). Republican Senator Sam Slom's own organization Small Business Hawaii is one of the worst offenders, repeatedly and egregiously printing inaccurate, misleading and unnecessarily inflammatory articles slamming Democrats specifically and the legislature in general.

The decisions I make as your State Senator are based on what I believe is the right thing to do. I do not deny that my personal and political philosophy supports what many would consider a liberal to progressive bent, and my voting record will certainly reflect that. At the end of the day however, I listen to the arguments put forth on issues that come before me and then vote my conscience.

With regards to my susceptibility to "party influence" - though much of the media and the general public perception might have you think otherwise, the present and historical reality is that I am rarely contacted by "party people" who might want to lobby me one way or another on a specific issue. A similar situation exists with regards to unions. Some in the media would have you believe that we are all at the beck and call of labor unions, which is just not the case.

For most in the public the phrase "special interest" is tinged with negativity. The truth is that "every interest is a special interest". During the legislative session I am visited by unions, Realtors, teachers, environmentalists, Chambers of Commerce, AARP, Legal Aid Society, the disabled community and numerous other groups (there are over 300 "registered" special interest lobbyist's in Hawaii). Each of these "special interests" seek to protect and promote their particular niche interest. All are important, all deserve to be heard and their particular perspectives taken into consideration. In the end, yes I agree we must make our decision based on what we believe is best for the entire state, but the needs of so-called "special interests" are part of that formula as well.

While I believe our system of government is the best in the world, it remains a very challenging task to "get things done". The process of making and changing law is slow, tedious and often not very pretty to watch. There are 25 Senator's, 51 Representatives and the Governor - a majority of whom must agree in order to make something happen. Getting a majority to agree on general themes is easy, but as they say - the devil is always in the details. This is why there is compromise and this is why things move so very slowly. This is also perhaps why media and the public tend to focus on the 2% of what we do that is contentious and controversial - because the rest is so darn boring.

Thank you Steve for your letter as it has caused me to think more about the position I hold and the job that I was elected to do. The legislature is made up of regular people - complete with their strengths, weaknesses, pimples and blemishes. While we don't always get it 100% right and we sometimes make mistakes, I believe an impartial and unbiased look at the totality of the work that we do each year, would conclude that the positive far exceeds the negative,

Again, I offer you my sincerest thanks for your faith and confidence in me, and for taking the time to share your thoughts and concerns. Please know that I remain fully committed to doing my very best to serve you and all the people in our State.


Sincerely, gh

Gary L. Hooser
State Senator
District #7 Kauai' and Ni'ihau

During the day-to-day work of being a Hawaii State Senator, I am often asked my advice on public policy advocacy. The following "7 Rules of Advocacy” represent what I believe to be the most important factors of success that all successful advocates (both amateur and professional) follow diligently.

1) Know your representative: Request meetings, or attend meetings that are sponsored by your representatives—be it County, State or Federal. Write them about subjects and issues that you are concerned about. If at all possible, get to know them personally. If you like the work they are doing, offer to help and support them in that work. Relationships matter. The effectiveness of an advocate is multiplied significantly if there exists a personal and positive relationship between the policy maker and the advocate.

2) Know the process: At the State level, the legislative website http://www.capitol.hawaii.gov is an invaluable tool that allows individuals to track and study legislation. While it is not necessary to be an expert on “how a bill becomes law,’ it is important that advocates know the basics. Know and understand the differences between County, State and Federal responsibilities, and the Legislative, Executive and Judicial branches of government. Your representatives and their staff can help you with this, but ultimately a successful advocate must know and understand the process.

3) Target your energy and know the subject matter: Resist the urge to be involved in every issue or every controversy. People who testify on every issue risk becoming known as gadflies and quickly lose effectiveness and credibility. Lawmakers frequently need help developing solutions in specific subject matter areas. Advocates with a reputation for knowledge in these areas are often sought out for advice and consultation.

4) Affiliate with a like-minded group or organization: There is strength in numbers. Whether it is the Chamber of Commerce, a labor union, the Sierra Club, the League of Women Voters or any of a wide variety of organizations, pick one that interests you and then get involved. There is no question that in many situations, the testimony and active advocacy of a credible organization, backed by all of its members, can carry more weight than that of a lone individual.

5) Base your testimony on fact and present it with respect and conviction: While emotional testimony has its place and can be effective, the majority of decision-makers need facts and reason upon which to base their final votes. Do your homework and provide legislators with a sound basis to support the position you are advocating. If your testimony is presented in writing—whether via regular mail, fax or email—make sure it includes your complete name and contact information.

6) Offer an alternative solution or amendment: Besides simply advocating to “kill” a proposal, consider how might it be improved and perhaps made acceptable. Often there is significant pressure in the community for legislators to “do something” to resolve a wide variety of issues. Simply saying “no” to a proposed piece of legislation often does not help the legislator (or the community) arrive at an adequate solution.

7) Start now and do not stop: It’s never too soon to begin advocating for issues that you feel strongly about. Initial advocacy by private citizens or special interest groups is often the impetus for new legislation. Providing input prior to the initial drafting of the legislation is as important—and maybe more important—than providing input as a response to the legislation once it is proposed. Do not stop advocating and tracking the proposal until the Bill is signed into law, or the legislative session is adjourned. Experienced advocates know that proposals are often amended, killed, and sometimes revived and brought back to life in the final minutes and hours of the legislative process. As the famous saying goes. It’s not over until it’s over.

Public input and the work of community advocates are key elements in the public policy decision-making process. I encourage all who are interested in helping to shape the laws and environment in which we live and work, to engage the process and make a difference. If you would like to learn more about effective advocacy, or if my office or I can assist you in other matters pertaining to State government, please do not hesitate to call 808-586-6030 (Honolulu office), 808-652-4279 (direct cell) or email senhooser@capitol.hawaii.gov

Worth visiting: http://costofwar.com/index.html