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The Honolulu Advertiser

Posted on: Thursday, February 10, 2005

Coalition pushing bills on land reserves, cruise waste

By Karen Blakeman
Advertiser Staff Writer

Preserving wild shoreline and other scenic areas and putting teeth into cruise ship dumping restrictions are among the environmental issues before the state Legislature in 2005.

Among the measures that environmental groups support is legislation on waste discharges by cruise ships.

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A coalition of environmental groups and supporters, including the Conservation Council of Hawai'i, Life of the Land, Office of Hawaiian Affairs, Rocky Mountain Institute, Native Hawaiian Legal Corporation, Hawai'i Clean Elections, KAHEA, Hawai'i's Thousand Friends, and the Sierra Club, Hawai'i Chapter, have thrown their combined weight behind more than a dozen of the initiatives.

"Citizen organizations state-wide came together to develop common-sense solutions to our most pressing environmental problems," said Jeffrey Mikulina, director of the Sierra Club's Hawai'i Chapter.

The coalition hopes to make sure Hawai'i's natural and cultural beauty are protected for later generations, he said.

The first measure, the Legacy Lands Act, would allow state and local governments and nonprofit groups to purchase land along shorelines and other scenic or culturally significant areas and protect them. The environmental groups have proposed a budget of $4.25 million, or about one quarter of the annual take from the state's conveyance tax.

The second initiative calls for an increase in funding for Hawai'i's natural area reserves system. The reserves — areas of state-managed land that contain some of the best examples of Hawaiian ecosystems — now have an annual budget of about $1 million. The environmentalists say that to properly care for these areas, the budget should be increased fivefold.

They say doubling the state's conveyance tax would foot the bill. The conveyance tax is a form of property tax. Assessed at the rate of $1 per $1,000 conveyed each time a real estate title changes hands, it has become a lucrative source of funding.

Environmentalists won't be alone in vying for it. Affordable housing advocates want more conveyance tax money to go toward subsidies and low-interest construction loans for developers of lower-income housing, a goal that Gov. Linda Lingle supports.

Mikulina said the housing plan could cause problems for the environmental programs.

"Unless," he said, "the natural area reserve bill passes. That would double the conveyance tax from $1 per $1,000 conveyed to $2 per $1,000 conveyed."

The increase, he said, would provide enough money to fund both the environmental measures and to satisfy the demand for more affordable housing.

Russell Pang, a spokesman for the governor, said Lingle is unlikely to agree to that. "The governor has said she cannot sign off on any tax increases," he said.

Legislation that would provide state regulation of waste discharges by cruise ships in Hawai'i coastal waters also is backed by the environmental groups.

Cruise ship companies have entered into a memorandum of agreement with the state, saying they will refrain from dumping wastewater and chemicals in Hawai'i's coastal waters. The agreement contains no provisions for enforcement or penalties.

The environmental groups, who point out that the federal government has levied more than $48.5 million in fines against the cruise ship industry for dumping violations since 1993, say laws with teeth are needed.

They are backing legislation modeled after a law in Alaska. Drafted by Sen. J. Kalani English, D-6th (E. Maui, Moloka'i, Lana'i), the legislation would set a per-passenger fee to fund an inspection program and would set penalties for noncompliance.

Robert Kritzman, executive vice president and managing director of Hawai'i operations for Norwegian Cruise Line's NCL America, said he did not see why the legislation was necessary.

Kritzman said Norwegian's ships have sewage treatment systems that far exceed any land-based systems in the state. Liquids are processed to the point that they become pure water before they are discharged, he said. Sludge, treated to be made toxin-free, is dried and sent to landfills.

Plastics, metals, glass and oils are recycled, he said. Paper and cardboard are incinerated at sea. Hazardous waste goes to the Mainland.

"We don't oppose the purpose of the legislation," he said, "we're just a little bit perplexed by the perceived need for it."

"Good," said English, chairman of the senate's environment committee. "Then he won't mind the bill passing. Let's put it into law."

Other measures up for consideration by the Legislature and supported by the environmental groups include strengthening laws prohibiting muddy construction runoff; tightening construction permitting to gain more control over the process and make sure coastal zones are protected; regulating genetically engineered organisms; and pursuing clean energy.

The 13 top environmental issues are detailed at www.hi.sierraclub.org/legislative, and have been distributed to legislators.

Reach Karen Blakeman at 535-2430 or kblakeman@honoluluadvertiser.com.