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The Honolulu Advertiser
Posted on: Sunday, May 24, 2009

How tech bit the dust at the Capitol


By Jay Fidell

This session was nothing to write home about.

For tech, it was difficult and disagreeable. Some say it ended in a "mess," but the veto process is not yet complete, and public understanding has only begun.

Legislative insiders will know about the fate of the tech bills. The rest of us may not have caught up with them yet.

On June 4, ThinkTech is doing a retrospective called "TechState 2009" with Pacific New Media, TechHui, Anthology and the Hawaii Venture Capital Association. It will cover the dynamics of the session and the results for the tech industry.

A MIXED BAG

It's hard to find a coherent direction. Act 221 was dismembered one year before its sunset; the Internet GET bill passed; no action was taken to stimulate other capital for tech.

A "first step" renewables bill passed, calling for studies and standards; an electric car bill passed, requiring up to 10 percent of parking facilities for electric cars; but the bill allowing condos to install solar and wind devices died; the bill against new fossil generating plants was deferred; and the bill allowing Superferry to continue pending the completion of an EIS failed.

The bill prohibiting GMO taro failed; the bill prohibiting government from banning GMOs also failed; the affordable housing bill passed, resulting in deferral of the KS biotech center at Kaka'ako; no action was taken to address biotech importations under the problematic Ohana Pale decision.

The DBEDT diaspora bill failed, but NELHA was moved to DAGS; the bill partially deregulating Hawaiian Telcom passed; the bill to develop space tourism in Hawai'i passed; but the broadband commission bill died.

DISCUSSION POINTS

We need to understand what happened in this session, or be doomed to repeat it. Here are some points that TechState 2009 can discuss:

Leadership. The leadership was fearsome — they appointed only chairs that followed them, even if it meant on-the-job training. This affects legislative quality, especially in the conference committee end-game. Decisions are derivative, neither independent nor for the greater good. The ship of state is rudderless and in irons.

Budget. The budget crisis was cover for so many things. Linda Lingle has consistently attacked 221, in good times and in bad. This year she used the economy to justify her attack — a convenient new argument for the same old saw. Wouldn't it have been better to see the crisis as an opportunity?

Statemanship. One quotable was, "We started with collaboration. It turned into cooperation. Now we're in confrontation." The governor's deteriorating relationships derailed meaningful tech policy, further eroding her legacy. On top of that, there were breakaways and bad feelings on both sides of the aisle.

Anti-tech. Rather than seeking new horizons, the session was bent on holding the line. Tech was the last thing on their minds, even though it should have been the first in any legitimate effort to rebuild this declining economy.

Off guard. Was tech ready for the attack? No, it could not mount a coordinated response. The 221 sunset in 2010 made the act especially vulnerable this year. Although industry had hoped to extend the act, they soon found that impossible. Without an iconic event, like the Hoku Scientific IPO in 2005, tech could not evoke the sympathy of a critical media or a confused public.

BEN CAYETANO

We're fortunate to have Ben Cayetano, a tech visionary, as our TechState 2009 luncheon keynote. He advocated for 221, established the medical school complex at Kaka'ako and promoted a nearby world-class aquarium, marine research facility and science museum.

Cayetano, whose book "Ben — A Memoir, from Street Kid to Governor" was published this year, will compare this year's session with earlier ones, predict how things will change and talk about, well, anything else he wants to.

FIVE MONTHS AWAY

The panel on the dynamics — Neal Milner, Angus McKelvey, Gene Ward, Bob Toyofuku and Jerry Burris, moderated by Barbara Ankersmit — will have its hands full. We hope they will reveal the special character of the session and how the dynamics drove the issues.

The panel on specific issues, moderated by Becki Ward, will focus on tax incentives (Bill Spencer), film (Jason Lau), biotech (Alicia Maluafiti), energy (Robbie Alm) and environment (Rob Harris).

Once the veto process is over, we'll have five months to start again. Will we own the 2010 session or will they own us? Hopefully, in that session we'll find the strength to do better.

The price of liberty is eternal vigilance. To learn more about TechState 2009, see http://thinktechhawaii.com/techstate.pdf or contact Pacific New Media at 956-8400 or pnm@hawaii.edu.