Friday, February 6, 2009

Two Out of Three Ain't Good Enough


Mahalo to everyone who submitted testimony on the bills we supported! The House Water, Land & Ocean Resources committee passed HB1808, which is an attempt to deal with vegetation being grown in front of beachfront homes (see prior item below). However, there are concerns about enforcement. I'm kind of cynical about this one myself.

In Sam Lemmo's testimony for the DLNR, he noted that a number of Kahala Beach homeowners were notified that they should remove vegetation, but only one has complied so far. So where's the teeth in this law? It says homeowners could be billed for removal of vegetation, but who will go out and enforce this? Again, the onus will be on residents to play beach police.

Rep. Thielen's bill HB593 also passed. This would impose a two-year moratorium on Kailua Beach setbacks (new houses wouldn't be allowed to be built closer than the existing house). However, Committee Chair Sharon Har pointed out -- as I have -- that setbacks are legally in the county's jurisdiction. It really should be the Honolulu City Council acting on this. But if they won't do their job, the state has to step in.

Moreover, as others suggested, this moratorium should apply to all of Oahu -- not just Kailua Beach. We need a comprehensive, joint state/counties plan to address all of this stuff. Which brings me to the one bill that did NOT pass...

HB1447 was deferred without any explanation. That's the Task Force bill I helped draft as a stepping stone to creating a state coastal commission. On behalf of the DLNR, Sam Lemmo actually opposed this bill, calling it a "distraction" from a plan he has been working on. And who is going to implement that plan when it's done? The state or the counties? Probably neither, as is currently the case. Remember, Sam is the same guy who admitted that going after the Kahala Beach homeowners for overgrown vegetation has thus far resulted in only one owner actually complying!

So around and around we go with these bills, and chances are nothing substantive will be passed this session. Again. Until we change the split jurisdiction between the state and counties, not much can be done. Sorry folks, but two out of three ain't good enough.

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