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HomeMy WebLinkAboutMIN PCENRM 2025/08/19 (2024-2026)Policy Committee on Environmental and Natural Resource Management 311 Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 19, 2025 CALL TO The regular meeting of the Policy Committee on Environmental and Natural ORDER: Resource Management was called to order at 11:00 a.m., in the Council Chambers, Kailua-Kona, by Ms. Rebecca Villegas, Chair. ROLL CALL: Present: Ms. Rebecca Villegas, Chair Ms. Jenn Kagiwada, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo; came in later) Mr. Dennis "Fresh" Onishi, Member Absent & Excused: Ms. Heather L. Kimball, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Kamana Kapele: (representing Breath Hawaiian) Ulunuiokamamalu Killion: Leomana Teralde: Jim Albertini: (representing Malu `Aina) Cory Harden: Res. 234-25 (Comm. 377), comment. Res. 234-25 (Comm. 377), in support. Res. 234-25 (Comm. 377), in support. Res. 234-25 (Comm. 377), in support. Res. 234-25 (Comm. 377), in support. (representing Club Hawaii Island Group) Tara Rojas: Res. 234-25 (Comm. 377), in support. Kauila Banz-Marrs: Res. 234-25 (Comm. 377), in support. PCENRM-3 August 19, 2025 Micah Kim: Res. 234-25 (Comm. 377), in support. Christina Holt: Res. 234-25 (Comm. 377), in support. Trevor Atkins: Res. 234-25 (Comm. 377), in support. (representing Ke Ea Hawaii) Sariah DeGuair: Res. 234-25 (Comm. 377), in support. Kealia Prince: Res. 234-25 (Comm. 377), in support. (representing Hawaii Island — Moku nui) Kona Kealoha: Res. 234-25 (Comm. 377), in support. Ikualono Jackson: Res. 234-25 (Comm. 377), in support. Pili Kyota: Res. 234-25 (Comm. 377), in support. Kaulana Lani: Res. 234-25 (Comm. 377), in support. Kalikiano Navoa-Auza: Res. 234-25 (Comm. 377), in support. Taimane Seleni: Res. 234-25 (Comm. 377), in support. Skye Narvaez: Res. 234-25 (Comm. 377), in support. Kiang Kanahele: Res. 234-25 (Comm. 377), in support. Tanya Yamanaka Aynessazian: Res. 234-25 (Comm. 377), in support. Bronson Anama: Res. 234-25 (Comm. 377), comment. Kencho Gurung: Res. 234-25 (Comm. 377), in support. (representing Hawaii Alliance for Progressive Action) Toni Jo Gobin: Res. 234-25 (Comm. 377), in support. Chauncey Hirose-Hulbert: Res. 234-25 (Comm. 377), in support. Kamalei Kaina: Res. 234-25 (Comm. 377), in support. Maraya Ben -Joseph: Res. 234-25 (Comm. 377), in support. Page 2 PCENRM-3 August 19, 2025 Maki Morinoue: Res. 234-25 (Comm. 377), in support. Zethan Barros: Res. 234-25 (Comm. 377), in support. Mary Begier: Res. 234-25 (Comm. 377), comment. (representing Hawaii Island Chamber of Commerce and Military Affairs Council) Hannah Hartman: Res. 234-25 (Comm. 377), in support. Cindy Freitas: Res. 234-25 (Comm. 377), in support. Kimmer Horsen: Res. 234-25 (Comm. 377), in support. Pua Case: Res. 234-25 (Comm. 377), in support. Noelle Lindermann: Res. 234-25 (Comm. 377), in support. Momi Naughton: Res. 234-25 (Comm. 377), in support. Susan Roberts Emery: Res. 234-25 (Comm. 377), in support. (representing the Green Party of Hawaii) Luana Jones: Res. 234-25 (Comm. 377), in support. Millicent Cummings: Res. 234-25 (Comm. 377), in support. Maile Lavea-Malloe: Res. 234-25 (Comm. 377), in support. Ronnie Inagaki: Res. 234-25 (Comm. 377), in support. Healani Sonoda-Pale: Res. 234-25 (Comm. 377), in support. (representing Kalauli Hawaii) Sammie Stanbro: Res. 234-25 (Comm. 377), in support. (representing Hilo Farm) Momi Greene: Res. 234-25 (Comm. 377), in support. Emma Koa: Res. 234-25 (Comm. 377), in support. Jeff Turner: Res. 234-25 (Comm. 377), in support. Page 3 PCENRM-3 August 19, 2025 (representing the Green Party of Hawaii) Avalon Paradea: Res. 234-25 (Comm. 377), in support. Marlie Kaho`opi`i: Res. 234-25 (Comm. 377), in support. (Kanu o Ka`aina) Hiilani Collo Carvalho: Res. 234-25 (Comm. 377), in support. (representing Waimea Middle School) Owana Ka`ohelelani Salazar: Res. 234-25 (Comm. 377), in support. Ka`inani Littlejohn: Res. 234-25 (Comm. 377), in support. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Kagiwada. Recess: At 1:19 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:32 p.m. ACTING CHR. KAGIWADA: I'm calling the Policy Committee on Environmental and Natural Resources Management back to order. The time is 1:32 p.m. I'm Jenn Kagiwada and I am the Vice Chair of this Committee, and I'll be assuming the chair for this discussion. Mr. Clerk, could you please read the resolution? ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 234-25: URGES THE STATE OF HAWAI`I TO ENSURE THE HEALTH AND SAFETY OF HAWAI`I ISLAND RESIDENTS BY REQUESTING THE MILITARY TO CEASE ALL BOMBING AND DESECRATION ACTIVITIES AT THE POHAKULOA TRAINING AREA, REJECTING LAND SWAPS AND LEASE RENEWALS WITH THE MILITARY UNLESS CERTAIN STIPULATIONS ARE ESTABLISHED, AND CONDUCTING A KA PA`AKAI ANALYSIS ON THE AREA Reference: Comm. 377 Intr. by: Council Member Villegas Postponed: July 22, 2025 (Note: There is a motion by Council Member Villegas, seconded by Council Member Onishi, to recommend adoption of Res. 234-25.) (Note: Comm. 377.2 dated August 18, 2025, and Comm. 377.3 dated Page 4 PCENRM-3 August 19, 2025 August 18, 2025, from Council Member Rebecca Villegas transmitting supporting material related to Res. 234-25, were circulated.) ACTING CHR. KAGIWADA: Thank you very much. I just want to mahalo all the testifiers today and then I would like to turn it over to Council Member Villegas to speak on the resolution. MS. VILLEGAS: Thank you, Chair. Wow. The last couple of hours had me in tears, had me deeply humbled, wildly grateful, inspired, and radically hopeful. Now is the time. I'm extremely hopeful that my fellow colleagues on the Council have been impacted, educated, and convinced that now is the time for us to make this statement as a County. One of the things we navigate here is constituents bring to us issues that aren't necessarily within the County's jurisdiction or is perceived that way and often it's, "Oh, that's a state issue or that's a federal issue." I think what's really relevant right now and we're seeing this in a collaboration of the counties around the state, now is the time for county governments and county councils to make statements that reflect the will of the people of the counties in which we reside. I want to humbly apologize to my colleagues for not having the specific amendments that I committed and intended to make changes to this resolution however I spent hours doing research and gathered multiple documents that I have submitted and included for Council Members here and for the public to see, communications; one of them being the actual document from the State of Hawaii Department of Land and Natural Resources (DLNR) from the board with the explanations for their determinations of denial of the final environmental impact statement (EIS) and I hope that you will look through this with a fine tooth comb. My version is marked and highlighted, and I can't see any way to move forward without the specific requirements that are defined here and the legally binding existing laws on the books. The facts here that prove beyond a shadow of a doubt that the Pohakuloa Training Area (PTA) has not been managed, that the agreements that were part of the original lease have not been fulfilled, which is why the intention of this resolution is to encourage the state to cease their current permission, to cease all live fire and bombing, and any opportunity for a land swap or renewal of a lease at Pohakuloa. And I want to just encourage, and I do hope that each of my colleagues will take the time and attention to detail to look through each of these documents. I've spent hours and even considered withdrawing this resolution to make another version that could encompass and answer all the questions you had in our prior meeting. The intention of a resolution is to be not an encyclopedia of every bit of information, documentation, proof, evidence, and facts and details related to a topic. So the resolution I ended up drafting was much longer and actually became more complicated even though it was listing specific citing from law and other scientific research and proven data and facts. But I want to really quickly go over Page 5 PCENRM-3 August 19, 2025 just a quick list of the Board of Land and Natural Resources' motion to reject the environmental impact statement included a long list of deficiencies. Those included the lack of a Ka Pa`akai analysis. There's information in the communication that was provided to you. If you do not know the history and nature of the Ka Pa`akai analysis and where that is stated in law, just one more second if you don't mind, Chair, that they have to, and they were originally obligated to provide a Ka Pa`akai analysis, a full biological opinion on endangered species impacts, and unexploded ordinance and depleted uranium inventory, their greenhouse gas data, an analysis of cumulative impacts, a detailed inventory of the disposition and future disposition of iwi kupuna and moepu, a clarification of whether Section 106 consultation is required by law, which many statements have been made through these meetings to the support of that being a legal requirement, and a consideration of this land being zoned a conservation district. And just the number of ironies and hypocrisies, the history of deception and bait and switch. I could go on and on. I'm out of time. But I just want to thank the testifiers who came here today because the words were powerful, the words were true. I look at the young people here and I think of myself when I was testifying related to the Kohanaiki case, which became the PASH (Public Access Shoreline Hawaii) decision, which became the ka pa`akai decision. So you are our future. Stay strong, stay resolute, stay on us to ensure that we vote in accordance with the best interest of the health and safety of your futures. Now is the time that we stand beside our other counties and make a statement for our people. I yield. ACTING CHR. KAGIWADA: Thank you, Council Member Villegas. Council Members here in Kona, do you have any questions for the maker, comments on the resolution, or questions about the information that was passed down? Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Council Member, for providing some additional documents. Some of them are interesting. I need to kind of spend some time kind of going through them. The one on the anthropology one is interesting, on the toxicology there. So I'd like to have some time to look at that. Just a recommendation for the submission. It is a bit of a hodge podge of different pieces put together in one communication so it's hard to kind of point to the communication and the particular item that you want to call out. So just a recommendation there. Just some other thoughts. You know, in our last conversation we talked about, and I shared requesting some amendments so thank you for at least considering those and working on those. So I'm just looking for and just kind of seeing what your thoughts were based on our last conversation. You know, looking at the "be it resolved," it still comes down to a jurisdiction issue, you know, we're making Paize 6 PCENRM-3 August 19, 2025 that position statement here at the County and that's what we're pushing for here. You know, the concern I have with some of these things we cannot have any sort of termination on the action by other actors that are partner to this decision making. So item number one, that's a federal determination. Item number two, that's a federal process. And then number three, that is being rectified to my knowledge following the non -acceptance of the EIS. So some of them are being carried out. The concern I had, and I expressed this previously, some of the broad claims and that's why I was looking for some more specificity and I'm going to be reviewing this document to see if that kind of marries up with that and sort of that reference point. And I'd just like to say, you know, we have a lot of work to do with regards to land stewardship, and this is really pointing in that direction. So I appreciate your thoughts on that. To me, those past hazards, you know, this resolution doesn't speak to the Waikoloa maneuver area, but we have history of unexploded ordinance in that entire region. And so that of course is part in parcel to conversation there in Pohakuloa and there's always an opportunity to improve that stewardship. So grateful for those supporting documents. I guess the other pieces I would like to say is, you know, we don't want to send our young men and women off to battle, to combat, right, we don't want them to become those universal soldiers. You know, every day we feel this auspice and the challenges at the international level with the geopolitical games. Really, we feel that we're kind of on this eave of destruction necessarily from time to time. All of these things are happening around us, especially where we live in the pacific. So there are those challenges there. And I recognize the efforts, the passion to correct all these wrongs but, you know, part of the question is what is really our long-term vision? We have a partnership right now. What is that vision for the future with that partnership with an existing partner at the table; what does that vision look like and what is the say in terms of that conversation when we're connecting with our state partners and federal partners? So I'm just kind of curious about that. And how do we encourage really this remediation planning across the entire state kind of through this lens as well? And I know not all partnerships are perfect, you know, there's a compromise we have to make sometimes. It takes dialogue; it takes shared respect. So there's a lot to improve upon and so your statements here really speak to that as well. So thank you, Council Member. ACTING CHR. KAGIWADA: Thank you, Council Member Hustace. MS. VILLEGAS: Chair, may I respond? ACTING CHR. KAGIWADA: Yes, sure. Go ahead, Council Member Villegas, go ahead respond. Pate 7 PCENRM-3 August 19, 2025 MS. VILLEGAS: Sure. And as a humble explanation, not this past weekend but the weekend before, my cellphone got what I've learned they call the white screen of death at which point it no longer worked, which messed with my laptop, which threw —a number of people said, "Wow, that must've been nice to have a break from it." And it probably would have been if I had not been working under a deadline to get this information. So I do acknowledge and apologize that the communication is not as organized as I would've liked for it to have been and it was a last push during a technological challenge. I do hope that you're able to look through all the documents. You know, one of the things that you had asked for in our previous meeting was the definition of desecration. There's a lot of information in there about that. Also, a lot of information you had mentioned some concerns about essentially jurisdiction of the County to make statements about what the state or the feds should do. Within this documentation is the actual legal obligation of the state to protect the health, safety, and wellbeing, and hold the military accountable and it's listed .in the court cases here; it's listed in the document from the DLNR and from the Board of Land and Natural Resources (BLNR). So essentially, we are asking and urging the state to uphold their responsibility, which all the evidence is here that's not happened. I appreciate your broader outlook on how we need to look at everything. But I'm reflecting on the women reading the letter from Mr. Parker and how that could have been where the military training ground is. I also want to point out the hypocrisy and irony that instead they took DHHL (Department of Hawaiian Home Lands) Lands and that's environmental racism and a social justice issue as well. So I can't solve for everything. I wish I could. A lot of us wish we could up here. But we can take a stand, and now is that time. The young woman said she'll be in her 80s if this lease is renewed and that is unimaginable at this point based on everything we know and at a time when the military is so technologically advanced, things are digitized, just all the different ways things happen. I think we know better. So I'm hopeful for your support. I'm also open to after you look through this information if there are specific amendments you would still like to see to improve on the document to make it a little more palatable for you that I'm open to that. But I am asking for the support of my colleagues to move this forward out of Committee and into Council and if there are statements that amendments could help with, I'm open to that. No more white screen of death. It's really frustrating. So thank you. ACTING CHR. KAGIWADA: Thank you, Council Member. Other Council Members? Council Member Galimba. MS. GALIMBA: Thank you for bringing this forward. I know it's an important issue for everyone in the community and, you know, I've also experienced the Page 8 PCENRM-3 August 19, 2025 clouds of death driving by Pohakuloa and just find that unacceptable. For me, as a livestock person, the thing that doesn't get I think enough discussion is the number of ungulates. The fact that that issue has not been resolved and is probably the major reason that there's no vegetation up there and part of it is that we've gone through some major droughts in the last few years. So some of it is not sort of act of God type of things. But compounding that is just the number of ungulates that have not —that problem has not been addressed adequately over many, many years. So I think that sort of covered this overall concept of bioremediation, clean up restoration bioremediation at PTA that is already in your resolution. And so I don't necessarily think that needs to be an amendment but I'm possibly thinking about getting it in there. And I think it was actually I that brought up the question, I do find the word desecration, even though it's very popular and it covers a lot. I also find it somewhat problematic in that it covers so much and that it does bring up this idea of sacredness, which is a religious concept. We don't necessarily all have the same religion so it's a very vague concept. I would actually prefer it to be something sort of more scientific, such as contamination. I think desecration is really more relevant to like cultural sites. I think that is sort of like what you were wanting to refer to. So as far as like being more specific, maybe desecration of cultural sites and environmental contamination. So there's some little tweaks that could happen but overall, I think sending the message that a lot of damage has been done and that the bombing is not acceptable. It makes me amenable to supporting it this round and we can perhaps work on it the next round. ACTING CHR. KAGIWADA: Thank you, Council Member Galimba. Over in Hilo, Council Member Kierkiewicz, would you like to weigh in? MS. KIERKIEWICZ: Yes please, Chair. Thank you. ACTING CHR. KAGIWADA: Go ahead. MS. KIERKIEWICZ: First, mahalo nui to all of the testifiers that joined us in person and on Zoom. Thank you for making this a priority and part of your day. It was amazing to see just the generations of folks that are gathered here but I'm also a bit sad that, you know, we have kupuna like Aunty Luana (Jones) back there that are continuing to show up. That is definitely inspiration, but it also is sad that there is still so much work to do, and fight left to fight. You know, during the pandemic I had convened some conversations about economic development because our economy was at a standstill, right? We are one that is based on tourism. And in connecting with over 1,000 people on Hawaii Island for like a year long process, not once did the military come up as an avenue that people wanted to explore for economic development. What did they want to focus on? They wanted to focus on our assets. They wanted industries that were not extractive but were regenerative. And what I think folks were tired of and we Page 9 PCENRM-3 August 19, 2025 hear that loud and clear is just tired of the military industrial complex and all what that brings, and how we do not as a state want to be known for that, right? We talk about aloha but how can we say we are for aloha if we allow this, right? I want to thank my colleague, Council Member Villegas, for having the wisdom to bring this forward and for sharing that although the County does not have jurisdiction, we do have tools in our tool belt that allow us to make this known that this is not a state issue and federal issue, but it is a community issue, right? It is a community issue, and it is an opportunity to send a strong message about what we want to see, what we don't want, and it lets the community know that we're paying attention and that we hear you. So thank you for bringing this forward so that we can have the conversation. I think the resolution very succinctly elevates longstanding environmental concerns. And as I go through the communication that Council Member Villegas shared with us, I do want to call attention; second to the last page. It is a letter from Tiger Mills. He's a staff planner at OCCL (Office of Conservation and Coastal Lands). Please read it. I mean, real quickly, he talks about the EIS continuing to be insufficient, their concerns that continue to be unresolved. I don't know what else to say other than please respect the fact that you are operating in our home. Our resources here are limited. We cannot undo the damage that has already been done. It is a privilege to operate here, and it should not just be an automatic guarantee, right? It's not. If you want to do business in Hawaii, it is an ongoing relationship that you continuously need to cultivate and not take for granted. I'm in full support of the resolution as is. Happy to entertain some amendments if it comes to that. But I am for pushing this to Council. I think it's important given what we are seeing in the news and this, you know, push for the feds wanting to get a deal done in 60 days, I'm so sorry. No. But no. We're on our own timeline here and there are a lot of questions that still need to be answered. And so let's move this forward to Council and happy to entertain any amendments that come forward. But thank you again, Council Member Villegas and to our community for being here today. I yield. ACTING CHR. KAGIWADA: Thank you, Council Member Kierkiewicz. Council Member Inaba. MR. INABA: Yes. Thank you. And mahalo again to all of the testifiers who came out today and even to the previous hearing. I think sometimes we get stuck on words or the nitty gritties of things, but I think conceptually this resolution should be a no brainer for all of us and if it's not, some reflection probably should be undertaken to understand where your kuana`ike, your perspective, comes from and how that aligns with the voices of our community and the needs of our people; not just kanaka `6iwi, but everyone who resides in Hawaii. So I'm in full Page 10 PCENRM-3 August 19, 2025 support of this resolution as currently drafted. I don't think we need to drag this out, especially for the public who have spent hours of their time testifying on something that should be a slam dunk and a clear statement from this Council and from our County regarding the preservation of our land and our resources here on our island that we have jurisdiction over to make these types of statements. So thank you, Council Member Villegas. I'm in full support. ACTING CHR. KAGIWADA: Thank you, Council Member Inaba. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. To our testifiers, mahalo for coming in today. I'm even hearing some of your drove from my district or from Hilo to be in Kona to provide your mana`o to us. It just shows how powerful this message is to you and where it's going to. I will be supporting the resolution today. And to Ms. Villegas, thank you for bringing it forward. I think that the norm that we've lived with for decades and I think about one of our younger testifiers who was here, I didn't catch her name, speaking about sitting in school and feeling the ground shake as the bombs hit may not be what I feel in `Ola`a but I didn't realize that she was feeling that in school. So we sit in this normal, where that's just normal and we forget that it doesn't have to be like that. And if this resolution can send a message to the folks at the higher levels of government, that that norm is not okay with us anymore and we want to make a change then albeit. So thank you for bringing this forward. You've got my full support. And again, to our testifiers, mahalo for coming in today. You send a very clear message, and we've had what three hours of testimony. Well done. ACTING CHR. KAGIWADA: Thank you, Council Member Kaneali`i- Kleinfelder. Anybody else? Council Member Villegas, yes. MS. VILLEGAS: Yes. I'm just realizing I would be remised if I did not give credit where credit is due. Tanya (Yamanaka Aynessazian), thank you for your support, advocacy, determination, creativity, and patience with this process, Aunty Pua (Case), you and your husband, Kalani (Flores) —this is not about me. I'm just grateful to be able to play a small part in supporting a purpose, a passion, a vision, to return to pono in these places like Pohakuloa. And so I thank you for your leadership. Thank you for everything, allowing me to support your work. I yield. ACTING CHR. KAGIWADA: Thank you. Thank you, Council Member. Council Member Inaba, did you have something else? MR. INABA: Thank you. Real quick. I just wanted to call on our Corporation Counsel before we proceed and just ask the question whether there's any legal concern with any of the clauses contained within this resolution or whether there's any concern with the Council taking action on a resolution such as this? Page 11 PCENRM-3 August 19, 2025 (Note: At this time, Corporation Counsel Renee Schoen came forward to address the Committee.) MS. SCHOEN: Good afternoon. Renee Schoen, Corporation Counsel. In answer to your question, no. I don't see any legal concerns or questions regarding the resolution. It is urging the State of Hawaii regarding certain recommendations, and I see no issue with the Council acting on the resolution. MR. INABA: Thank you. I just wanted that on the record. I yield. ACTING CHR. KAGIWADA: Thank you, Council Member Inaba. Alright I'm just going to say a couple things and then we can go to the vote. Thank you, Council Member Villegas, for bringing this forward. My position has always been that we should be sluYnking the military footprint on our island and that we should stop live bombings because there are lots of alternatives that don't involve harming our `aina, our environment, and our people. And I really took to heart hearing from some of the people who cannot get onto their land because of the unexploded ordinances that have not been cleaned up, that have been promised to be cleaned up, and that has not happened yet. To me, some of these things are things just have to happen before we even consider, you know, entering talks. So thank you for everybody who came today and brought their wisdom and shared their mana`o. I will be supporting this resolution going to full Council. I also am open to hearing from members if there are specifics around adding pieces around the wild ungulates, which has been an issue for a very long time and potentially about certain terms that might need massaging. But I do feel that we can go ahead and move this forward. That would be in honor of the community that turned out and it makes a lot of sense. So thank you so much everybody and we'll go ahead a take the vote. All those in favor of sending Resolution 234-25 to full Council with a favorable recommendation, please say aye. 55 Vote on Res. 234-25: The motion to recommend adoption of Res. 234-25 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Acting Chair Kagiwada — 8. Noes: None. Absent: Committee Member Kimball —1. Excused: None. ACTING CHR. KAGIWADA: Thank you. And with that, that's the end of our agenda for this committee. Page 12 PCENRM-3 August 19, 2025 ADJOURN- There being no further business, Acting Chair Kagiwada adjourned the MENT: meeting at 2:03 p.m. Approved: Ms. Rebecca Ville as, Chair Policy Committee on Environmental and Natural Resource Management RV/tk (Date) Page 13