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Saturday, February 28, 2015
February 28, 2015 News Read
By Andrew Walden @ 4:27 PM :: 4558 Views

Jones Act Documentary Film Premier Sets the Stage for a Bigger Conversation

Hawaii Rejects Sugary Beverage Labeling, Tax

A Republican Vision for Hawaii: Kelii Akina Interviews Pat Saiki

Why I voted to affirm Rep. Calvin Say as a qualified member of the House of Representatives

611 Candidates on Ballot for Neighborhood Board Elections

CON: Keeping Hawaii Short of Long Term Care Beds

MN: By early next month, a 40-bed skilled nursing and intermediate care facility may get the green light from the state to begin construction at the Maui Research and Technology Park in Kihei.

Regency Namakua is awaiting a permit from the state Health Planning and Development Agency. The decision on the company's proposed certificate of need is expected by March 8, state officials said.

Recommendations to disapprove the project came from the Statewide Health Coordinating Council and the Tri-Isle Subarea Health Planning Council. However, the Certificate of Need Review Panel recommended conditional approval.

The nonbinding recommendations were forwarded to the state Health Planning and Development Agency. Its administrator, Romala Radcliffe, will decide whether the project may proceed.

A Hawaii company with other nursing facilities in the state, Regency Namakua expects the Kihei facility to cost around $7.8 million. It already has purchased nearly 5 acres in the R&T park. Funding has been lined up for the project.

The facility was originally proposed as a 125-bed, long-term care and skilled nursing medical center, but it was scaled back because some existing nursing facility and long-term care providers were worried that the size of the facility would mean too much competition, said Andre Hurst, a managing member of Regency Namakua.

The company acknowledged the concerns and downsized the facility to 40 beds, Hurst said.

In the certificate-of-need review process, stakeholders - in this case, other nursing facilities - have the opportunity to weigh in on projects that affect health care and health care business in the community.

In its application to the state, Regency Namakua said its project "fits squarely" within the Hawaii Health Services and Facilities plan. The plan cites "an acute shortage of long-term care beds for the elderly as one of the state's primary health concerns," Regency said.

The company said Maui's 75-and-older population is increasing rapidly, citing an independent market analysis.

The analysis projected a need for up to 60 additional skilled nursing beds on the island in 2013 and increasing by as much as 130 to 150 additional skilled nursing beds by 2018, Regency said in its application.

As Explained: State CON Laws Drive up Health Care Costs

read ... Abolish the CON

Rhoads Admits Helping Say's Defense Team, Police Report Filed

HNN: After the hearing, two women involved in the petition filed a police report against Rhoads for allegedly disclosing confidential voter information, including their address and phone number. During the committee's investigation, Rhoads discovered that the women no longer lived in the district, disqualifying them from taking part in the petition. Rhoads shared the voter registration information with Say's attorneys who then submitted the data to the committee as publicly-accessible evidence.

"Putting enough personal information for somebody so that someone can go to their house or go open up a line of credit in their name is totally inappropriate. It doesn't serve any legitimate purpose whatsoever," said Collins.

Rhoads denied that confidential information had been revealed.

"A complete red herring. The petitioners withheld information that was pertinent to the investigation, withheld it from the committee, and withheld it from Speaker Emeritus Say who had every right to the information," said Rhoads.  (And so Rhoads justifies ex parte communications with one side in a legal proceeding.)

SA: Collins added that he and several of his clients would head straight to Hono­lulu Police Department headquarters

read ... Arrest Rhoads

PUC Denies HECO's Request for End to Solar Net Metering

SA: The Public Utilities Commission, asserting its power over Hawaiian Electric Co., got the utility to agree Friday to free up rooftop solar approvals.

The agreement, signed by PUC Chairman Randy Iwase and HECO CEO Alan Oshima, said that HECO has a "duty" to approve solar systems.

"Stated simply, the policy is that the HECO Companies have an affirmative duty to interconnect a potential customer," the statement said.

The two major players in Hawaii's energy landscape agreed that the commission would have the final say when it comes to approving rooftop solar.

"What is in the ‘best interest' of the HECO Companies' customers is, in the final analysis, determined by the commission," the statement said.

PUC sought the agreement in response to letters that HECO's Hawaii island subsidiary, Hawai‘i Electric Light Co., sent to some customers last week saying it was in the "best interest" of customers to halt approval of rooftop solar systems until the PUC ruled on HECO's request to cut the amount it pays for excess solar power sent to the grid....

In the agreement, the PUC denied HECO's request to act within 60 days of the Jan. 20 proposal to change its net energy metering program, which sets the rate the utility pays rooftop solar customers.

Iwase said there are too many issues to respond to the utility's request in 60 days.

"We have to go into this very carefully, digging out, accumulating as much information as we can so we can reach some understanding of where we should be going," Iwase said. "We have to look at the cost to the state and ratepayers and non-PV owners — it's looking at the complete picture."

Iwase, whose appointment as head of the PUC was approved by the state Senate on Tuesday, said the PUC's control over HECO is necessary as the state works to move Hawaii away from fossil fuels and adopt more renewable energy.

"We are not limited to rates," Iwase said. "Not as I see it."

read ... Power Play

Star-Adv: End Ethanol mandate

SA: Mandating the use of ethanol as a transportation fuel, as the state has done since April 1, 2006, was supposed to revive the local sugar industry — ethanol is an alcohol-based fuel that can be made from sugar or corn — and reduce energy imports.

Optimists predicted the creation of 700 jobs and the investment of more than $100 million to build ethanol-production plants in the state, spurred on by generous tax credits.

Nearly 10 years out, it's clear that has not and will not occur.

Instead, Hawaii is importing 45 million gallons of ethanol a year, to meet the requirement that 10 percent ethanol be blended with almost all the gasoline sold in the islands; none of the proposed ethanol facilities have been built; and Hawaii motorists forced to buy the blended fuel complain about getting lower gas mileage — in other words, less value for their money — than they would if they could power their cars with straight gasoline.

Companion measures were introduced in the Legislature this session to repeal the ethanol requirement. The House bill died, but the Senate measure is moving forward and deserves full support.

No governmental policy, no matter how well intended, should be allowed to languish long past the point that progress should be obvious. This environmental and business initiative has not come close to meeting either of its main goals and should be rescinded. More time is not going to change the outcome....

House Energy and Environmental Protection Committee Chairman Chris Lee (D, Kailua-Lanikai-Waimanalo) pledged to hold a hearing on Senate Bill 717 if the measure makes it out of the Senate over to the House, which is laudable. But if the ethanol mandate is repealed, Lee's inclination is to redirect money now set aside to develop ethanol toward the development of some other renewable fuel supply (BIOFOOL). Lee and other lawmakers should resist this impulse and instead return any available money to the general fund.

As the ethanol experiment proves, it takes more than government intervention to craft sound economic and environmental policies.

read ... Time to end mandate for ethanol fuel

What are Hawaii's Exports?

KGI: Merchandise exports from Hawaii soared to $1.5 billion last year, a new record high that contributed to the nearly $2.35 trillion in goods and services exported nationwide....

Goods that were exported from Hawaii last year were led by a number of sectors, including $479 million in transportation equipment, $426 million in petroleum and coal products, and $153 million in chemicals, according to data from the Department of Commerce’s International Trade Administration.

Hawaii Shippers’ Council President Michael Hansen said the major merchandise exports from Hawaii are refined petroleum products and residual fuel oil from the two crude oil petroleum refineries at Campbell Industrial Park in Kapolei on Oahu....

Because of the state’s unique geographic location, ships or aircraft traveling from the West Coast or other U.S. destinations stop routinely in Hawaii to refuel before continuing on to their international destination.

The cargo carried on those ships and planes, as a result, are factored into the state’s export figures, Holman said....

“We know we don’t make aircraft here, we don’t make oil, coal products, petroleum products, or chemicals, so we have to kind of chop out what we know are not Hawaii products and see what are,” Holman explained.

Some of the state’s other top exports are fresh seafood, coffee, bottled water, cosmetic products, and food and beverage products like macadamia nuts or organic honey.

Perhaps the state’s most successful exports, he said, are service products, such as engineering and architectural consulting services and international tourism or study, which are more difficult to track.

“Because of our proximity to Asia, and even more significantly than that, our cultural affinity with many Asian markets, Hawaii is a great place to do business internationally,” Holman said.

Expanding export opportunities from Hawaii has its challenges....

Some local companies involved in the county’s Kauai Made program, he said, “have taken the leap of faith to create a product that is salable to others,” including Aunty Lilikoi, Anahola Granola, Salty Wahine, Kauai Coffee, Ko Bakery, Kauai Kookie, Moloaa Bay Coffee, Tropical Flowers Express, and Hawaiian Organic Noni....

Creating free trade agreements with more countries, especially those in Asia, and either repealing the Jones Act or crafting exceptions for Hawaii, will likely encourage more Hawaii businesses to explore export options, Holman and Gunter said.

“I think that, if we could modify or eliminate the onerous requirements of the Jones Act for us here in Hawaii, it would be a tremendous benefit not only for companies who are desiring to export but also for our local residents because everything that comes into Hawaii has that higher cost added to it for freight,” Gunter said.

read ... Jones Act

City will build parking lots at just 4 of 20 rail stations

HNN: The city plans to build park-and-ride facilities at four of its 20 rail transit stations, with 4,100 parking spots for rail users at stations in East Kapolei (900 parking stalls), UH West Oahu (1,000 stalls), Pearl Highlands (1,600 stalls) and Aloha Stadium (600 stalls). 

(Question: Why build a parking garage on top of a giant parking lot at Aloha Stadium?)

Developers will not be required to put rail parking lots near the other 16 rail stations.

Rue said city buses will be re-directed to lead directly to rail stations....

read ... 4/20ths 

SB1014: Senators Vote to Move Homeless Back in to Waikiki, Chinatown so they can Prey on Tourism, Small Business

HNN: Legislators who voted against SB 1014 say they're worried is creates unnecessary legal action.

"It gives people the right to sue other people when they don't get their way or they don't get special treatment. Look, we have a big problem with homeless -- we have not addressed it, we have to do that -- but as far as rights, let's enforce and let's honor the rights that every citizen has right now without creating more of a litigious society," said State Senator Sam Slom, who opposed the measure.

California, Colorado, Oregon and Rhode Island all have similar "Homeless Bills of Rights" on the books.  (And they suffer for it.)

Local lawmakers say Hawai'i's legislation was prompted in part by recent Honolulu laws....

Lawmakers say there are a lot of questions that still need to be answered -- including what impact the law would have on existing City and County of Honolulu initiatives, like the sit-lie ban or sidewalk nuisance ordinances. Experts say that will likely be determined in court, depending on what legal challenges are raised.

read ... Sacred Cows

Homeless Trash Library, HPD Called

KHON:  In the bathrooms, Eddy says “we have sandman who likes to pour sand into the sink and the urinals and we have people who just enjoy making a mess.”  “It’s kind of gross,” said library user Nicole Daoang, “because they’re dirty.”  “We notice a lot more litter and trash and also waste, you know, human waste,” said McCully branch manager Hillary Chang.  Chang says twice as many homeless have been camping outside in the past couple of months. “To tell you the truth, we do call HPD a lot,” she said.

read ... Libraries continue to deal with homeless complaints 

Police Transparency Deferred

CB: A Hawaii senator who is backed by the state’s powerful police union hit the brakes on a bill Friday that would have made public the names of officers suspended for misconduct.

The measure had support from several lawmakers, including Sens. Will Espero and Laura Thielen, who have advocated for more police accountability in response to a number of highly public cases involving officer wrongdoing.

But Sen. Gil Keith-Agaran, who heads the Judiciary and Labor Committee, deferred Senate Bill 497 with no discussion, effectively killing the measure in the current session. Keith-Agaran is one of only two senators who have were endorsed by the statewide police officers’ union in the 2014 elections.

“It’s disappointing,” Espero said after the hearing. “I wish we could have sent it over the House. I think it would have sent a strong message.”

Chinatown Gambling Den: Man laughed about death of victim, witness says

read ... Deferred

Hawaii Co Budget Soars 4.3% Thanks to Unions

HTH: Union-negotiated pay hikes and federal and state mandates contributed to a workaday county budget expected to rise 4.3 percent to $434.7 million next year....

The county had spent $711,311.78 on lava-related overtime as of Dec. 31, the latest figure available. Capital expenses, such as road improvements, will be handled by a $20 million bond....

On the revenue side, about $7.4 million is expected to come from taxes on a 3 percent increase in property values; another $3.1 million will come from new federal and state grants. The county expects to collect $1.2 million more on charges for services. And there’s an additional $3.6 million more in carryover savings from the current year.

Most of the $17.8 million total increase is slated for employee contracts negotiated at the state level. The raises are implemented throughout the system.

The budget for the Police Department will increase more than $4 million to $62.1 million. The Fire Department will increase more than $6 million, to $45.1 million....

read ... Spend and Tax

Kauai Co Budget: Cut Spending to Pay for Union Contracts

KGI: ...The mayor intends to spread $8.2 million in cuts across all departments, agencies and offices.

The two pointed out that between 2008 and 2011, collective bargaining led to annual pay increases of 5 percent for firefighters and 6 percent for police officers. At the same time, other county employees received no pay increases between July 2009 and June 2013, were furloughed for six months and had their health insurance co-payments increased from 40 to 50 percent.

“Fire and police collective bargain increases were significant during those periods of time,” Barreira said.

The KPD collective bargaining increases are $4.9 million for 2016 and $6.4 million in 2017. The mayor is proposing increases of $3.97 million and $2.4 million, respectively.

About 80 percent of a $14 million county operating fund increase is attributable to KPD ($4.9 million), KFD ($4.4 million), Public Works ($1.8 million), Transportation ($1.8 million), and Office of the Prosecuting Attorney ($1.6 million).

A budget shortfall is due in most part to a $30 million loss of anticipated Transient Accommodations Tax revenues between 2012-14, when they were capped by the Legislature....

read ... Unions Suck Up All the Money

Mayor Wright tenants to share $350K

HNN: The state has agreed to settle a lawsuit over rat- and roach-infested conditions at Mayor Wright Homes.

More than 400 tenants will share $350,000 in the deal, which requires approval from the state Legislature and the signature of a Circuit judge.

read ... $350,000 / 400 = $875 each

Kauai County Auditor, county settle for $300K

KGI: In a prepared statement Thursday, Pasion said health matters prevent him from taking the matter to trial. He confirmed by phone he has been on medical leave since May 22, with an undisclosed illness that prevents him from fulfilling his duties for the remainder of his term ending Sept. 16.

“It is for that reason that I felt I needed to bring this lawsuit to a close,” Pasion said in the statement. “I would have preferred a public trial, but am not able to go forward with one, given my health issues.”

The terms require the county to pay Pasion $300,000. In exchange, Pasion agreed to not apply for reappointment and to not have contact with an acting county auditor....

The suit claimed the county, and former County Council Chair Jay Furfaro, retaliated against Pasion in violation of the state Whistleblowers’ Protection Act, when he reported unlawful conduct to the council and to law enforcement officials regarding an audit on county fuel costs in 2012....

KE: Musings: Digging for Dollars

read ... Yep, it's Kauai 

Maui Council Toys with Prosecutor

MN: A monthlong debate among Maui County Council members over whether to confirm the appointment of Maui County Prosecuting Attorney John D. Kim may come to a head at a special council meeting scheduled to begin at 10 a.m. Tuesday.

read ... Reappointment Games

Bill could allow Hawaii Health Connector to offer large group health coverage

PBN: A Senate bill that would allow the Hawaii Health Connector to offer large group coverage to health insurers is headed to the Hawaii state House of Representatives.

Senate Bill 1338 passed the Judiciary and Labor and Ways and Means committees Friday, with amendments.

The legislation would revise the current definition of "small employer," from a business of at least 50 to 100 employees to expand the online health insurance exchange's "potential small businesses market."

The bill states that offering large group coverage will increase insurer participation in the health insurance exchange created by the Affordable Care Act.

Kaiser Permanente is currently the only insurer selling plans to small businesses through the exchange. The Hawaii Medical Service Association in August exited the small business exchange but still sells plans to individuals.

"Enabling the Hawaii health connector to offer large group coverage to insurers is one option for increased insurer participation in the connector," the bill says, noting that increased engagement will be "critical" for the connector to achieve self-sufficiency....

Meanwhile, House Bill 726 would require HMSA to resume selling plans on the exchange. HMSA has opposed the bill in testimony.

The Connector is asking the Legislature for about $28 million in state bonds until it becomes financially self-sustaining in 2022.

read ... Large Group

State deals with elevator inspection backlog, Blames Building Managers

KHON: “We couldn’t keep enough elevator inspectors employed because we couldn’t pay them as much as the private sector,” said Rhoads, “and so the back-log was getting very, very long.”

Rhoads added that “we couldn’t get the elevators inspected when they were building a new building, so that slows down construction something terrible.”

Kunstman said with money from state lawmakers, HIOSH was able to fill 11 of 13 inspector positions, and the office is on the verge of hiring two more.

The Honolulu Fire Department said in 2013, rescue teams responded to 222 calls to help people stranded in elevators, but says most of those calls occurred during power outages.

read ... Making Excuses

Anti-GMO Nailed: Regressive, Backward Luddites

KE: Speaking of anti-GMO activists and their often despicable tactics, Britain’s former Environmental Secretary, Owen Paterson, took them to task this week in his keynote address to the ISAAA media conference in South Africa. After speaking about the current agricultural opportunities for Africa, he said:

This is also a time, however, of great mischief, in which many individuals and even governments are turning their backs on progress. It’s a strange time, really, in which the privileged classes increasingly fetishize their food and seek to turn their personal preferences into policy proscriptions for the rest of us.

Not since the original Luddites smashed cotton mill machinery in early 19th century England, have we seen such an organized, fanatical antagonism to progress and science.

These enemies of the Green Revolution call themselves “progressive,” but their agenda could hardly be more backward‐looking and regressive. They call themselves humanitarians and environmentalists. But their policies would condemn billions to hunger, poverty and underdevelopment. And their insistence on mandating primitive, inefficient farming techniques would decimate the Earth’s remaining wild spaces, devastate species and biodiversity, and leave our natural ecology poorer as a result.  Unfortunately, few question either its credentials or motives.

Paterson goes on to report that “2014 was the 19th year of successful commercialization of biotech crops,” with some “18 million farmers, of which 90 per cent were small and resource‐poor, planted a record 181 million hectares of biotech crops in 28 countries....For the third year in a row, less developed countries planted more biotech hectares than the entire developed world.”

He also claims that “nearly 100 per cent of all those farmers who plant biotech crops have yet to go back to the old ways. They continue to choose to plant biotech year after year because biotech plants work.”

read ... Complete Debunk of anti-GMO Idiocy

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