05-07-2022, 06:11 AM
From Senator Lorraine Inouye's public Facebook page:
"I stood up for Hawaii astronomy today. The following is the text of the floor speech I gave on HB 2024 CD1.
======================================
Mr. President,
I rise to speak in opposition to House Bill 2024, Conference Draft #1. There are many things that are still wrong with this bill. However, in the interest of time, I will only mention a few.
The objective of this bill is to create the new Mauna Kea Stewardship and Oversight Authority with the responsibility to govern and manage the entire mountain, including astronomy at its summit.
The creation of a new authority to assume jurisdiction over Mauna Kea is redundant. The current management and stewardship of Mauna Kea is already set in place through the University of Hawaii and the Center for Mauna Kea Stewardship.
People I talked to at the University of Hawaii tell me that
there are problems with the five-year transitional timeline which forces U.H. to turn over management of Mauna Kea to the new authority. With it comes complications such as having the University “legally required to comply with all obligations” of the current lease and not being able to do anything else while serving as a “lame duck landlord”.
U.H. is concerned with upcoming lease re-negotiations in 2034, after the current lease runs out.
They are rightfully worried about the future of astronomy and the fate of its sub-lease partners which consists of all the observatories presently on the summit, including the future of the proposed and approved Thirty Meter Telescope. What is to become of them?
Doug Simmons, the current Director of Astronomy at the University of Hawaii tells me, “HB 2024 CD1 would impact the TMT project's vested rights in terms of its land authorization and permit. The current Thirty Meter Telescope sublease issued by UH guarantees site control for TMT through 2033 and commits UH to use its best efforts to secure a new general lease so that a new sublease can be issued. Pursuant to the bill, UH would no longer be involved and the authority would issue a new lease to TMT no sooner than July 1, 2028, if it decides to do so. That would require the authority to organize itself, create rules and processes, negotiate lease terms, and resolve any legal challenges. Similarly, the current CDUP for the project, issued to UH, would have to be replaced by a new permit or permits from the authority following the establishment of rules and processes and the resolution of any contested cases and judicial appeals.”
As one writer in a recent Hawaii Tribune Herald letter stated, “I am writing to express my horror and amazement that the Trojan Horse bill known as House Bill 2024 is under serious consideration for passage.”
Mr. President, this bill is a Trojan Horse indeed.
After UH loses their original lease in 2033, upon which TMT and the other observatories are sublessees, astronomy will be back at square one, starting all over again. The costly setback for astronomy, Hawaii’s economy and jobs related to the industry will probably be too much to bear.
Sad to say the loss of the hard work of the late Board of Regent Barry Taniguchi, and the late Dr. Don Hall, one of the first directors of astronomy whom I have worked with as a councilmember on my island in the eighties.
There is no assurance that the new Mauna Kea Stewardship and Oversight Authority will guarantee that TMT, the University of Hawaii, and the other observatories will get new long-term leases. There will be too much politics involved in the new approval process.
At that point (or maybe even earlier) TMT will likely give up and move away from Hawaii.
This bill will be the demise of a promising new, world class telescope that will compliment the world class observatories we already have.
The casualty list will be long:
The demise of our $221 million a year astronomy industry. Astronomy itself brings in at least $110 million annually to our state, $68 million in labor income and $10 million in state tax revenues, according to a report today in the Honolulu Star Advertiser by one of Hawaii’s most brilliant tech journalists.
The decimation of astronomy will contribute to the loss of many jobs not only in astronomy, but also in education, high tech, industry, and many support services, some of them small businesses and the economic benefits to my island and the state.
The demise of astronomy will also mean lost opportunities for future and the “spillover effects” astronomy brings to our fragile economy – knowledge, expertise, and technology benefits.
The ramifications of this bad bill will resonate throughout the worldwide astronomy, business, and scientific communities, even though the bill does declare “support of astronomy to be a policy of the State.” How much of a commitment to astronomy do we truly have?
The new authority will have to give equal or maybe even greater weight to the ecology and environment of the mountain, its natural resources, restricted access, human activities, traditional cultural practices, and more.
DLNR brought up several concerns including unclear oversight legal framework, unclear financial sustainability, and redundant managerial planning that are part of the bill’s flaws. The restrictions on astronomy and the associated leases are a problem as well as limitations on commercial use. And I totally agree as the chair of the Water and Land committee.
In the end, the DLNR believes that Mauna Kea lands should remain protected under the present conservation district rules under the oversight of the Board of Land and Natural Resources.
Mr. President, these are just some of the major concerns I have about HB 2024 CD1. Surely there are many more issues surrounding this bill including the fact that we have to appropriate more than $14 million for the creation of the new authority, micromanage observatory viewing time, among numerous legal concerns brought up by the Attorney General’s office, the potential political process in the nomination to board appointees, and much more.
I must ask you, is Hawaii as committed to astronomy as this bill would like you to believe?
We must not let our highly respected, world-class astronomy industry wither and die due to short-sighted legislation such as this.
Astronomy’s contribution has remained steady in Hawaii over the past decade. It is a reliable economic generator for Hawaii especially when compared to weather and pest-prone agriculture and pandemic-afflicted, price sensitive, tourism.
The stars and mostly good weather are always here, and astronomy can be here to support us in Hawaii for generations to come.
Colleagues, it’s time for us to make a statement and stand up for ASTRONOMY and not allow HB 2024 CD1 to pass.
Thank you, Mr. President."
Full Senate Floor Session on May 3rd 2022. Inouye's speech starts at around the 01:44:40 mark and it followed a speech by Senator Kim in support of the bill.
"I stood up for Hawaii astronomy today. The following is the text of the floor speech I gave on HB 2024 CD1.
======================================
Mr. President,
I rise to speak in opposition to House Bill 2024, Conference Draft #1. There are many things that are still wrong with this bill. However, in the interest of time, I will only mention a few.
The objective of this bill is to create the new Mauna Kea Stewardship and Oversight Authority with the responsibility to govern and manage the entire mountain, including astronomy at its summit.
The creation of a new authority to assume jurisdiction over Mauna Kea is redundant. The current management and stewardship of Mauna Kea is already set in place through the University of Hawaii and the Center for Mauna Kea Stewardship.
People I talked to at the University of Hawaii tell me that
there are problems with the five-year transitional timeline which forces U.H. to turn over management of Mauna Kea to the new authority. With it comes complications such as having the University “legally required to comply with all obligations” of the current lease and not being able to do anything else while serving as a “lame duck landlord”.
U.H. is concerned with upcoming lease re-negotiations in 2034, after the current lease runs out.
They are rightfully worried about the future of astronomy and the fate of its sub-lease partners which consists of all the observatories presently on the summit, including the future of the proposed and approved Thirty Meter Telescope. What is to become of them?
Doug Simmons, the current Director of Astronomy at the University of Hawaii tells me, “HB 2024 CD1 would impact the TMT project's vested rights in terms of its land authorization and permit. The current Thirty Meter Telescope sublease issued by UH guarantees site control for TMT through 2033 and commits UH to use its best efforts to secure a new general lease so that a new sublease can be issued. Pursuant to the bill, UH would no longer be involved and the authority would issue a new lease to TMT no sooner than July 1, 2028, if it decides to do so. That would require the authority to organize itself, create rules and processes, negotiate lease terms, and resolve any legal challenges. Similarly, the current CDUP for the project, issued to UH, would have to be replaced by a new permit or permits from the authority following the establishment of rules and processes and the resolution of any contested cases and judicial appeals.”
As one writer in a recent Hawaii Tribune Herald letter stated, “I am writing to express my horror and amazement that the Trojan Horse bill known as House Bill 2024 is under serious consideration for passage.”
Mr. President, this bill is a Trojan Horse indeed.
After UH loses their original lease in 2033, upon which TMT and the other observatories are sublessees, astronomy will be back at square one, starting all over again. The costly setback for astronomy, Hawaii’s economy and jobs related to the industry will probably be too much to bear.
Sad to say the loss of the hard work of the late Board of Regent Barry Taniguchi, and the late Dr. Don Hall, one of the first directors of astronomy whom I have worked with as a councilmember on my island in the eighties.
There is no assurance that the new Mauna Kea Stewardship and Oversight Authority will guarantee that TMT, the University of Hawaii, and the other observatories will get new long-term leases. There will be too much politics involved in the new approval process.
At that point (or maybe even earlier) TMT will likely give up and move away from Hawaii.
This bill will be the demise of a promising new, world class telescope that will compliment the world class observatories we already have.
The casualty list will be long:
The demise of our $221 million a year astronomy industry. Astronomy itself brings in at least $110 million annually to our state, $68 million in labor income and $10 million in state tax revenues, according to a report today in the Honolulu Star Advertiser by one of Hawaii’s most brilliant tech journalists.
The decimation of astronomy will contribute to the loss of many jobs not only in astronomy, but also in education, high tech, industry, and many support services, some of them small businesses and the economic benefits to my island and the state.
The demise of astronomy will also mean lost opportunities for future and the “spillover effects” astronomy brings to our fragile economy – knowledge, expertise, and technology benefits.
The ramifications of this bad bill will resonate throughout the worldwide astronomy, business, and scientific communities, even though the bill does declare “support of astronomy to be a policy of the State.” How much of a commitment to astronomy do we truly have?
The new authority will have to give equal or maybe even greater weight to the ecology and environment of the mountain, its natural resources, restricted access, human activities, traditional cultural practices, and more.
DLNR brought up several concerns including unclear oversight legal framework, unclear financial sustainability, and redundant managerial planning that are part of the bill’s flaws. The restrictions on astronomy and the associated leases are a problem as well as limitations on commercial use. And I totally agree as the chair of the Water and Land committee.
In the end, the DLNR believes that Mauna Kea lands should remain protected under the present conservation district rules under the oversight of the Board of Land and Natural Resources.
Mr. President, these are just some of the major concerns I have about HB 2024 CD1. Surely there are many more issues surrounding this bill including the fact that we have to appropriate more than $14 million for the creation of the new authority, micromanage observatory viewing time, among numerous legal concerns brought up by the Attorney General’s office, the potential political process in the nomination to board appointees, and much more.
I must ask you, is Hawaii as committed to astronomy as this bill would like you to believe?
We must not let our highly respected, world-class astronomy industry wither and die due to short-sighted legislation such as this.
Astronomy’s contribution has remained steady in Hawaii over the past decade. It is a reliable economic generator for Hawaii especially when compared to weather and pest-prone agriculture and pandemic-afflicted, price sensitive, tourism.
The stars and mostly good weather are always here, and astronomy can be here to support us in Hawaii for generations to come.
Colleagues, it’s time for us to make a statement and stand up for ASTRONOMY and not allow HB 2024 CD1 to pass.
Thank you, Mr. President."
Full Senate Floor Session on May 3rd 2022. Inouye's speech starts at around the 01:44:40 mark and it followed a speech by Senator Kim in support of the bill.