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Hawaii Lawmakers Move To Cut Income Tax But HECO Bill Is In Limbo

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Hawaii Lawmakers Move To Cut Income Tax But HECO Bill Is In Limbo


House and Senate leaders are working through the weekend to see if there is a path to reviving a utility securitization bill.

Lawmakers gave preliminary approval to what is being billed as the biggest tax cut for Hawaii workers in state history on Friday afternoon as the Legislature raced toward a scheduled adjournment next week.

They also approved funding to combat the proliferation of invasive species, and to help put more Native Hawaiians in homes on Hawaiian homelands.

But one major unfinished piece of business remained: What to do about a hotly debated bill to allow Hawaiian Electric Co. to charge a fee to ratepayers so the utility can pay for wildfire mitigation plans.

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On Thursday, in a decision that surprised many at the Hawaii State Capitol, Senate Commerce and Consumer Protection Committee Chair Jarrett Keohokalole deferred the so-called securitization measure, Senate Bill 2922, indefinitely. That prompted Gov. Josh Green to intervene directly in the hope of saving a bill he sees as vital to the entire state.

Hawaiian Electric is working to restore power to hundreds of customers after the Aug. 8 wildfires in Lahaina and Upcountry Maui. (Nathan Eagle/Civil Beat/2023)
Hawaiian Electric Co. wants authorization to issue bonds and impose a fee of up to 5% of its customers’ monthly bills to finance those bonds to raise money for wildfire mitigation work. (Nathan Eagle/Civil Beat/2023)

Late Friday the governor’s office confirmed that House and Senate leaders will work through the weekend with the administration to hash out a compromise draft of SB 2922.

Green “believes this is an important issue and has committed to working until the end of session, or even after if needed, to find a solution that could provide stability to ratepayers,” the administration said in a written statement.

But Keohokalole does not appear to be backing down. Lawmakers held multiple hearings on the issue and discussed it at length, he said, adding that HECO had the opportunity to present its case to lawmakers during an hourslong informational briefing last week.

“The conclusion I and several of my colleagues came to was we were being asked to approve an unknown allocation of money for an undefined purpose to be paid for by an undetermined fee that our grandchildren will likely still be paying for with no assurance that HECO will remain locally controlled and operated and no protections provided for the local workers at HECO,” Keohokalole said.

Other senators also expressed worry about the HECO employees who belong to the International Brotherhood of Electrical Workers Local 1260.

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“Personally, I support the chair’s decision — that is his committee,” said Sen. Lorraine Inouye, referring to Keohokalole. “But I am concerned about the IBEW workers and how their pensions might be impacted, because they are going to be impacted. And I am also concerned that we have already been having rolling blackouts on Oahu and the Big Island, and things could get worse.”

What might happen next is unclear. One possible scenario is that House and Senate leaders call the Legislature back into conference committee on Monday, which is a recess day.

Less likely is that the Senate and House would pull the bill out of committee and to the floor for a vote. Or they could choose to extend the session beyond its scheduled end on May 3.

And there is the possibility that the governor could order the Legislature back into session. But it’s not clear that there is majority support in either chamber for SB 2922, which if passed as currently written would impose a fee of up to 5% on customers’ monthly bills to finance bonds and raise money in a process known as securitization.

Unsaid but understood by nearly everyone is the fact that the primary election is barely three months away. Running for reelection while appearing to bail out a monopoly company may not be palatable to voters who already have among the highest electric bills in the nation.

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Help For The Lowest Earners

There were only a few details available Friday on the new income tax cut proposal in House Bill 2404, which was made public by House Finance Committee Chairman Kyle Yamashita shortly after 4 p.m. Friday.

Yamashita told his colleagues the measure eliminates an entire income tax bracket for the lowest-paid state residents and also adjusts the remaining income tax brackets upward in response to the recent increase in the state minimum wage.

House Finance Committee Chair Kyle Yamashita, second from left, briefs his colleagues on the new draft of House Bill 2404. The measure increases standard income tax deductions and adjusts state income tax brackets to offer savings to Hawaii’s lower-income families. (Screenshot/2024)

Hawaii’s minimum wage increased to $14 per hour on Jan. 1, and Yamashita said lawmakers are concerned that additional income will cause low-income residents to pay a larger share of their earnings in state taxes.

“If we don’t adjust the brackets, the people that are earning minimum wage will be pretty much paying middle-income taxes, so we have to keep adjusting these brackets,” Yamashita said. “We’re keeping money in the pockets of people that need to keep the money, so that’s the idea.”

Yamashita said the latest version of the bill would also double the standard state income tax deduction for all Hawaii taxpayers for this year, which will translate into savings when it is time for residents to pay their income taxes next spring.

The standard deduction will then be further increased in a series of steps in 2026, 2028, 2030 and 2031, he said. Yamashita did not say how large those future increases in the standard deduction will be for each of those years, and he was unavailable for comment Friday night.

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At the committee hearing, however, he said the new bill would also eliminate the lowest income tax bracket in 2025, and then increase the remaining brackets in a series of steps in 2025, 2027, 2029 and 2031.

“Ultimately, by the time we hit 2031, it will be the biggest tax cut to the working people of the state of Hawaii in state history,” he said.

Sen. Karl Rhoads is photographed on Friday, April 26, 2024, in Honolulu. (Kevin Fujii/Civil Beat/2024)Sen. Karl Rhoads is photographed on Friday, April 26, 2024, in Honolulu. (Kevin Fujii/Civil Beat/2024)
Sen. Karl Rhoads is among lawmakers who did not support the estate tax bill, which he said favored the wealthy. (Kevin Fujii/Civil Beat/2024)

That comment drew a whoop from someone in the hearing room, and Yamashita continued: “I think this is something very big, and both House and Senate have worked hard on this to come up with a compromise.”

House Speaker Scott Saiki has described HB 2404 as “probably the most significant tax bill” of the session.

Meanwhile, Senate Bill 3289 — a much more controversial measure dealing with Hawaii’s estate tax — quietly died for the year.

That measure would have exempted more people from Hawaii’s estate tax. But critics said the measure would only benefit the wealthiest 0.2% of Hawaii residents, and lawmakers rejected it.

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DHHL Gets More Time To Spend Funds

Among the many measures that were moved to the last day of conference committee — the final major deadline ahead of session’s end — was Senate Bill 3109, which extends the deadline for the Department of Hawaiian Home Lands to use $600 million in funding approved by lawmakers two years ago.

While the department has encumbered much of the money, it was at risk of losing tens of millions of dollars by June 30. Under SB 3109, though, DHHL will now be allowed to lapse $129 million, which will be placed into a special fund.

“I know the Department of Hawaiian Home Lands has been doing a very good job in encumbering these funds going forward,” said Rep. David Tarnas, the lead House negotiator on SB 3109. “And this will enable them to have the flexibility to carry out our desires to get more Hawaiians on Hawaiian homelands.”

Reps. Scot Matayoshi, from left, Andrew Garrett, Lisa Kitagawa attend the Conference Committee to resolve differences relating to the procurement for the University of Hawaii on Friday, April 26, 2024, in Honolulu. (Kevin Fujii/Civil Beat/2024)Reps. Scot Matayoshi, from left, Andrew Garrett, Lisa Kitagawa attend the Conference Committee to resolve differences relating to the procurement for the University of Hawaii on Friday, April 26, 2024, in Honolulu. (Kevin Fujii/Civil Beat/2024)
Reps. Scot Matayoshi, from left, Andrew Garrett and Lisa Kitagawa at the conference committee meeting to resolve differences on the UH procurement Friday. (Kevin Fujii/Civil Beat/2024)

Lawmakers also reached agreement on a bill that will give the University of Hawaii’s chief financial officer procurement authority over construction and related professional services.

That authority had long been with the UH president, but in 2013 state senators shifted it to the Hawaii State Procurement Office. Senate Bill 2499 initially sought to permanently reinstate that power with the UH president.

But Sens. Donna Kim and Donovan Dela Cruz changed the bill earlier this month to instead give the procurement power to Brennon Morioka, the dean of the UH College of Engineering. No rationale was provided, and it came after the public comment period on bills had passed.

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On Friday, Rep. Scot Matayoshi said that the agreed-upon draft designates the university’s chief financial officer as its chief procurement officer effective June 28 and inserts a four-year sunset date, meaning it will again be revisited in 2028 — an amendment supported by Kim.

The Demise Of A Water Bill

UH will also get $1 million to set up a two-year program to develop a statewide wildfire forecast system using artificial intelligence.

UH supported Senate Bill 2284 and testified that the UH Manoa College of Engineering’s research capabilities in AI would be a key part of the program.

Not making the cut Friday afternoon, however, was a major water bill that was supported by the Office of Hawaiian Affairs, the Board of Water Supply, the grassroots group Lahaina Strong and the Sierra Club but was opposed by the Attorney General’s Office and the Department of Land and Natural Resources.

House Bill 2690 called for setting up a water policy coordinator and other positions within the Commission on Water Resource Management to coordinate the Red Hill Water Alliance Initiative, or Red Hill WAI.

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Reps. Gene Ward and Linda Ichiyama in the waning hours of conference committee Friday. The 2024 legislative session is scheduled to end on May 3. (Chad Blair/Civil Beat/2024)

CWRM, as the commission is known, would still be administratively attached to the DLNR but have greater independence. It would also create a Red Hill special fund for the remediation of pollution and appropriate money for it.

The bill was inspired by both the recent Red Hill Bulk Fuel Storage Facility fuel spillage and the Lahaina fires.

Inouye, chair of the Senate Water and Land Committee, said she was “greatly disappointed” that the House would not support the Senate amendments but said the issue would be introduced again next year.

She said there was agreement by both chambers that the bill was “urgently needed and very important — not just for Red Hill, but also for Lahaina,” noting the issue of water rights is all the more important now because of the giant task of rebuilding the West Maui town.

Tax Dollars At Work

One of the final bills to be approved early Friday evening was House Bill 2340, the annual claims-against-the-state bill. Civil Beat reported on several of those claims this year including a $750,000 settlement of a lawsuit over the death of a 3-year-old boy in state foster custody in 2017 on the Big Island.

The claims bill is introduced at the beginning of session in January but lawmakers do not approve the payments until the Attorney General’s Office has finalized them. The bill, which passed easily, contains 41 claims that total $18.8 million.

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Since the bill was last amended, two new claims were settled for an additional $71,500.

The claims require the state to pay the Sierra Club $35,000 for attorney fees and costs in a 2022 case involving the Board of Land and Natural Resources regarding stream water diversion, and for the state to pay $35,000 in settlement with a deputy sheriff who was involved in an accidental gun discharge incident in 2020.

And there is a lot of money going toward ridding the state of invasive species. Lawmakers approved Senate Bill 2401, which helps counties pay for feral chicken control programs. Money will also go to the Department of Health for a campaign to educate the public about the importance of not feeding feral animals.

The funding is secured through a measure that passed Thursday that appropriates almost $20 million to help control and eradicate little fire ants, coconut rhinoceros beetles, coqui frogs, rose-ringed parakeets, two-lined spittlebugs and brown tree snakes.

“A major focus this year has been invasive species, and of course, feral chickens are a part of that issue,” said Rep. Cedric Gates, adding that lawmakers are hoping the omnibus bill will help “really get a grip on the invasive species issues that we see statewide.”

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Episode 43: Volcano Warning issued for Kilauea due to falling ash and tephra

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Episode 43: Volcano Warning issued for Kilauea due to falling ash and tephra


HAWAII VOLCANOES NATIONAL PARK (HawaiiNewsNow) – The U.S. Geological Survey has upgraded the Kilauea alert level to a Volcano Warning due to fallout of the latest high-fountaining at Halemaumau crater.

The National Weather Service also issued an ashfall warning until 5 p.m. Tuesday for Hawaii Volcanoes National Park and communities to the northeast, including Volcano, Glenwood and Mountain View.

Episode 43 began Tuesday at 9:17 a.m. HST with more than a quarter-inch of accumulated tephra, including ash and other volcanic particles, reported within the first 90 minutes.

The USGS said fallout up to the size of footballs was reported at lookouts within Hawaii Volcanoes National Park, creating hazardous ground conditions.

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The National Weather Service said the plume from this episode rose to 25,000 feet. Surface level winds are reported coming from a southerly direction, which means that volcanic gas emissions and fallout may be distributed to areas northeast of the summit.

Communities adjacent and downwind of the eruption need to take necessary precautions for elevated tephra fallout and volcanic gases.

Closures in effect, shelter open

Highway 11 is closed on either side of Hawaiʻi Volcanoes National Park (HVNP) at mile markers 24 and 40. HVNP is also closed.

The County of Hawaiʻi has opened a shelter at Kaʻū District Gym, 96-1219 Kamani St., Pāhala, for residents and visitors impacted by the road closure or falling tephra.

Safety information

Volcanic tephra, including ash, can irritate eyes, skin, and the respiratory system. Take necessary precautions to limit exposure.

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  • If you have a respiratory condition, avoid contact with ash. Stay indoors until it is safe to go outside.
  • Close doors and windows, where possible.
  • Wear masks, gloves and eye protection when in contact with ash.
  • Do not drive in heavy ashfall.

Tephra also can clog and cause other problems with water catchment collection systems.

  • Temporarily disconnect the gutters feeding into the tank. Do not reconnect the system until the volcanic hazards (i.e. ash, laze, Pele’s hair in the air) have passed and the ash and debris are washed off the roof, out of the gutters and the tank.

Use caution when clearing rooftops of ash.

Road closures may occur without warning.

Click here for updates on Kilauea.

Episode 43: Volcano Watch issued for Kilauea(USGS)



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Hawaii pilot program aims to curb evictions | Honolulu Star-Advertiser

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Hawaii pilot program aims to curb evictions | Honolulu Star-Advertiser


A new statewide pre-eviction mediation law that went into effect last month has already had success in keeping Hawaii tenants in their homes.

The two-year pilot program requires landlords to participate in mediation talks before filing residential eviction notices for nonpayment of rent. It’s intended to prevent unnecessary evictions and help ease court congestion by resolving landlord-tenant disputes before they escalate.

The legal basis for the program comes from Hawaii State Legislature Act 278 passed last year and was signed into law on July 2.

This builds on the success of earlier mediation initiatives in Hawaii like Act 57, which was passed by the state House of Representatives in 2021 during the height of the COVID-19 pandemic to curtail a surge in eviction cases. That law required landlords to engage in mandatory, pre-eviction mediation with their tenants and attempt to find mutually agreeable solutions to settle rent disputes before going to court.

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Act 57 ran out of funding and subsequently expired in August 2022. But while it was on the books it boasted an impressive success rate: Out of 1,379 rent mediations conducted by the Mediation Centers of Hawaii (MCH) — an Oahu-based umbrella organization directing cases to local mediation centers — 87% of parties reached an agreement. It is credited with diverting more than 1,200 eviction cases away from the court system.

State lawmakers have praised the new pilot program as an offshoot of the most effective parts of the now-defunct COVID-era bill.

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“We are taking the lessons learned during COVID and testing a professionalized, pre-eviction framework through this pilot program,” state Sen. Troy Hashimoto of Maui said in a news release. “Instead of relying on limited resources in the courts, this data-driven approach encourages early dialogue and allows us to measure how effectively professional mediation can reduce court backlog and resolve disputes.”

Under the new program rules, landlords must give tenants a 10 calendar-day window to seek mediation services before starting eviction proceedings, and must upload eviction notices to MCH’s website. The organization will then direct cases to one of five local mediation centers in Honolulu, Kailua-Kona, Hilo, Lihue (Kauai) or Wailuku (Maui).

If the tenant opts to schedule mediation within that 10-day period, an additional 10 days is afforded for talks to take place before the case can be brought to court. Mediation services are free for both parties, funded with state money appropriated in Act 278 and directed to organizations like MCH.

However, attorney costs accrued by landlords or tenants will not be funded by the state, and if a tenant cancels or fails to attend a scheduled mediation, landlords are allowed to request tenants pay for their attorney fees.

The mediation center contracted to provide services to East Hawaii Island landlords and tenants is Ku‘ikahi Mediation Center, where Executive Director Julie Mitchell has seen the efficacy of the new program firsthand.

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Data is slim because the law has only been in effect for one month, but even early on Mitchell has seen four out of four cases assigned to the center thus far be successfully resolved, with three tenants able to stay in their rentals and one moving out without eviction. The West Hawaii Mediation Center serving Kona-side has successfully mediated five tenants to stay, and one amicable move-out.

Part of this success, Mitchell believes, is commencing talks between parties before back rent builds up and animosity and hopelessness start to grow.

“The idea behind this program is having early conversation and early communication,” she said. “It’s trying to prevent eviction as a preventative measure, to preserve housing, to prevent homelessness. It’s much easier to have a conversation when you’re one month behind on rent than when you’re 10 months behind on rent.”

Although these types of initiatives are often assumed to be more beneficial to tenants, Mitchell contends that landlords have also expressed appreciation at having access to mediation.

“I think it’s a sense of relief,” she said. “For landlords, they usually are a business and want to make sure they can get the money they need to live, oftentimes to pay a mortgage. Eviction is obviously not good for the tenant … but it’s also not good for landlords. It’s very costly to take people to court and to have to renovate and get the property ready for the next person.”

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Ideally, she said, negotiations that the center facilitates will be a win-win for everyone, including the courts.

“When I’m reading the agreements, it seems like it’s advantageous to both parties,” she said. “If the landlords are trying to recoup back rent, they can do that. We want to find solutions that are going to be best for everybody … and the courts are swamped, the judges have a lot of cases on the docket, so this is a way to alleviate those impacts on the courts as well.”

The pilot program will track its success through annual reports to the Hawaii State Judiciary, supplying data that will influence other statewide eviction prevention measures in the future.



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Hawaii to see ‘potentially life-threatening weather’ with massive rain, flooding

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Hawaii to see ‘potentially life-threatening weather’ with massive rain, flooding


The National Weather Service warns of a “high-impact and potentially life-threatening weather pattern” in Hawaii this week, with torrential rainfall, flash flooding, strong winds, severe thunderstorms and mountain snow.

Through Saturday, “we could easily see over 20 inches in the harder-hit areas, but that’s just a ballpark estimate,” said Laura Farris, a meteorologist at the weather service office in Hawaii.

Greater totals are possible atop the state’s volcanoes, which can measure feet of rain from the biggest storms.

The cause is a strong low-pressure system that will bring two rounds of stormy weather to the state Tuesday through Saturday. These systems are locally referred to as ‘Kona lows,’ and are responsible for Hawaii’s most extreme weather during winter months.

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“The high-end potential of this Kona storm is significantly outside the realm of ‘normal’ wet season weather,” the weather service said.

Heavy rain will begin over Kauai on Tuesday morning before reaching Oahu on Tuesday night, prompting the weather service to issue a flood watch for those islands, which is in effect through Saturday afternoon.

A lull in storminess Thursday won’t last long, as “an even stronger disturbance is expected Friday into Saturday with major flooding and damaging winds,” the weather service said. That storm is likely to prompt additional flood watches and warnings for Maui and other Hawaiian islands. About 10 inches of rain is predicted in Honolulu, with 30-plus inches of rain possible atop the state’s volcanoes, through Saturday.

Severe thunderstorms could generate hail and damaging winds, with isolated tornadoes even possible Friday and Saturday. Thunderstorm chances are highest for Kauai and Oahu initially, but the second disturbance over the weekend will raise odds for hail, wind and tornadoes across all islands. Significant snow accumulations are forecast for the summits of the Big Islands.

Hawaii is no stranger to heavy rain, as Mount Waialeale, on Kauai, is one of the wettest spots on Earth and averages nearly 40 feet of rain each year, according to NASA. But rainfall rates are expected to approach 2 to 3 inches per hour within the heaviest bands, too much for even tropical islands to handle without flooding.

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This Kona low will have an abundance of moisture to work with. The low’s counterclockwise motion, in tandem with an anomalous clockwise-spinning high-pressure system to the east, will work to draw abundant moisture toward Hawaii from the south. It’s the same area of high pressure responsible for the spring heat wave that’s forecast to grip the Western U.S.

The moisture transport won’t stop upon reaching the island state. It will continue northeastward toward the Pacific Northwest, where a strong Pineapple Express may raise flood danger early next week.



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