Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred Governor's Message No. 177, submitting for study and consideration the nominations of:

begs leave to report as follows:

Upon review of the testimony and statements submitted by the nominees, your Committee finds that Meredith J. Ching and Clayton W. Dela Cruz have the necessary character, experience, and qualifications to serve on the Commission on Water Resource Management.

Your Committee wishes to state that while this Governor's Message generated considerable controversy, the opposition centered primarily on the nomination process and the issue of balanced representation on the Commission, not on the qualifications or character of the nominees.

Your Committee also wishes to express its appreciation to all those who raised issues and voiced their concerns over the nominations. The debate was lengthy and has been invaluable in focusing attention on some of the major challenges facing the Commission, such as instream flow standards and Hawaiian rights, as well as pointing out shortcomings in the State Water Code that must be addressed. Throughout the hearings, the nominees expressed a personal commitment to fulfilling their responsibilities as Commissioners in a fair and balanced manner and demonstrated a willingness to consider fully the concerns raised in opposition testimony.

Meredith J. Ching, Vice President, Government & Community Relations, Alexander & Baldwin, Inc., joined the company in 1982. In addition to Alexander & Baldwin's public and community relations programs, she is responsible for development and implementation of strategies to promote optimum use of the corporation's natural resource assets. Ms. Ching holds an MBA from UCLA and an undergraduate degree in civil engineering from Stanford University. She is active in community organizations and currently is a board member of Hawaii Nature Center, The Nature Conservancy of Hawaii, and the YMCA, among others. Ms. Ching is also a board member of Land Use Research Foundation and Hawaii Resort Developers Conference.

Clayton W. Dela Cruz is Division Director of the ILWU, Local 142 Kauai Division. A lifetime resident of Kauai, he began his career as a machine operator and journeyman carpenter for Kekaha Sugar Company, Ltd., and has extensive experience working on Kekaha Sugar's Kekaha, Kikiaola, and Kokee ditch systems. Mr. Dela Cruz has served on numerous boards, including the Kekaha Community Association, County of Kauai Liquor Commission, and the Executive Board of the Kauai United Way, and currently serves as a member of the Statewide Workforce Development Council. His "hands-on" experiences with ditch systems, and the knowledge gained through his service on various boards and commissions, will make him a valuable contributor to the Commission.

Testimony in support of Ms. Ching's nomination was received from Congressman Neil Abercrombie, the Commission on Water Resource Management, two current and two former members of the Commission, a member of the Board of Land and Natural Resources, Mayor of Kauai, four members of the Kauai County Council, County of Kauai Planning, the Department of Water Supply for the County of Kauai and the County of Hawaii, the Board of Water Supply for the City and County of Honolulu, ILWU Local 142, Pacific Resource Partnership, Hawaii Carpenters Union, Hawaii Operating Engineers Industry Stabilization Fund, Hawaii Farm Bureau Federation, Maui County Farm Bureau, Hawaii Agriculture Research Center, Hawaii Resort Developers Conference, Hawaii Leeward Planning Conference, Land Use Research Foundation of Hawaii, Hawaii Hotel Association, Maui Hotel Association, Kauai Chamber of Commerce, Kauai Economic Development Board, Contractors Association of Kauai, Maui Chamber of Commerce, Maui Land & Pineapple Company, Inc., Castle & Cooke Hawaii, Gay & Robinson, Inc., Haleakala Ranch Company, McCandless Ranch, Molokai Ranch, The Estate of James Campbell, The Nature Conservancy of Hawaii, Hawaii Community Foundation, The Mark A. Robinson Trusts, Dowling Company, Inc., Haseko Hawaii, Inc., Princeville Resort Kauai, Pacific Management Consultants, Inc., SSFM International, Inc., and thirty-seven individuals.

Testimony in opposition was received from The League of Women Voters, Hawaii's Thousand Friends, Sierra Club Hawai`i Chapter, Maui Clean Air Coalitions, Kauai Westside Watershed Council, American Friends Service Committee, Na Moku `Aupuni o Ko`olau Hui, and forty-six individuals.

Testimony in support of Mr. Dela Cruz's nomination was received from the Commission on Water Resource Management and two current and one former Commissioner, County of Hawaii Department of Water Supply, County of Kauai Department of Water, ILWU Local 142, Gay & Robinson, Inc., Grove Farm Company, Incorporated, and one individual.

Finally, your Committee will be forwarding to the Governor, a letter expressing its concerns regarding the current composition of the Commission and the lack of representation of the environmental point of view. The letter also notes that Commissioner Richards will retire next year at the end of his second term, and urges the Commission's nominating committee to recruit qualified candidates from many different fields and perspectives in order to ensure that diversity of viewpoints shall be represented on the Commission.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee, after full consideration of the background, character, experience, and qualifications of the nominees, has found the nominees to be qualified for the positions to which nominated and recommends that the Senate advise and consent to the nominations.