Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred Governor's Message No. 404, submitting for study and consideration the nomination of:

begs leave to report as follows:

Upon review of the background information submitted by the nominee, your Committee finds that Stephanie A. Whalen earned a Bachelor's Degree in Chemistry from Holy Names College, and a Masters of Science in Pharmacology from the University of Hawaii. Ms. Whalen is the current president and director of the Hawaii Agriculture Research Center (HARC) and president of the Kunia Water Cooperative. Prior to her almost ten years with HARC, she was the head of the Environmental Science Department, Experiment Station, Hawaiian Sugar Planters' Association. She also worked for several years as a chemist.

The Department of Agriculture, the Department of Land and Natural Resources, the Agribusiness Development Corporation, the College of Tropical Agriculture and Human Resources of the University of Hawaii, the Office of the County Clerk of the County of Hawaii, Gay & Robinson, Inc., Kilauea Agronomics, LLC, Agro Resources, Inc., Kamehameha Investment Corporation, Twin Bridge Farms, the Kauai County Farm Bureau, the Hawaii Leeward Planning Conference, the Maui County Farm Bureau, the Hawaii Agriculture Research Center, the Hawaii Farm Bureau, the Hawaii Crop Improvement Association, the Hawaii Cattlemen's Council, Inc., the Hawaii Forest Industry Association, the Pineapple Growers Association of Hawaii, E.I. Dupont Co., and Enterprise Honolulu, the Hawaii Island Economic Development Board, Alluvion, Inc., Waialua Vine-ripe, the Hawaii Egg Producers Association, and three individuals submitted testimony in support of the nominee, including one who submitted oral testimony in support of the nominee.

Earthjustice; the Hawaii Chapter of the Sierra Club; KAHEA; Tropical Orchid Farm, Inc.; and forty-six individuals submitted testimony in opposition to the nominee.

Your Committee members diligently questioned the nominee regarding her administrative qualifications, her vision and priorities for the Commission on Water Resource Management (Commission), and related policy issues presently before the Legislature. In addition, your Committee questioned Ms. Whalen regarding concerns expressed by environmentalists that the Commission does not have a balanced membership, but instead has several representatives of business, agribusiness, and ranching -- all big water users. No one represents the environment or the public at large. Your Committee wishes to clarify that the opposition centered on the nomination process and not on the qualifications or character of the nominee.

Ms. Whalen responded that she does not represent big business, nor does she serve any specific corporate interest. She said that she believes she will bring the balance that people are requesting. Your Committee recognizes that a balance is needed on this important commission. It had expressed that concern to the previous governor, and will now write to the current governor, requesting that future nominees help fill certain voids on the Commission, including the lack of representation of small, independent users and the environmental point of view.

Concerns were also raised about having too many of the regulated serve as the regulators because that trend has led to chronic difficulties for the Commission meeting quorum requirements. Because commissioners must recuse themselves from cases that come before them due to conflicts of interest and the appearance of impropriety, and because many major water disputes involve the large interests represented by the commissioners, the likelihood of recusals increases with the significance of a case. Ms. Whalen responded that everyone who has worked with water in the State would raise questions about having a potential conflict, and her background is so diverse that she could not be seen as having a pecuniary relationship with anyone. She stated, however, that she would ask the Attorney General for advice in applicable cases.

Ms. Whalen also responded to concerns about her level of expertise in water resource management. Section 164C-7, Hawaii Revised Statutes requires members of the Commission to have "substantial experience in the area of water resource management". Your Committee believes that the nominee adequately responded to the Committee's inquiries by explaining that she has gained extensive experience by working with operators, helped develop groundwater strategies for the State, earned an extensive science background, and has consistently done her homework. Thus, she has learned a lot over the years about how water should be managed: by looking at all the necessary uses of water and by finding a balance between conserving the environment and protecting the users of the resource.

Your Committee finds that Ms. Whalen has worked with the agricultural community for more than thirty years, helping them with, among other things, compliance with environmental laws and regulations. Those regulations can be very technical and complicated, requiring increasing levels of scientific knowledge to make astute decisions that protect and benefit the people and environment of Hawaii. She has provided technical expertise on water and other environmental matters as a member of various state advisory committees and at the Legislature. Ms. Whalen's strong background in science and technical expertise gives her a solid foundation upon which to make management decisions. Not only working at the state level, Ms. Whalen has frequently interacted with researchers and administrators from countries around the world during her work to advance Hawaii's agricultural research and development, giving her a global perspective. Her strong collaborative and leadership skills enable her to interact at the local, state and national levels, taking into account the many community needs.

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