Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy, Environment and International Affairs, to which was referred Governor's Message Nos. 169, 170, 171, and 172, submitting for study and consideration the nominations of:

begs leave to report as follows:

Your Committee received written and oral testimony in support of all nominees by the Director of the Office of Environmental Quality Control.

Your Committee received written and oral testimony in support of DENISE E. ANTOLINI from the Environmental Coordinator of the University of Hawaii Environmental Center, and written testimony from a professor of law at the University of Hawaii School of Law, an attorney and former associate to Ms. Antolini, and a project manager for Parsons Brinckerhoff Quade & Douglas, Inc. The nominee also submitted a written statement.

Your Committee finds that DENISE E. ANTOLINI received an A.B. degree from Princeton University, a master's degree in public policy, and a law degree from the University of California, Berkeley. Ms. ANTOLINI has practiced law for the past fifteen years, clerked for a Federal district court judge, was the managing attorney of the Hawaii office of the Sierra Club Legal Defense fund, and since 1996 has been a professor of law at the University of Hawaii, William Richardson School of Law, where she is the Co-Director of the Environmental Law Program.

Your Committee received written testimony in support of ROBERT A. KING from the CEO of Maui Land & Pineapple Company. The nominee also submitted a written statement noting that he would be unable to appear before your Committee.

Your Committee finds that ROBERT A. KING attended the California State University, Chico, and studied agricultural engineering. Since 1981 Mr. KING has been the owner of King Diesel, and since 1996 has also been the President of Pacific Biodiesel, a renewable fuel and recycling concern.

Your Committee received written testimony in support of EILEEN O'HORA-WEIR from the Director of the Department of Environmental Management for the County of Hawaii.

Your Committee finds that EILEEN O'HORA-WEIR received an A.S. from the City College of San Francisco, a B.S. from the University of Hawaii at Hilo, an M.A. from the University of Hawaii at Manoa, and a Ph.D. in Natural Resource Economics from the University of Hawaii. Ms. O'HORA-WEIR has had a variety of research, consulting, and teaching experiences in education, economics, and energy. Ms. O'HORA-WEIR also has been Executive Director of Recycle Hawaii. Further, Ms. O'HORA-WEIR has experience in county government, both as a planner and as the Recycling Program Coordinator for the Department of Environmental Management, County of Hawaii. Ms. O'HORA-WEIR is also an organic farmer.

Your Committee received testimony in support of ORLAN L. PETERSON, JR., from the Director of the Office of Environmental Quality Control.

Your Committee finds that ORLAN L. PETERSON, Jr., received a B.A. from Chaminade University and an M.S. in Administration from Central Michigan University. Mr. PETERSON was on active duty in the United States Army and then spent almost twenty nine years with the Hawaii National Guard. Mr. PETERSON currently is with the Hawaii Army National Guard Environmental Program. Mr. Peterson has received numerous military honors, including the Legion of Merit, the Distinguished Flying Cross for Valor, and the Bronze Star. Mr. Peterson has also been involved with the clean up of the Ala Wai Canal and its tributaries and wetland projects in the Heeia Kea area.

Your Committee has reviewed the general histories, resumes, statements, and other information submitted by the nominees, and finds all nominees hereinabove to have the necessary qualifications to be appointed to the Environmental Council.

Your Committee notes that only one of the four nominees, DENISE E. ANTOLINI, appeared before your Committee and answered questions posed by your Committee.

Although your Committee finds that all nominees meet the minimum qualifications to serve on the Environmental Council, it is seriously concerned that the failure of three of the four nominees to appear before your Committee indicates a belief on the part of these nominees that the confirmation process is an inconvenient imposition on their time or an unwanted opportunity for the Legislature and the public to examine their nominations. The confirmation process is the public's opportunity to evaluate nominees to determine whether their nominations are in the public's best interest. Your Committee takes the confirmation process very seriously, and the failure of these nominees to appear hampers your Committee's ability to carry out its duty to the public. Your Committee also believes that these absences call into question the attendance record of, and work done by, these nominees during their interim appointments. Further, your Committee finds that these absences call into question whether the Environmental Council has outlived its usefulness as state regulation of the environment continues to mature and the regulatory scheme becomes more complete.

As affirmed by the record of votes of the members of your Committee on Energy, Environment and International Affairs, your Committee, after full consideration of the background, 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.