Ladies and Gentlemen of the CARE Committee.
RE: Bill 21
I do not support this Bill in its current form. I would support adding the following exemptions:
(1) Water features and swimming pool lighting
(2) String lights as used by many restaurants in their outdoor sitting areas
(3) Security flood lights in residential and commercial areas
(4) Lighting for all recreational facilities both private and public.
(5) Concert and theatrical performance venues i.e., MACC, Maui Film Festival
(6) Wine festivals, charitable events, rodeos, luaus, county faire
(7) Maui Raceway event lighting
As a taxpayer, I vigorously protest the waste of thousands and thousands of dollars to junk street light fixtures, owned by the taxpayers, because of yet unproven and conflicting claims that current lights damage seabirds. What is the fiscal impact for junking these lights and replacing with lights from a sole source vendor?
I also object to misleading statements made by Councilmember King to the concerned youth sports coaches that testified at the second reading of this Bill. She ridiculed their concerns that they may not have lighting for their fields telling them the lighting is not affected by this Bill. These coaches deserved to be respected, indeed cherished, for their efforts to enrich our youngsters lives with sports activities. The more factual answer? In three years, if there is suitable lighting available, this Bill mandates that the current lighting be replaced. What will the cost be? And who will pay for it?
In the matter of the blue light content, those requirements will halt all projects while awaiting approval for lighting plans. In reading this Bill, the language is intended to be understood by lighting engineers only. This language needs to be more defined so a non-engineer can discern what it actually says. What impact does this have on much needed affordable housing? What holding costs are involved that add to the final price of a property? Yet another law to burden the approval process, which clearly drives up housing costs.
I support holding this Bill until the U.S. Fish and Game Study of Hawaii seabirds and turtles is completed. I understand that the results of that study are forthcoming. It will offer credible information on lighting types and colors that are best for the birds. So will the academic study by Hawaii Pacific University, which was dismissed by the Chair as a source in the original consideration of this Bill.
Why are Hawaiian homelands exempt from these bird and turtle saving provisions?
This is a bad Bill for a worthy cause. The Council has received many concerned and definitive comments from experts in this arena. Wait for full information which is months away. Make informed decisions. Keep this Bill in committee until then.
Thank you.
Madge Schaefer
I am a Board member at Ma'alaea Triangle Association (MTA) which represents all the commercial business in the Ma'alaea Triangle commercial area. We have a parking lot that contains 756 parking stalls and 27 light poles most being 30' high. These light poles were installed about 25 years ago when the commercial area was developed and are end of life with outdated lighting technology that is not energy efficient and not very seabird friendly. We have now signed a contract with a lighting manufacturer that is able to deliver to our specifications; < 2% blue light content, < 3,000K, and shielded light fixtures. This technology meeting the above specifications is readily available. They are completely PV + battery operated. Our new lights will be 18' tall. We expect to be able to execute this project by the end of 2022.
I wanted to share this project with Maui County Council considering this issue as here we have a private organization that recognizes the importance of this issue and is making the decision on its own to lead with a solution that is not only seabird and sea turtle friendly but also most energy efficient and it is happening now. And the UH astronomy will also appreciate more clarity in the night skies. I urge the Maui County Council to continue to be forward looking and be the agents for positive change in and for our Community. Thank you for your time and consideration.
Aloha,
Tapani Vuori
c.808.561.2022
tvuori@mocmarineinstitute.org
Dear Councilmember King and members of the Committee,
I am the CEO and President of Events International, one of Hawaii’s largest and most diverse event businesses. We work on all of the Hawaiian Islands and provide production services and support for many of the largest and most prestigious events that take place in our State.
Events International has made a huge commitment to environmental awareness and sustainability in the event arena. We are currently working to eliminate the use of one-time use plastic containers at events. We have made a huge effort to reduce waste and manage the negative environmental impacts of events.
That being said, we believe that there should be an exception for outdoor events in this important bill. We support the protection of sea birds and reducing the negative harmful effects of outdoor lighting. However, the nature of outdoor events makes it impossible to adhere to many of the restrictions put forth in this bill. We believe that outdoor events should still be allowed to take place and that the infrequent nature and non-permanence of the lighting installations in these events would not greatly impair the intent of the bill.
If the Bill passes in its current form, it will deny the public the great joy and entertainment of outdoor events and bring great hardship to our event businesses. Please consider an exemption for outdoor events so that temporary lighting for these events may take place.
Respectfully
Eric (Rick) Schneider
CEO, President
rick@eventsint.com
808 294-7954
Testimony of Jay F. Penniman, Manager, Maui Nui Seabird Recovery Project
CLIMATE ACTION, RESILIENCE, AND ENVIRONMENT COMMITTEE
Wednesday, August 31, 2022 9:00 a.m.
BILL 21, CD1, FD1 (2022), SEABIRD AND BIODIVERSITY PROTECTION (CARE-74)
Aloha Chair King, Chair Lee, & Members of the CARE Committee, I am Jay Penniman and I manage the Maui Nui Seabird Recovery Project.
Thank you all for the care and effort you have taken in developing this bill for an ordinance. Committee chair King and her staff have taken a deep dive into the issues of light pollution and its impacts on our island home. They have provided the committee and the council with a well crafted outrdoor lighting ordinance proposal that will significantly improve the night environment when it is fully implemented. Concerns and issues have been raised by the administration and members of the public and the ammended ordinance effectively addresses these while maintaining the integrity of the light polution reducing improvements to Maui Countyʻs Outdoor lighting Ordinance.
The public works department recently commissioned an after the fact environmental assessment for the streetlights that were purchased to replace the high pressure sodium streetlights that are at the end of their life span and require much more energy to run than modern LED street lights. Unfortunately this environmental assessment has many inacuracies and fails to truely consider alternatives that would comply with the proposed bill 21 for an ordinance. I have submitted response to the draft EA and encourage all of you to read these as I presume you will also receive testimony citing the draft EA as rationale to eliminate the core of bill 21; the requirement for short wavelength spectra to be severely limited in nighttime lighting as it has been for the past ten years on Hawaiʻi Island. Additionally, the LED streetlights that would comply with bill 21 also comply with the departmentʻs streetlight conversion goal of reducing the amount of electricity consumed and thus saving the county money. The issue of being unwilling to add filters to the streetlights because that would void the warrentee is mute because the warrentee on the power supply is either expired or will shortly expire.
I have included additional references in my submitted testimony that show the amount of reasearch documenting the detrimental effects of short wavelength light on wildlife, coral reefs, human health and dark nighttime skies for astronomical observations.
Thank you for your time and consideration of this bill and I encourage you all to vote it on to full council consideration.
Attn: To all members of Maui County Council. While I guess this is an important issue to the person who got this bill on the agenda,and I respect their concern over the "sea birds" and while I am a real animal/bird lover as well, this problem doesn't come close (IMHO) to the real issues facing this county that our council should be solving now and don't. 1) Low cost Housing. 2) Traffic 3) Jobs 4) Water, 5) Rising property taxes just to name a few. Yet, you are spending your valuable time on outdoor lighting. A issue that no other island is doing that I'm aware of. This bill as written, among many negative things the bill would do will force many Maui business's to close and it will put many hard working men & women out of work. I wonder if this bill will effect street lighting , Shopping center lighting, outdoor sports lighting? Will it allow any event outside that needs lighting? Does the island go dark at sunset? How about home lighting? Will I have to close my curtains at night? MOST IMPORTANT !!!!!!! Has anyone thought of the crimes that might now be committed in newly un lit areas at night? This bill is a thieves dream come true. Does Maui now hire "light officers" to some how check all outdoor lighting? Will they be coming to my house at night if my porch light is to bright ? Will I no longer be able to have outdoor flood lights on my pasture so can see walking around at night? Please understand I support all living creatures, and I am sensitive to all environmental groups but In my 55 years on Maui I have yet to see, hear about how native seabirds being effected by outdoor lighting by anyone until now. Have I missed past articles in the Maui News in the last 55 years? Are these birds an endangered species? Are they dying because of the outdoor lighting at the MACC? or football games at King K.? If they are being hurt by outdoor lighting I haven't seen signs of it. Has anyone? Has anyone seen dead birds laying on the ground at the Grand Wailea that can be proven without a doubt, that outdoor lighting did in fact cause these birds to get hurt? Do birds get disoriented in light? Possibly. I could make the same claim about dogs, cats, deers horses. probably most animals and some humans as well. Unfortunately & sadly, animals that run in front of cars/headlights sometimes get run over. Do you pass a bill that no longer allows people to drive at night to protect these animals? I am wondering if this is such an important issue then why haven't the other islands haven't past any bills similar to this one? In closing, Please think this thru and the complete ramifications of such a bill. Please shelve or reject this bill and allow the people that live and work here to keep their jobs and their business's. At least do more research on this issue before you pass such a far reaching bill and its negative impact on the people that live here that you represent. As I see it and weather or not it saves birds, this bill as written will effect every person on Maui in some way and will have a negative effect on them in many ways including yourselves. Sincerely, Jim McLemore
Deleted User
about 2 years ago
Testimony in support of Bill 21
I strongly support Bill 21 as amended. This is a much-needed bill to protect our dark skies
Please use the below and attached as my written testimony.
CARE Committee,
Please consider revising the ordinance with engineers & architects & wildlife experts, to collaborate in a charette to come up with a workable plan for the Island of Maui. The current revision (attached), is a patchwork of the original ordinance, but will have similar issues as the previous ordinance.
Also, note, attached is an example of the spectral curve for 2 types of lights that would comply with the less than 2% blue content. For turtles, the preferred lighting in specific nesting areas is Amber or Red lighting which has a narrow bandwidth. The Filtered type used on the Big Island which reduces the blue content in the 400-500nm range has colors in the upper spectrum which may or may not affect the turtles. Florida Fish & Wildlife has specifics on the type of light to use in nesting areas and in certain times of the year. Again, this type of lighting is specific to an area and not used statewide in Florida, as Disneyworld does not have this light in the main promenade of the property. Mainly coastal areas.
Ladies and Gentlemen of the CARE Committee.
RE: Bill 21
I do not support this Bill in its current form. I would support adding the following exemptions:
(1) Water features and swimming pool lighting
(2) String lights as used by many restaurants in their outdoor sitting areas
(3) Security flood lights in residential and commercial areas
(4) Lighting for all recreational facilities both private and public.
(5) Concert and theatrical performance venues i.e., MACC, Maui Film Festival
(6) Wine festivals, charitable events, rodeos, luaus, county faire
(7) Maui Raceway event lighting
As a taxpayer, I vigorously protest the waste of thousands and thousands of dollars to junk street light fixtures, owned by the taxpayers, because of yet unproven and conflicting claims that current lights damage seabirds. What is the fiscal impact for junking these lights and replacing with lights from a sole source vendor?
I also object to misleading statements made by Councilmember King to the concerned youth sports coaches that testified at the second reading of this Bill. She ridiculed their concerns that they may not have lighting for their fields telling them the lighting is not affected by this Bill. These coaches deserved to be respected, indeed cherished, for their efforts to enrich our youngsters lives with sports activities. The more factual answer? In three years, if there is suitable lighting available, this Bill mandates that the current lighting be replaced. What will the cost be? And who will pay for it?
In the matter of the blue light content, those requirements will halt all projects while awaiting approval for lighting plans. In reading this Bill, the language is intended to be understood by lighting engineers only. This language needs to be more defined so a non-engineer can discern what it actually says. What impact does this have on much needed affordable housing? What holding costs are involved that add to the final price of a property? Yet another law to burden the approval process, which clearly drives up housing costs.
I support holding this Bill until the U.S. Fish and Game Study of Hawaii seabirds and turtles is completed. I understand that the results of that study are forthcoming. It will offer credible information on lighting types and colors that are best for the birds. So will the academic study by Hawaii Pacific University, which was dismissed by the Chair as a source in the original consideration of this Bill.
Why are Hawaiian homelands exempt from these bird and turtle saving provisions?
This is a bad Bill for a worthy cause. The Council has received many concerned and definitive comments from experts in this arena. Wait for full information which is months away. Make informed decisions. Keep this Bill in committee until then.
Thank you.
Madge Schaefer
Dear Honorable Chair and Committee Members,
I strongly support Bill 21, CD 1 FD1.
I am a Board member at Ma'alaea Triangle Association (MTA) which represents all the commercial business in the Ma'alaea Triangle commercial area. We have a parking lot that contains 756 parking stalls and 27 light poles most being 30' high. These light poles were installed about 25 years ago when the commercial area was developed and are end of life with outdated lighting technology that is not energy efficient and not very seabird friendly. We have now signed a contract with a lighting manufacturer that is able to deliver to our specifications; < 2% blue light content, < 3,000K, and shielded light fixtures. This technology meeting the above specifications is readily available. They are completely PV + battery operated. Our new lights will be 18' tall. We expect to be able to execute this project by the end of 2022.
I wanted to share this project with Maui County Council considering this issue as here we have a private organization that recognizes the importance of this issue and is making the decision on its own to lead with a solution that is not only seabird and sea turtle friendly but also most energy efficient and it is happening now. And the UH astronomy will also appreciate more clarity in the night skies. I urge the Maui County Council to continue to be forward looking and be the agents for positive change in and for our Community. Thank you for your time and consideration.
Aloha,
Tapani Vuori
c.808.561.2022
tvuori@mocmarineinstitute.org
Testimony – Bill 21 CD1, FD1 (2022)
Dear Councilmember King and members of the Committee,
I am the CEO and President of Events International, one of Hawaii’s largest and most diverse event businesses. We work on all of the Hawaiian Islands and provide production services and support for many of the largest and most prestigious events that take place in our State.
Events International has made a huge commitment to environmental awareness and sustainability in the event arena. We are currently working to eliminate the use of one-time use plastic containers at events. We have made a huge effort to reduce waste and manage the negative environmental impacts of events.
That being said, we believe that there should be an exception for outdoor events in this important bill. We support the protection of sea birds and reducing the negative harmful effects of outdoor lighting. However, the nature of outdoor events makes it impossible to adhere to many of the restrictions put forth in this bill. We believe that outdoor events should still be allowed to take place and that the infrequent nature and non-permanence of the lighting installations in these events would not greatly impair the intent of the bill.
If the Bill passes in its current form, it will deny the public the great joy and entertainment of outdoor events and bring great hardship to our event businesses. Please consider an exemption for outdoor events so that temporary lighting for these events may take place.
Respectfully
Eric (Rick) Schneider
CEO, President
rick@eventsint.com
808 294-7954
www.mauinuiseabirds.org
30 August, 2022
Testimony of Jay F. Penniman, Manager, Maui Nui Seabird Recovery Project
CLIMATE ACTION, RESILIENCE, AND ENVIRONMENT COMMITTEE
Wednesday, August 31, 2022 9:00 a.m.
BILL 21, CD1, FD1 (2022), SEABIRD AND BIODIVERSITY PROTECTION (CARE-74)
Aloha Chair King, Chair Lee, & Members of the CARE Committee, I am Jay Penniman and I manage the Maui Nui Seabird Recovery Project.
Thank you all for the care and effort you have taken in developing this bill for an ordinance. Committee chair King and her staff have taken a deep dive into the issues of light pollution and its impacts on our island home. They have provided the committee and the council with a well crafted outrdoor lighting ordinance proposal that will significantly improve the night environment when it is fully implemented. Concerns and issues have been raised by the administration and members of the public and the ammended ordinance effectively addresses these while maintaining the integrity of the light polution reducing improvements to Maui Countyʻs Outdoor lighting Ordinance.
The public works department recently commissioned an after the fact environmental assessment for the streetlights that were purchased to replace the high pressure sodium streetlights that are at the end of their life span and require much more energy to run than modern LED street lights. Unfortunately this environmental assessment has many inacuracies and fails to truely consider alternatives that would comply with the proposed bill 21 for an ordinance. I have submitted response to the draft EA and encourage all of you to read these as I presume you will also receive testimony citing the draft EA as rationale to eliminate the core of bill 21; the requirement for short wavelength spectra to be severely limited in nighttime lighting as it has been for the past ten years on Hawaiʻi Island. Additionally, the LED streetlights that would comply with bill 21 also comply with the departmentʻs streetlight conversion goal of reducing the amount of electricity consumed and thus saving the county money. The issue of being unwilling to add filters to the streetlights because that would void the warrentee is mute because the warrentee on the power supply is either expired or will shortly expire.
I have included additional references in my submitted testimony that show the amount of reasearch documenting the detrimental effects of short wavelength light on wildlife, coral reefs, human health and dark nighttime skies for astronomical observations.
Thank you for your time and consideration of this bill and I encourage you all to vote it on to full council consideration.
Attn: To all members of Maui County Council. While I guess this is an important issue to the person who got this bill on the agenda,and I respect their concern over the "sea birds" and while I am a real animal/bird lover as well, this problem doesn't come close (IMHO) to the real issues facing this county that our council should be solving now and don't. 1) Low cost Housing. 2) Traffic 3) Jobs 4) Water, 5) Rising property taxes just to name a few. Yet, you are spending your valuable time on outdoor lighting. A issue that no other island is doing that I'm aware of. This bill as written, among many negative things the bill would do will force many Maui business's to close and it will put many hard working men & women out of work. I wonder if this bill will effect street lighting , Shopping center lighting, outdoor sports lighting? Will it allow any event outside that needs lighting? Does the island go dark at sunset? How about home lighting? Will I have to close my curtains at night? MOST IMPORTANT !!!!!!! Has anyone thought of the crimes that might now be committed in newly un lit areas at night? This bill is a thieves dream come true. Does Maui now hire "light officers" to some how check all outdoor lighting? Will they be coming to my house at night if my porch light is to bright ? Will I no longer be able to have outdoor flood lights on my pasture so can see walking around at night? Please understand I support all living creatures, and I am sensitive to all environmental groups but In my 55 years on Maui I have yet to see, hear about how native seabirds being effected by outdoor lighting by anyone until now. Have I missed past articles in the Maui News in the last 55 years? Are these birds an endangered species? Are they dying because of the outdoor lighting at the MACC? or football games at King K.? If they are being hurt by outdoor lighting I haven't seen signs of it. Has anyone? Has anyone seen dead birds laying on the ground at the Grand Wailea that can be proven without a doubt, that outdoor lighting did in fact cause these birds to get hurt? Do birds get disoriented in light? Possibly. I could make the same claim about dogs, cats, deers horses. probably most animals and some humans as well. Unfortunately & sadly, animals that run in front of cars/headlights sometimes get run over. Do you pass a bill that no longer allows people to drive at night to protect these animals? I am wondering if this is such an important issue then why haven't the other islands haven't past any bills similar to this one? In closing, Please think this thru and the complete ramifications of such a bill. Please shelve or reject this bill and allow the people that live and work here to keep their jobs and their business's. At least do more research on this issue before you pass such a far reaching bill and its negative impact on the people that live here that you represent. As I see it and weather or not it saves birds, this bill as written will effect every person on Maui in some way and will have a negative effect on them in many ways including yourselves. Sincerely, Jim McLemore
Testimony in support of Bill 21
I strongly support Bill 21 as amended. This is a much-needed bill to protect our dark skies
Aloha
Gary Elster
County Clerk,
Please use the below and attached as my written testimony.
CARE Committee,
Please consider revising the ordinance with engineers & architects & wildlife experts, to collaborate in a charette to come up with a workable plan for the Island of Maui. The current revision (attached), is a patchwork of the original ordinance, but will have similar issues as the previous ordinance.
Also, note, attached is an example of the spectral curve for 2 types of lights that would comply with the less than 2% blue content. For turtles, the preferred lighting in specific nesting areas is Amber or Red lighting which has a narrow bandwidth. The Filtered type used on the Big Island which reduces the blue content in the 400-500nm range has colors in the upper spectrum which may or may not affect the turtles. Florida Fish & Wildlife has specifics on the type of light to use in nesting areas and in certain times of the year. Again, this type of lighting is specific to an area and not used statewide in Florida, as Disneyworld does not have this light in the main promenade of the property. Mainly coastal areas.
Aloha,
Eric Miyasato, P.E
808-226-5973