Gov. Neil Abercrombie’s nominee to lead the state Office of Environmental Quality Control is stirring opposition from environmentalists because of her role in the Hawaii Superferry fiasco.
Genevieve Salmonson was director of the OEQC and signed off on the Lingle administration’s decision to exempt $40 million in state harbor improvements for the Superferry project from environmental review. The state Supreme Court ruled unanimously in 2007 that the exemption for Superferry was an error. The interisland ferry eventually went out of business after the court ruled that an alternative environmental review process crafted by the Legislature to save the project was also unconstitutional.
Abercrombie appointed Salmonson interim director of OEQC in May subject to state Senate confirmation. She would replace Gary Hooser who, ironically, as a Kauai state senator led the drive for an environmental review of the Superferry project.
The Senate will take up several of Abercrombie’s nominees during a special session that was called by the governor primarily to consider a gay marriage bill.
"We’ve already informed the governor that she may not have the support that’s needed," said Senate Majority Leader Brickwood Galuteria (D, Kakaako-McCully-Waikiki).
Sen. Mike Gabbard (D, Kapolei-Makakilo), chairman of the Senate Energy and Environment Committee, will hold a confirmation hearing on Salmonson on Tuesday morning.
"My job is to be open minded and make a recommendation based on the testimony provided to us," Gabbard said in an email. "I plan to make my decision based on what’s best for the people of our state and the environment."
Abercrombie’s aides describe Salmonson as an experienced administrator who was first named to the OEQC by Gov. Ben Cayetano in 1999 and served under Gov. Linda Lingle until 2007. She had been working in compliance and environmental planning for the state before the interim appointment.
"The governor continues to support Genevieve Salmonson and her appointment as director to the Office of Environmental Quality Control," Louise Kim McCoy, the governor’s spokeswoman, said in an email. "She previously held this position for several years under two prior administrations, and therefore has the necessary demonstrated experience. She is highly qualified and capable of being appointed once again.
"We understand that there are concerns that have been raised about her nomination and so the governor’s office has been engaged in discussions with senators to determine her level of support."
Many environmental and community groups view Salmonson as a poor choice because of her involvement with Superferry.
"If Ms. Salmonson had asked the right questions and determined that an EIS was necessary, this sordid episode in Hawaii’s history may never have happened and the state might have saved millions of dollars," Robert Harris, the director of Sierra Club of Hawaii, said in a statement opposing Salmonson’s confirmation.
"The Office of Environmental Quality Control, which is charged with protecting Hawaii’s environmental quality and resolving public concerns, suffers from a clear lack of quality leadership. It has been unable to pass administrative rules in over a decade and has not substantively updated Hawaii’s environmental review laws in years.
"Ms. Salmonson, who has served in this office previously for two terms, cannot provide the leadership needed nor inspire public confidence in her ability to fairly hear and resolve environmental concerns."
The Sierra Club of Hawaii; The Outdoor Circle; Kahea, the Hawaiian-Environmental Alliance; and Hawaii’s Thousand Friends are among the groups opposing Salmonson.
Senate Minority Leader Sam Slom (R, Diamond Head-Kahala-Hawaii Kai) said he would support Salmonson but senses that her nomination is in trouble. "We’re going to redo the Superferry?" he asked. "Well, I happened to have liked the Superferry, and still do."
A few senators have also raised objections about Abercrombie’s June nomination of Shawn Smith, a developer, to the Kauai seat on the state Board of Land and Natural Resources. Smith has been involved with Kahu’aina Plantation, a 357-acre beachfront property on Kauai’s North Shore valued at $70 million. The agricultural property is being subdivided into 80 lots with the potential for luxury homes.
The Senate Water and Land Committee has scheduled a confirmation hearing for Smith for Wednesday afternoon.
Sen. Laura Thielen (D, Hawaii Kai-Waimanalo-Kailua), who serves on the committee, has informed Sen. Malama Solomon (D, Kaupulehu-Waimea-North Hilo), the committee’s chairwoman, about her concerns with Smith.
Thielen said Smith is a good man who could serve the state on another appointed board. But she is perplexed about why the governor chose the developer for the Board of Land and Natural Resources. "I feel it’s completely inappropriate to place him on one of our land boards," she said.