As we noted earlier today, the Governor seems to be on thin ice in asserting she has a fiduciary responsibility to ensure the City can afford to build and maintain Honolulu rail. The City has weighed in late today with much more on the subject. Here it is:
Governor Linda Lingle recently released a press statement regarding the City and County of Honolulu's rail transit project and her inability to sign the project's Final Environmental Impact Statement (Final EIS). The City responds disputing many of the issues that Governor Lingle addresses and her inability to move the project forward.
Lingle says...
"The fact is, the final EIS is not on my desk as some have incorrectly stated. The EIS is currently being reviewed by the Office of Environmental Quality Control (OEQC), which is analyzing the EIS section by section to make certain that it meets the requirements of the state's environmental law, Hawai'i Revised Statutes Chapter 343."
THE TRUTH IS...
A copy of the Final EIS was specifically hand delivered to her office on June 17, 2010. Furthermore, OEQC is a state office reporting to the Governor and therefore, the Governor is incorrect when she states that she does not have it.
Lingle says...
"As part of the OEQC's extensive review process, determined by its administrative rules, the OEQC must determine whether the comments submitted during the public comment period have been satisfactorily addressed in the final EIS. There were over 13,000 public comments submitted, and the OEQC is required to verify that all have been addressed."
THE TRUTH IS...
There were about 3,000, not 13,000, comments submitted to the City or the Federal Transit Administration (FTA) and they have been compiled and responded to in the Final EIS. The FTA has already verified the compilation and has thoroughly reviewed the responses.
Lingle says...
"While the OEQC is continuing its legally required review of the EIS, my Administration is also performing the financial due diligence to make certain Hawai'i taxpayers can afford this multi-billion project - including the cost to operate, maintain and sustain the system well into the future.
"To this end, the State Department of Transportation at the beginning of this month awarded a contract to Infrastructure Management Group (IMG), Inc., in association with CB Richard Ellis, Inc., to conduct an independent economic analysis, financial assessment, and evaluation of the proposed rail transit project.
"The scope of work includes an analysis and evaluation of the capital costs to build the project as well as the operating and maintenance cost projections prepared by the City and County of Honolulu. The work will include a determination of the reasonableness and accuracy of the City's plans and revenue sources to fund the single largest, most expensive public works project that has ever been undertaken in Hawai'i."
THE TRUTH IS...
The Governor is admitting that she is exceeding her responsibility by expanding the process to accept the EIS. She first stated that OEQC is making certain that the EIS meets the requirements of the State's environmental law. Therefore, OEQC has the sole responsibility to review the EIS for the project and recommend the Governor's acceptance. What is awkward is the Governor's insistence that a financial review of the project be completed prior to her accepting the document as part of her fiduciary responsibility. The Governor does not have a fiduciary responsibility for the project because no State funds are being used for the project.
Lingle says...
"I have informed the Federal Transportation Authority (FTA) that we are conducting an independent financial analysis and will share the findings with them. I have also requested updated financial information that the City provided to the FTA, since the last financial report issued for the project was published in August 2009."
THE TRUTH IS...
The FTA has informed the City that they relayed to the Governor that they believed the independent financial review completed by the FTA's consultant was sufficient and there is no immediate need to update the current report.
Linge says...
"Another issue that still has not been resolved is the programmatic agreement, which lays out a plan on how to treat native Hawaiian remains and other cultural resources that might be in the route of the rail. This programmatic agreement must be reached and signed off by the Federal Transit Administration, federal Advisory Council on Historic Preservation, State Historic Preservation Division, and the City before the EIS can be accepted. These discussions are still ongoing and no agreement has been reached."
THE TRUTH IS...
The programmatic agreement is a federal compliance requirement. The Governor's acceptance of the EIS is a State issue and the programmatic agreement is not required for her acceptance.
Lingle says...
"To ask me to sign the EIS at this point in time is inappropriate and premature."
THE TRUTH IS...
The Governor has no legitimate or relevant reason for not accepting the EIS at this time.
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