From resolution to regulation: environmental lawmaking in Hawaii
Why does it take over a decade for ocean recreation regulations to move forward? And how do renewable energy goals get turned into law? In this episode, Hawaii State Representative Nicole Lowen talks about what it really takes to turn resolutions into regulations.
Episode summary
This conversation shows how Hawaii's lawmaking process works and why environmental progress often moves slower than we'd like. Rep. Lowen breaks down what a state representative actually does: campaigning, constituent work, policy development, and those intense four-and-a-half months in session at the Capitol. She explains how committee assignments work, who gets appointed to leadership positions, and the structure of departments like the Department of Land and Natural Resources (DLNR) and the Division of Boating and Ocean Recreation (DOBOR).
Part of the discussion focuses on ocean recreation regulation, or the lack of it. Despite a 2014 house resolution calling for mandatory industry regulation, and despite a tragic guide death in 2022 that reopened the conversation, comprehensive rules still haven't been implemented. Rep. Lowen walks through why: competing business interests, concerns about fairness in permit allocation, the surf lesson lottery disaster, and proposals currently stalled in the Attorney General's office. She's upfront about the challenge of balancing safety, environmental protection, and economic concerns when everyone wants a piece of the pie.
We also dive into Hawaii's renewable energy progress. Rep. Lowen explains the 2045 goal for 100% clean energy, the Renewable Portfolio Standards that make this enforceable rather than aspirational, and how different islands are progressing at different rates. She discusses the closure of Hawaii's last coal plant, the expansion of solar farms, the potential for geothermal energy, and why Hawaii Island is actually ahead of schedule while Oahu struggles to keep pace. The conversation touches on cesspools, waste management, invasive species like the rhinoceros beetle, and why Hawaii should be leading on environmental issues but often isn't.
Throughout the episode, Rep. Lowen emphasizes that this is the decade of decisions for conservation; we can't keep kicking issues down the road when both environmental and civic structures are at stake. She offers a realistic picture of how citizens can engage with the legislative process beyond generic "call your representative" advice, and why understanding the system matters if we want to create lasting change.
Takeaways:
Lawmaking involves four main buckets: campaigning, constituent work, policy development, and the actual 4.5-month legislative session where bills get heard and voted on
Ocean recreation in Hawaii still has no comprehensive regulation despite 11 years (and running) of effort, with final rules currently stalled in the Attorney General's office
Hawaii's 100% renewable energy by 2045 isn't an empty goal: it's enforceable law, with neighbor islands ahead of schedule
Government departments like DLNR have appointed leadership (chairs serve at the governor's pleasure) while divisions like DOBOR have career employees, creating different dynamics
Creating fair regulation is complicated when you're trying to balance safety, environmental protection, established businesses, new operators, and economic concerns
Today’s guests: Rep. Nicole Lowen
Rep. Lowen has lived in Kailua-Kona since 1996, and she’s represented District 7 on Hawaii’s Big Island since 2012. She spent over a decade working on renewable energy standards, waste management, ocean conservation, and the regulation of ocean recreation. She currently chairs the Energy and Environmental Protection Committee.
Resources from this episode:
Department of Land and Natural Resources (DLNR): Hawaii state department overseeing conservation and natural resources
Division of Boating and Ocean Recreation (DOBOR): Division under DLNR responsible for regulating recreational ocean activities
Division of Aquatic Resources (DAR): Division under DLNR focused on aquatic resource management
AES Hawaii: A company that operates solar farms and transitioned away from coal
Renewable Portfolio Standards: Enforceable requirements for utilities to reach renewable energy benchmarks
House Concurrent Resolution (2014): Called for mandatory ocean recreation industry regulation
Puna Geothermal Venture (PGV): Geothermal plant in Puna that lost wells during 2019 volcanic activity
Waikoloa Solar Farm: Large solar installation on Hawaii Island
Hawaii Invasive Species Council: Coordinates efforts to prevent and control invasive species
Coconut Rhinoceros Beetle: Invasive pest spreading in Hawaii, particularly near Kona Airport area
Ready to take action? Look up your state and local representatives who work on environmental issues. Find out who chairs committees related to energy, environment, or ocean resources, and check what legislation is currently moving through. Then take one action: submit testimony on an upcoming environmental bill, or reach out to your rep's office with a conservation concern in your community. You can track legislation on your state legislature's website. Policy change happens when engaged citizens show up consistently with specific asks.