A last-minute debate has flared up in recent weeks over one of five proposed constitutional amendments on the general election ballot.

Amendment 2, if approved by voters, would authorize the state 鈥渢o issue special purpose revenue bonds and use the proceeds from the bonds to assist agricultural enterprises on any type of land.鈥

Special purpose revenue bonds are a type of municipal bond supported by income earned by the project receiving the funding, and not by the general credit of the state or its taxpayers. These special bonds carry lower interest rates and generally are seen as given borrowers a financial boost.

A taro field in Hanalei, Kauai.

Nathan Eagle/Civil Beat

A similar constitutional amendment was approved by a 63.7 percent to 36.3 percent margin in 2006, but it only applied to agricultural operations on lands legally designated as 鈥渋mportant agricultural lands.鈥 It was seen at the time as an incentive to encourage landowners to set aside the best ag lands for farming in perpetuity as a means of fulfilling Hawaii鈥檚 constitutional mandate to 鈥渃onserve and protect agricultural lands [and] … assure the availability of agriculturally suitable lands.鈥

But it hasn鈥檛 worked. Landowners have been reluctant to permanently lock their land into farming, despite the bond incentive.

This year鈥檚 amendment appears simple. It would simply eliminate the 鈥渋mportant agricultural lands鈥 restriction and allow most agricultural businesses to make use of the bonds.

It鈥檚 the sort of question that typically prompts yawns, but at least in some circles it has become a hot topic of debate.

Proponents, led by a political committee called the , say it will increase local food production by opening up a new source of financing for infrastructure projects like irrigation.

Those questioning the amendment argue that it is most likely to benefit large agricultural corporations rather than small farmers, and that it will not actually do anything for small producers struggling for financial survival.

And they say the financial muscle behind the 鈥淵es on 2鈥 campaign comes from a single source, prompting questions of the extent to which this really represents special interest legislation.

The amendment began life in January 2013 as . It was passed out of the House Agriculture Committee with support from Alexander & Baldwin, Inc., Hawaii Bioenergy, LLC, Hawaii Farm Bureau Federation, Land Use Research Foundation of Hawaii, Ulupono Initiative and Hawaii Cattlemen’s Council, but further action was deferred by the House Judiciary Committee.

The bill resurfaced during the 2014 legislative session with new backing from the Local Food Coalition, and passed easily without a dissenting vote in either the House or Senate, legislative records show.

The late debate appears to have started with , a Democrat who represents the 25th Senate District which wraps around the east end of Oahu from Kailua to Portlock. Thielen is a former director of the Department of Land and Natural Resources, and sites on key committees, including Agriculture, Water and Land, and Ways and Means.

Although Thielen voted for passage of the HB748, she took to her blog to voice her opposition to the amendment, in part because it eliminates the incentive for landowners to protect their lands as 鈥渋mportant agricultural lands.鈥

鈥淲e have way too much privately held agricultural land that is fallow because it鈥檚 essentially being 鈥榖anked鈥 for future development,鈥 Thielen wrote. 鈥淚 don鈥檛 want to see landowners putting in improvements that later serve a different purpose when the land is developed.鈥

Thielen returned to the topic in noting that the issue had generated 鈥渕ore emails, calls and office visits from people on this topic than on any other (with the exception of the multiple posts on the recent HPD incidents).鈥

This time around, she paraphrased the position of an unidentified advocate.

鈥淚f we want an agricultural economy in Hawaii, we need agricultural infrastructure,鈥 they argued. 鈥淲e need to fix irrigation systems. We need to build food processing facilities, cold storage, transportation, etc., etc. The state isn鈥檛 funding this. We have to figure out a way to do this ourselves.鈥

After weighing the arguments, Thielen still opposes the amendment, saying it 鈥渙pens the door to a broad variety of developments that may or may not meet the intended goal.鈥

鈥淲hen I weigh the risks between the hoped-for projects and the possibility of unintended consequences,鈥 Thielen wrote, 鈥淚 come down on the side of 鈥榥o.鈥欌

Several other critics have emerged, arguing their case in online comments left on several sites. One of the most methodical has been progressive activist Bart Dame, who has spelled out his case .

Last week, for example, Dame criticized a mailer sent out by the Local Food Coalition as 鈥渆xtremely misleading.鈥 The coalition has been for Amendment 2 on agricultural bonds.

鈥淲hile some organizations are spinning a tale that this amendment would benefit 鈥榮mall鈥 and 鈥榣ocal鈥 鈥榝armers鈥 producing 鈥榝ood,鈥 I am sorry, but that is grossly inaccurate and evasive,鈥 Dame wrote. 鈥淚t will benefit 鈥榓gricultural operations鈥 in Hawaii. They do not have to be owned by 鈥榣ocal鈥 people. Nor do they have to be 鈥榮mall.鈥 Nor do they have to be producing 鈥榝ood鈥 in order to qualify.鈥

Who is the Local Food Coalition?

The Local Food Coalition registered as a ballot issue committee on Sept. 9, 2014. According to the filed with the Campaign Spending Commission, its three officers all work for Ulupono Initiative, a private investment company created and solely funded by eBay founder and Civil Beat publisher Pierre Omidyar.

In fact, its hard to tell the coalition apart from Ulupono.

Coalition chair Brandon Lee became Ulupono鈥檚 first staff member in 2009, and now identifies himself as an Investment Associate. Coalition treasurer Murray Clay is managing partner of Ulupono, and deputy treasurer Kyle Datta is a founding partner. State business registration records also list Datta as a managing partner of Hawaii Bioenergy LLC, which was one of those early backers of HB748.

The Local Food Coalition鈥檚 finances tell a similar story. In its pre-election disclosure report filed on Monday, raising $505,250 since it was formed. Of that amount, $500,000, or 99 percent of the聽 total, came from Ulupono Initiative.

While critics generally acknowledge Ulupono鈥檚 good intentions, they also note that it鈥檚 a private investment firm with its own special interests, which deserve to be publicly acknowledged and assessed.

Dame and other critics point to other examples of laws or policies touted as protecting agriculture which were warped in practice to benefit non-farming special interests, such as the developers of so-called 鈥済entleman farms鈥 who create private estates for the wealthy on agricultural land by growing only crops.聽 They fear that similar unintended consequences will result from this constitutional amendment.

And closer to home, critics have also noted that while Civil Beat has analyzed at least two of the other constitutional amendments on the ballot, it has steered clear of Amendment 2, raising concerns of its editorial independence on a sensitive local issue.

But Civil Beat Editor Patti Epler said she had been unaware of the coalition鈥檚 ties to Omidyar.

鈥淯ntil I read your column, I had no idea of Ulupono鈥檚 involvement in this ballot measure,鈥 Epler said Tuesday.

She said that although the amendment had been previously mentioned in passing, 鈥渋t looked like kind of a mundane agriculture measure that didn鈥檛 catch our attention.鈥

More generally, she said, 鈥淧ierre doesn鈥檛 get involved in Civil Beat.鈥

It鈥檚 a shame this debate has arisen so late in the election campaign. The issue could certainly have used a more thorough airing, as the current back-and-forth demonstrates.

Now, for good or ill, it鈥檚 up to the voters.

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About the Author

  • Ian Lind
    Ian Lind is an award-winning investigative reporter and columnist who has been blogging daily for more than 20 years. He has also worked as a newsletter publisher, public interest advocate and lobbyist for Common Cause in 贬补飞补颈驶颈, peace educator, and legislative staffer. Lind is a lifelong resident of the islands. Opinions are the author's own and do not necessarily reflect Civil Beat's views.