(BIVN) – A new bill on the Hawaiʻi County Council agenda could end the military exemption to the Big Island’s “Nuclear-Free Law”. 

Bill 206 will be heard by the County Council’s Policy Committee on Health, Safety, and Well-being in Hilo on Tuesday at 3 p.m. 

The bill will repeal Ordinance No. 84-39, enacted in 1984. The ordinance specified that the United States military operations are exempt from law found in Chapter 14, Article 8 of the Hawaiʻi County Code prohibiting the transportation or storage of radioactive material on the island. 

From the “Findings and Purpose” of the Bill 206:

The County of Hawaii recognizes the critical importance of safeguarding the health, safety, and welfare of its residents and environment. With growing concerns about the potential hazards posed by the transportation, storage, and development of nuclear materials, it is essential to ensure that all entities within the County, including military operations, are subject to appropriate regulatory measures. This ordinance seeks to remove the exclusion that previously applied to military activities in this regard, aligning with the County’ s broader commitment to minimizing radiation risks and maintaining a safe and clean environment for both present and future generations. This ordinance reflects the County’s dedication to comprehensive public safety without compromising national security responsibilities.

Here is the entire Chapter 14, Article 8 of the Hawaiʻi County Code:

from the Hawaiʻi County Code

Jim Albertini, the president of the Malu ʻĀina Center for Non-violent Education, provided this written testimony ahead of the hearing:

I Support Bill 206 calling for the Repeal of the Military Exemption from Hawaii County’s Historic Nuclear-Free Law passed in 1981. This is an important step in protecting the health, safety, and welfare of the residents and environment of Hawaii County.

First I want to thank Councilman Dr. Holeka Goro Inaba, and his staff, for having the courage and doing the work to introduce Bill 206. And I want to thank this committee for hearing the bill.

Hopefully Hawaii County’s action will inspire other counties to take similar action. The military radiation and other toxic contamination is not limited to Hawaii Island.

I also want to thank and honor the memory of several people who have died since this historic Nuclear-Free law was passed. First the late Moanikeala Akaka deserves major credit for pushing this legislation. I attach a 1980 photo of her and others (including former Councilman Angel Pilago, carrying the banner saying Make Hawaii and the Pacific Nuclear Free. I also want to remember the late Councilmenbers William Kawahara, James Dallberg, and still living former council member and current pastor Merle Lai These three people introduced the original legislation. I also want to remember several late peace activist who acted to uphold the spirit of this legislation. The late school teacher Dexter Cate who swam and climbed up on a US Nuclear submarine anchored in Kailua Bay and handed a copy of the Nuclear-Free law in a zip lock bag to the Captain of the submarine. Also my two fellow swimmers in Hilo Bay in July of 1984 to protest the visiting nuclear armed warship, USS Ouellet — the late former Naval officer, Hilo resident and businessman, Warren Wineman, and fellow farmer, the late Jim Snyder. May you all rest in peace. Thank you. An A big mahalo to the hundreds of Big Island residents who came out on the Hilo docks on July 18, 1984 to pule, and stand up for a Nuclear-Free Hawaii against military might being directed against us. Also Yugo Okubo, a WWII veteran who dropped out of UH as a freshman to enlist in the US Army following the Dec. 7 attack on Pearl Harbor. Yugo was sent behind German lines in a glider. Yugo said his claim to fame is that he went from hero to “Unamerican” in less than 5 years following the war when he was jailed as an unamerican – one of the Hawaii 39 for union organizing. Under McCarthyism. Yugo was a printer for the Union paper –the Honolulu record. Yugo was a 7 year resident of Malu ‘Aina before his death from heart failure. Your courage will never be forgotten.

My hope is that after passing Bill 206 the Council will take action as suggested by Isaac “Paka” Harp of Waimea to demand the US military and the US Dept Of Energy finally take action on Hawaii County Resolutions 639-08 and 701-08 passed 16 years ago calling for a halt to all military live fire training activities at Pohakuloa and other activities that creates dust until there is an assessment and clean-up of the depleted uranium present. 701-08 named Dr, Lorrin Pang as the official Hawaii County representative. It is crucial that this assessment and clean up be done by an independent body that has the confidence of the community, not the military fox doing an assessment of the military hen house.

The clean up at Pohakuloa should go far beyond the 133,000 acres of the base itself. Due to 80 years of bombing and shelling by a wide range of toxins beyond Depleted Uranium radiation, the assessment needs to include what military toxins are coming off the base, blowing in the wind, and also possibly contaminating our water. Dr, Lorrin Pang, MD and 24 years in the Army Medical Corps said Pohakuloa should be ringed 360 degrees for a full year with proper air filters to see what’s coming off the base. At a minimum Hawaii County should place air filters in Mauna Kea (now Gilbert Kahele) Park, do soil sampling and tree bark sampling in the park to test for DU oxide particles and lead at a minimum. It should be noted that DU has a half-life of 4.5 BILLION years.

Finally, I want to note a few other points of Military contamination in Hawaii beyond Hawaii Island that need to be urgently addressed. Pearl Harbor is a Superfund toxic site. DU weapons were fired at Scholfield Barracks and likely at Makua Valley and on Kaho’olawe. 2000 fifty-five gallon drums of highly contaminated tools, clothing, etc from nuclear refueling done at Pearl Harbor have been dumped off Oahu’s southern shores. Chemical and biological military weapons have been tested on several Hawaii Islands, including Sarin nerve gas in the Hilo Waiakea Forest area, Hilo’s watershed. Sarin gas kills at 1/50 of a drop.