Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 6, 1 June 2011 — 2011 LEGISLATIVE REVIEW [ARTICLE+ILLUSTRATION]

2011 LEGISLATIVE REVIEW

By Sterling Wong The 2011 Legislative Session, whieh ended May 5, saw the passage of a historic bill for Native Hawaiians. Lawmakers approved Senate Bill 1520, whieh would express the State of Hawai'i's formal recognition of Native Hawaiians as the indigenous people of Hawai'i and facilitate the reorganization of a Native Hawaiian government. The bill now awaits Gov. Neil Abercrombie's signature. Other important measures for Native Hawaiians that were sent to the Govemor include a bill establishing a public lands inventory and another that would allow for the sale of hand-pounded poi. In addition, the Legislature passed three bills from OHA's 2011 Legislative Package: a bill creating a criminal justice task force, the OHA biennium budget and changes to how the state ean sell public lands. Govemor Abercrombie has until Iuly 12 to either sign or veto bills that were transmitted to him or else they automatically become law. While the regular session is over, legislators are still contemplating convening a special session during the summer to work on unhnished bills. Bills that did not pass during this session or the possible sunnner session will be reconsidered

by lawmakers when they reconvene in 2012. Here is a review of major bills that impacted Native Hawaiians during this year's session. STATE REC0GNITI0N State Recognition of Native Hawaiians SB 1,SB 1520, HB 1627 Status: SB 1 520 was transmitted to the Governor Aspects of eaeh of the state recognition bills introduced this session were combined in the hnal vehicle, SB 1520. In addition to fonnally recognizing Native Hawaiians as the only indigenous, aboriginal, maoli people of Hawai'i, SB 1520 establishes a commission to certify a roll of qualihed Native Hawaiians who may choose to participate in Native Hawaiian selfgovemance. Five commissioners, one from eaeh county and one at large, will be appointed by the Govemor from nominations made by qualihed Native Hawaiians and qualihed Native Hawaiian organizations. To be certihed as a qualihed Native Hawaiian, an individual must show: 1) they're descended from the aboriginal people of Hawai'i, 2) they maintain a cultural eonneehon to the Native Hawaiian community and wish to participate in the organization of a goveming entity, and 3) they are over 18 years old. The

commission will be funded by and administratively housed within OHA. ŪHA BUDGET 0HA's Biennium Budget (0HA Legislative Package) HB 400, SB 985 Status: HB 400 was transmitted to the Governor OHA originally requested $2.47 million in state general funds for eaeh year of its 2011-2013 biennium budget. The general funds would have been matched by $5.81 million in OHA trust funds eaeh year. Included in our request was funding for three budget provisos for social service, educational enrichment programs and legal services and representation. However, to help close the state's $1.3 billion dehcit over the next two years, state lawmakers cut OHA's operating budget by 4 percent, whieh amounted to about a $99,000 per year reduction. OHA did not oppose the budget reduction. PUBLIC LANDS Past-Due Revenues (0HA Legislative Package) SB 984, HB 399 Status: Both bills died Since 2008, OHA has pushed for legislation that would have required the state to pay $200 million minimally to OHA for unpaid Public Land Trust revenues since 1978. Under HB 399 and SB 984, the state would have made annual payments to OHA of at least $30 million beginning Iuly 1, 2015, until the debt and interest was paid. In lieu of cash payments, the state's executive branch would have been allowed to substitute, with OHA's approval, all or any part of the cash payments with land of equal value. While these bills died, OHA will continue to work with the Govemor to reach an agreement that ean be presented to the Legislature to resolve this long-standing issue. PublicLand Trust lnformation System SB2 Status: Enacted as Act 54

Despite severalpriorefforts, the state has never developed an accurate and comprehensive inventory of its public lands, whieh consist largely of fonner lands of the Hawaiian Kingdom. Act 54 directs the Department of Land and Natural Resources to coordinate with other state agencies, county agencies and OHA to develop a Public Land Tmst Infonnation System by Dec. 31, 2013. The act appropriates $360,000 from the Land Conservation Fund over the next two hscal years to support the initiative. Public School Land Trust SB 1385, HB 952 Status: Both bills died Initially, these bills would have transferred the lands managed by the state Department of Education to a proposed Public Schools Land Trust. A connnission would then be allowed to sell, exchange or lease underused public school lands to generate revenue to improve school facilities and infrastructure. OHA opposed early versions of these bills because they allowed for the sale of public school lands, a large portion of whieh are part of the Public Land Trust and are ceded. The authority to sell public school lands was eventually removed in later versions of the bill.

Sand lsland Sale Study SB 608, HB 1164 Status: HB 1 1 64 was transmitted to the Governor HB 1 164 authorizes the Department of Land and Natural Resources to consider selling or exchanging the state lands that comprise the Sand Island Industrial Park to the current leaseholders of the land. OHA opposed these bills because Sand Island is not only ceded lands but it also represents one of the primary sources of revenue for DLNR. Public Land Sale Amendments (0HA Legislative Package) HB 397, SB 982 Status: HB 397 was transmitted to the Governor In 2009, Act 176 amended the laws governing how state agencies sell, gift and exchange public lands. This act was an integral part of the settlement agreement that ended OHA's 15-year lawsuit that sought to prohibit the state from alienating ceded lands. Act 176 required that resolutions proposing the sale of public land sales be approved by two-thirds of both chambers of the Legislature. In the 2010 Legislative Session - the hrst since the new amendments were XI REVIEW ON PAGE 37

j EA % GOVERNANCE

AcT 54 establishes a Puhlie Land Trust lnformation System to provide a comprehensive inventory of the state's public lands, whieh consist largely of former lands of the Hawaiian Kingdom. - Photo: Courtesy ofHASA

REVIEW Continued from page 11

passed - the Legislature approved 19 of 22 resolutions proposing puhlie land sales. OHA opposed most of these resolutions because they did not include enough infonnation to deteimine whether the parcels being sold were ceded. HB 397 would help fix this problem by: • Requiring that resolutions contain infonnation on the ceded lands status of the state lands proposed for sale. • Requiring that a state agency intending to sell puhlie lands send to OHA at least three months prior to the start of the legislative session a draft of the resolution seeking authorization of the sale. Public Land Sales HCR 240, SCR 128 Status: Both resolutions died With these resolutions, the Hawai'i Community Development Authority sought legislative approval for the sale of a property in Kaka'ako. The sale would have enabled HCDA to purchase three other parcels for affordable housing. Had these resolutions received a hearing, OHA would have testified in opposition because HCDA did not comply with the Act 176 requirements that state agencies must follow to sell puhlie lands. CULTURE Cultural lmpactAssessments (OHA Legislative Package) HB 402, SB 987 Status: Both bills died A law passed in 2000 required all enviromnental assessments and enviromnental impact statements to assess a proposed project's impacts on cultural practices. Unfortunately, the statute did not specify the minimmn infonnation that must be included in such an assessment. As a result, enviromnental studies often provide inadequate infonnation on a project's

potential cultural impacts. HB 402 and SB 987 would have set minimmn requirements for Cultural hnpact Assessments (CIAs) and would have authorized OH A to appro ve the cultural assessments. While both bills died, the Office of Enviromnental Quahty Control has agreed to work with OHA to adopt minimmn requirements for CIAs into administrative rules. Hand-pounded Kalo SB 101 Status: Transmitted to the Governor In 2009, the Deparhnent of Heahh threatened to cite an individual for selhng pa'i 'ai - hand-pounded kalo undiluted with water - because of sanitation concerns relating to the traditional preparation of pa'i 'ai. As a result, the Native Hawahan community ralhed around SB 101, whieh would exempt, under certain conditions, individuals from having to make pa'i 'ai in a certified kitchen and from having to obtain DOH pemhts. The hill dhects DOH to adopt rules to protect puhlie health and safety. OHA supported this hill because it would continue a haditional Hawahan practice and create eeonomie opportunities for Native Hawahans. NATIVE RIGHTS Board, Commission and Council Training (0HA Legislative Package bills) HB 396, SB 981 Status: Both bills died These bills would have requhed members of certain boards, comnhssions and councils to take a haining course on theh responsibihties to protect Native Hawahan rights and puhlie trust resources, such as water and land. The purpose of the comse is to help pohcymakers make better infonned decisions. Although both bhls died, many lawmakers expressed support for the intent of the hill. OHA will still create and adnhnister the training comse and offer it on a voluntary basis. HUMAN SERVICES CriminalJustice TaskForce

(0HA Legislative Package) HB 401, SB 986 Status: SB 986 was transmitted to the Governor These bihs build off the momenhim of OHA's September 2010 criminal justice study whieh found, among other things, that whhe Native Hawahans are arrested at a comparable rate to other populations, they are more hkely to be incarcerated, have longer sentences and have theh parole revoked. Although a nmnber of groups are exanhning ways to address recidivism, OHA proposed - through these bills - a task force that would instead focus on early intervention to reach individuals before they are incarcerated. The task force would be comprised of key eiiminal justice pohcymakers and stakeholders. EDUCATIŪN Native Hawaiian Tuition Waivers (0HA Legislative Package) HB 395, SB 980 Status: Both bills died Whhe Native Hawahans represent about 25 percent of the state popuMon,

they only account for 14 percent of the total University of Hawai'i systemwide student popuMon. Moreover, Native Hawahans have the lowest college graduation rates of all ethnic groups in Hawai'i. To hnprove these statistics, OHA onee again introduced legislation that would have required the University of Hawai'i to provide tuition waivers for all Native Hawahan students enrolled in all 10 UH campuses. Whhe these bhls both died, OHA will continue to push for Native Hawaiian tuition waivers. Charter School Funding HB 159, SB 1174 Status: SB 1 1 74 was transmitted to the Governor OHA supported these bills because they address a long-standing problem for charter schools: the laek of state funding for charter school facilities. Early versions of these bills would have established a funding fonnula that the DOE would use to allocate funds to charter schools for facilities. However, under the latest version of SB 1 174, the Charter School Administrative

Office would have to prepare a budget request for "needs-based" facilities funding that would include an explanation of the formula used and a funding breakdown by school. The bill would also establish a task force to address issues on charter school governance, accountability and authority. ENERGY lnterisland Energy Cable Regulation HB 1176, SB 367 Status: Both bills died These bills attemptedto establish a regulatory structure for the installation and implementation of the type of undersea power cables currently proposed that would connect O'ahu to Lāna'i and Moloka'i. OHA opposed these bills because the establishment of such a regulatory scheme would be premature when the environmental impact studies of these projects are still in the preliminary stages. ■ Sterling Wong is Senior Public Policy Advocate at OHA.

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ln March, supporTers of legalizing the sale of hand-pounded poi rallied at the State Capitol. OHA supported the bill, whieh has been sent to Gov. Neil Abercrombie for approval,- Photo: LisaAsato