Senate Standing Committee on Water, Land, Culture and the Arts

Good afternoon. We're convening the committee on water, land, culture, and arts on our 01:01pm agenda here in State Capital Conference Room 224. We do have a number of measures up today, so we're gonna ask folks to make sure your written testimony is submitted. And to make sure we have time to get to everybody, we're gonna limit everyone's time at the mic to one minute so we can make sure everyone has an opportunity to testify.

So that being said, up first is SB 2130 relating to hunting, which requires DLNR to amend its admin rules to increase the percentage of acreage on public lands designated as public hunting areas.

Testifying first on SB 2130 is DLNR. Good afternoon.

Oh, two one three zero.

Oh, we can hunt in the ocean too. Good afternoon, chair, vice chair, members of the committee. DLNR DLNR offers its testimony and stands and stands on it with comments. Any comments? Thank you.

Nick Ford, yes. Nick. Nick.

Up next, on signed up to testify is Hawaii Cattlemen's Council on Zoom.

Yeah. Okay.

Thank you, chair, vice chair, members of the committee. Hawaii Cattlemen's Council will stand on our written testimony, offering comments with concern as, written in our testimony. Mahalo.

Thank you. Signed up next is Tayson Wong Chong, also on Zoom. Oh, excuse me. I'm sorry. Richard First on Zoom.

Good afternoon.

Hi. Good afternoon. Richard Fuerst from the Island Of Oahu. I am, currently the gain management advisory commission, commissioner for the Island Of Oahu. I stand on my written testimony with the addition of just like to encourage the committee to include adequate funding for DLNR to not only study the areas that might be suitable to increase the land for hunting, but also to maintain those areas.

Thank you very much.

Thank you. Now, Tae Sin Wong Chong.

Not available on Zoom,

chair. K.

That's everyone who had signed up to testify on SB 2130. Is there anyone else wishing to testify in this measure? Seeing none, are there any questions? Alright. Seeing none.

Thank you, everybody. Let's move on to the next measure, SB 2128 relating to trespass which provides that firearms or motor vehicles possessed and used by someone who hunts on private land without permission of the owner shall be forfeited to the state. And testifying first on two one two eight is the Hawaii Cattlemen's Council on Zoom.

Thank you. Nicole Galassi on behalf of the Hawaii Cattlemen's Council. We'll stand on our written testimony in support of this measure. Thank you.

Thank you. We also have testimony, from Jay Franzone signed up.

Thanks, Andre. On it's

in the form of our testimony. Cool. Thank you. That's everyone who had signed up to testify in this measure. Is there anyone else wishing to testify?

If not, everybody's partying outside, it sounds like. Any questions on this measure? Seeing none. Thank you everyone. Let's move on to SB 3053 relating to natural resources which appropriates funds to the division of aquatic resources of DLNR for Mangrove removal, shoreline stream maintenance in the Westlock and Middleock shorelines and watersheds.

Testifying first on 3053 is DLNR.

Aloha, Chair, Vice Chair, members of the committee. Brian Nielsen, administrator for our Division of Aquatic Resources. We stand on our written testimony in support of the bill. I'm happy to answer any questions. I also have our biologist, Anthony Olegario, who has been our lead in mangrove removal in West Loch with our partners, and DOFA here as well if there's any other questions. Mahalo.

Thank you. Signed up on Zoom is Ron Tubbs.

Not available on Zoom, Chair.

Okay. That's everyone who had signed up to testify on SB 3053. Is there anyone else wishing to come forward? Seeing none, are there any questions? Oh. Okay.

a habitat conservation plan and associated incidental tape license, makes other conforming amendments. First up to testify on 2,005 is DLNR. Good afternoon. I don't know if there's, like, a buffet outside if some of you guys wanna, like

I think we're in the wrong room.

Good afternoon, chair, vice chair, members of the committee. Catherine Stanaway, DLNR, division of Forestry and Wildlife. We support this bill. I wanna say there's another bill that's moving through the house HB 182 with house draft one. And, this bill, h SB 2005 and HB 182, house draft one, they grant the same authority to the land board to approve operation of conservation banks under a conservation banking instrument.

I think the main difference is the safeguards are in statute in 1802 versus what we would be putting the same safeguards into administrative rules in SB 2005. Available for questions. Thank you.

Thank you. Sign up next is Earthjustice on Zoom. Good afternoon.

Good afternoon, chair, vice chair, members of the committee. David Henkin on behalf of Earthjustice. This this issue should be very familiar to Senator Inouye. Back in 2024, there was a bill very similar to thiS Bill that we opposed, and we do oppose SB 2005 because as miss Stanaway mentioned, it does not have in statute the safeguards that we need to protect our imperiled species. Fortunately, we promised Senator Inouye back in 2024 that we would work with DLNR on a bill.

We did. That is House bill 182, House draft one. So as miss Standaway indicated, that would ensure that the statute has the necessary protections so the legislature can ensure the protection of our species. We would support that amendment to incorporate the language from HB 182, hash draft one. I'm ready to answer any questions.

Thank you. Signed up next also on Zoom is HTFA, wrong tubs.

Not available on Zoom chair.

Signed up next is Towery Power LLC.

Also not available.

Okay. That's everyone who had signed up on 2005. Oh, please come forward.

Angela Melody on testifying on behalf of CARES. So the legislation allows for conservation banks as a primary method for fulfilling the compensatory compensatory mitigation requirements, and it reduces permit processing times and provides more predictable costs for developers. And so this process ensures mitigation success by using pre established sites managed for restoration and protection. And so entities, for example, that have to provide the habitat conservation plan, goes through this process, and, this legislation helps to modernize it.

And for the incidental take permit or license is a legal authorization issued under the Endangered Species Act.

And so applicants who do this habitat conservation plan, that plan on taking an endangered species. It helps to mitigate the private land owners and the developers as they build in this process. So this is a good legislation

Thank you.

To modernize the environmental effects. Thank you.

Okay. Anybody else on 2005? Seeing none, are there any questions? All right. Seeing none, thank you.

Let's move on to the next measure, SB 3,201, relating to coral reef resilience, which requires DAR to administer aquatic life resources, priorities to protect, restore, and maintain ecosystem integrity, and do a bunch of other stuff. Testifying first on three two zero one is the Department of Land and Natural Resources. Good afternoon again.

Aloha. Brian Nielsen on behalf of Department of Land and Natural Resources. We appreciate the intent of this bill, but do offer some comments. We absolutely aspire to some of the goals and and stuff, Senator Lee says, in the bill. But given that there's other pressures outside of our authority and jurisdiction that affect coral cover and herbivore biomass.

We're just a little concerned about that being put into law that were mandated to to maintain those thresholds. This week, the the Trump administration's rolling back c o two emission standards. You know, things like that can affect our coral cover, and we just would rather have a little bit more room in the in the law to manage to the best of our ability to achieve these these goals. So appreciate it.

Thank you.

Up next on three two zero one, online is Ron Tubbs.

Not available on Zoom chair.

Okay. Also online, Inga Gibson.

Aloha chair, vice chair, Inga Gibson with Fort the Fishes. Strong support. Thank you so much, Chair Lee, for introducing this measure. We absolutely believe, as is stated in the first priority of this bill, that DAR has the ability and authority to prioritize, natural resources, protection of resources. Unfortunately, that has not been the case.

Oftentimes, we see out of state commercial interests, outweighing those of our very own and our reefs are suffering. Thus far, management appears to be managing to near extinction. Just a few examples quickly, Pakuikui, Achilles Tang, and West Hawaii Aquarium Trade brought that population down 80% according to NOAA. And for Yellow Tang on Oahu, we have not seen, it's about 10% is their historical abundance level. So this legislation is absolutely needed.

We need DLNR to exercise the hierarchy of priorities mandate that has long been within their duty that unfortunately has not been followed. We did propose one amendment for your consideration that would also, add ina mamona abundance, not just bioman.

Time is up if you could summarize.

Okay. Yeah, just just the one amendment, chair, because it's not just about weight as in biomass and the size of the fish. It's also about the numbers. Thank you so

much, Pierre. Aloha.

Up next is the Nature Conservancy.

Afternoon, chair, vice chair. Katie Miranda representing the Nature Conservancy. We'll stand primarily on our written testimony, but, wanna stress that we support the intent of the bill to, require the management for ecosystem integrity, but share the same concerns as Dhar, that there are a lot of other mitigating stressors that are outside the, division's purview and would encourage legislative language that provides a little bit additional flexibility for them to to meet those management goals.

Thank you. Back to Zoom. Kim Cook.

Not available on Zoom chair.

And lastly, signed up to testify, Randall Kosaki.

Hello, Mr. Chair, committee members. I'm Randy Kosaki. Recently retired from NOAA, where I was a research coordinator for Papa Namokuakea. I will stand on our written testimony.

I and several university colleagues have put our data in. No need to rehash that. But basically, it shows a precipitous decline in our coral reef resources. But I'd rather spend my last forty one seconds talking about is really it doesn't come across in our written testimony, but it's the sense of urgency that my colleagues and I share about coral reefs that we're out of time. We're overdue for a major coral bleaching event, and they're kinda like hurricanes.

You know, it's coming, and we haven't had a hurricane in thirty odd years, and you kinda don't worry about it day to day. Just as we're overdue for a big hurricane, we're overdue for a major coral bleaching event. And if we can't restore the herbivorous fishes to our reefs before then, the corals may never come back. If the algae takes over, the coral simply do not come back. And we've seen this time and time again in other places.

I don't want to see it happen to our reefs. I'm an avid fisher. I want to see our reef stay healthy. And so we support this bill. Oh, how did it?

Thank you.

Thank you. That's everyone who had signed up to testify on 3201. Is there anyone else wishing to testify? Good afternoon again.

afternoon. Angela Melody Young testifying on behalf of CARES. And so, the mandate outlined in this legislation is helpful because it transitions coral reef management from general conservation to legally binding science based performance metrics. And so it establishes clear success metrics by requiring at least 80% of natural bio mass and 25% of live coral cover. And so it moves beyond the big protection goals to specific measurable targets that hold DAR accountable.

Good

And so it prioritizes the ecosystem integrity, ensuring that management decisions favor the long term health of the environment and environmental quality over short term commercial or recreation interests. And I think this addresses Oahu's critical degradation in the reefs and the coral systems. And so yeah. And ensures that there's gonna be funding, and it mandates the science based management restoration efforts for this

Thank you.

Effort to improve the quality of life Thank you.

In

the oceans. Thank you.

Is there anyone else wishing to testify on this measure? Seeing none, other questions? Okay. Oh, go ahead.

Thank you, chair. This is question for Dar.

Yes. Aloha, Senator.

Yes. If you could just state your name.

Brian Nielsen, administrator, division of aquatic resources.

Thank you, Brian. So if we got rid of, I guess, the standard stated in this bill and then kept that the department just will adopt rules in the event that, like, potentially a coral bleaching is imminent. Would that be better? Or because I'm just trying to find, like, the middle ground between, what the previous speaker from Noah, mentioned.

Yeah. I think, you know, majority of this bill, we we support. There's a house version that's very similar HB 2599, and that would require DAR to develop a framework for ensuring coral resilience. It would require us to submit reports to the legislature annually. So, you know, those are absolutely things we'd be willing to commit to, and I think maybe a good compromise.

Okay. Thank you. Question.

Do we have any r and d projects going on right now with regards to building capacity for coral?

Absolutely. Yeah. We have coral restoration active coral restoration projects going on in Oahu, West Hawaii. We're in the process of working with a nonprofit in Kauai to get one started. We do sea urchin out planning to fight off invasive algae that's also a threat to coral.

So we've got a number of

So with the r and d on creating new coral, are we doing that?

Yes. We're working in partnership with universities in terms of fast growing corals, that that type

Did the university have some funding, though, to spearhead that project? Where is it now?

So they had a big DARPA project, and so they're gonna be developing this huge artificial reef. I think it's moved to Barber's Point. It wasn't Kaneohe. Now it's moved to Barber's Point. It's more to prevent shoreline erosion, but it's also to

The reason I bring this up because most many of us did go to Taipei. And, and we were visiting one of their projects, and they're already providing and creating coral reefs, corals, And they're actually doing it and putting it in the ocean for miles and miles. And I was just wondering where we are because we saw the process, and it seems like the the process of creating and making the corals were pretty much, extensive, but it kinda looked easy.

And what I'm saying is, are we doing this in Hawaii? And so, you know, and they're already putting it into the reefs and into the oceans.

So in comparison to that, maybe Noah could answer, where are we? Because it seems like every year we're coming here and we're talking about the coral reefs and, and having stability, and it seems like we're creating the same song. So I'm

Yeah. So we're absolutely involved in developing different coral restoration techniques, and it's a fairly new field, and it's growing rapidly. The other consideration is addressing those threats of why isn't the coral there already? So water quality and sedimentation, dealing with those. So when you put the corals out, they're actually gonna live.

So it's kind of a multi pronged approach.

The problem we had several years ago with Pearl Harbor and when we had the construction going on and the damages to the reef, has that been settled?

Yeah. Yeah. So that was Honolulu Harbor. There's a big coral damage event, but actually, that was immediately restored, and it and it looks great. The restoration took hold.

Did they do it on their own? Or did they

So, yeah, the operator

that got damaged? Forced by the state to

Yes.

Make sure that they They

spent about $2,000,000 on that. K.

Alright. Thank you. Thank you, sir.

K. Questions?

Thank you, sir. For Nature Conservancy, it's kinda along the lines of what Senator, you know, Inouye was mentioning regarding some of the projects ongoing across the state. I know you folks are involved in some coral restoration projects on on Hawaii Island, and if you can kind of talk through some of those projects and some of the challenges that could potentially occur if this not only if this yeah.

Well, some of the things that you guys are already experiencing as challenges, and then also if this were to be in place, like, how could that be an impediment to your work?

Yeah. Absolutely. So Candy Miranda with The Nature Conservancy. You're right. We we are, working with division of aquatic resources on coral restoration sites across the state.

Two primary ones are in Kealakekua Bay, as well as we've done some recent work in Kahupolehu, and that centers around primarily, looking at things like coral and planting and reattachments of damaged corals to to work on coral restoration after the storm damage event, etcetera. So as as Dara said, it's a a kind of multi pronged approach to make sure that these corals can best survive when they are out planted or or reattached.

And by reducing those treasures, whether it's coastal pollution, other things that that kind of make it harder for coral to regrow, it's you have to take a multi pronged approach to be able to do those restoration.

Real quick again for Dar. Thanks. Just in your testimony, you've cited some of the various benchmarks and such. Right now, what what what benchmarks are you shooting for as you sort of develop and implement various policies and programs and such?

Yeah. I mean, we we monitor a lot of the same indicators, biological and ecological indicators that are in the bill, like coral cover, herbivore, biomass, fish biomass, diversity, abundance, all of those type of things. How much algae is on the reef compared to how much coral. Also, community indicators about how active the community is. Is there a MacKay Watch program?

Is there community monitoring? So we try to kind of look at it from a bunch of different directions to see, like, how much active management is going into an area and then watching that change over time.

Bryce, what is the what is the the goal? What what is what is a healthy reef, and how do you define that? Yeah. I mean And not just healthy, but resilient to the things that, you know, we heard are typically coming every so often and probably more frequently.

Yeah. I don't I don't have a hard number since, you know, different areas are are different. They're exposed to wave action or, you know, there's Pollution. Pollution or sandy habitats, coral reef habitat. So we don't have a hard number, but, generally looking at how diverse the species are, comparing how much biomass of fish to from one place to another that can kind of give us an indication of how how healthy, that particular areas.

In terms of, like, measuring progress and everything else, how do you how do you do that? Because if if if, for example, there needs to be, I don't know, something more done because something's not doing well, how do you target that? Because, I mean, you could shoot for we're gonna totally shut down this area. We're gonna at least what's within DARS power. Right?

And and invest a lot of money into restoration work and all those things. But obviously, that's not practical or probably financially viable in most places. So you have to triage, but how do you how do you know what to shoot for?

Yeah. I think, you know, looking at a place over time and comparing a place to a similar place and seeing how things are in one place to another, also looking at water quality, how healthy is is the the ecosystem in terms of water quality or sedimentation, those those type of things. What kind of stressors are in that place? Is it highly developed? Is there contaminants?

I think looking at all those things, but I don't have, like, a hard number to put on it. It's more like comparing place to place or comparing over time or or what type of threats are present. Sure.

Let me bring up the gentleman from that was from Noah Yes. As well. Oh, maybe you could stick around a few.

Sorry. What was that?

Oh, no. We

need your expertise.

Yeah. Then we were just we were just asking how given all the various variety of of reef systems and and inputs into that good and bad, how do how does Dara know what to shoot for, and how do you then develop policy? Because you're trying to shoot for something that is gonna be, I think, to your point that you had raised, not only, like, sustainable, but also resilient to whatever the things are coming, reaching events and whatnot that you're talking about.

Oh, that's a good question. That's a hard question. Every beach has its own natural baseline. That's the problem that we'd be facing. The biggest community structuring force on Hawaiian coral reefs is just exposure to surf.

So you wouldn't expect a reef outside of Waimea Bay to look the same as one off Ala Moana Beach. So the giant winter surf that we get is probably one of the biggest drivers of coral cover or lack of coral cover. Yeah.

I I yeah. I guess the the the question though is given all the different variety of topography and everything else, what are those key benchmarks that we should be looking at in order to make sure that our reefs are not only here today, but will survive the next leaching event that you're

talking about. I think coral cover is definitely one of the primary ones because corals are unusual in that they're not just another reef occupant, they are the reef building organism. So no corals, no coral reefs, no sandy beaches. That's an important one. Fish biomass, because not too many people eat coral, but a lot of people eat fish.

So that's a good one to keep an eye on. But, again, the question is, what is the normal undisturbed environmental quality for a given beach? And are humans a part of that ecosystem or not? Some people would argue that humans are best excluded from nature. I kind of feel like our ancestors for several million years have eaten some nuts, some berries, and some animal flesh.

So I think omnivory is a good solution for our protein needs. But, yeah, this is a very thorny question. And I do commend DARPA for trying to have or the bill writer, I guess, for trying to have metrics of success. So we can look at it a few years down the road and say, did this work or not? My concern is that the metrics of success has written into this bill right now might be a little high.

That's my personal opinion. I

don't know.

Yeah. I can speak to that. I read that in the testimony. Sorry. This is Okay.

In drafting. For everyone, this is kinda funny. It's a good lesson. What the bill basically says is restore reefs to the x percent coral cover in that by 2027. By next July.

Right? Right. Right. What it's supposed to say is develop a plan to restore reefs by 2027, not actually achieve that. So just just Okay.

Clarify. You can do that. Maybe you

can finish rail by next year.

Another point is that because of the pollution that we have that's ongoing throughout our state and different islands, you know, such as Honouliuli area, and Hilo Bay. Now we had a release of, of the sewage treatment plant. Some damages were done, so it's going into the bay. So if we can target a particular area, concentrate on one that's pretty pure. And I'm not sure if there's we can call that pure in any of the areas on our island.

I don't know what, what Kaneohe Bay would probably I you guys gotta tell us where is the best area that's a little more cleaner that we could do a project or a pilot project and concentrate on that because you have the less pollution.

But then, you know, but if we're in a box and we're trying to get our policies set, but we're only looking at in general, but there's nothing going on with an r and d project that we can say, hey, this area, we got the cleanest point on each island, or designate a place that, you know, is pretty, I can say, clear and pure because I don't think we have anything that's pure and clear in the state unless you can designate

would be the closest

Probably. To, like, a pristine I would

think so.

Outside of that.

So if we can concentrate on something and put all our monies into that, then we can say, hey, we got something and start working from that. But having not done any research on the particular area is, and that's why we say we're coming back and talk about it, but just an idea.

Any further questions?

Because I know you're gonna see, probably need some backing with funding, but Absolutely. You know, but then come up with it so we can see, And you tell us we're on a target this particular area. This is the best area we have. We have all the tours in our basket with all the researchers and all the scientists there. And go ahead and do something.

Alright. Thank you, everybody.

Thank you.

Thank you.

Let's move on to SB 2937 relating to search and rescue, which establishes the search and rescue card program and special fund to reimburse the state and county agencies and volunteer organizations for search and rescue operations. And testifying first on 2937 is DLNR on Zoom Or in the room? Jackson Bauer from DLNR? Alright. We'll come back.

Oh,

Jackson Bauer is in the Zoom. It seems like he's having some technical difficulties. He cannot connect his camera. So

Okay. No. No worries. Will, did you wanna

Oh, no. Jackson is here. I didn't know if he had something at two, so that's why.

Oh, if we we finished something at two, that's fine. Again, we can come back or you're welcome to

I was just gonna say, Catherine Stanaway, DLNR division of Forestry and Wildlife. We stand on our written testimony.

Okay. Thank you.

Thank you.

Up next is the excuse me. Hawaii SAR Alliance online on Zoom. Good afternoon. Oh, did we lose you?

Can you hear me? Hello?

Yes.

Yeah.

Okay. Great.

Yeah. I'm on two lines here. Okay. So, yes, this is Rosemarie Johnson. I'm the director of the Hawaii SAR Alliance.

And I stand by our written testimony. I am available for any additional questions. And I would just like to add, I don't know if this is in the testimony or not, but the referenced states that are using such a, such a card also have a very robust system in place for search and rescue. That is something that our state is trying to accomplish.

There are a couple bills out there that are doing, that are also trying to accomplish that right now, implementing a state search and rescue coordinator, which would be the first step of any of this to create a solid foundation so that we can build on and then later go ahead and implement bills such as this.

Thank you. That's everyone who had signed up to testify on 2937. Is there anyone else wishing to testify? Seeing none, are there any questions? I guess we just have one for DLNR.

I don't know if Jackson's the expert here or

Apologies if Jackson's having technical difficulties.

No worries. That happens. I'm just curious how the how you guys see this working. I think I understand the intent, but so folks buy a or pay for a search and rescue card. What does that do?

Yeah. I apologize. I don't know.

So We'll have to get back to you.

Okay, okay.

You have a pass, obviously. Thank you very much.

I'm sorry.

Okay. Any further questions? Seeing none. Thank you. Let's move on to the next measure.

SB 3007 relating to culture and arts, which establishes the office of creative innovation within the state foundation on culture and the arts. Oh, I'm sorry. Okay. Let's go back. Good afternoon.

Hi. Sorry about that. I don't know what's going on. I guess I should have put a budget request for a new computer. Yeah.

Sorry. You had questions about the the bill?

Oh, just the reading DLNR's testimony. Just how the how this would the program would work. As I understand, the idea is people would pay for a search and rescue card. They go hiking, get lost, and then get rescued. And then what happens?

Is that Jackson on? Is that Jackson? Okay.

Yeah. So that Jackson? Yes. Correct. This is Jackson Bauer.

Thank you. Sorry about the technical difficulties. Yeah. So I guess that's one of the comments on the kind of questions we had for the the bill offers as well. We're not as familiar of what that card would do.

We have concerns that there might be a potential for a misuse of the card. You know, people maybe perhaps feeling entitled that if they purchased the card, then they're, you know, more free to do these high risk activities, because they paid for, you know, pay to play things. So those are gonna be some of our concerns. But, yeah, we, would love to have a dialogue with the bill's authors to understand that further ourselves.

Okay. Thank you very much. Alright. If there's no further questions, why don't we go back to SB 3007, relating to culture and arts. Testifying first is the state foundation on culture and the arts.

Oh, I'm sorry. They just had written testimony. Is there anyone in the room wishing to testify in this measure? Yes. Please come forward.

Good afternoon. Good afternoon.

Thank you, Chair Lee and Vice Chair Noe. My name is Sanford Carr on behalf of Sanford Carr Development. I wanna thank you for the opportunity to testify on Senate Bill 3007. We strongly support the intent of this measure and respectfully request an amendment to, address the relocation and preservation of existing public art.

To ensure the state's existing collection of public artwork is appropriately protected, we respectfully propose that, Senate bill 3,007 be amended to include a sub, section stating, when a state or county project involves the renovation, demolition, or relocation of a facility containing a state owned work of art, the state foundation on culture and the arts in consultation with the appropriate agency shall provide for the relocation, preservation, and other appropriate disposition of the artwork to ensure its continued accessibility and cultural integrity.

Amending the Senate bill 3,007 will include provisions for relocation and preservation of existing artwork. And this legislation will just, strengthen and uphold our responsibility to, take care of the cultural stewardship of violence. Thank you for your consideration.

Thank you. Thank you.

Is there anyone else wishing to testify on three zero zero seven? Alright. Seeing none, other questions? Alright. Seeing none, thank you.

Let's move on to the next measure. SB 3,022 relating to culture and arts, which establishes the Hawaii leadership awards program to honor individuals who have made considerable and outstanding contributions to the state and serve as inspirations to others. And testifying first is the Department of Accounting and General Services. Good afternoon.

Good afternoon.

Good afternoon, chair, vice chair, Senator of the committee. Thank you much for this opportunity to testify on behalf of Comptroller Keith Regan of the Department of Accounting and General Services. We stand in support of our written testimony. And in my capacity of State Archivist—I'm Dr. Adam Jansen.

As keepers of public memory, we applaud the author of this bill to not just award recognition for a year, but to create a lasting legacy through oral histories, interviews, gathering of their works on why were they so worthy, what impact did they have, so we can create an archive that is a lasting testimonial and be stood up as examples of exceptional work on behalf of the people of Hawaii.

So, thank you very much for this opportunity, and we look forward to participating in this very innovative program.

Thank you. Signed up to testify next on Oh, that's it. We have other written testimony, but

is there anyone else in the room wishing to testify in this measure? Seeing none, are there any questions? No. Seeing none, thank you. Let's move on to SB 2256 relating to brother Joseph Dutton Day, which designates April 27 as brother Joseph Dutton Day.

And testifying first on 2256, is DAGS. Once again.

Once again, chair, vice chair, member of the committee, thank you very much for this opportunity. On behalf of the Department of Accounting and General Services, we stand in support of this most deserved recognition. I am doctor Adam Jansen. I am still your state archivist.

And, also, we are the keepers of the Brother Dutton archives. We have hundreds of pages of his written records, his photographs that illustrate just how deeply he cared thirty five years at the Baldwin home for these patients of Kalaupapa. That is a story that is worth telling. Everyone knows of father Damien. Brother Dutton served longer and succeeded him and continued that tradition.

He should be recognized. He should be honored. His writings, his photographs, it's an opportunity for us to share it with all of the people to tell that story about how one man sacrificed to bring humanity back to these patients. So I thank you for consideration of this bill, and I'm happy to answer any questions you may have.

Thank you. Okay. Testifying next on 2256 is the Joseph Dutton Guild. Good afternoon.

Good afternoon.

Good afternoon.

Thank you for the opportunity to testify. You have our written testimony. We, of course, strongly support the bill.

And your name?

This life of forty four years of service to the patients at Kalapapa merits recognition. We would ask that the committee pass the bill with the effective date as it currently exists, which is upon approval so that we can avoid the perils of the conference committee system. I would also like to point out you have written testimony from two patients at Kalapapa. One of them is 91 and the other one is a 102. So they don't navigate the Zoom process very well.

But they point out that the recognition of brother Dutton would also merit or consist of recognition of the patient population that he served for over the years. Thank you.

I have a question

Thank you

Can I ask can I ask you a question since you're here?

Sure.

Sure. Sure.

Just one question. Since he passed away here on Oahu, in 1931, and it doesn't say anything about is he buried there at Kalapapa?

He was returned to Kalapapa.

He was oh, so he is there at the center. K. Thank you, sir. Thank you, chair. K.

Testifying next is Brenda Duarte. Good afternoon.

Good afternoon.

Good afternoon.

I've submitted my written testimony, and I just stand on my written testimony.

As Pat just mentioned, he had some documentation from the current residents in support of this bill. I have quite a few ancestors from Kalapapa, and they're not here to represent themselves. So I just kinda decided I'd step forward just a little bit, and I stand on the shoulders of my ancestors.

Thank you

in support of this bill.

Thank you. That's everyone who signed up to testify. Is there anyone else wishing to testify on this measure? Seeing none. Any other questions? Seeing none. Thank you.

Let's go on to the next measure, SB 3250, relating to Liberty and Justice Day, which designates March 5th of every year as Liberty and Justice Day. Testifying—oh, we have, all written testimony. Is there anyone here wishing to testify in this measure this afternoon? Alright. Seeing none.

Let's move on to SB—oh, sorry. IT, is there anyone online on this one?

Not on Zoom, chair.

Okay. Perfect. Let's move on to SB 3288, relating to the Country Club apartment building in Hilo, Hawaii, which appropriates funds to DLNR to demolish and remove that building and related structures. Testifying first on 3288 is DLNR.

Good afternoon, chair and vice chair. Acting Labs Administrator, Lauren Misaka. We stand in the strong support of the bill. Just one minor request, if we could extend to the fiscal year '27-'28 to allow us to extend the money to its full use. Thank you.

Thank you.

Thank you.

Up next is HCDA.

Afternoon chair, vice chair of the committee. Craig Nakamoto, Executive Director of Hawaii Community Development Authority. We're in support of this measure to provide funds for the demolition of country club apartments in Eagle Banyan Drive. Thank you.

Thank you. That's everyone who had signed up to testify. Is there anyone else wishing to testify in this measure this afternoon? Seeing none. Are there any questions? Seeing none. All right.

Thank you. Let's move on to SB 3146 relating to the Department of Land and Natural Resources, which authorizes the board, to adopt, amend, or repeal admin fee schedules for use of certain lands pursuant to a specified procedure and exempt parking lot and concessions operations on such lands from the bidding requirements for concessions. Testifying first on 3146 is DLNR. Good afternoon.

Good afternoon, chair, vice chair, members of the committee. Manu Tupper with the office of the chairperson at DLNR. We stand in strong support, and we stand on our written comments for this bill. Happy to answer any questions. And I guess I just wanted to also emphasize that the intent of this bill is to support and strengthen the community partnerships that the department has with nonprofit community based organizations.

Thank you.

Thank you. That's everyone who signed up to testify in 03/01/1946. Is there anyone else wishing to testify? Please go forward. Good afternoon.

Good afternoon. Chair Lee and vice chair in White. My name is Kate Thompson. Aye, am actually here to testify about the privatization of the harbor, but, I'm alerted to this bill that I haven't seen before. I just wanted to let you know the outcomes of allowing DLNR to make their own parking concessions and towing and, contracts.

And it's been absolutely devastating at the Ala Wai Boat Harbor, with over 2,500 cars towed every year, and only less than 25 parking tickets given by DOCARE. So I think that they should stick with, what our forefathers set up for us, which is to go through normal, normal bidding through Chapter one, Chapter one hundred and three and one hundred and two. And it's really important to keep these, straight.

And also at the at the HP level, there is a bill to try to, systematically just, make these things more in line because DAGS has zero towing and collects money from parking tickets.

Thank you.

Thank you. Is there anyone else wishing to testify? Seeing none, are there any questions? Seeing none. Alright.

Thank you everybody. That is the last measure on the agenda, on the 01:01pm agenda.

Okay.

Before we recess out, I'll just say, so we have to vote on the measures on this agenda. We also have a deferred agenda we're gonna be voting on, which a bunch of measures we previously heard. So we're gonna take this agenda we just did first. Okay. We'll go through that and then we'll go back into the agenda from earlier.

But we're gonna take a quick break. So for our committee members, success.

But we're gonna take a quick break. So for our committee members, success.

Alright. We're reconvening the committee on water, land, culture, and the arts on our 01:01pm agenda for decision making here in State Capital Conference Room 224 on a number of bills we just heard. Up first is Senate bill 2130 relating to hunting.

Like to recommend moving us forward with amendments. Just noting the, cattleman's comments. We'd like to, remove the percentage of land to expand, hunting and instead task department with ID in the most ideal places for expanding hunting without additional conflicts and and competing uses. So we'll move that forward so they can have a look at where that makes sense, but add on its effective date so we can come back to this later.

Discussion? If not, vice chair. Chair's recommendation on the committee on Water, Land, Culture, and the Arts on Senate Bill 2130 is to pass with amendments. Chair Lee? Aye. Vice chair goes aye. Senator Chang is excused. Senator Lamosao? Aye. Senator DeCorte?

Aye. Measure is adopted, mister chair.

Thank You. Moving on to SB 2128, willing to trespass.

I'd like to move this forward with amendments. I think noting, some of the testimony. We'd like to, support our ag folks, to make sure that, you don't have hunters illegally entering their properties and shooting their animals.

But we'd like to provide some discretion, to judges to reduce what would be an automatic forfeiture under 712A to a fine of no less than $750 for a first offense and adding in a defective date because this would go to the Judiciary Committee and they can sort out what the appropriate next steps for that are. Any discussion on that?

Okay. Chair's recommendation on SB 2128 is to pass with amendments. With four members present, any voting with reservations? Any no votes? Measure is adopted, mister chair.

Thank you. Moving on to SB 3053 relating to natural resources. I'd like to move this forward, making some amendments. So we're going to amend the measure to say there's appropriate out of the general revenues, dollars 230,000 for FY twenty six-twenty seven for the development and implementation of a pilot comprehensive watershed based water quality monitoring program for the Waikele Watershed, including Waikele Stream and the Kapakahi Stream Watershed, which are considered impaired water bodies.

That will include the development and implementation of the pilot comprehensive water monitoring program for these impaired water bodies, including monthly stream monitoring and assessment of the Waikele Stream and Kapakahi Stream monitoring of associated watershed conditions, identification of potential source pollutants, and a compilation of findings and recommendations to improve water quality.

And the program will include monthly stream monitoring assessments, monitoring of watershed conditions contributing to stream health, identification of potential sources of pollutants, compilation of findings, and recommendations to improve water quality. And we'll blank out the appropriation, noting it in the committee report for the ways and means committee and add in a defective date. All right. Okay. Okay.

There's no questions or comments?

Chair's recommendation on SB 3053 to pass with amendments. With four members present, any voting with reservations, any no votes? Measure is adopted, Mr. Chair.

Thank you. Moving on to SB 2005 relating to conservation banking and to authorizes conservation banks for compensatory mitigation. We'd like to move this forward, but with amendments, I think to the, some of the testimony. We'd like to have this reflect the House bill that was mentioned that is slightly different language. So we'll adopt those recommendations from

In 1802 HB.

Yes. As was suggested by Earthjustice, I believe. HB 1802, if I'm not mistaken.

Yes.

And add in defective date as it goes on to the ways and means committee for further discussion.

Okay. Chair's recommendation on SB 2005 is to pass with amendments. With four members present, any voting with reservations? Any no votes? Measure is adopted, Mr. Chair

Chair.

Thank you. Moving on to SB 3201 relating to coral reef resilience. I'd like to move this forward with amendments, noting some of the, great discussion we had. Thanks, everybody, for your patience on that. We'd like to fix the, error in the bill in Section five, which referred to dates for DAR to develop actionable plans.

So rather than having to fix everything by next year or the year after, they gotta come up with the plans by next year, the year after to to fix things in the long run. Also, I wanna blank out the goal percentages for biomass and other things. We'll amend the preamble to kind of reflect those fixes and defect the date and see if we can get further discussion going. So any discussion?

If not, vice chair. Chair's recommendation on SB 3201 to pass with amendments with four members present. Any voting with reservations? Any no votes? Measure is adopted, Mr.

Chair.

Thank you. Moving on SB 2937 relating to search and rescue, which establishes the search and rescue part of the program. I'd like to just, get some clarity, I think, and we'll chat with some of the stakeholders. We'd like to defer this for decision making till February 18 at 1:02 PM here in this room. Moving on to SB 3007 relating to culture and arts, which establishes the office of creative innovation.

We'd like to similarly take a minute to chat with some of the stakeholders and take into account some of the testimonies. We wanna defer this for decision making also to 02/18 at 1:02 PM here in Conference Room 224. Moving on to Senate Bill 3022, also relating to culture and the arts, which establishes the Hawaii Leadership Awards Program.

I'd like to move this forward, with amendments clarifying that an individual can receive only one award per year, not multiple awards per year, despite how awesome they might be. Secondly, we'd like to address some of the issues raised by the or recommendations raised by the commission of status of women.

So we'd like to amend the measure to add to page four line one. Awardee shall be selected by a Hawaii leadership award selection committee who shall ensure visibility and fair and equitable consideration for all nominees in its evaluation and selection process. And then, also, for the Hawaii Symphony, testimony, we'd like to reorder the awards. So it'd be arts, business and labor, entertainment, food and drink, literature, music, sports, science, community engagement, public service, friend of Hawaii, and profiles or profile and courage.

And this goes on to ways and means.

think that's it. Any discussion? If not, vice chair.

Okay. Chair's recommendation on SB 3022 to pass with amendments with four members present. Any with reservations? Any no votes? Measure is adopted, Mr.

Thank you. Moving on to Senate Bill 2256, relating to brother Joseph Dutton Day. We'd like to recommend moving us forward. Thank you to the folks who came all the way over here from all over the place. So recommendation to pass as is.

Chair.

Okay. Chair's recommendation on SB 2256 to pass unamended with four members present. Any voting with reservations? Any no votes? Measure is adopted, Mr.

Chair. One excuse.

Next measure, SB 3250 relating to Liberty and Justice Day. Similarly, we'd like to move this forward, but it's time with amendments. Making tech amendments and just noting that, we'll put in language so that flags can be, or should be flown at half staff to recognize, lives lost. Okay. Any questions, comments? If not, questions?

Chair's recommendation on SB 3250 to pass with amendments, With four members present, any voting with reservations? Any no votes? Measure is adopted, mister chair.

Thank you. Next is SB 3288 relating to the Country Club apartment building, Hilo, Hawaii. I'd like to move this forward as well with amendments, blanking out the appropriation and adding a defective date, as it goes to the ways and means committee. Okay.

Chair's recommendation on SB 3288 to pass with amendments, with four members present. Any voting with reservations? Any no holds? Measure is adopted, Mr. Chair.

Thank you. And lastly, for this agenda, SB 3,146 relating to the Department of Land and Natural Resources. I'd like to defer this for decision making till February 18 at 01:02PM here in Conference Room 224 so we can sort out a couple last details. So that is the end of our 01:01pm agenda. We're gonna take a quick break for just a moment here to run to the restroom, and we'll be right back for decision making.

Recess. Good afternoon. We're reconvening the committee on water, land, culture, and the arts for decision making on our 1PM agenda on measures previously deferred, which were previously heard in the committee. Up first is SB 2341 relating to historic preservation. It's authorized to ship you to conduct phased reviews.

We're gonna defer this measure only because the house bill is already moved through two committees and is heading on over to us. So we'll come back to that. Oh, praise. SB 2306 relating to administrative fees, makes permanent rather than repealing upon the adoption of admin rules, DLNR's authority to establish various fees for the bureau of conveyances. Like to move this forward to the ways and means committee with amendments, adding a two year sunset to the provision on page six line two regarding contracting.

We'll note in the committee report, it's the intent to ensure the ability to use funds for outside contract hire, as noted on page six line two, which is only temporary in nature for the purposes of closing the backlog that they currently experience. And we'll add in a defective date to that measure. Any discussion or any comments?

Okay. Chair's recommendation on this is the committee on water, land, and culture, and the arts on the deferred measures. On s- chair's recommendation on SB 2306 to pass with amendments. Chair Lee? Aye.

Vice chair goes aye. Senator Chang is excused. Senator LaMuscle? Aye. And Senator DeCourte?

Aye. Measure is adopted, mister chair.

Thank you. Moving on to SB 2782 relating to notaries public, which requires bureau of conveyances to avoid recorded instruments that are fraudulently notarized.

Like to move this forward with amendments, recognizing it's complicated, goes on to the JDC committee, but will, for the moment, adopt the attorney general recommendations to provide the parties to the contract in question, the opportunity to void the purportedly fraudulently notarized contract by requiring the bureau not to void the contract, but to notify the parties that the bureau received attestation from the notary public whose notarial act or seal was allegedly fraudulently used on the document.

Secondly, we'll amend five zero two b to allow for the suspension of the recording of any notarized documents affecting the title. And add a preamble explaining the significant public purpose of this measure.

And add in a defective date. In other words, try to clean up some of the legal issues here raised by the AG, and hopefully, the Judiciary Committee can continue the conversation to help protect against fraudulent, documents being filed to steal people's property.

K. Chair's recommendation on SB 2782 to pass with amendments. With four members present, any voting with reservations? Any no votes? Measure is adopted, mister chair.

Thank you. Up next is SB 2161 relating to land use, which authorizes rodeos and rodeo activities on lands that are zoned for ag use and defines what those are. We'd like to move this forward with amendments, noting that the department shall adopt rules to restrict the scale of the rodeo activities, based on some of the testimony.

Also note that lands should be returned to their natural condition upon ceasing of rodeo use, and then, add as a permitted use, on page four, plant and animal sanctuaries to be defined in Subsection H as places for the preservation, proliferation, research, and education relating to native, endangered, rescued, or other species, and ancillary functions necessary for the safe, humane, and effective operation of those, and related support and visitor facilities to include parking concessions, restrooms, administration, and other related facilities, provided the facilities remain subordinate to and supportive of the principal sanctuary use.

And then, adding in a defective date. So, hopefully, that cleans up two birds with one stone there. And this goes onto the House. Any questions? Any comments?

That's right. You don't have another committee. It's moving. It's already going.

[Roll Call]

Thank you. Moving on to SP 17 relating to wildfire mitigation, which establishes the mitigation working group. This was heard jointly with the Public Safety Committee. Just gotta verify that we're going to get the amendments, right? I think, or the the decision making right.

So I wanna talk to the our counterpart chair. So we'll go furthest till the eighteenth in this Room Conference Room 224 at the end of our one zero two PM agenda. Up next is SB 2358 relating to search and rescue, which is seeking reimbursement for a portion of search and rescue expenses for persons who require rescue. We'll defer this measure as the public safety committee has deferred it as well.

Up next is SB 2367, linked to state boating facilities, which is the state boating facility management lease program in Dobour.

We'd like to chat with some of the stakeholders and just iron out some of the, issues raised in testimonies. We'd like to defer this to, Wednesday the eighteenth, at our 01:02PM agenda, here in Conference Room 224. SB 2240 relating to land use, which requires a petitioner for a district boundary amendment to obtain certification from Seawarm.

I'd like to move this forward with amendments adopting the DLNR and OPSD amendments, changing shall certify to shall submit a written statement from the commission on water resources management regarding current water availability in the hydrologic units where the parcel is located, and add in a defective date. Any discussion there?

Chair's recommendation on SB 2240 to pass with amendments, with four members present. Any voting with reservations? Any no votes? Measure is adopted, Mr. Chair.

Thank you. Moving on to SB 2547 relating to the Coastal Zone Management Act, which amends the definition of development as it pertains to coastal zone management. An exempt state or county sponsored infrastructure and improvement projects that are consistent with the applicable county's community plans. Like to move this forward, but with amendments. Appreciate the testimony on this.

Like to narrow it, so I think the intent is clear. This is a Maui County bill. So we'd like to strike page two, line seven through page three, line four. And we'll address the OPSD comments by changing the exemption from the definition of development, which shall read state or county funded infrastructure and improvement projects that are exempted from an environmental assessment or determined as finding of no significant impact under Chapter three forty three.

And infrastructure shall include water lines and water facilities, wastewater lines and wastewater facilities, drainage facilities, electrical communications, road and pedestrian, bicycle multimodal facilities and improvements.

We'll apply the bill only to Lahaina reentry zones, as designated by the state or county as of 01/01/2026. And sunset, the bill 06/30/2029 and add in a defective date.

I think the intent here is to help with the Lahaina rebuilding and just avoid some of the associated costs there in a very narrow and targeted way and give them just enough time to see if they can move some of those projects without opening up, I think, the rest of the can of worms that some of the other testifiers had raised that might create legal jeopardy or other things for some of those projects. So with that, any questions or comments?

Chair's recommendation on SB 2547 passed with amendments with four members present. Any voting with reservations? Any no votes? Measure is adopted, Mr. Chair.

Thank you. We'll move on to SB 2401 relating to regional shoreline mitigation districts, which authorizes OPSD to approve the establishment of regional shoreline mitigation districts, facilitate coordination and other things. We'd like to, although we've been working with stakeholders, or stakeholders have been working with each other on this. We have some language we'd like to consider, but we're just working out some of the last technical details. So we're gonna defer this for decision making till, 02/18 on our January agenda here in Conference Room 224.

Hopefully, we get that sorted out. Up next is SB 3031, relating to the conveyance tax, which requires that all conveyance tax revenues collected from the transfer of real property located in the sea level rise exposure area are put into the Beach Restoration Special Fund. We'd like to move this forward with amendments. Based on the testimony, I think this is one of those tools that can help set some funding aside for dealing with beach preservation and restoration, and so forth.

So we'd like to pass with amendments addressing DLNR's testimony by amending the measure to deposit funds into a segregated subaccount of the beach restoration fund to distinguish funds for beach restoration from funds solely limited to property acquisition and limit those funds in the subaccount to be used for that purpose.

We'll rename the beach restoration special fund the beach restoration excuse me. The beach preservation and restoration special fund accordingly. We'll adopt DOTAX amendments to make this effective 01/01/2027. But note that in the committee report and leave a defective date in there for the moment. So all that said, are there any questions or comments?

Because this goes on to WAN.

Chair's recommendation on SB 3031 to pass with amendments with four members present. Any voting with reservations? Any no votes? Measure is adopted, mister chair.

Thank you. We're moving into a number of bills previously heard by—jointly with the Hawaiian Affairs Committee, beginning with SB 1406, relating to historic preservation reviews, which allows the UHHL to assume preservation reviews. That measure was deferred, so we will similarly defer this measure in this committee. SB 521 relating to access to water in Hawaiian homelands, which requires DHHL to work with the appropriate county board or Department of Water Supply to provide access to potable and ag water.

Similarly, this measure was previously deferred by the other committee, so we will defer it here. SB 3247 linked with Hawaiian affairs, which establishes the Royal Mausoleum Commission within the DLNR to develop and implement policy for the preservation operation and outreach of MaunaʻAla. We'd like to move this forward with amendments.

The chairs having conferred, and this is already being passed in the other committee, I'll I'll try and replicate exactly what they're doing by explaining that the change will be changing the Royal Mausoleum Commission to Royal Mausoleum Working Group.

The intent is to put together a working group established under DLNR for the time being that will develop the criteria for an oversight entity to ensure effective stewardship and long term management, amend the, intent of the working group to create a potential management policy independent of the department except for budget fiscal and personnel admin purposes.

The composition of the working group will be the same as, in this, measure as it exists now. The working group shall submit a report to the legislature every six months beginning in January with the final report sixty days prior to the 2028 session. And, lastly, be adopting amendments, in the testimony of Robert Quartrero. Excuse me. Quartrero in his testimony, attachment A, excluding numbers three and ten, which provide simply more guidance on outcomes for the working group.

So it's convening stakeholders into a working group to continue the discussion.

Okay. I

Me Yes. Chair? Vice Chair. Does did the measure include members of the, task force or the working group?

Yeah. They're all the same membership that was, in the existing bill working group commission.

Okay. Was the just just to remember what happened with the first measure, did it include the mem so it already had a working group in the first

measure. Right.

Right. There was structure as a commission, so this turns it into a, temporary working group to figure out if that structure was, the right one since there were multiple viewpoints from some of

Okay.

the stakeholders. I do have some reservations, with regards to Manaala and only because that there is already an outstanding, trust membership, that is, has been active with some of the, the, the descendants families. And so without knowing that if any of the members of the original trust commission or the committee that's presently assigned to work with, DLNR, are recognized in that task force. We're not sure. Alright.

If if we're not sure, I'll just vote with reservations. Sure.

Thank you. This goes into, Residence Committee. We can, find out Okay. Verify.

I'll be voting with the reservations. Sure.

And then just for clarification, we are matching the addendums from Hawaiian Affairs? Yes. Okay. Thank you.

Yes. Okay. Chair's recommendation on SB 3247 is to pass with amendments. Chair Lee. Aye.

Okay. Vice Chair goes with reservations. Senator Chang is excused. Senator LaMazau. Aye.

Okay. Senator, Dacourt.

Aye. Okay.

Measure is adopted, mister chair.

Thank you. Moving to SB 1654 relating to land transfers. This measure was deferred, so we'll defer it here. SB 1112 relating to the Hawaii Community Development Authority, which amends the membership of HCDA to include the chairperson of the Hawaiian Homes Commission. Move us forward adding in a defective date, noting some of the concerns that were raised by some of the testifiers in this measure.

Yeah. That's that's it for the moment. Any discussion? Seeing none, vice chair.

Okay. Chair's recommendation is to pass with amendments. [Roll Call] Got two nays and two ayes.

Oh, measure fails.

K. Measure fails. Thank you.

Alright. Got some excitement. Okay. Up next is SB 1301 relating to historic preservation, which which establishes conditions under which, archaeological inventory surveys and reconnaissance surveys are required and, makes some other amendments. Similarly, this was moved out with a defective date, so we'll match the defective date from the Hawaiian Affairs Committee as this goes on to judiciary.

Chair's recommendation to pass as I'm sorry. Chair's recommendation on SB 1301 is to pass with amendments. With four members present, any voting with reservations? Any no votes measure is adopted, Mr Chair.

Thank you. Note the last two measures in the agenda, SB 2443 and SB 2996 were also deferred by the Wine Affairs Committee, so we'll defer them here as well. Which takes us to the end of our 1PM agenda. I wanna say thank you to our colleagues and to the audience for your patience.