Senate Standing Committee on Agriculture and Environment

Calling the triple committee hearing on Health and Human Services, Water, Land, Culture, and the Arts Committee, and Hawaiian Affairs, 1 o'clock calendar. Present with me are my co-chairs, Senator Lee for Water, Land, Culture, and the Arts, Senator Richards for Hawaiian Affairs. We also have members of various committees here. We have Senator Lamosao, Senator Inouye, Senator McKelvey, Senator Rhoads, Senator Dick Clark. This meeting is being streamed live to YouTube.

In the unlikely event that we must abruptly end this hearing due to technical difficulties, the committee will reconvene to discuss any outstanding business at 1 PM, Friday, February 13 in Room 225. A public notice will be posted on the legislative website. To facilitate this hearing in a timely manner, we will be enforcing a one minute limit on testimony. I will be reading a list of individuals who submitted written testimony for each measure. We apologize that the closed captioning does not accurately transcribe the names.

If you're interested in reviewing the written testimony, please go to the legislator's website. You'll find a link on the status page for the measure. We appreciate your understanding. I remind you that the committee does have your testimony. We have reviewed them, so I encourage you to use your one minute time wisely to either add additional comments or you can stand on your written testimony.

First up, or is, SB. The only bill we have for this triple committee calendar is SB 2799, relating to Kalaupapa settlement. First up, we have the Department of Hawaiian Home Lands in support. Thank you very much.

Next, we have Department of Health providing comments.

Hi. Diana Felton, Department of Health. We stand on our written testimony with comments, feeling that this added reporting requirement is unnecessary at this time.

Thank you very much. Next, we have Ka Ohana O Kalaupapa providing comments. Valerie Monson, Johnnie-Mae Perry in support. M. Leilani DeMello in support.

Keomailani Hanapi Hirata in support. Sybil Lopez, Sovereign Counsel of the Hawaiian Homestead Association, Molokai Mokopuni in support. Sybil, please proceed.

Aloha. My name is Sybil Lopez as the County of Maui, Planning Department of a Molokai planner. I'm testifying on my own time and that I have taken appropriate leave in order to testify. I respectfully urge the committee to pass SB 279 with an amendment that clearly requires consultation with an inclusion of the Hawaiian Homes Commission, HHCA beneficiaries, and the Molokai Homestead Association's leadership in the transition planning and reporting process. I stand on my written testimony.

Mahalo for the opportunity to provide our testimony. Mahalo.

Thank you very much, Sybil. Next, we have Angela Young for CARES in support. Angela, are you present on Zoom?

Not present on Zoom, chair.

Next, we have Lu Ann Mahiki Lankford Faborito in support. Lu Ann Mahiki, is that you on Zoom?

Yes, ma'am. Good morning, senators. Ho'olehua Homesteaders Association stands in support of this and is asking for complete inclusion on any consultation when it comes to Kalaua County and for the residents there. Mahalo for allowing me this moment to testify. Aloha.

Thank you very much. And I also note that we have Senator Kanuha also present. Next, we have DeGraty Vanderbilt in support. Mataya Sunu Asano in support.

Anybody else wishing to testify on SB 2799? Come on up.

Just

You need to identify yourself. You know how this works? Been doing this for a long time.

Aloha, [Speaking Hawaiian] And we stand in strong support, in all the bills that are here before, these committees with the Department of Hawaiian Home Lands that we believe that is strong for us.

I apologize for not submitting my testimonies on this. I've been busy, but I'm here to support. Aloha.

Thank you very much. And I see on Zoom, DeGraty. Please proceed.

Yes. Aloha, chair. I just wanted to

You need to identify yourself again, DeGray.

Okay. My name is DeGray Vanderbilt. I'm testifying as an individual, but I'm a founding member and board member of Ka ʻOhana O Kalaupapa, which was formed by the patient residents of Kalaupapa, and I'm a former chairman of the Molokai Planning Commission. And I just wanted to know that I support all the measures in the bill. And I just wanted to add an amendment because over these past several years.

They have been a transition. Committee going on and it hadn't included. OHA which they said they were going to include and it hadn't included anybody from the community and call. So, we have proposed a couple of amendments, which really, basically.

Okay. Thank you very much degree. We have your test written testimony. Anybody else wishing to testify on SB 2799? Members, any questions?

And I also would like to note that Senator Chang is also present. Members, any questions?

I do. Department of Health, come on up.

So you've heard and we also have Senator Keohokalole also present. You've heard the testimony, and I understand you have this working group. Why doesn't the working group include members of the community?

So the working group is not currently actively meeting, and we did have community meeting last October with members of the community. We've had multiple public outreach efforts to try to get input from community members, including the open comment form on our website on legislation that was proposed last year.

We also feel like the legislation that was proposed SB 2416, I believe which passed through the Senate last year and we hope to see revised in the House this year, is an open opportunity for community input on DOH's role. We feel that DOH has a clear mandate to care for patients at Kalaupapa. That's what's in HRS 326.

That is our area.

Was why isn't it that community meeting, did you specifically invite OHA any of the topside community requests.

Yes.

And they were present. This is Deputy Director Morikawa.

I see.

Deputy Kim Morikawa, Deputy Director of DOH. So I think the question really is more to the meetings that we had were not really external meetings when you refer to that transition group. They were basically internal administrative meetings to determine what jurisdictions each of our department agencies' roles were. So those are the meetings. Then we decide to have a community meeting, which we opened up to everyone.

So it was all of the agencies. I do not believe OHA was there, but, it was basically open to all of the agencies. We include it was a public meeting. And that was about two year like, one and a half years ago, not last October but the year before October. And we had that on Molokai and we had many members of the community present at that meeting.

What it comes down to is our understanding of this particular bill is that you're really looking for someone to convene the decision makers about what's gonna happen with the future of Kalaupapa. That really is not a decision that, falls into the jurisdiction of DOH.

DOH's role is really about caring for patients. So if you would like to proceed with this, we really feel that we just say we're saying that our reports have to do with the transition getting

I understand. And that's the reason why I think we need the bill was because your work contrary to what the written testimony says, this transitional working group has is which report you have attached did not actually include the kind of input that the community wants.

Right.

So I disagree with the premise of your written testimony, which basically said that this bill is not needed because it sounds like it.

Which saying that the report that's led by the Department of Health is really not appropriate because it's not the Department of Health's Kuleana in this situation to lead this directive. This is really about the landowners. DHHL and DLNR are the primary landowners, and they have a discussion.

And I don't want to debate you, but right now, according to statute, Department of Dealth's Director is the Mayor of Kalawao County and so has administrative requirements of being a Mayor of Kalawao County. So in that respect, you folks do have that responsibility. So I really do disagree with you folks. And I see Senator Inouye has a potential question. No?

Any other questions?

Just to comment as well, because I think one of the big players in this measure, are is DLNR. And I'm just kinda disappointed they're not here, and I'm not going to apologize for them because they should have been here. And this is the land owners part. And I tend to agree with DOH that you have your responsibilities, but I think the land ownership to me is a source with DHHL.

Because when you talk about jurisdiction in that region, it's rather important to know what areas will be protected. And I'm sure this committee should be apprised of knowing those, areas as well. So just, Chair, do you know if you've been in contact or did the DLNR ever contacted you?

Nope.

Thank you.

Thank you very much. Anybody else wishing, any questions?

Okay. With that let's proceed on to. Anybody else wishing to testify?

Yes, Chair. We have someone on Zoom that would like to testify.

Okay. Please proceed. You have one minute. Identify yourself. Hey, Angela.

You have one minute. You know how it works.

Aloha. Angela Melody Young testifying on behalf of CARES. So this proposed amendments to the important agriculture land qualified agriculture tax credit.

No.

You are testifying in the wrong bill. Okay. So thank you very much.

Anybody else wishing to testify on SD 2799? Seeing none. Are we ready for decision making?

Okay. So chairs, this, it's the chair's recommendation to pass this as is.

We are going to note in the committee report that the report due in May is to include the interagency transition working group's timeline, proposed budget, and proposed procedures. And I'd also like to note that the bill referred to by the final fell in its, in its testimony is still alive.

So, the House will have the opportunity to pass both bills or either one. So, we're giving the House multiple opportunities to pass a transitional program, a transitional bill for Kalaupapa. Any questions, comments, concerns members?

Vice chair for the vote.

Okay. Recommendation on the 2799, noting the presence of all. Senate Draft 1, noting the presence of all members of the committee, except for Senator Fevella. Are there any no's or WR's? Seeing none, recommendation has been adopted.

You have done.

Thank you. Committee Water, Land. Same recommendation.

Chair's recommendation to the committee on Waterland Culture and the Arts is to pass SB 2799 unamended.

[roll call]

Measure is adopted, Mister chair.

Thank you. Hawaiian affairs.

Committee on Hawaiian Affairs. Same recommendation as outlined by Committee on Health and Human Services. Vice chair for the vote, chair votes aye.

Members for Hawaiian affairs, voting on SB 2799, recommendation of the chair is to pass unamended. Chair votes aye. Vice chair also votes aye.

[roll call]

Chair recommendation is adopted.

Thank you.

And with that, we are adjourned. Thank you, everyone.

Hello, Mai Kakou, and good afternoon. Mahal for joining today's AEN Hawaiian hearing. It's Thursday, Friday, the 12th, and the convening of 2:24 at video conferencing, which includes the audio and video of remote participants that's being streamed live on YouTube. In the unlikely event that the hearings cut short, the committee will reconvene to discuss any outstanding business on Friday, February 13, at 03:05 PM during AEN's time slot, and a public notice will be posted on the legislature's website.

And because of our ninety minute time limit for hearings, there will be a two minute time limit for all testifiers, and we'll have a virtual countdown timer on Zoom screen.

So we have one measure on this, joint agenda, and it's SB 2887, relating to AG for taxable years beginning 01/01/2027. Amends the important AG Land Qualified AG cost tax credit to one include Hawaiian homelands designated for Subsistence Ag, Supplemental Ag, or pastoral in the definition of important AG land, and two, expand the definition of Qualified Ag costs to include costs relating to the planting of orchard or fruit berry crops or expenditures related to the clearing of former sugar and pineapple plantation finance.

So we have one measure on this joint agenda and it's SB 2887, relating to ag for taxable years beginning January 1st, 2027: amends the important ag-land qualified ag-cost tax credit to one, include Hawaiian Homelands designated for subsistence ag, supplemental ag, or pastoral in the definition of important ag-land and, two, expand the definition of qualified ag-costs to include costs relating to the planting of orchard or fruit bearing crops or expenditures related to the clearing of former sugar and pineapple plantation lands.

And we start off with Department of Hawaiian Home Lands.

Aloha Chairs, Vice chair, members of the committee, Oriana Leao of DHHL: the department stands on its written testimony in support with amendments. We appreciate the general sentiment that Hawaiian Home Lands for agricultural activities should be eligible for ag-tax credits. And we also appreciate the work of the introducer of our house companion bill HB 2017 HD 1, as well as the Chair of the House Ag Committee, Chair Chun, who worked on amending this draft.

We also request that the amendments noted in our testimony be adopted into a draft for this bill.

I'm available for questions. Mahalo.

Thank you.

Next is DAGS.

Thank you, Chair. DAGS stands on its roots of testimony offering comments on this measure. Our subject matter experts here, if you have any questions, follow.

Thank you. Department of Taxation.

Aloha, the Department of Taxation stands with our written testimony with comments.

Next is Brian Miyamoto from Hawaii Farm Bureau.

Good afternoon, Chair, Vice Chair, members of the committees. Brian Miyamoto here on behalf of the Hawaii Farm Bureau. You have a written testimony, which is providing comments. We actually support the intent of the measure. We support what DHHL is doing and their, request to support more agriculture on Hawaiian Home Lands.

However, we do have concerns that it's asking for to be included in the IAL tax credit. We don't believe that's a correct mechanism. We believe a simple solution is what DHHL recommended; what we did in the house is create under Chapter 235, a brand new tax credit. Give them the same things that they're asking for, but create their new tax credit.

Again, IAL is a dedication that landowners had to dedicate, and part of that dedication was receiving incentives. And one of those incentives was the tax credits. So, we don't expect or want DHHL to go through the same process. But if they want that IAL tax credit, they should do the same things that those other landowners did, and we're not suggesting that. Simple solution.

We believe it's a legislature create under 235, a brand new tax credit that offers everything that they're asking for in this bill. We did propose those tax credit I mean, those amendments in our testimony, and we appreciate all the efforts of DHHL and the legislature. Thank you for the opportunity to testify.

Thank you, Brian. Next is Angela Young on Zoom.

Currently unavailable on Zoom, Chair.

Is there anyone else or -

She's present, Chair. She's present.

Okay. Angela. Hello?

Aloha. Angela Melody Young testifying on behalf of CARES. And so my comment is I'm just wishing to comment. I'm neither for nor against, very neutral, is that if this has to do with the taxes for landowners of designated important ag-lands, perhaps the legislation should consider amendment to create a task force or working group to include, DHHL and also the county's office, because the county manages the permitting for the zoning and flag lands and also property taxes.

So, maybe the counties can provide advice about this. And, I think what this bill is trying to do is to strengthen communities across Hawaii, growing, accessing, and sharing through resilient, place based systems and then to encourage the economic viability to allow farmers to deduct a qualified expense. And so helping to mitigate the high cost, and then to encourage the conversion of massive dormant, ag-parcels into active productive agriculture use. I think this addresses the state's need for more farm vola.

Thank you, Angela.

Anyone else wishing to testify on this measure, please come forward. State your name.

Thank you.

Hello. Iman Kolai Manole, co-manager of Home Manopono LLC and I oversee corporation of host. We support this bill, but I have questions that, when you're talking about former Sugarlands, we had laws on the books regarding former Sugarlands for 20%, on the 5F, state laws that was passed regarding the former Sugarlands. So how does this conflict with with those laws? And that's my my comment for that and how we're gonna reconcile that with this tax breaks.

Well, I support the department in this because we need those tax breaks. Aloha.

Thank you very much. Anyone else? Members, questions?

Chair.

Member DeCoite?

DHHL. Thank you for coming. What is the size of DHHL's lands that would be considered for important at glance on this bill?

I apologize. I don't know that number off the top of my head, but I can provide that to you.

Do you have any idea of how much lands are designated ag-lands on the DHHL on other islands?

I have that information, and I can provide that to you, but I don't know it off the top of my head at this time.

It's not helpful. Do you understand what IAL lands are?

I understand that insertion of Hawaiian Home Lands as important ag-lands was not the proper legal means by which to make Hawaiian Home Lands for agricultural activities was not an it was not an appropriate legal means, but we appreciate the work that has been put into HD 1.

Do you realize what the benefits would hold for a lessee that farms on agricultural lands? Would it be, awarded as, that itself or in a license or long-term lease?

Those benefits haven't been realized by the beneficiaries who currently have agricultural leases or lots.

No. But you realize -

But, we realize that with pension -

Do you realize what the importance of it is. Correct? Can you get back to share on how many how much lands are designated as ag lands under DHHL as well as the licenses and long term leases, please?

I'd be happy to. Thank you.

Thank you. Thank you, Chair.

Anyone else?

I know DHHL and Farm Bureau have provided some amendments. But if we were to move forward with this with the current language, what is a loss in revenue on the state?

I can't comment on that because I wouldn't be able to estimate that. But I do know that in 2023 and 2022, we couldn't even list it on our annual report because it was such a small number that it might give away the taxpayers information. So, and it wasn't even claimed in 2020-2021. I don't know - we don't even know how much ag-land is within DHHL.

And and right now, the Department of Ag certifies that all, so they might have better information.

Oh, okay. Maybe you can just ask them. But I think moving forward, I think it would be good to have some of that the rough estimate as far as revenue loss from your department anyways. In, like, maybe five years or so, yeah, if it were - but, I don't know if it's gonna be relevant at at whatever point after this.

We'll do a revenue estimate on this bill. But it might be changing.

Yes. Right. Right. Maybe. Yeah. So we'll see. Okay.

Chair, follow-up question? Okay. So, can you tell me how much revenue loss do we have with all the other lands that have been designated IAL lands?

So, there was no claims for this credit in 2020 and 2021. And then in 2022 and 2023, I don't have the number because they don't wanna list it because there's so little taxpayers that have received this credit, so it could give up that information. So, I don't have that information data. They can't report it. We can't - the DOTAX cannot report it.

So, I guess that would mean there's probably, like, one or two taxpayers that have claimed that credit in 2022-2023. I don't have information for 2024 yet because it's a three to three year credit. So, after so it's kind of run its course, I think, for a lot of people.

So you wouldn't be able even to disclose the name of the entity that has filed it?

I don't think so.

Can you check?

Yeah. Yeah. I can check.

Yeah. Sorry. Thank you. Thank you, Chair.

Yeah. Thank you.

Can I do a follow-up, Chair? With DAB?

Hi. Just, sorry: I guess you have to say your name for the record as well.

Earl Yamamoto, Department of Agriculture and Biosecurity.

I just wanted to follow-up based on what Senator DeCoite was asking. Are you folks able to disclose who has who is certified to receive those tax credits maybe?

Are you able to disclose it?

The farmers?

I don't know. I know who they are, but I would not.

So, how many people or how many farmers?

How many, you know, qualified landowners? Less than 10. And we've never... there's a cap; there's an annual cap on the amount. That's 7,000,000 per year, and we've never got anywhere close to that cap in terms of issuing or certifying qualified agricultural costs.

Okay. So I have a is it okay to ask a follow-up question? Okay.

If you, so if this bill were to move forward as is, would you have, I guess, the would... you have the means to execute it in...as is?

As it is? You know, if you look through, 235-10.93, which is the IAL, Qualified Agricultural Cost Tax Credit, it's quite detailed. But even in that detail, it's kind of insufficient in describing exactly what are qualified agricultural costs in in here.

The bill creates something that was never - it was discussed when the when this particular credit was being considered back in 2008, and that was the horticultural practices, the growing of crops being considered a qualified agricultural cost. And at that time, the group, statewide group decided no.

They would not consider that. So, that's what is contained in this bill. As for consistency with the the policies and objectives of the important agricultural lands law, I'll give it to you folks who figure that out.

Okay. Thank you.

Chair, quick question? Are you able to disclose, of the 10 or whatever you think you have, how much is, native Hawaiian or part-Hawaiian versus non-Hawaiian?

I don't know that and I probably wouldn't be able to disclose it.

You know when we do the Federal Census, usually ask the question, yeah, the questionnaire. Don't you guys get that survey breakdown to the office on the stats?

Census about?

US Ag Census survey that comes out once a year. I know that we've looked at that several times, and I believe the ask on that is also background on what a native Hawaiian, part-Hawaiian, Asian, and so forth. Are you guys able to pull that up on that Census?

Aloha, senators. Cedric Gates here on behalf of DAGS. Senator DeCoite, I don't believe we have that information right now, but I will take that back and get the information out, send it over to the committee for your guys' review. Thank you.

Thank you.

No problem. Okay.

Okay. Okay. Okay.

Yeah. Alright.

We'll go right into, decision making, on this measure. The Chair is having conferred the recommendation will be to pass with all of the Hawaii Farm Bureau's amendments, mirroring the structure and policy approach that was adopted in the companion bill HB 2017, which passed out of the, Ag Committee HGR on February 6. And we'll also make technical amendments, including defecting the effective date to 07/01/2050. AEN, are there any discussion? [Roll Call].

Who's taking the vote for AEN?

Lynn is taking. Lynn's taking.

[Roll Call]. Chair, your recommendation is good.

And Committee of Hawaiian Affairs: the Chair has the same recommendation to, as Chair from Ag environment has made out. [Roll Call].

Hawaiian Affairs Committee, we are voting on SB 2887. Recommendation of the Chair is passed with amendment. [Roll Call].

Chair, your recommendation is adopted.

Thank you, members. And that concludes the joint agenda.

Hello, everyone. This is the Committee on Hawaiian Affairs. We are gathered here on Thursday, February 12 for the 105 agenda decision making in Room 224. This is strictly decision making, so there'll be no, testimony taken.

Few housekeeping: this is being streamed live on YouTube. And in the unlikely event that we have to end this mirror meet hearing or have technical difficulties, the committee will reconvene and discuss outstanding at 01:05 on the seventeenth, again, here in Room 224. With that, let's get into the agenda. And first bill is Senate Bill 1406 relating to historic preservation. It is the recommendation of the Chair to defer this indefinitely.

And my reasoning for this is because there is a preference for DHHL of language in House Bill 2223, and that is moving through the process right now. I am not one to create a lot more paperwork. And if we have methods going forward, I want to try and streamline and get some things done. So with that, without any objections, we're going to defer Senate Bill 1406. Okay.

Moving on, Senate Bill 521 relating to access to water on Hawaiian homelands. Again, it's a recommendation of the Chair to defer this measure. And not that I don't think we need to have water for the Hawaiian homes, because I'm actually working very diligently on that. There is process ongoing with the different counties and the conversations are already in place. And so, again, rather than creating more paperwork, what I want to do is get this thing done and we'll keep pushing for it.

If we find that we're stumbling, next year we will be reintroducing it and bringing that forward. So without any objections, I will be deferring this measure. Moving on, Senate Bill 3247 relating to Mauna ʻAla. It is the recommendation of the chair, long story short, to convert this to a working group. And I wanna start first by saying I really appreciate the input from the community.

This is a very important and sensitive thing as we go forward, and I want the stakeholders to be at the table helping design how we're going to go forward. I don't want to dictate from this Legislature. I want to help facilitate the conversation so we come out with a good product, a true one, in the sense that we're not exactly sure what it's going to look like when we start.

We're going to let it evolve and come out the end. So with that, the proposed amendments for Senate Bill 3247 are: amend the language of 3247 relating to Hawaiian affairs, beginning on page two, line 15, to amend the section from the Royal Mausoleum Commission to the Royal Mausoleum Working Group, and to replace all references to the Royal Mausoleum Commission with the Royal Mausoleum Working Group throughout the remainder of the text.

The intent of the revision is to put together a working group established under DLNR for the time being that will develop the criteria for an oversight entity. And I'm particular by using the word entity because, again, I want input from the stakeholders to ensure the effective stewardship and long-term management of the Royal Mausoleum. Number two, amend one aspect of the intent of the working group on page two, line 18 through 21 to read as follows.

The working group shall create a potential management policy independent of the department except for budgetary, fiscal, and personnel administration purposes regarding the Royal Mausoleum, also known as Mauna Ala. Number three, the composition of the working group shall remain as stated within the current language of the text.

Number four, develop and submit a brief report to the Legislature every six months beginning in January, July, with the final comprehensive report to be submitted to the Legislature sixty days prior to the convening of the 2028 legislative session. The short answer there is an eighteen-month window to get this thing done, and I don't want to let it drag out. The reports are to encourage work to get this thing done so we get an answer.

Number five, adopt proposed amendments by Robert Quatero as submitted in his testimony in attachment A, excluding numbers three and ten. Those proposed amendments in his testimony are extensive and substantive and are too long to read into the hearing, but the summary of these amendments provides more guidance to the expected actions and outcomes of the working group. We're also going to be deferring the date to 09/09/2129.

The rationale behind all of this is, again, to align the intent with the Kuleana of all the groups that truly need to have the input of this going forward. And, again, after listening to all the conversations and trying to design a process that'll be truly reflective of what the stakeholders with the Kuleana really want.

I think this is the way forward. So with that, are there any comments from the committee?

Sure. I have a comment. Thank you very much, Chair, for sharing your recommendations. Originally, I was going to vote this down. However, I do believe that with the working group, we can put more people at the table so that this can call for a deeper discussion.

Also, with the report to the Legislature, it will keep the accountability to make sure that this discussion moves forward and that everybody is able to bring their input to the table. So respectfully, Chair, thank you very much for making these amendments. And with that, I'll be voting up on this. So thank you, Chair.

Thank you. Any other comments? Seeing none, Vice Chair for the vote.

Members voting on SB 3247, recommendation of the Chair is to pass with amendments.

[Roll Call]

Thank you. Moving on to Senate Bill 1654 relating to land transfers. Again, it is the recommendation of the chair to defer this indefinitely. Again, we have processes in place that are ongoing and conversations with DHHL. I don't want to obstruct things by creating more paper at this point. It doesn't mean we're not paying attention. It means I want to streamline things.

So it's a recommendation, without any disagreement, that we will be deferring indefinitely. Hearing none, moving on to Senate Bill 1112. It's the recommendation of the Chair to pass with amendments, specifically to defer the date to 09/09/2129. This is an important conversation to keep going. We're deferring the date just so we have this going forward.

Any comments or discussions from the committee? Chair.

Chair, respectfully, I will be voting down on this only because I know that nobody's overstepping on any rules or administrative anything like that. But I do believe that this might open the door to other potential leaders that may see this as an opportunity to promote their projects. So I appreciate the intent. I respectfully will be voting down, but thank you very much, Chair, for moving this forward.

Thank you, committee member. Any other comments? Hearing none, Vice Chair, for the vote.

Voting members voting on SB 1112. Recommendation of the chair is to pass with amendments. Noting all members present and also noting, sergeant courts. No. Anyone else voting with reservations or no?

Hearing none, Chair. Reservations. Oh, reservations for Senator Ihara. Anyone else wanting to vote with reservations or no? Hearing none, Chair, all other members vote aye. Recommendation is adopted.

Thank you. And moving on to Senate Bill 1301, relating to historic preservation. Very important conversation to continue to have. What my recommendation is to pass with amendments, specifically defect the date. So we can move this forward, but keep the conversation going. So any comments from the committee? Seeing none. Vice Chair for the vote.

Okay, Members, voting on SB 1301. Recommendation of the Chair is to pass with amendments. Noting all Members present. Anyone voting with reservations or no? Hearing none. All Members vote aye. Your recommendation is adopted.

Thank you. Moving on. Senate Bill 2443, relating to historic preservation. It's recommendation of the Chair to defer this indefinitely. And the reasoning behind this, once again, is that there is progress ongoing in place for SHPD and already under Act 293, Senate Bill 15, we have motion going forward. There's a concern that, if this bill were to pass, we actually create a stumbling block going forward. Again, it's not that we're gonna ignore this.

We're gonna let things evolve a little bit, and if we need to come back next year, we'll be resubmitting the bill. So, again, without any objection, I'll be deferring Senate Bill 2443. Seeing none. Move on. Senate Bill 2996. This has been a bill that has brought a lot of conversation and a lot of passion on both sides of the argument.

It is my recommendation, recommendation of the Chair to defer this indefinitely. And the reason for that is on a couple of folds. First of all, we have an ongoing Holomua to discuss throughout the state with community led conversations about management. I am mindful of that. Additionally, there's been an environmental impact already done that is supported by data that the aquarium fishing can be done sustainably.

The EIS was requested and put forth. And so, at this point, I am a science minded person. We have the protocols put in place that will allow management going forward. Again, we're gonna let the time evolve a little bit and see how this comes forward. The Department of Land Natural Resources needs to get this Holomua put forth, and so we're gonna allow a little bit of time.

I don't disagree. We have a lot of concern going forward for our reefs and our fisheries. And I have discussed this over with Chair of Water Land. If we don't see movement on this going forward, I will be a co-introducer of the bill next year if we don't see something coming along. So with this, it's the recommendation of the Chair to defer indefinitely.

Any discussion on that? Seeing none, moving on. Relating to Hawaiian Homelands, Senate Bill 2702. It's the recommendation of the Chair to accept the proposed amendments from DHHL and remove Section 2 and 4 from the measure. The reason being is what this does is it allows Hawaiian Homes to step up and be first in line for the first right of refusal on some real property tax sales to allow, again, DHHL to acquire some of these lands.

This has nothing to do with the Department of Hawaiian Home Lands Commission Act of 1920. So we wanna remove any comments regarding that. This is strictly within the state to get that done and another way, hopefully, to get some housing for DHHL for our beneficiaries. So, with that, any discussion on this measure? Seeing none. On 2702, passing with amendments. Vice Chair for the vote. Chair votes aye.

Okay. Members, voting on SB 2702. Recommendation of the Chair is to pass with amendments. Any all Members present. Anyone voting with reservations or no? Hearing none. All Members vote aye. Chair, your recommendation is adopted.

Thank you. We're at the end of the agenda. Thank you. We are adjourned.

Aloha, everyone.

This is the Committee on Hawaiian Affairs. Our 2pm agenda on Thursday, February 12. We are here in Conference Room 224. This is a short form hearing on Senate Bill 2635, proposed Senate Draft 1. The purpose of this decision making is to insert provisions in Senate Bill 2635, relating to the Department of Hawaiian Homelands.

Which is a short form bill and recommit the bill back to the Committee on Hawaiian Affairs so a public hearing on the proposed Senate Draft 1 can be scheduled at a later date. The proposed draft, which is posted online, appropriates funds to the Department of Hawaiian Homelands for the development or purchase of lands or units for mortgage or rental subsidies and other services necessary to address the wait list.

The recommendations of the Chair is to pass Senate Bill 2634 with amendments, insert the provisions of proposed Senate Draft 1, and recommit the bill to the Committee on Hawaiian Affairs. Members, any questions or comments? Hearing none, recommendation of the Chair is to pass Senate Bill 2635 with amendments and recommit to Committee on Hawaiian Affairs. Vice Chair for the vote.

Members, we're voting on SB 2635. Recommendation of the Chair is to pass with amendments and recommit to the Committee on Hawaiian Affairs. [Roll Call] Chair, your recommendation is adopted.

Thank you, Chair. We are at the end of the agenda. We stand adjourned.