House Standing Committee on Public Safety

Good morning, everybody. We are committee on Waterland here at the state capital, Tuesday, 03/31/2026 10'clock AM agenda. Conference Room 411. I am the vice chair, Dimorikawa, and chair, Mark Hashem. We'll we will be switching those today.

Okay. Let's see. We have some ground rules. There will be a two minute time limit for testifier. And well, because, hopefully, we can finish by twelve because if we don't, all the bills are dead.

And for Zoom, please keep yourself muted and your video off while waiting to testify after your testimony is complete. The Zoom chat function will allow you to chat with the tech staff and not us. You're if you're disconnected, you may attempt to rejoin. If you're disconnected while presenting testimony, you may be allowed to continue if time permits. K.

House is not responsible for any bad Internet connections. In the event of a network failure, it may be necessary to reschedule the hearing or schedule a meeting for decision making. In that case, an appropriate notice will be posted. Please avoid using any trademark or copyrighted images if you are using a Zoom background. And please refrain from profanity or uncivil behavior.

Such behavior may be ground for removal from the hearing. Okay. First up, we're gonna have HCR13 HR15 requesting the department of land and natural resource to collaborate with the department of education and state public charter school commission to develop a student coral stewardship program. Okay. First up, we have the TLNR.

Chair, vice chair, committee members. Charlie Taylor on behalf of DLNR's division of aquatic resources. We stand on our written testimony providing comments. Just making note that we have provided some proposed amendments for your consideration and are available for any questions. Mahalo.

Next up, the Department of Education.

Not present.

We have in support [Unknown]. Also in support, Margaret Remick, Johnny Mae Perry, Ron Tubbs, Hawaii Sustainable Reef Fisheries, in support.

Member, is there anyone else in the room that wants to testify? Seeing none numbers, are there any questions? You have questions? We'll wait for you.

No. Thank you. Thank you.

Really? Yes. Okay. Good.

Thank you, vice chair.

Let's move on. We are on HCR 61 urging Department of Land and Natural Resources to work within its partners to increase investment in policies, incentives, workforce, and nursing capacity to reforest Hawaii's public and private lands. And first up, we have DOFA.

Thank you. Good morning. Aloha, Chair, Vice Chair, and Members of the Committee.

My name is Jennifer Grimm. I'm the Forestry Program Manager for the Forestry Program at the Division of Forestry and Wildlife, DLNR. We're gonna stand on our written testimony and strongly support this, resolution.

Thank you. Next up, we have in person, Melissa Pavlicek, reforestation policy.

Aloha Vice Chair Morikawa. We have one of our reforestation policy who we leaders online, Jocelyn Herbert. I also submitted my personal testimony. If I could do my personal testimony at the appropriate time and then ask Jocelyn to present on behalf of the Hui. Would that be okay?

Okay So my name is Melissa Pavlisac, and I had the opportunity to see some satellite footage of Hawaii Island shown to me by the introducer of this resolution, and it was a very stark contrast between the areas that had reforestation efforts and those that did not. Those that did not and did not have good land management practices on Hawaii Island are devoid of trees and are very barren.

I also was pointed out to me the reforestation efforts along a stream and how impactful that can be in reforestating reforesting the the areas around the stream. Recently, I went to a presentation at Bishop Museum about conservation and ecology, and I heard students present their research and use the phrase, no snails, no whales, which struck me as funny because I did not know or understand the connection between forestry and the health of our watersheds, our streams, and our oceans.

But after sitting through those presentations, I gained a deeper agriculture and other land management practices are needed.

So this resolution is very personally important to me. What is important to me is not so much urging DLNR to do anything, but it's the policy statement and the opportunity to share with legislators like yourselves how important reforestation is. Thank you for the opportunity to testify. Thank you.

Anyone else in the room to testify? Okay. We have she's on Zoom. Right? Excuse me. Okay. Jocelyn Herbert?

Yes. Thank you. Good morning, Chair Hashem, Vice Chair Morikawa.

Thank you, first of all, for hearing this resolution, and so the opportunity to testify this morning. We're test I'm a participant in the reforestation policy, Hui, and testifying in strong support of the resolution. Think one thing I wanted to point out, in addition to the written testimony is that this is really a cross sector Hui, that includes a number of ranchers, large ranchers, conservation organizations, education and cultural institutions, and state and federal agencies.

And the reason for that kind of impressive and broad representation is because of the importance of reforestation to our state and the multiple benefits that it can provide to us.

We have thousands of acres of degraded public and private lands across Hawaii, and we see the damage that happens to our communities when we don't have enough trees in the ground, frankly, and native forests, to absorb tremendous amounts of rainfall, and to help mitigate, some of the disastrous impacts of flooding, and fire that we are unfortunately experiencing as a state.

So this work, is more important now than ever. And, I think the policy statements in this resolution help point to the scale of work that is needed and just so grateful for the opportunity to talk about this with you all and to ensure that we start moving forward as a state and in a coordinated way as this HUI is attempting to do and as the state agencies are doing with us to support reforestation at scale across the state. Mahalo.

Thank you. We also have on Zoom, Pierce Young.

Hi, Chair, Vice Chair, Members of the Committee. I just wanted to also, submit my testimony in support of this resolution. You know, I was born and raised in Hawaii and I've done some extensive traveling across the state. And protecting our green spaces and reforestation is so critical to having healthy communities.

And I've just been so grateful whenever I've gone to other states that the people I've met in green spaces and communities, and it just speaks volumes about how much the city care the city and state cares about the place that it's in when you walk there and it's clear that they take care of their green spaces.

So just from a purely personal perspective, I wanted to add my support for this bill and just say, how important it is that we start now and not wait till our green spaces are degrading before we try and save them. Just the the ability for us to have this impact now rather than later will be huge. So I really appreciate the opportunity to speak here today. Thank you so much.

Thank you. She can't have. Also in support Johnny Mae Perry, Hannah Lesiak, and Sharla Tevis. Anyone else?

Aloha, Chair, Vice Chair, and Members of the Committee. My name is Hannah Lesiak, and I did submit written testimony, so apologies for the surprise. But I am testifying as an individual in strong support of this resolution. But I will note that I also am a member of the Care for N and O coalition and the Ocean Legislative Task Force.

And one of the things that I've learned through working with those groups is that the health of the health of our forests affects every single aspect of our environment, and ultimately the well-being of our communities.

And then in the face of environmental pressures, especially, as we saw with the recent storms and flooding, we have to take proactive action to protect our natural systems so that they can withstand future impacts. This measure highlights the importance of investing in reforestation to strengthen climate resilience for the long term. I wanna thank you for the opportunity to testify and for hearing this resolution. Thank you.

Thank you. Anybody else wanna testify on this? Just state your name, please.

Hi, my name is Monica Gibson, and I submitted my written testimony as well. Aloha Chair Hashem, Vice Chair Morikawa and Members of the Water and Land Committee. My name is Monica. As they stated, I'm a resident of Kaneohe and I'm here in strong support of HCR 61. When I was in sixth grade, I went on up to Hawaii Island to plant koa trees, and it was my first real exposure to reforestation.

That experience stayed with me, and it taught me that caring for our forest is something we all have a role in and that restoring is both a responsibility and a privilege. In just the past few weeks, we've witnessed these Kona low storms bring intense rainfall and flooding across our islands. These events were a powerful reminder that healthy forests are critical natural infrastructure. They absorb water, reduce runoff and help protect our communities. As we begin to implement the green fee, we must invest with intention.

The Green Fee Advisory Council identified reforestation and watershed protection as top priorities, And HCR 61 helps ensure we are ready by strengthening nursery capacity, seed supply, workforce, and supply for land and support for landowners. If we restore our forests, they will sustain us, protecting our water, our communities, and our future. Thank you for the opportunity to testify.

Thank you. Anyone else? KC, no other testifiers. Any questions, members?

Chair.

Yes. Go ahead.

DLNR, please. Thanks for being here. Your testimony, you mentioned modern facilities and upgrade in management efficiencies. And I was just curious what what does that look like? Yeah.

Yeah. Thank you. Well, currently our state production and rare plant nurseries, we, haven't invested much in those nurseries, for many years and, they're they're in need of a big boost of investment to, I learned recently one of the most dangerous chemicals you can use in your nursery is your water source. So we have to be really careful about what kind of water we're using in our nurseries. And so there are some upgrades needed in our nurseries to make sure we're filtering and treating our water properly.

So that is one particular reference. But capacity wise, we don't have any real civil servant positions that are horticulturalists and working in our nurseries.

Our nurseries are sort of understaffed. And I like to use the analogy just like baby children, our baby plants can't be left alone for too long. It is a very laborious, task to, put together 100 or 200,000, propagated plants. And so we really need to think carefully and critically labor is required to bring our existing nursery, infrastructure to sort of a more state of the art modern, situation. So that that's, that's what that is about in my testimony.

Go ahead. You know, on your staffing, would you be able to like partner with the high schools or something?

I think that would to to those who are interested in seeing how, seeds go from, small seedling and propagated. It is an art form and those who are interested would love to, be part of that process. It's a really, it's a really fascinating.

So have you had communication with DOE or anything?

Not, not, DOE. I will say that we're working a little bit with the Palamanui campus to develop some opportunities for training for those in the community college.

Last question. Vice Chair. Chair. I know we mentioned Hawaii Island. Is that the Island of the greatest need? And, could you comment on maybe the needs of the other islands as well?

I can try. Yeah. Every Island, as we all know is different and the opportunities in the forest and the capacities, change at each Island. I think there is an enormous amount of opportunity on Hawaii Island given the, land, the volume of land and, how much, forest reserve exists there as well as the amount of ranching and ranchers that are interested in reforesting. But I would say every single Island has a need for, plants and investment in existing forests, preventing forest degradation and creating expanding forest cover.

So. Sure. Last question. You know, with with what we've experienced in, by low and not sure, I

mean, if we could rewind, would would for proper forestation have changed the outcome or affected or improved it, would you say?

I mean, I would I would say improvement. I mean, I I will say even native forests will burn. Right? So, there's no guarantees that, the time types of climatic events that we're seeing, won't continue and we won't feel effects. But certainly having intact, native forest and expanded forest cover reduces, the potential for catastrophic events and increases resilience, for fire storms, even disease, you know, having a healthy, forest that has diverse, age classes and is, you know, diverse species creates resilience.

Okay. Thank you. Thank you, Chair.

Any other questions? Okay. Members, let's move on. I mean, we are on hcr 136 hr 128 urging the County Of Maui to adopt ordinance that establish wildland urban interface safety standard for plantation towns and other high risk communities taking into account the County Of Kauai's ordinance, relating to the Plantation camp district wildfire and wildland urban interface. Is there anyone in the room that would like to testify on this?

I have no one registered to testify. So no one to ask questions to members. Let's move on to HCR185 HR175 urging Macau de planning and permitting agency agencies to deny all permit applications related to the construction, expansion, or use of warehouses by United States immigration and customs enforcement for the purpose of detaining individuals facing the nation. First up, we have in person, Chris Caulfield.

Good morning, chairs, committee members. Kris Coffield. On this particular measure I'm speaking is the president of the Imua Alliance. We're in support of this resolution. You're all very familiar with what's happening within with, immigration policy across the nation and how that's, causing a whole lot of disruption for migrant communities. Our organization works, with survivors of sexual exploitation, gender violence, many of whom, in a way, are migrants. We work with a lot of migrant survivors who've been heavily impacted or could potentially be heavily impacted by, the immigration crackdowns. We support this, resolution. We would note that there's, examples from the continent, other states that have taken action. Just for example, New Jersey has enacted a law prohibiting both private and public facilities from entering into contracts with ICE to detain immigrants. Illinois did something similar. New Mexico just passed legislation banning local governments from contracting with ICE for immigration detention, and then there's, some local municipalities like Seattle that, done similar things enacting moratoriums about detention facilities. So we wouldn't be the first state in the country to do this. It's something that other states are looking at as well, and I would hope you'll move this measure forward to continue the conversation. Thank you you so much.

Thank you for being here. Also in support, we have Mike Goliu. Not present. Anyone else wanting to testify on this measure? Seeing no other testifiers, any questions, members?

Go ahead.

Question.

I guess you're the only one I can ask a question to. Thank you. Thank you for being here. Do you have any awareness of the numbers and the need for such a facility here in Hawaii?

So just to be clear again, we oppose

Units. But I'm not I'm not aware of the what the numbers would be from the ICE side of things. I can tell you that I have heard conversations that that I've heard. It's been suggested to me that ICE has had conversations with, with with people about trying to identify a a place that they can purchase for the establishment of a detention facility here. That's not I can't verify that. It's something that's been suggested to me by other immigration advocates. They've been looking in the real estate market for something along the lines of a warehouse that they could turn into a detention facility, but I'm not sure what the size that they're looking at is, though.

Understood.

the construction of a detention facility for

So like you said, that's Un Unverified Unsubstantiated fact. It's it's it's kinda hearsay at this point.

I would say the resolution is intended to be a protective measure because we've seen that this is something that's happened on the continent where, ICE is certainly

I'm talking about what what you had just mentioned as part of your, answer to me. Me.

Sure.

Yeah. So, do you know what is the current, facility or, what is currently done for for for anyone that's detained?

So even though you had, direct, contact with these, individuals that have been, affected, you're you're you're not sure what kind of facilities they were?

Yeah. So I wanna be really clear about I'm not an expert in immigration policy. I know that that that I can I can speak to the survivors that we've worked with? We have had survivors who have been, detained by ICE and who have been and that's disrupted some of the cases that we've been working on in trying to facilitate cases against exploitation, and, they've been detained in, you know, facilities. Sometimes, to be honest with you, we not ex exactly sure where they've been detained. Some of them have been detained. We understand in federal facilities locally. Some of them have been taken away from Hawaii. And that's certainly been disruptive in terms of trying to make cases against exploitation because when we lose access to our survivors, essentially, the cases disappear.

Yeah. So let me let me kind of when ICE detains the migrant survivors that we've been working with in terms of trying to make cases for exploitation, either as material witnesses or survivors, we lose all contact with them. And, unfortunately, all the work that we've done in terms of trying to provide trauma informed care wraparound services or the legal framework that we've been trying to provide in order to buttress those cases essentially stops.

Unfortunately, I think that's something that a lot of service providers have been experiencing across the country in terms of working with migrant populations, is when they are detained by ICE, a lot of the support services that they would be receiving and a lot of the case management perspective, a lot of that a lot of that simply stops cold. And we're very it's very challenging given to track the survivors, much less continue to find a way to provide them services while they're detained.

Yeah. That that would be concerning. Thank you. Thank you for your testimony. Thank you.

Thanks so much.

Thank you.

Yeah. Thank you, chair.

And do I have questions?

Sure.

I got a question. So you mentioned that ICE became it became people and it took them to the Mainland. If we if we don't allow the Federal Government to have detention centers and they are forced to to transfer people to the Mainland, which is worse.

Can I ask a question?

I mean, I think that's a policy call. I think I think what if I understand you correctly, are you you're asking whether or not from a from a service provider perspective, we might have greater access if there was a detention facility here?

Yes. If we had a detention facility here, then they could detain the people here. Versus all of a sudden, they're picked up by ICE and they're transported to the Mainland. And now they're separated from their family and everybody. Right?

Yeah. I I understand that.

So, I mean, I'm playing devil's advocate here.

Which is worse? Should we have the facility here and build the facility so they can stay here? Or force the situation where they gotta be flown to the Mainland?

So I would say two things. One, I think the concern would be that there was if there was a facility that was established here, it might incentivize detainment locally, more heavily so than we see currently. And the other thing that I think I would say is that, at least from from the the cases that I've been working on and the migrant survivors that I've worked with, they are very quickly subject to deportation. So it really doesn't matter where that they're gonna be held.

As soon as they're detained, like I said, the access to services from our organizations, some of our peer organizations simply ceases, and the deportation process can be very quick. So I can I mean, just to be kind of honest with you, talk to even law enforcement who've been working on some of these cases who were not aware before some survivors were detained and then deported.

So I would even say even at the law enforcement level, communication seems to be problematic. So I would I I think that from a survivor's perspective or from a trauma informed perspective, the concern is that, the immigration crackdowns themselves are leading to quick deportations, which is not amplifying our ability to handle exploitation in the state.

Can I ask a follow-up question?

Okay.

Yeah. Go ahead.

Chair. So as a civilian who who works with service providers, is it fair to say that just reading the news and speaking to service providers that it's ICE's strategy to move people quickly out of their communities, so that they don't have access to families, to legal support, all of these things. That it's part of their strategy. So to build an ICE facility here, which has become another destination to remove people from the continent here so that they're further away from their own communities?

And that's something that's certainly something that could happen. And I would say there's legislation moving through the legislature that I think is really important that would provide help to provide legal services to migrants upon their detention. I think that's something that that would be very critical for ensuring that the survivor population has access to some services.

And I think just to to be kind of blunt about it, the climate of fear is something that's been really detrimental to service providers who work in the exploitation gender violence area because people are very scared to come forward about what's happening to them in their communities. They're very scared to report.

They're very scared to call us, because they're worried that their information is going to be passed along to law enforcement and they're going to be deported. So even just I mean, I would just from a symbiotic or a symbolic standpoint, if we haven't a detention facility here, I think that people are going to be even more afraid that if they report they're gonna be detained by ICE and, and lose access to any of the support services that they may be receiving now.

Thank you.

Okay.

Thank you, members. Let's move on to HCR cr 155 and hr 147, supporting the findings and recommendations of the Hawaii Water Safety Coalition's Hawaii Water Safety Plan. First up is the Department of Education. You said they were going to be here, but they are not. Good comments.

Allison Schaeffers.

Aloha. I'm a bereaved parent volunteer with the Hawaii Water Safety Coalition, which is now a program of the Hawaiian Lifeguard Association, and I was the lead writer of the Hawaii Water Safety Plan. I strongly support these resolutions. The plan was developed by a statewide coalition of more than 200 partners. Government agencies were, part of that process, including the Department of Health and the Department of Education, lifeguards, first responders, medical professionals, researchers, nonprofits, and cultural leaders.

I donated my professional writing and project management skills to turn their expertise and data into a clear, actionable, and cultural grounded plan.

Hawaii is only the second state in the nation with a comprehensive statewide water safety plan. This work is urgent, which is why I'm here. Hawaii has the second highest drowning rate in the country. Drowning is the leading cause of death for Hawaii's children ages one to 15 and the leading injury related killer of our visitors. The economic cost is staggering.

According to the CDC's calculation, each drowning in Hawaii cost approximately $10,000,000 including in terms of rescue medical and statistical value of lives. Between 2019 and 2023, we had 400 and 75 drowning deaths, so that would be a cost of nearly 4,750,000,000.00. And that's before accounting for the lifelong cost of nonfatal drownings, which aren't even included in that calculation. I am here because the human costs are unbearable and prevention matters. In 2004, my five year old daughter, Charlotte, drowned in a flooded detention pond.

Her death was preventable. These resolutions affirm drowning as a preventable public health crisis, advance equity, reduce long term costs, and save lives. Legislative support is essential and mahalo for your leadership.

Thank you. Next up, we have the Kirsten Hermstead, the second director of Hawaiian Lifeguard Association.

Hi. Aloha. Chair, Vice Chairs, and the Committee Members. My name is Kirsten Hermstead. I am the executive director of the Hawaiian Lifeguard Association and the coordinator for the Hawaii Water Safety Coalition.

So we've done a lot of work, on the water safety plan and thanks to Allison, it is, an incredible document and we should, all of us here in Hawaii should be very proud of it. I stand on my written testimony, but I would like to add that in the back of that plan, there are a long list of recommendations of what we need to do to prevent drowning and, aquatic injuries here in Hawaii.

And what the coalition is doing is we've put together working groups to identify what the top priorities are in those recommendations and work on them and start working on them. And part of that is us being here today and getting that plan recognized. That is one of the recommendations in the plan.

One of the other recommendations in the plan was getting recognition for lifeguards as first responders and all of us who are here testifying in front of you here today, just for five minutes ago upstairs, testifying regarding that. So the coalition is working actively year after year to implement those recommendations in that plan and your recognition would make a lot of our work much more possible and fundable through grants and other things.

So please, we would love to have your support and happy to answer questions if you'd be,

thank you. Thank you. Next up, we have from Kauai, David Kalani Vieira. I did not know your name was David after the many years I worked with you.

Yeah. Thank you. Aloha, Chair and Members of this Committee. My name is Kalani Viera. I'm the operation chief of the Kauai Ocean Safety Bureau and I'm also the president of the Hawaiian Lifeguard Association.

I've been serving our community as a lifeguard for over thirty years now. Over the course of my career, I have responded to countless water emergencies, many of which were preventable. I've seen family families devastated by drownings and near drownings that could have been avoided with better education, awareness, and preparation. The Hawaii water safety plan, which I have here, and I can leave you with you guys for review, would bring together education, prevention, and response into a unified strategy.

It would help ensure that our Keiki learns water safety early.

Visitors understand the risk of our ocean and that our communities have the tools to prevent emergencies beyond before they happen. Enjoying time in and around the water is a big part of our culture and in our daily lives. It's all our responsibility, our Kuleana to protect our communities, our and all who enters our waters. I humbly ask your support in this measure. Thank you very much.

Thank you. Sweet you guys. Thank you.

Thank you. Sweet you guys. Thank you.

Jessamie Townhorner on Zoom.

Yes. Aloha. Thank you for hearing this resolution. My name is Jessamie Townhorner. I'm the co-founder of the Hawaii Water Safety Coalition, the executive editor of the Hawaii Water Safety Plan, along with Allison as the lead writer and also Sarah Fairchild.

I'm also right speaking as mainly a bereaved family member and an advocate in this space for almost ten years. I share in my testimony my family's story. My last Mark and Mina, my husband and youngest daughter at the Makapu Tide Pools in 2016, and I truly believe they would be alive today had there been proper interagency coordination in the case of an extreme storm event offshore.

So over the last almost ten years I've done everything I can to ensure the other family members do not go through what I have and we have made some amazing momentum. We, I wanted to highlight that we are at a pivot point in this advocacy.

The resolution is the next step of implementing policy level support for state and county leadership to collaborate with the coalition and with each other on implementing these core initiatives and to work towards budgeting for them eventually or within their existing departments.

For instance, I share my testimony that I worked for almost a year at the Department of Health EMS injury prevention system branch, where I was able to initiate many of these initiatives including that there is a full time hire now in charge of drowning an aquatic injury prevention which is a big win. We also have a statewide campaign in the works. So I know that having someone in place does make a difference, but we have a lot more to do.

I did find it was hard to make statewide change from within that lower level position, we need to have that top down mandate so that the department heads are going to take an active look at how to move things forward.

For instance, within that branch, the injury prevention manager position has been vacant for many years and I'm not sure that they're actively recruiting for it and that's critical to continue to get this work done and to advocate for budgeting for drowning prevention. Currently, funds are allocated in that department from the trauma funds where EMS needs are prioritized and even that budgeting category is not adequate for EMS. So there needs to be a budgeting solution. We know that injury prevention works.

And the good news is we are well positioned to move forward with the new initiatives underway, lots of community support and national recognition for our efforts.

Thank you for your time.

Thank you. There are numerous other individuals in support, but is there anyone in the room that wants to testify on this? Go ahead, come up, state your name.

Hi. My name is Aubrey Jones Owens, and thank you so much for your time today. I just wanna say that I'm a lifeguard here in Hawaii, and I see what can be done as we come together for a community and a state to help support this. Yes. It's great that we have lifeguards that are on the beach and doing our, you know, preventable actions, but we could come together as a community to make changes for Hawaii to protect our kids.

And we can make a change by stopping that the leading cause of death for kids in Hawaii ages one through 15 is drowning. And this is a great step forward and I would appreciate your support in that. And thank you so much for your time.

Thank you. Anyone else want to testify? No? Nope. Don't be shy.

But I see you all are junior lifeguards. Thank you for being here.

Yes. Go on. They both just testified regarding the first responder bill, and we are just so proud of them as young people and another for bringing them here, and they both are junior lifeguards. They respect Yes.

Very familiar. Their service to our community and being willing to speak out.

Thank you for giving me Thank you for being here. Okay. Anybody else? Okay. Members, any questions?

Just one question for you, Allison.

Thank you for sharing your life with us. I'm gonna get a copy of that plan.

Do you need one else? I have one right here.

You asked if you should have gotten one

last time. I think I saw it.

Yeah. But, I have

Thank you, Chair.

I, I feel taking that to your, thank you.

Thank you so much. Thank you. Kalani, I have a question. Sure.

Thank you for still working with water safety on Kauai. You have your answer. How is that going?

Watch it, but episode eight on chief of war.

Yeah.

Unfortunately, I got sacrificed right off the bat. So I don't know if you're gonna be calling me back again for the next season, but it was a great opportunity and a great experience to work on this wonderful film.

Thank you. And thank you for all your

Which, Darcy? Did you play? Actually, I

didn't have a name because I asked the the producers. I was playing a spiritual priest of the king of Oahu. And through all the records that they went through, they couldn't find the spiritual priest's real name, so they named it Kalani. Yeah. Right?

They could be. Yeah.

So yeah.

There was no name. I just played the spiritual priest of the king of Milwaukee. But thank you.

This is very relevant to the Brazil.

Yes. Sorry. We

Right. Thank you.

Alrighty. Okay. Let's move on, members. We are now on HCR65, HR62, requesting the DOT and DO DLNR to coordinate the transfer of small boat harbors back to the Department of Transportation and to to establish a management team to develop transition plans. First up, we have oh my gosh.

Because I have so much on the last one. Hang on. One 85. Dylan. Dylan.

Aloha Chair, Vice Chair, Committee Members, Megan Statts. I'm the administrator for the division of boating and ocean recreation. The department stands on its written testimony offering comments. Thank you. Okay.

Thank you. DOT, it's on Zoom. Is he on Zoom? Okay.

Hello, Chair, Vice Chairs, Members of the Committee, deputy director for the Department of Transportation. We stand on our written testimony and strong support. And I'm here for any questions. Thank you.

Thank you. That's all the people I have registered to testify. Anybody else wanna testify on this measure? No others, members' questions?

I have a question, I guess, for DLNR. Thank you. So at first, when I was reading this, I was a little bit concerned because I always imagined the prime directive of DLNR was more about protecting our natural resources and seeing a boat boat harbors as being a, a pathway towards, a lot potential damage to our environment. Whereas a Department of Transportation, I would imagine their prime directive is making sure goods and people through space without necessarily that kind of mission of protecting, natural resources.

So the small boat harbors were under the Department of Transportation. It was transferred out for for many years. It wasn't until 1991 that it got transferred into Department of Land and Natural Resources along with 12 other mandates. And we're as our testimony states, we feel that it's better for us to be doing the ocean recreation management, the boating education and safety, which also kinda ties into drownings.

We do have boating accidents where people do drown. I mean, accidents and things like that that happen.

Ensuring commercial operations are operating safely on the ocean waters, user conflicts. That was where we feel for DLNR that we're better served that way, dealing with our ramps where our recreational boaters are launching on a regular basis. DOT has, you know, was operating it for many years prior to DLNR. We feel that that could be a possibility as well moving forward.

But I am sorry. I wasn't able to go back to the record to find, to look at the legislative history about why it was transferred. And, you know, this committee has seen, other bills and resos come forward kind of, describing harbors that were built that created a hardening and now damage to the, private property of homeowners or businesses along the shoreline.

And I'm wondering, was that part of the reason why it was moved so that there was a greater awareness of the impact some of these smaller boat harbors might have on the environment? Do you mean

Honestly, I can't I wasn't here in '91. I came over in '95. That was when I first started at booting. So I I don't have any of the historical knowledge. I don't know if Tammy has any of that either.

I guess, can you assure me is there any assurances that moving forward, if this transfer does happen, that there'll be a great, as much awareness or greater awareness of of protecting our environmental, our natural resources, as we move forward?

Representative, thank you. That was a good question. For us, I mean, you know, our purview will be what we do best, and that is to project delivery on our infrastructure.

You know, I think conversations in the past, maybe, beginning a year ago, was that the policy decisions and all of the recreation and the sustainability and, as you say, the resilience would be with, Department of Land and Natural Resources and that for us, you know, I think just looking at the organizational chart and how I I think the current staffing is, I mean, we have some ideas on how we can deliver projects to improve the infrastructure.

Okay. The the only positive thing, and correct me if I'm wrong, it does appear, that the Department of Transportation projects get, are better funded than DLNR projects. Is that part of the reason for the transfer? It just feels like money from both the the, executive branch and the legislative branch seems to flow more fluidly to the Department of Transportation than DLNR for capital improvement projects?

Well, I would say oh, go ahead, Tammy. Sorry.

No. No. No. Go ahead. You go ahead.

Well, I I think that we have gotten a lot of capital improvement project funds throughout the years. We have done hundreds of millions of dollars of capital improvement projects. You know, we do our best. When it was transferred, there was, you know, $300,000,000 in deferred maintenance. We didn't have a lot of the staffing that came over, plus all the mandates that we also have that we're not able to keep up with.

Right? So, I mean, I I would say we do get it, but DLNR only gets a very small percentage when it comes to capital improvement projects and monies from the legislature.

So Compared to the Department of Transportation, which is why I I do see this as a as a positive move for that reason. Again, my only concern is the environmental impact that might Sure. But you'll keep an eye on them.

Okay. Questions? Yeah. She needs a go ahead.

DLNR. Thank you. So as far as, staffing, would you envision the current DLNR staff to transfer over to DOT as part of this?

I think that's part of the conversation that we've had over the last year, so that's something we still need to figure out. I think the fact that we also have all these other mandates in basically overseeing the ocean from the high watermark three miles out and overseeing user conflicts and all the activity that goes on there, we're still gonna need the staff in order to take care of all of that. So I think that's part of the the idea in creating this transitional plan.

What works for DOT, what works for DLNR, what's best, honestly, for, right, the division of boating and ocean recreation, and what we're able to provide to our community.

Thank you. Thank you. Yep. You, chair.

Okay. That's all the questions. I have okay. Go ahead.

Okay. Go ahead.

I got a question for DOT. A lot of DOT projects are there's a federal match, like highways, it's 8020. Oh my gosh. Oh. I stole the vice chair's question.

So there's a lot of for the Department of Transportation, there's a lot of federal match. If the harbors were under Department of Transportation, would you get a 8020 match like other projects that you have?

No. Generally, no. I think, you know, we would continue to have that voting fund, special fund, and any improvements that don't have a nexus to maybe if it's something where there's a highway road that we can be federal participating, then I think that would maybe wouldn't we would be able to use federal funds. But for the ramps and anything that is not on the highways, we would be using the boating special fund to do improvements.

Do you get federal matches for your large boat harbors?

For our commercial ports, there is no federal nexus like the FHWA for highways or the FAA for airports. It's all special funds except recently, we've been very aggressive in applying for and being awarded discretionary grants. So Harbors does have federal discretionary grants, but there is no federal formula program for Harbors, the commercial ports.

Can I follow-up on that? I know at our boat harbor on Kauai, there was federal money on the breakwater. Is that possibly something that would qualify for federal funding? Any breakwater that goes around the harbor?

Representative, I am not, sure, but I will follow-up and let you know. I know that for some small boat harbors, there is a transit nexus, and so Federal Transit Administration funds can be used. The one that comes to mind is, the Lahaina Boat Harbor Administration building, and I think it's appear that, we were able to pass through Federal Transit Administration funds to the Department of Land and Natural Resources, but I'm unsure about the so I will follow-up in the chat.

Thank you. I think there is potential there, but that's what this reza will do with that discussion. Right? Yes. Thank you.

Any other questions? No. Okay. Let's move on. We are now on let me see if I'm on the.

HCR 174, HR 164, requesting the State Auditor to conduct a performance audit of the Hawaii State Building Code Council. First up, we have... Oh my goodness. No one says they're gonna be here. But DAGS in support. Okay. Office of the Auditor with comments. Oh, I'm sorry. We do. Ted Kefalas, Grassroot Institute of Hawaii. You are here? No? Okay.

He's in support. And then Stefanie Sakamoto in support. Okay. Seeing that there is no one here to ask questions of, let's move on. HCR 178, HR 168, urging Department of Land and Natural Resources to prioritize issuing a water set aside to the County of Maui through an executive order by the governor to support the management of public trust water resources in East Maui.

First up, we have is in support DAGS. Ted Kefalas, Grassroot Institute of Hawaii, who is not here. Stefanie... Wait. Am I on? Lauren Yasaka, DLNR. Not here. Do we have anyone on Zoom? Jonathan Likeke Scheuer on Zoom? Thank you. Sorry about that.

Sounds like Scheuer or rhymes with lawyer.

Scheuer. Okay. Thanks.

Aloha mai kākou, Chair and Members. Jonathan Likeke Scheuer. I am the Chair of the `Aha Wai o Maui Hikina or the East Maui Regional Community Board, which is the oversight body for the East Maui Water Authority. I'm offering this testimony as an individual. I would just urge you to pass this resolution.

I could go over in great detail the efforts that have been made over the past many years for Maui County at the behest of Maui County voters to take over management of the East Maui irrigation system to better serve all of the entities that benefit from that water, including the private entities and the county.

But I won't go over that in detail now. I'll just urge you to let the legislature stand behind the people of Maui who say that the single largest water system on the island should actually be controlled by the people of the island. I'd be happy to answer any questions. Mahalo nui.

Thank you. We also have on Zoom Shay Chan Hodges.

Aloha. Thank you. Thank you for the opportunity to testify in strong support of this important resolution. My name is Shay Chan Hodges. I am the former Chair of the Maui County Board of Water Supply and co-author of the 2019 temporary investigative report, which studied the feasibility of purchasing and maintaining the EMI water delivery system by the County Of Maui.

I'm also currently a consultant to the East Maui Water Authority, but I'm testifying on my own behalf. I strongly support HRC 178, HR 168, which urged the DLNR to prioritize issuing a set aside to the County of Maui through an executive order by the governor to support the management of public water resources in East Maui.

A set aside to the County of Maui for water resources in East Maui advances the County of Maui's directive in managing our public water resources through a public institution in the interest of the public and guided by the purposes of the public trust doctrine.

That public trust doctrine is best served by county and state entities and cannot be implemented by a profit seeking foreign investment fund. Mahi Pono Holdings is owned entirely by the Canadian public sector pension investment board known as PSP, which is a $214 billion crown corporation that invests the retirement funds of Canadian government employees.

Even the union representing PSP's 240,000 member beneficiaries has urged Maui leaders to reject PSP's involvement in a long term water lease, citing harm caused by PSP's extractive investment practices. And PSP's track record illustrates these risks.

In Australia, during a devastating drought and fire season, PSP bought and privatized water infrastructure in the Murray–Darling Basin and became the nation's largest almond producer, a crop notorious for excessive water use. In Toronto, tenants of PSP owned apartments endured unsafe conditions for years before finally winning a health and repair settlement after a lengthy rent strike.

And even here in the US, Minnesota's Attorney General secured a $4 million penalty against PSP's HavenBrook Homes for gross neglect that endangered hundreds of families. Here on Maui and throughout the state, corporate control has too often meant deferred maintenance, environmental damage, and disregard for cultural values.

Just this month, we have seen the potentially devastating impacts of corporate owned water infrastructure on the North Shore Of Oahu. I strongly urge you to pass HCR 178 and HR 168. And I would also like to note that there are many people in East Maui who may have wanted to testify today but could not due to various other infrastructural issues.

I'm not sure if there are still folks without power in Hana, but I do know that as of last Friday, residents of Ke'anae and Wailua Nui still had no Hawaiian Tel service, which impacts their phone and Internet access. Luckily, they did not lose their power. Mahalo for your consideration and for all your hard work to serve the needs of our citizens.

Thank you. Okay. Anyone in the room wanting to testify on this measure? Okay. Seeing none. Members, questions? Yes. Oh, I'm sorry. We have one more. Sorry. Gina Young.

Aloha, Members. Thank you for this opportunity to testify. I'm Gina Young. I'm the Director of the County of Maui East Maui Water Authority. I want to thank you for taking up this measure today and for all the work that you do.

I'd like to let you know that we strongly support this measure. A water set aside to the County of Maui does advance the directive that our voters put forth with the charter amendment in 2022. And then I also just want to state it's not a controversial resolution or idea.

Back in 2021, when the council was first looking at this idea of the charter amendment and setting up the East Maui Water Authority, DLNR officials informed us that the government would have first consideration in a set aside. And then also I know you heard some testimony recently at your one of your last hearings with the same comments from DLNR. So we hope that you support it and thank you for that.

Thank you, Gina. Okay. Rep Poepoe, you have a question?

For Jonathan. If you're still there. Aloha. Thank you for your testimony. I just wanted to clarify in your written testimony you did suggest two amendments, and I wanted to make sure that you still support those being incorporated.

Yes I do, Representative. One was a clarification of the enumeration of public trust uses based on the testimony of the Deputy Attorney General at a previous bill related to this matter. And the second was suggesting that you omit the word water from set aside.

Since actually it would be some of the real estate assets along with the water that would be set aside to the county that basically the ditch system and the land underlying the ditch system and any rights and easements that the state currently has in previous agreements between East Maui Irrigation and the territory or state of Hawaii.

Okay. Thank you for the clarification.

Thank you. Any other questions? Okay. No other questions. Let's move on.

We are on HCR179 HR169 urging the Ahamoku advisory committee to follow its adopted rules of practice, fulfill its statutory duties, including complying with the sunshine law, conduct a performance review of its executive director and established policies to assure consistent standards of administrative and managerial accountability. First up, we have let's see. Do you have any more pencil? Okay. I don't have you on my list, I think, but come on.

Come on up. And state your name, please.

Aloha, Chair and Committee Members. My name is Leialoha Rocky Kaluhiva. I am the state chair of the [unintelligible]. I want to hear minutes from the last the three poovalos that they had to make us to make up the ahamakou. And I would like to just read the sentence, and I'm gonna give it to you.

To put this ahamo this poovalo meaning was to provide our native Hawaiian practitioners a forum to discuss their traditional practices and to facilitate incorporation of this information into core educational systems of Hawaii, as well as integrating these practices into the framework for resource conservation and management in Hawaii. The anticipated outcome of this conference would be consensus toward a structure, including the necessary protocol that would incorporate native Hawaiian traditional knowledge into a framework for consultation.

This consultation would per protect natural and culture resources, protect the cultural integrity of the host culture, and ensure community participation. Discussion centered on existing programs at the time, their successes and challenges, and how the integration of local councils can assist in community capacity building, improve statuettes and ordinance, and framework for community consultation using the Hawaiian perspective and traditional method. At present time, we are working on writing out our rules and regulation, but I cannot support the way the proposal is written.

As the way this proposal is written is bringing us right back into working for the Department of Land and Natural Resources. We are an autonomous, it's an organization that represent the people. So I have to go on it, and we are working on it. Working with some of our senators, we come out with a plan to make a write up a plan, rules for you guys to see. So I'm I'm open for questions.

K. Thank you. But thank you. Anyone else wanting to test?

Five minutes. I just need one copy. He goes running from all the previous provokes.

Aloha mai Kaku. I am Kawai Kapu Ocalani Huwet, and I am one of the original founders of the Ahamook along with many other Kupuna. And I serve now as a volunteer to bring prayer and spiritual guidance to the movement of the Ahamoku. The Ahamoku was founded on IK of Kupuna. I want to stand on that ike of Kupuna.

It was to bring forth the voices of the Kupuna and the knowledge of Kupuna to guide the future of our people. It was not to be a state entity or agency in that sense. I think we have enough. We have the Office of Hawaiian Affairs. We have d DHHL and other entities.

It was Kupuna gathering knowledge from their different in an A gathering to, again, bring those voices forward of the people, so we could work together and provide the best possible outcome for all of our future. So I oppose and I stand with, Leo Kaluhiva and Vikas. Being the, spiritual adviser, this is my stand on the, and I thank you all for your time, and I thank you for listening.

Thank you.

And I'm here for your questions.

Anyone else wanting to testify on this measure? Seeing none members questions, reflect void, please.

Are, interrupting? It's You testified to the Ahamoku being Ahamoku advisory committee being autonomous from the DLNR.

Are, interrupting? It's You testified to the Ahamoku being Ahamoku advisory committee being autonomous from the DLNR.

The Ahamoku Advisory Committee is administratively attached to the DLNR?

Yes.

And is funded through general funds from the legislature to the committee?

Yes. If you read the minutes from all of the...it was signed by all of the legislators at that time and all of the other agencies involved.

So, being that it receives funds from the state, it's administratively attached to the DLNR, there, it maintains an office in the DLNR Building. Would you still consider that autonomous?

Yes. If you did that— come to our office. Come look at it. Have you all seen our office? It's a storeroom in the back of the kitchen.

You can fit three chairs in there.

Thank you. I.

And the good part about it, it has a door. So, now Kupuna come, you can talk in time. Yeah.

Thank you. I did, try to send a staff member to the office to look for the records that I requested from the Executive Director the last time, and, unfortunately, no one was there. But I think based on how it's set up, it is not autonomous in the sense that it is attached to an agency. So, whether we like it or not, it is not autonomous from certain laws that apply to state boards and commissions and committees.

Got it. Okay. So, we are not working with the—we work, we work fine with the Department of Land and Natural Resources. We're very good work with them, not for them. We work—we have the support of the Office of Hawaiian Affairs.

Fine. We're not a state agency. And why is it that we have—we go by the Hawaiian mythology, Hawaiian ruling. I'll give you a for instance. I have—no offense to anybody.

You guys have attorney generals. The city got corporate councils. When you make a decision, let's go to city attorney generals. How can we get around? Let's find a loophole.

We have no loopholes. We constantly—our, our commitment is to Akua with our Kapuna. We are constantly finding pukas with the loopholes because they're going around the laws to find a law to, to always because in a part of the issue. We wanna incorporate, you know, everybody's talking Hawaiian. They sign that.

Do they really understand what's happening? Our people are getting kicked out kicked out of everywhere. What we're doing, bringing the voices far about Kupuna. Those voices have never been heard before coming out. And I'll give you another for instance.

There's a meeting that can consist of the Ka'u Planning Committee. Had we not helped the kupuna from Ka'u get on that planning committee through the, what the process that we had to go through, there are the agenda for Department of Land and Natural Resources. We help them to get there. The Ka'u people, not like us, they don't have all of the equipments. And to tell you the truth, my computer is my phone.

To get these papers done, I have to send it to somebody. Can you please make these copies to give to the to let you guys see what minutes I'm talking about? And that's what the capacity we're working in. Big money. This is...

You wanna come and get it. Check what's going back to the DLNR. We're getting VPRA executive director. She could—she does 622...by herself. I'm a volunteer.

And, you know, we're sitting, we're making rules. We're working, we're working very good with our senators. We complied with what they wanted us to do. We're making ruling, but not the same rules of the DLNR.

So, the AMAC is, according to the statute, required to provide reports to the legislature, which is, I think, one of the main tools we have to review annually to be able to justify continuing to fund the Ahamoku. So, there is a significant absence of reports submitted to the legislature. So, I'm wondering if the Ahamoku reviews reports annually.

I'll give you another for instance. We've been trying for years now—this is years—to get a meeting going with all of our Moku people together, asking the funding, we have the funding there for us to bring our people here or we go to them. We've never given the funding. How can we have a meeting together?

Well, that would be the responsibility of the Executive Director to organize this.

Exactly. And we've been helping her to try and get the money. I could tell you.

Been years.

Yes.

So, do you—what is the budget of...?

Budget rate for now for is $286,000. But look what's put back.

But what is...

Cannot use it because they don't allow us to use it. We cannot keep begging. Can we—I can give you a for instance. Kapai Kapai and I went two years ago to Kauai. Kauai Council invited us to come because they wanted to know about the Kapai and the Kapai analysis.

We paid it out of our pockets. To today, we did not get our reimbursement two years ago.

So, how much is going back into the bud—going back?

You gotta check on it. I'm not, you've been doing it.

How does the...advisory committee develop, approve, and track the budgets?

I have not been tracking it because I'm a volunteer. I don't get paid for nothing except when we get a request from the council. Not right now, like, Hawaii. Now, they're using the Kapaaqai analysis in the decision making. And, but I'm telling you, we're not there to track monies.

That's not our style. But the point is we're working on it right now because you guys are requesting it. We're tracking money. So, we get to use our monies, so.

What is the salary of the Executive Director in the budget and how does the Ahamoku Advisory Committee approve the salary?

When I first became your Ahamoku, when I first started, I had no idea, no dream that I'd ever be the aunt of the chair for anything. I went to meetings with my husband. My husband, who's a pure Hawaiian, was meeting with...the chair at the time was the school of lawyer. And he asked the question to DLNR. What is your—what is your salary for this position, for the position for the DLNR?

Why can't our Hawaiians get the same kind of salary? Uncle Lester, I was there at the meeting because I had—I went with my husband. He said, if the DLNR reps is getting that salary, why not give the Hawaiian the same thing? So, that committee before me set the salary for the chair at the time. And she worked hard verbally.

Anyone in this room, tell me if you're gonna write for 622...46...for yourself? But I'm there to volunteer verbally and not no written stuff. I'm not getting paid for it.

In the 2025 report, I believe it was around seven to 10 provided testimonies for the 202 year, but I didn't—I wasn't able to find a record of the committee actually approving the report.

For the 2025 year, we gave our Executive Director—I'll tell you why—that she was in hospice with her husband, and her daughter had just got a stroke. Her husband has recently died Christmas. This Christmas, this past Christmas. Her daughter is still surviving from a stroke. She goes home and has to help her daughter to get into the shower.

We, the whole moku from the whole state of Hawaii, gave her a break for that year. Why are they keep throwing stones at that...?

I think this is, you know, that's really unfortunate situation that I was unaware of, but there's still some just accountability things that have persisted for the past decade that I think are, you know, just trying to improve the clarity around it.

Good point.

Like requiring the sunshine law.

We're gonna improve it.

Yeah. So, actually, the rules of practice.

I don't think we broke any Sunshine Law. Consultations is not—we have not had a meeting. Hawaiian methodologies, they're asking for our consultation. We're consulting with them.

Yeah. Advisory committees of the state are required to follow the Sunshine Law, unless I believe you're explicitly exempted.

We're not a state entity.

You are. We can agree to disagree, but it is.

That's how we get along with the other...

It is a part of the state and an advisory committee to the state. Okay. Well, I do believe the committee is required to follow the Sunshine Law.

So, we're working on it.

And the rules of practice, and yeah.

I guess I can leave it there.

But thank you for that attention. But it being that you brought it too late, we are working on it. We have been speaking with some of our senators. We'll be working with them on this, and we'll come back to you on that.

I look forward to attending a meeting of the AMAC.

Okay.

Okay. Rep. Belatti has a question.

Give us the funding to bring out.

Hang on. Stay there. Stay there.

I'm just trying to understand what, what senators are you working with?

Pardon me?

What senators are you working with?

Well, we spoke with Senator Richards because he's, he's a Hawaiian Affairs. And Senator...who's a Land and Water. And now, we gotta meet with all of—that's the thing, to get our people together. And I'll give, give you another, for instance, the island of Kauai. I don't know if you guys are familiar with uncle Tommy Hashimoto.

No. He was a representative, the Moku rep...Kauai. They called the meeting one year and he is alive. He came and paid it his own money, spent over $500, bought auntie Annie with him, reached Oahu and then decided to cancel the meeting. He didn't even wanna stay because he spent over $500 because he wanted to make it a nice night with auntie Annie.

Taking him back to the airport, seeing tears coming out of that man, that's the hurting part, and that's how we're being treated.

One more question.

One more question. So, I hear that there's a desire to have more rules and more under—and, but, but what I'm what I wanna ask is, has the DLNR ever, in really good faith, said to you, here's $10,000 to be able to convene and so, that you could get this ball rolling, have they ever in good faith ever offered that?

Well, of all the chairs, I would tell you the one that treated us well was actually William Myla. When we first got it, they gave us cards and said, you know, I'm, I'm okay. The next year came and said, you cannot have the cards to read. I'll tell you, I never used it anyway because I never wanted our coupon until now working. They're thinking I'm working for DLNR, showing the card.

They don't you know, actually, it's a matter of trust. Our, you know, the state has lost the trust with our people, and we're trying to bring the trust back.

So, okay, one more follow-up question.

So, that's what I, I guess I'm, I'm, I know and I sense and we see from some of the testimony that there is a desire for more structure. But maybe a first step, and in this process as you're talking with the senators, is to have DLNR come to the table and, and offer up a budget to be used to actually have a convening so that you folks are not out of pocket. Because what this sounds like to me is so much often of what state agencies do. They promise things.

They drag their feet with, with people who are working for the state, and then they ask people to cover expenses, and then they, they delay in payment.

I completely understand your frustration with that. And no kupuna should be having to outsource that kind of money if what you're trying to do is an actual convene. So, I think there needs to be work on probably both sides. And, and is that something that you could do? That's my question.

Is that something is that a process we could initiate?

The funding is there. It's letting loose of the funding so we can have these meetings instead of coming out of our pockets. And, you know, Limana did order, you know, laptops for you know, to give to each of the poor for each island. We've sorted to come back up. We can do this.

He wanted it back. He said, I don't wanna touch it. She had to give it all back. Funding we cannot use, you know?

Yeah. I mean, and that's, that's not right either. So, I, I, I hear you, auntie. Can I just ask one more question? Is there anyone from the Department of Land and Natural Resources here to be able to tell us how they're treating these individuals who are administratively attached to them? Maybe we need to have them come forward and explain.

It's very challenging. It's very hard. You know, we're volunteers. We're not getting paid. I'm...on a set budget.

You know, it's kinda hard. You need to be reimbursed.

Okay. Thank you, auntie. Thank you.

I have one point.

A quick follow-up based on that questioning. From my understanding talking with the department, it is not so much that they are withholding funds then, that the Executive Director maybe does not know how to access the funds. And so, that—I'm, I can't speak for past administrations, but with this administration of the department, that has been my understanding that they have not properly accessed the funds.

And I think one of those things is that it's kinda questionable about if the committee doesn't actually approve a budget, should they be expensing funds if they don't have a budget that the committee actually approved? So, I think that's one of the questions around the budget and I will follow-up with DLNR to try and get them here for the next year. Sorry. Not a question. Sorry.

I know our issue, how it appears to address them.

Hawaiian's meaning in a KAKO thing. KAKO is working together. DLNR is, you know, got to talk with us.

That's why we have this.

And then, people are just trying to find fault after fault after fault for our executive directors. I think she's done a terrific job.

Yes. Okay. Thank you. Thank you. Okay.

One, one question in, Chair.

Go ahead.

I'm sorry. You know, I respect your...that you bring, and my, my question is, you know, we all getting old. Yeah? I mean, do you have, do you have like, for the next generation coming up?

Yes. Right now, you know, the Kanieniwe Bay, we have our, sort of like our own authority. I have my son that's on the Kanieniwe Bay Regional Council. I have another son that comes with me now.

Speak on him and spoken to him. He comes to me to the Ahamu community.

Okay. I just, I just wanna.

Hawaiians, you know.

Yeah. Thank you.

You have the—it's a genealogical term. You've passed down. Right now, we, like, we've planned for seven generations ahead of us. We're really trying to pass the baton down.

Even with our executive director, we're looking we're looking into that.

Thank you. Thank you so much.

Thank you. Thank you. We have to move on.

Thank you, Chair.

Okay.

Well, let's move on to HCR 91, HR 83. First up, we have DOFAW. Heather, she's not here.

Yes. I'm here on Zoom. Okay. Aloha mai kākou. Heather McMillen, urban and community forester with DLNR DOFAW. We are in strong support of this measure. I'm happy to answer any questions, provide detail, but very enthusiastic. Thank you.

Thank you. DOE, Keith Hayashi. I don't think he's here, but he said he would be. Kris Coffield.

Switching hats. Aloha. I'm Kris Coffield. I'm the Policy and Advocacy Associate for the Hawaii Public Health Institute. We're in support of this resolution. It's getting really hot out there. And as any of you know who stepped on concrete in your bare feet, it can be very, very, painful. On a sunny day, an asphalt playground can reach a 150 degrees Fahrenheit according to some studies.

Trees can actually reduce temperatures by 20 to 40 degrees. They can have a significant cooling effect on our outdoor environments, particularly where our keiki are. On classrooms, by the way, they can have an impact that goes up to 10 degrees, cooling impact of up to 10 degrees. There's this widely cited 2018 study from the National Bureau of Economic Research.

They analyzed 10 million US students and found that for every one degree Fahrenheit increase in school year temperature, student learning, if you're looking at student growth percentile, decreases by about a percent. So it's like a one degree increase above 80 degrees, you're losing 1% in student growth percentile. As you know, heat reduces attention, memory, and concentration.

And shaded outdoor environments also encourage physical activity because shade reduces heat and stress, provides more thermal comfort, and kids can play outside for longer periods of time without getting heat related illness. So we would, I'm gonna steal a line from Heather from DLNR. But trees are not just landscaping. They're essential climate infrastructure, and we hope that you will move this measure forward. Thank you so much.

Thank you. No one else is on Zoom or the said they'd be here to testify. Anyone else wanting to testify on this measure? Seeing none. Members, any questions?

Let's move on. HCR103 HR95, affirming support for the expansion of programs and protects that programs and projects that increase tree canopy coverage. First up, we have DOFI again. Heather, are you still there? Oh, there you are.

Yes. Still here. We stand in strong support of this measure. Happy to answer any questions from the committee. Thank you.

Thank you. Chris Coffield.

Chris Coffield from the Hawaii Public Health Institute. Once again, and very quickly, urban areas are experiencing heat islands. Urban areas are several degrees hotter than nearby rural areas. The increase of heat illness and energy costs and climate impacts is getting worse, particularly in urban areas. And there's studies that show that a single tree can reduce surface temperature by four to 314 degrees Fahrenheit, which essentially makes trees natural air conditioners.

Cities with about 40% tree canopy coverage can be seven to 10 degrees Fahrenheit cooler overall. Trees can also impact, help to absorb carbon dioxide, reduce energy for by shading buildings, improve air quality, or reduce stormwater runoff. So again, they are essential climate infrastructure. And just like the last resolution, we hope that you will move this this measure forward as well.

Thank you, Chris. Anyone else who like to testify on this measure? Seeing no others, members questions? Okay. Let's move on.

We are at HCR115, HR107, requesting office of planning sustainable development and consultation

with the Hawaii community development sustainable development and con consultation with the Hawaii Community Development Authority to conduct an assessment of projected maximum infrastructure capacity around TODs. First up, we have, Mary Alice Evans or her designee.

Aloha, Chair, Vice Chair, Members of the Committee. Diana Sentance with the office of planning sustainable development. OPSD stands on its written testimony offering comments, and I am available for questions.

Thank you. Thank you. We have no one else here listed to testify. Anyone else wanting to testify on this measure?

Seeing none numbers, any questions?

Question.

Yes. Go ahead.

OPSD. You know, when you say insufficient infrastructure capacity, obviously, that, you know, is underground utilities and so forth. But besides the connecting, infrastructure to the main, it's a water source or, sewer, plant. Would you be able to comment on those major capacities?

I don't have any information in front of me about the specific infrastructure capacity and for certain kinds of infrastructure and in what areas. But we do generally know that we don't have enough capacity to be able to handle the developments that we do want want to be able to do in Hawaii.

So saying that Are are you saying that we we should stop development because we don't have that capacity?

I'm not saying that we should stop development, but we should see where is infrastructure insufficient and be able to direct investments towards those areas. So increasing the capacity of wastewater treatment plans, building more roads, whatever it may be.

Is the appropriate department to, bring forth that information to, coordinate that kind of planning?

I think we're well suited for this coordination. And in our testimony, we did note that we are currently working with h HHFDC and HCDA on plans for a housing suitability map to be able to assess site level constraints, and to be able to build, I guess, a roadmap for where are the areas that we can build more? Where do we need to have more investments and just try and accelerate housing production?

So it's an ongoing discussion. Yes. Okay. Thank you. Thank you, chair.

Any other questions? Okay. Members, this last, resolution, HCR199, HR189 is a joint with PBS. So we are here with Chair of PBS. It's requesting the president of The United States to return to the state all recreational facilities on Hawaii public lands that are no longer required for the defense of The United States, including Porto Rousi and the Halico Hotel pursuant to the Hawaii admissions act and as further required by public law.

First up, we have OHA. Thank you for

Aloha mai kakou. Nielo Abloyo with the Office of Hawaiian Affairs. OHA stands on a written testimony in support with amendments of HCR199 HR189. OHA agrees that lands that no longer serve a defense purpose and are instead used for recreation are surplus and should be returned to state of Hawaii under public law 88 dash two three three and added to the public land trust for the benefit of native Hawaiians and the general public.

While an inventory and assessment of the fair market value of lands currently held by the US military is important for both state and OHA, The Public Land Trust Working Group cannot support tasks beyond its scope of work set in law, which is the public land trust lands currently held by the state.

Another body with its own funding should be established to complete this important task.

K. We have, Melanie Adumha, environmental caucus of the Democratic Party in support, but not present. We have we have someone on Zoom. Yep. No one on Zoom.

Is there anyone else wanting to testify on this measure? Seeing no other testifiers, Members, questions?

Question. Oh, please. I'm not sure if you're able to answer this question, but in this, resolution directs the president of The United States. Just wondering if you're aware of the the process of how it would happen if it's solely with the president or is it a, Congress and and, quote, Federal Government, branch that is responsible for this.

So we we addressed this in our written testimony, but, didn't highlight in our, but basically, in the existing public law 88 dash two three three, it is actually the administrator of general services who makes the determination of what is surplus lands, and then that's the administrative process for how federal lands would return to a state. So there is a an existing mechanism.

So we do also recommend that instead of the president, you you say you specify what's already in statute, which is the general, the administrator and general services. Sorry.

I'm not gonna read you.

That's okay. Any other questions yet? Rep Ichiyama.

Since you're the only one here, I wanted to get a better understanding of how that to follow-up on question, how that process works?

That's a great question. I'm not quite sure myself either personally. I can get back to you with that information, on the conveyance, but I I it's my understanding that through that law, they would identify the surplus lands and then return that to the state. Yeah.

And then would it be returned to a a particular state agency?

I think just because these are lands, I think it would be returned to the state, and then it would be up to the state to figure out which would be the appropriate agency to it'll handle that administratively. So I am I would imagine that it would probably go to the LNR as our our land agency, but I I can get back to you with that for sure.

Okay. And then, I guess I would just be, concerned because it does just talk about recreational lands, but former lands that were used by the mid military. And I'm not sure if there might be existing environmental conditions that would need to be remediated. And would the cost then for the remediation be covered by the state or by the Federal Government?

That's a great question. I'm I'm not sure as well on that, but I think that would probably be something that would be negotiated in that process of the the Federal Government returning those lands.

Okay. And then one last question. Go ahead.

The resolution asks or or encourages the attorney general to pursue litigation for return of these lands. I don't know. Is that something that OHA has taken a look at?

I do not believe that we've taken a look at that at that part. We're just more, just of the the sense that lands that are no longer needed by the Federal Government, that our former government and crown lands of the Hawaiian Kingdom that were taken without the consent of the Hawaiian people. It's part of our our mandate to keep that corpus as intact as possible. And so if there's any opportunity for those lands to return to the state and potentially either be part of the

public land trust revenue that would trust revenue that would go towards OHA or be administered by OHA, we would be in support of that.

Understood. Thank you. Chair.

I have a question. I I'm just wondering if you guys are the organization that would lead in something like this.

So we we are identified as a receptacle for reparations for native Hawaiians, And I think we would we would be in tandem. I mean, currently right now with the negotiations happening between the state and the the military about and other military lands, we are named in the National Defense Authorization Act of one of the native Hawaiian organizations that the federal government should be consulting with. So we would be part of that process. I don't think we would be the sole agency part of that process.

It would probably be in tandem again with DLNR.

Of course. But, yeah, we would be as apart as these are plans from

I I just see that this is a bigger issue that we really need to address moving forward, but with a better plan. Sure. I'm just wondering if you will your agency would be able to help with that in the future.

Yes. We would we would definitely be willing to to assist on this issue as it's again, it's very important to us as well.

Thank you. Right. Kalani,

If the public land trust working group was fully filled, would the request for that group to be the one to agendize and request legislative funding for comprehensive independent appraisal, be the appropriate group to start to do that?

I'm not quite sure just because the, the scope of the land trust working group is on what already is within the state's inventory of public lands.

And this is outside of

the state. The scope. Yeah. That's, that's within law. I think if that was amended within the statute and again, the public land trust working group received proportional funding for that, that would be a possibility, but just currently, that's not part of the group's mandate.

Okay, thank you.

Nothing more. Thank you, Chair. So given how incomplete this resolution may be, how important is it to OHA if you are, as Vice Chair offered to take you the lead. How important is it that you get a clear indication from the legislature that we support this?

I mean, I think that, again, we'll support what has already been put into law on the federal side of we are one of the native Hawaiian organizations that this federal government needs to be negotiating with, that we need to have meaningful consultation with. That's already part of state laws, is part of the process again, you know, through the board of land and natural resources, when they're doing environmental impact statements, that's a really important process.

So I think that would just be reaffirming the fact that we are, you know, are supposed to be part of the process it's within state law that native Hawaiian and cultural interests need to be upheld to the highest fee possible.

Thank you. Yes. I'm here. Is there I don't know how to ask this. Is there any guarantee that the lands will come back to the land will come back to the state?

Because, like, Hawaii Loa went to Hunt and the Housing Development, former where is that? Biker Harbor? Went to a private developer. Is there I mean, what happened there?

I'm not as well versed on that as I think that happened before I was born. Apologies.

But it happened after the admissions act.

Yes. Apologies on that. But, I mean, I think that, again, would be something that in the process of if the Federal Government was willing to be returning these lands to the state of Hawaii, I imagine that that would be something within that negotiating process and those discussions of how that would look like. And, again, if as the state receives those lands, figuring out what would be the most appropriate way to administer them.

I have one more. Knowing that the benefits of the Federal Government to Hawaii in other areas, transportation, health care, food security, and all of the pay all that they fund to the state of Hawaii. Would you feel that this might affect

that collaboration? So we we do acknowledge in our in our testimony that, you know, we we don't want it potentially with the current political situation that we have with the Federal Government. We don't wanna inflame any relationships. You know, we do wanna continue to have a strong partnership. You know, OHA has had a strong partnership in in in the Federal Government again, as the name the Harabedian organization.

So that is something that we are concerned about and we wanna consider, as we work through these negotiations. That's why we say instead of the president, you know, the the administrator. So we we do wanna maintain that strong partnership and, you know, we yeah.

Okay. Thank you. Thank you very much for that. Any other questions, members? Okay?

Good job. Thank you. Yeah.

And we assess

You're the only one.

Okay. We're opening up for decision making on our 10:00 WaterLand agenda. First up, we have HCR 13 hr 15. My recommendation would be to take DLNR's amendments to move DOE as the lead, and the next committee can determine whether the education can do it or not. So, amendment.

Any questions, comments? Okay. Thank you. Okay.

Members, we're voting on hcr 30, hr 50 concurrently. Chair's recommendation is to pass with amendments. The chair and vice chair vote aye. Representative Bellati?

Aye.

Aye.

Representative Representative Woodson is experienced.

Aye.

Representative Iwamoto?

Representative Ichiyama?

Chair, your recommendation is adopted.

Representative Souza?

Aye.

Aye.

Representative Shimizu?

Thank you, members.

Now we're on HCR 61. My recommendation is to pass as is. Any comments or questions? I see none.

Okay. Members who are voting on HCR 61, chair's recommendation is to pass unamended. Noting the presence of all members, including Woodson. Is there any reservations or notes? Seeing none, chair your recommendation is adopted.

Thank you, members. Let's move on hcr 136 hr 128. There were no testimony on this these measures, but I'm gonna go ahead and move it through as is any recommend questions. Okay. Chair chair for the vote, please.

K. Members are voting on hcr 3136 and hr 128. Chair's recommendation is to pass as is. Are there any reservations or no's? Seeing none, chair your recommendation is adopted.

Thank you. For HCR 185 HR 175 Many support. No amendments needed, so we will pass this as is.

Any comments?

Comments? Comments? Comments? Question. Yes.

I understand the the intent of this resolution, and I I don't exactly agree with it, and it's something I will be voting NO on.

Sure. Thank you. Any other comments, sir? Okay. Check for the vote, please.

Okay. Members are voting on HCR 185 and hr 175. Chair's recommendation is to pass as is, noting the no vote for representative Shimizu. Are there any reservations or no's? Seeing none, chair, your recommendation is adopted.

Thank you. HCR 155 HR 147. Recommendation is to pass as is. Any comments? Any comments?

Thank you. Done.

Okay. Members are voting on HCR 155 and HR 147 concurrently. Chair's recommendation is to pass unamended. Are there any reservations or no's? Seeing the presence of all members, Chair, your recommendation is adopted. K. Now we will vote on HCR 68, HR 62. My recommendation is to to pass as is. Any comments?

Yes, Yeah. Thank you, chair. I just wanted to see them would be voting with reservations. I the party support is that I do think the Department of Transportation is probably maybe I can understand why there are there are advantages and benefits to transferring. However, my concern remains with why it was originally transferred to begin with. What were the problems? I do wanna go back and take a look a little bit, see if I can do any research on that. Thank you.

Any other comments? Okay.

Okay. Members, we're voting on HCR 68 and HR 62 concurrently. Chair's recommendation is to pass unamended. Noting the reservations for representative Iwamoto.

Is there any other reservations or no? Seeing none, Chair your recommendation is adopted.

Thank you, members. K HCR 174 hr 164. I know the auditors weren't here to ask any questions of or no one was, but I'm so I'm gonna pass this out as is. Any comments? Thank you.

Okay. Members are voting on HCR 174 and HR 164 concurrently. Chair's recommendation is to pass unamended. Noting the presence of all members, are there any reservations or no? Seeing none, chair your recommendation is adopted.

Thank you, members. We are on HCR 178, HR 168. My recommendation is to take the amendments submitted on testimony by Jonathankay kay bishouyou And no text.

? Any comments? Okay.

So with amendments. K. Members

K. Members are voting on hcr 178 and hr 168 concurrently, noting the presence of all members. Are there any reservations or no? Seeing none, Chair, your recommendation is adopted.

Thank you, members. Moving on to HR 179, HR 169. Recommendation to move as is. Any comments? Seeing none, take the vote, please.

Today, members who are voting on hcr 179 and hr 169 concurrently. Chair's recommendation is to pass unamended. Noting the presence of all members. Are there any reservations or no? Seeing none, Chair, your recommendation is to pass.

Thank you, members. We're almost there. HCR 91, HR 83 recommendation, and this is hope to pass as is. Any comments?

Okay. Okay. Member, we're voting on HCR 91 and HR 83 concurrently. Chair's recommendation is to pass unamended Noting the presence of all members. Are there any reservations or no? Seeing none, chair, your recommendation is adopted.

Thank you, members. For HCR 103 and HR 95, my recommendation is passed with no amendments as is. Any comments? Okay. Seeing none.

Okay. Members who are voting on HCR 103 and HR 95 concurrently, chair's recommendation is to pass unamended. Alright. Noting the presence of all members, are there any reservations or no's? Seeing none, chair your recommendation is adopted.

Thank you, members. For HCR 115 HR 107 recommendation is to oh, we need amendments, technical, non substantive amendments for clarity, consistency, and style. Any comments? K. Seeing none.

K. Members, we're voting on HCr 115 HR 107 concurrently. Chair's recommendation is to pass with amendments. Noting the presence of all members, are there any reservations or no? Seeing none, chair, your recommendation is adopted.

Thank you. For our last measure, HCR 199, HR 189. I wanna thank the introducer of this rezo because, you know, many of us don't understand or know the history of Hawaii. And this doing the research of this resolution, I learned a lot.

And knowing that, you know, like OHA said, we don't want to inflame our relationship with the federal government and knowing that the federal government is a big funder of many of our state programs, I'm going to defer this measure, but I believe that this conversation is very valuable for future.

So we will continue that. Thank you, members.