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

Good afternoon. We're convening the committee on Water, Land, Culture, and the Arts on our 1PM agenda here in State Capital Conference Room 224. We have a number of governor's messages for nominees to various different commissions and boards up this afternoon. Just for everyone's benefit to be on the same page we're not gonna have all day to go through these. So we wanna make sure everyone has an opportunity to testify though and get their Mana'o in.

So we're gonna limit everyone to one minute after which we can call folks up afterward for Q and A. The way we're gonna do this so it's clear for everybody for each nominee we'll take public testimony first. So we'll hear from those who've signed up to testify and then we'll see if there's any questions the committee has after which we'll bring up the nominee themselves and give them an opportunity to say a few words and then answer any questions that the committee may have.

At the end, we'll go through each nominee and reserve voting or potential next steps all at the same time thereafter. So with that, up first is GM 640 submitting for consideration and confirmation to the Commission on Water Resource Management, gubernatorial nominee Juanita Reyher-Colon for a term to expire 6/30/2029.

And testifying first, is DLNR.

Good morning. In view of your limited time, Kira Papahane on behalf of the Department of Land and Natural Resources will stand in strong support of this measure. Thank you.

Thank you. Signed up next is Zontel Lindo. And then on Zoom we have, apologize. Out of order here. Council member Keani Rawlins-Fernandez.

Aloha committee Chair Lee, honorable committee Members. Mahalo for this opportunity to fight in strong support of, miss Juanita Reyher-Colon. I'm Maui County council member, Tiani Valence Fernandez. You have my, written testimony that detailed how qualified she is and how lucky we are that she's willing to serve on the commission on water resource management, expressing my strong gratitude to her and for your strong consideration of her nomination. Mahalo for this opportunity to testify.

Thank you very much. Signed up next, also on Zoom, Earl Ichimura. Good afternoon.

Good afternoon. My name is Earl Ichimura. I'm the CEO of a company called Pure Water Specialty Company Inc. I've known Juanita since 2008 where she was once the general manager and a man of a small water system on Cabela Molokai. And over the years, I've seen her grow technically and and people skills in managing what our water resources in Hawaii.

She has been very active in local and nationally in American Water Works and National Rural Water. So and the strong point of of Juanita is her people skills. She communicates well nationally and locally with the locals and the big boys. She can talk to both little guys and little guy and big guys. So I ask you to consider Juanita to be on the commission of water resources.

Thank you.

Thank you very much. Signed up to testify next is Jonathan Scheuer. Well, I'm sorry. Wait. Oh, that is it.

That is everyone who had signed up to testify. Is there anyone else wishing to testify on this nominee? Hearing none, are there any questions? Hearing none, all right. Thank you.

Why don't we invite the nominee to say a few words? Good afternoon.

Aloha, Charlie, Vice Chair Inouye, and Members of the committee. My name is Juanita Noelani Reyher-Colon. I am a daughter of Molokai, a water professional, and a humble servant of this community. Mahalo for the honor and opportunity to testify in support of my nomination to the commission on water resource management. My written statement has been submitted, that addresses charity's five questions.

What I wanted to speak towards those, briefly today, and why I wish to serve. My connection to Vi is not simply a professional choice. It is who I am. My Kupuna lived in the valleys of Waikolu, migrated to Halawa, Waialua, and Kainalu. Through their journey, they cared for the land and the water.

That sense of stewardship is not something I chose. It is a legacy that I carry. Molokai has never had representation on this commission before. That abs absence matters. I'm here to change that and to bring this body a voice from a place based community grounded perspective with a technical experience.

I'm here because water is life. My community deserves a voice, and I have spent my career building the knowledge and the relationships to use that voice. On the role and understanding of the commissioner, the commission is the principal trustee of Hawaii's most vital resource. Under HRS chapter one seven four c and our state constitution, it carries both legal and moral duties to manage, protect, and allocate water equitably for present and future generations.

The model, the trustee who oversees the right for sharing of water, says it all.

That is the standard I would uphold myself to. On my qualifications, as you've heard, I have experience of over twenty years managing a small water system. I also hold a grade two distribution license. I have served as a vice president of the American Water Works Association, being the first native Hawaiian and first Kanaka Waihine to serve on the executive board. I understand water from the ditch to the desk, and I understand the communities that depend on it.

On my goals, there's three parties that will be guiding me through my commission. First, elevating the voice of the utilities. The operators and managers on the front lines every day. Their experience must inform policy, not just the other way around. Second, protecting native Hawaiian rights, not as an afterthought, but as a foundation.

These are constitutional rights and shall be treated as such. And third, building climate resilience. Drought, saltwater intrusion, shifting rainfall, these are threats that are real and already here. We need adaptive management that draws upon both indigenous knowledge and modern science and technology. On conflicts of interest, to my knowledge, none exist.

My work at HRWA is educational and technical. It does not involve permitting or commission proceedings. My term on the Maui County Board of Water Supply concluded in March 2026. Should any conflict ever arise, I will disclose it fully and recuse myself without hesitation. In closing, I have spent my career in service to to the communities that depend on it, the culture that is inseparable from it, and the generations who will inherit it.

If confirmed, I will serve this commission with integrity, with aloha, and with the full weight of my Kuleana.

Thank you very much, and congratulations on your nomination. Thank you. Are there any questions for our nominee? Yes. I do.

Yes. Thank you. Mahalo, Juanita, and thank you for allowing yourselves to become part of a, this commission, as well. It's not easy coming from a neighbor island to attend meetings as well, but I'm so happy that finally we have somebody from, from your, pretty much the kuleana of Molokai, as well as, you know, in, in all other cases, with the tri island that we have, Maui, Molokai, and Lanai, that, pretty much attendance has been coming out of Maui.

So happy that you're able to we're we should be thankful with someone with your background.

You have been attending meetings, I understand, in the inter in terms since you got the appointment. How long how many meetings have you had?

Three. January 2026 was the first time.

Okay. And, it's a learning curve.

Yes.

Yes. I'm sure. I've served in a capacity as planning commission back in the old days. Maybe I was 12 years old or whatever, but nonetheless, it's, it's an opportunity and, and rightfully that we have people with, who wants to serve as well. With that said, and I will also bring this up to, Mr.

Haya as well. There is a bill that I introduced three years ago in creating an authority separate from the organization that we have with the commission on water resource management. Take the politics out of it. Okay? And this started back in '19, in the seventies when Governor Ariyoshi was advised by the water commission at that time, that I think it's about time that the Water Commission sets its own policy, working as a group, as an authority on its own.

And so having said that, the first year, three years ago, it passed pretty much the House and the Senate, and failed because of one person not passing it in the House. Two years, last year we did that, it still failed. This year, we have changed, the House has changed my bill. And I must share this, the administration is against creating an authority.

I need to share that with you, because it's something that I think we as the legislature, and how we manage government, whether we agree to disagree with what the governor and the administration wants, nor the legislature, what is best for the people of Hawaii and what's in our constitution, Protect the Hawaii.

With that said, we have, I understand the house has changed my bill, which I'm happy and I agree that we create a task force. 1979, when governor Aroyoshi was there, another group of legislators also wanted to pass this authority concept back in the eighties and then the early nineties. And it has failed until today.

So with that said, I hope that you continue to do what's best with the policy set, but also manage the idea that perhaps going forward in the future, that buy is so important. We have so many kinds of authorities, but yet the one that's in our constitution protect the water for our state, and actually it's under the constitution of The United States as well with water.

So hopefully that, we can look forward to doing, the best you can, as well. You have a tough, tough, very tough decision making. You know, we already had issues when the fire happened, as well. And fire has nothing to do with all the other things that encompass other issues that we need to protect as well. So with that said, do a good job.

I think we're relying on your expertise. Do the best you can as well, but make sure that you have one goal is to protect what's there in the constitution. Good luck and, best to you as well.

Thank you.

So I just wanna, make a a point on on your comment. I do believe, the bill is needed. The restructuring of the commission and taking the politics out is absolutely right. And I do support what has been brought forward in the Senate as well as the house. Change is needed in order for us to move forward.

I appreciate your comments, but, you know, good luck. You still have your term is up for four years, I believe. And hopefully that you'll be a good addition to the commission. Good luck. Thank you.

Thank you, Chair.

Thank you. Other questions? All right. Thank you for your answers to the survey as well. In the interest of time, if there aren't others, appreciate your time and thank you very much.

Yeah.

Thank you again.

Okey Dokey. I do wish I I you know, I should say something else too just for everybody as we go forward. Two things. One, we do have a few nominees who are time constrained because of flights for neighbor islands and things like that. Can I just get a show of hands if there are any other nominees who do have time constraints who are here with us in the room this afternoon?

Thank you for your consideration to your

Yeah, I know we do have also one nominee who's online who has to catch a plane, I think coming the other direction. So as time goes on, when it seems appropriate to make sure we have enough time, it may take one or two of these out of order with folks indulgence. The second thing I want to say is just thank you to the nominees and the public for your patience.

We've had a long legislative session so far that's been quite ripe with a number of different issues that have kept us busy as well as we've had several shutdowns because of the storms and everything else so this is a bit of a compressed time schedule. Would be nice to have a little more time, but such as it is, wanted to put that on the record, and just thank everybody given the circumstances.

Okay.

And let me add to kindly, you all don't know, but today is recess day. And we thank the Chair and the committee Members who make ourselves available today to do this to get everything moving along. Thank you, Chair.

Okay. Thank you. Let's move on to the next measure, GM 639, submitting for consideration and confirmation to the Commission on Water Resource Management, gubernatorial nominee Moses Haya third for a term to expire 06/30/2029. And testifying first on GM 639 is the Department of Land Natural Resources. Thank you.

Up next is the Office of Hawaiian Affairs. It's everybody who had signed up to test oh, I'm sorry. Yeah. It's everybody who had signed up to testify on GM 699. Is there anyone else wishing to testify this afternoon?

Alright, seeing none. Why don't we, are there any questions? Any testifiers? None. Alright, why don't we move on to our, nominee?

Let's come forward.

Good afternoon. Good afternoon. Aloha, everyone. Hello. I wanna thank each of you for the time that you've put into this.

Aloha, Chair Lee, Vice Chair Inouye, and committee members. Yes, I am Moses Hyatt and I'm honored to be considered for an appointment to the Water Commission. Thanks for this opportunity to be here and to share, I hope, very briefly because I know you're time constrained. I wanna start by apologizing for not being more available last week and this week for anything that may have come up that you guys wanted to get in touch with me.

Unfortunately, my family is going through a little bit of, well not a little bit, some significant grief after my nephew passed away last week, Friday.

We're doing the best that we can, but this has required a lot of us. I'm sorry if any of you tried to reach out to me and could not contact me. I understand that you have my resume and other materials. For those who have not yet met me, I have been a practicing attorney for nearly, well, more than thirty years and was formerly the executive director of the Native Hawaiian Yield Corporation.

Over the course of my career, I've had the privilege of working on water issues in communities across our archipelago, starting with the Hawaii holy contested case on Oahu in 1990s, which helped to elucidate the framework for water resource management in Hawaii.

My familiarity with the constitution, the water code, and full range of the water commissions Kuleana have been helpful in getting me up to speed during my interim appointment. I've also worked on traditional customary native wine rights issues and practices. These experiences will help the water commission, I believe, to operationalize its fiduciary duty under Article 12 Section seven of the constitution. In addition to my professional work, I've been an avid water man.

As a local boy, a native Hawaiian, I've spent time in our streams, estuaries, and more.

This will also, I believe, provide important context for the commission. I humbly submit that I have significant experience in water resource management, which is what is required for appointments of the Hawaii Water Commission. I ask that you give me the opportunity to continue serving on the commission. Given the length of today's agenda, I'll stop there, but I'm more than happy to answer any questions you may have. Mahalo for your time and aloha.

Thank you.

Thank you. Congratulations on your nomination. Mahalo. Are there any questions?

Vice Chair.

Yes.

Thank you, Chair. And thank you as well for offering your time serving as a member of the Commission on Water Resource Management. And these are the kinds of backgrounds that has sorely been missed from the water commission. And so we appreciate, yourself as well as Juanita Colon to be on this commission. I did you've heard me.

I spoke on my probably one of the most important measure that I have introduced that is so close to me and to the people of Hawaii with regards to finally getting the commission on water resource into its own authority. And I understand, and I'm very familiar with Hawaiian Legal Corp. And I'm probably worked with you when I was here in my first ten years from 1998 before I left in '08.

So, we've you know, you folks, the Legal Corp has always been very active at the legislature. So can we ask of your opinions with regards to probably making an in independence management of CEWOR?

So, Senator, I appreciate the work that you have done and continue to do. An I believe the the bill that you are talking about is Senate Bill 2002. And I have reviewed it and I support, you know, the attempt to provide independence to an entity that needs to ultimately have a balanced view in every situation, every case it looks at. And I think that that bill is a very smart move towards that and I appreciate that.

Well, you know, to have even Ernie Lau from the City and County of Water Department be a big advocate with helping me, to move this measure along in this generation. And as I mentioned, you know, this issue has come up many years ago. We went through what, four or five governors already, with, this not happening. But it's just about time because water is not going to go away. It's our life.

And so, this is the issue. And more in particular, when I visited Maui after the fires, and even previously, when I returned to the Senate to visit all our kalo growers on Maui and the water issues that they've gone through. So, with that said, I think we need for us at the legislature, just do the people's work. So I'm, we're happy and good luck, you know, with your service to our communities as well. And I'm sure you'll be a great asset to CEWOR.

Thank you so much. Further questions?

One really brief one. Thank you so much for making it out here today despite your circumstances. I just wanted to raise a concern that was brought up in a testimony regarding your extensive background in litigation advocacy and how you strive or will remain impartial in your decision making at the commission.

So I previously noted that I believe the commission in its efforts to deal with, you know, specific cases along the way, we need to look at it in a balanced way. And when it comes to balance, and this is just my opinion, sometimes that balance has been out of balance.

And I think that, you know, there needs to be, in those cases, a move towards balance in terms of, you know, ensuring based upon our law, constitution, that deal with water that it's followed. And I think that's the foundation behind Senate Bill 2002.

I will say that I believe, you know, one of the questions that was asked of me is if there's anything that could reasonably be perceived by the public as creating a conflict of interest or otherwise raise questions regarding my character, judgment, or ability to serve impartially on the commission.

And, you know, my response to that would be, I believe that there are or will be perceptions of my past service as an attorney with Nehiyuan New Corporation that I do have a conflict of interest based upon that experience. But the problem is for me that I don't believe that's a reasonable perception of my service.

It's like I've previously said, it's about balance and following the law.

Thank you.

Thank you. Further questions? Hearing none, thank you very much.

Thank you.

Thank you.

Let's move on to our next GM649 submitting for consideration and confirmation to the Pacific States Marine Fisheries Commission gubernatorial nominee Gilbert for the term to expire 06/30/2029. And testifying first on GM649 is DLNR. Thank you. And then also Mr. Dar.

Yeah,

David Sakoda for.

Thank you. That's everyone who had signed up to testify on GM649. Is there anyone else wishing to testify this afternoon? Hearing none, are there any questions for the testifiers?

Yeah. Dar. Since I've been here, I've never heard of a confirmation for Pacific, States Marine Fisheries Commission. So, and I believe, I think it became part of, is this part of the federal law or federal commission that we added this, what, a couple of years ago? But this, so this is the first commission members for this, since the act of, 2024.

Correct. Yes.

So does this have to do with anything like Westpac?

No. This is separate from Westpac. This is an interstate commission that has no regulatory or management authority, but it convenes states around The Pacific to tackle, especially, fisheries issues that cross jurisdictional boundaries.

Okay. So this is the actually the first group that will be serving since the act of 2024.

Yeah. That's right.

And because of the region, I guess so. Have you, the agency, has really understand now then the role because this is going to be something new for a commission?

Yeah. I personally have attended the last 3 commission meetings, and the 2 commissioners that are up for confirmation served interim roles last year, and we'll be hosting Hawaii will be hosting the meeting this year, this September in Kona. So we have some experience.

So with the 2, but this is the first 2. So how many members do we have?

Each state has three commissioners. 1 is the agency representative, so Brian Nielsen, and then 2 non agency commissioners.

Oh, Okay. And most of your meetings and the hearings are not only Hawaii then, if it's within The Pacific. So where are the so who's what kind are we adding countries and to be part of because of the Pacific?

No. This is just domestic. So there's 6 US states. So there's Alaska, Washington, Oregon, California, Idaho, and now Hawaii.

Ah, so more the West and part of interesting. Well, good luck.

Thank you.

Okay. Well, good luck to the commissioners as well. Very interesting. So where are your meetings?

We rotate every year between the states. And so last year was in Idaho, and this year will be in Hawaii.

Okay. Did we include enough funding in within your budgets for this new commission? Or you're working as is?

We have special funds that we used to pay our dues.

Oh, okay.

Yeah. And the commission also covers the cost.

Well, I remember when we passed the Bill that we had to become part of the organization and paid our dues as well. Right?

Okay. All right. Good luck.

Yep.

Thank you.

Thank you, Chair.

If there's no further questions of the testifiers, why don't we move on to our nominee who is with us on Zoom. Good afternoon.

Hello, Chairman Lee, Vice Chair Inouye, and committee members. My name is Gilko Aliki. I'm a lifelong Abaya from, Moku Okeawe. I am honored and blessed for an opportunity to serve as a commissioner of Pacific States Marine Fisheries Commission. A little bit about myself.

I'm a dedicated advocate for sustainable fisheries and a prominent voice in Hawaii's marine resource management. As a native Hawaiian and commercial fisher based out of Hilo, I bring 40 plus years of industry, cultural, and traditional experience to the table, ensuring that the perspectives of our local Avaya are integrated into fisheries management.

I've been working in this arena for a lot a lot of years, serving on a lot of different various boards and committees, And, I basically work at the intersection of community engagement and federal regulations, championing the interest of our island fishing communities while promoting the long term health of our Pacific Marine Ecosystem. And like I said, I am so honored and blessed to be part of this first group of potential commissioners representing our state, the state of Hawaii. Mahalo.

Thank you very much. Other questions from the nominee?

Yes. Aloha, Gil.

Aloha, Senator Inouye. How are you?

I know. You're my constituent, and I'm so happy because I've been working with your group, the fisheries, in East Hawaii, and I'm so happy that you're giving up your schedule and your time, to be part of this very interesting organization.

And I'm looking forward to the work with Dar and see how you proceed because the issues before us and before all of us, particularly in The Pacific with regards to fisheries, you know, we, I mean, there's lots of Bills that came up with regards to fisheries, in this, year, but, I'm so happy, with you and your background and able to, give of your time. So, good luck. And I don't think I have conflicts because it's only constituency and voters.

So we look forward to, your service, and, so proud, that we're having someone from the neighbor islands to sit on this first group. And good luck to you.

Thank you, ma'am. Thank you for the kind words, and mahalo for all the assistance in Hilo with our fisheries.

Thank you.

Further questions? If not, I'll just say thank you for the conversation the other day. Thank you, sir. And, again, congratulations on your nomination.

Mahalo nui.

Let's move on to actually, you know what? It's 01:40 right now. I know one of our test, or one of our nominees later in the agenda from DLNR has a hard stop to catch a flight. So with everyone's indulgence, why don't we take that nominee out of order?

Who is M-

692, is that it?

692, yes. Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial nominee Riley Smith for a term to expire 6302030. I'm testifying first on 692 is Hawaii Cattlemen's Council on Zoom.

Thank you, Chair, Vice chair, members of the committee. My name is Nicole Galas. I'm testifying in on behalf of the Hawaii Cattlemen's Council, and we are in support of Riley Smith. He is thorough in his research and decision making, and he understands that he needs to know all sides of an issue before casting his vote.

Thanks to his background and experience, he's able to consider many aspects of an issue with the goal of serving the land and the community.

We believe that the BLMR will benefit from having him serve a second term. Mahalo.

Thank you very much. Signed up next also on Zoom is, SanHi Government Strategies.

Not present on Zoom, Chair.

Also on Zoom Oh, actually, I guess I'm walking the room. Sierra Club Hawaii. Good afternoon.

Good afternoon. Chair, Vice chair, members of the committee. We're gonna talk to Sir Caballoy. We submitted written testimony with some comments and some concerns about the nominees.

I think first, I wanna mahalo all of the nominees for their willingness to serve on these boards and commissions. Right? It's a voluntary position. And, you know, given what's happening with our planet, with our islands, we know it's you know, the Land Board, the Water Commission, Landings Commission are probably the most important entities that we have.

And that's why we have to be very, very thoughtful and mindful about who we put on these commissions. And so that's why we have some concerns. You know, this isn't the 90s anymore where we can ignore Native Hawaiian Rights. We can ignore the constitutional provisions adopted by the people of Hawaii. We can ignore the laws passed by this legislation.

Unfortunately, we they're in our written testimony, I won't go over them, but there are a number of decisions. Where it seemed like the candidate was willing to continue that kind of pattern and resulting in pain, frustration, conflict, and delays, as well as impacts on the department's resources when you have to go and manage all of that stuff that happens after board decisions. Otherwise, I'm happy to answer any questions, and thank you for your time.

Thank you. Testifying next is the Farm Bureau.

It's going through SanHi?

Yep, and why don't we just go back real quick to SanHi since they just walked in the room. Thank you.

Up next is Hawaii Island Paddle Sports Association.

Kiko Bukowski.

And that's everybody who had signed up to testify on GM692. Is there anyone else wishing to testify this afternoon?

Hearing none, are there questions for any of the testifiers so far?

Okay. If not, the nominees with us on Zoom, good afternoon.

Aloha, Senator Lee. Can you hear me okay?

Yes.

Okay. Sounds good.

Aloha, Vice chair Inouye. Thank you very much for considering my nomination for a second term on the Land Board. I stand by my testimony that was included in my letter of interest to the Governor, and also the responses that I provided to the committee on the questions that Senator Lee posed to me last week, Friday. I'm available for any questions.

Thank you. Are there questions from the nominee? Senator Chang.

Thank you very much, Mister chair. And thank you, Mister Smith, for taking the time to join us virtually and to meet with me in person. Do you believe that your department should be developing industrial facilities like warehouses on lands that it owns near rail stations here on Oahu?

Senator Chang, thank you very much for the conversations that we had on numerous occasions. As we discussed regarding specifically East Kapolei, and your preference that more residential opportunities be provided in, Central, the Kapolei area.

You had raised that concern about the need for housing, which I think is prevalent throughout the state, which I agree with. My feedback to you was that if DLNR were to amend the master plan, it would likely that they would also have to amend the EIS.

And I asked if the legislature would support additional funding for those changes in the EIS and the master plan because of those amendments and whether they would be given additional time to implement those changes.

And I think our conversation was that you would support that. So based on that discussion, I would support more residential uses in the East Kapolei area.

Thank you, Chair.

Further questions? Thank you, Mister Smith. Just I think to the point of one of the previous testifiers there have been a number of decisions made by the board that have been subject to legal challenge in the last few years.

One in particular which was raised in that testimony looks in the written testimony was a decision that permitted a private landowner use of a public beach for their purposes to the exclusion of other members of the public that ended up before the ICA which overturned the BLNR decision.

Can you speak to that and would you make the same decision today knowing now how that turned out and how do you weigh those issues of private versus public use of what are otherwise public trust resources?

Sure. I believe that item is specific to the Kahala Hilton, which I think is now the Kahala Mandarin Hotel. I think that litigation occurred prior to me being on the Land Board, but there have been numerous instances where public advocacy groups have come back because they've had concerns with the hotel operator placing beach chairs and having other events on state property.

So since those items have come up and I've sat on the board, I've consistently supported that use, that restriction on the use by the hotel operator to utilize state lands, accreted state lands for his hotel operations.

Thank you.

I guess the other thing I would just raise generally speaking to I think some of the conversation before was, I guess we have a tension between some sort of proposed development or use of land or public trust resource.

How do you plan to navigate or how would you approach the situation when it conflicts with public trust interests that would otherwise be there to benefit a Native Hawaiian beneficiary or more broadly the purposes for which those trust those resources are held in the public trust.

Okay. Thank you, Chair Lee. I guess my comment would be that I'm reluctant to provide a statement on suppositions of things that might happen without clear documentation. When we were on the phone yesterday when in our Zoom call, I mentioned that when we do have agenda items, they're usually backed up by enclosures that are 20 to 30 pages long.

There's a lot of opportunity to discuss, to listen to testimony, to question, members of the public, to question staff, to go into an executive session with the Attorney General's Office.

And when we make a decision, we have to incorporate all of that data to make the best decision while considering all of the appropriate data. In my own person, you know, and that would be my general comment to asking a general question that's not specifically tied to an instance on a location that I'm familiar with.

In my own personal experience as the President and CEO of Lanihau Properties, we have a lot of Native Hawaiian rights issues. We have burial locations on our property.

What I tell my staff as well as all of our consultants is to follow the rules.

We collaborate extensively with, Native Hawaiian groups. The Barrow Council and Lineal Descendants have identified a representative as their cultural monitor. His name is Isaac Harp. I work extensively with him. He and I are currently working with the Bishop Museum to return some archaeological funerary objects that were removed from a burial cave on our property about thirty years ago.

Working collaboratively with the Lineal Descendants Cultural Monitor to have those items returned to Hawaii Island so that we can inter them in the burial cave. So, I'm very sensitive. I'm a Native Hawaiian. The owners that I work for have owned this property for 176 years. They, they're not part Hawaiian, but they're Kamaaina.

They respect all of our traditions and everything, and we work very closely with our community in doing what's right in our community. Hopefully, that answers your question.

Thank you very much. Oh, I'm sorry. Senator DeCorte followed by Senator Inouye.

Thank you. Congratulations on your nomination. With regards to the Chair's comments, I also had a similar concern considering your vote to approve the East Maui Water Diversion Permits, which was also ultimately overturned by the courts. How do you come to your conclusions, I'm, as far as the voting decisions that you're gonna be making?

Because I'm concerned about these two, just that were brought up right now, and how this is basically going to look moving forward.

So I believe that the decision that was made by the board that was overturned was when I was not on the Land Board. However, in December, there was an item that came up on our agenda about allowing a contested case hearing to go forward on the East Maui Irrigation System.

And in executive session, the Attorney General's Office clarified for us that if we approve the contested case case hearing to go forward. As of the next day, 9,000 residents in Kula would no longer be provided water from the East Maui System to supplement their water treatment plant to provide water to the residents.

So based on the information that was clarified for us in executive session by the Attorney General, it was a unanimous decision by the board not to grant that contested case so that there would be an opportunity for the County of Maui and the stakeholders in the area to work out an agreement with shared use of that limited resource so that the residents that live and work in up Country Maui would continue to be able to have access to water.

Thank you. One last question, Chair.

Sure. Go ahead.

Thank you. Also, you I'm just wanna raise some concerns that were brought to my attention regarding conflict of interest in managing 10,000 plus acres and working actively, in land use permitting and development. I am just concerned that the public may see that to be a conflict.

If you can respond to that, how do we ensure that you are going to direct your support in the best effort of the public and not maybe special interest or developers?

Yeah. So the lands that the owners of the company that I work for, the 10,000 acres in North Kona, we've had control of those lands for over 170 years. We are not an Aligi Trust, but our vintage predates or is about the same time frame as Kamehameha Schools, Queen of Land Company, Queen Liliuokalani Trust, and a lot of the other elite trusts that have prudently managed their properties? We've done the same thing.

If there are rules that need to be followed, we work with the County Engineering Division on grading permits, or we work with the Soil Conservation Service to make sure that any situations that might occur in our land, that we are complying with all the rules and regulations.

I worked at Parker Ranch. We had a 100,000 acres. We follow all the same rules. So you know, we're part of this community. We're not going anywhere.

Our children and grandchildren are gonna be beneficiaries of what we do today. So we are always trying to leave the natural resources better than where we found them. And I think that's consistent with most of the large landowners, especially on Hawaii Island.

Okay. My question though was and maybe I'll clarify just so you can respond accurately is how do you separate your decision making based on what's best for the public and what's best for the company you work for.

Oh, okay. So, I mean, if Lanihau Properties or Palani Ranch has an item before the Land Board, I'll determine if there's a conflict. If there's a conflict, I'll leave the room. Okay? If there isn't a conflict, but if my experience working 10 years at, Parker Ranch or 17 years at Palani Ranch can benefit how other ranchers' livestock operations are managed.

I think that's a benefit. I'm familiar with water systems, ranching system, roadways that are all suited for livestock agricultural uses on these Mauka lands. Is that answering your question?

Yes, that's good. Yeah, I believe you were cruising yourself and acknowledging that and getting in front of it is very important. So thank you very much for answering my question and thank you, Chair.

Thank you.

You're welcome. Thank you.

Thank you, Chair. Thank you, Riley, for offering your continued service since you've completed your first appointment. And I personally thank you because I was the one in your district and on my island that encouraged you to become part of the nominees for this position. And I feel like you have served well. However, something bothered me just a little while ago in your discussion with the Chair.

Did you say that there was a time that on that particular issue that you had a lot of paperwork to read?

By the time you got to the meeting, you went into or the group went into, I guess, to meet with the executive session, to meet with the Attorney General, but you didn't qualify yourself whether that particular issue or the time and the amount of time you had to do the work before the commission, but was there a point in time that the decision for the board was to make a decision at that time?

Or did you folks have an opportunity to say, because we have an issue much too important to make a decision on the first day with all the work you had to do last minute and you're at the board, you gotta go into executive session. Did you folks make a decision at that same day?

Senator Inouye, I'm not clear if I'm understanding you. I think when Chair Lee mentioned about the East Maui item that was overturned by the Intermediate Court of Appeals, I think that no? I'm sorry. What item was that?

You explained I mean, you were explaining your question that was asked by the Chair, but you did say you had a lot of, in you know, during the hearing, you had a lot of documents to make a decision. You went into executive session. But were you guys forced to make a decision that same day is my question.

No. Lorraine, you know me. I read everything before the meeting. I come prepared. If I have questions, I ask staff.

I understand.

If there are testimonies being provided, I ask questions.

Yeah. What I'm leading into is that I hope, and this message goes to the rest of all the commissions here sitting before us as well. If there's decisions that come before a commission, if there's inadequacy time to make decisions, then I don't think it should be forced upon, you know, a board to make a decision the same day is my concern.

And I'm not sure if what you were saying was that you had to make a decision that same day, or did you folks also take an opportunity to say, "hey. You know what? I can't make a decision today. Let's continue these discussions for the following hearing notice"

I'm sorry if I was not clear. I believe I was talking about the December meeting that when the decision was made, it could potentially impact the ability of the East Maui Irrigation System to provide water to the residents of Kula. We have never made a decision because we had to. I have never left a meeting before the meeting adjourned.

If I come to a meeting, unless I have a conflict that I have to leave I mean, I've been at DLNR till 08:30, 09:00 at night, and I stayed as long as I could get a return flight home that evening.

So we have never been pressured that we had to make a decision. The consequence with the East Maui 1 is when that decision was made, if a contested case was approved, then all water uses would stop.

I understand that issue, Riley, because I followed that as well. I've been following your meetings throughout the past years. But I understand, and I was a Planning Commissioner before. And when I was on the commission, that's when the contested case hearings was actually adopted by the State of Hawaii. So I understand that hard decisions gotta be made.

And I think the protection of our people, whether that comes first, and I think you guys just did the right thing at that point in time anyway. But again, thank you again. Thank you, Chair. And thanks, Riley, for your continued service.

You're welcome.

Thank you.

Alright. Any further questions for this nominee? If not, thank you again. Congratulations on your nomination.

Alright. Thank you very much. Appreciate it. Thank you.

Okay. Thank you everyone for deviating from the agenda. I'll test 1 more time. Was there anyone else who has time constraints because of a flight going between the islands or anything of the sort? Okay.

Hearing none, thank you. Let's go back to the front of the agenda on the first page to GM650 submitting for consideration and confirmation of the Pacific States Marine Fisheries Commission gubernatorial nominee Philip Verdandez for a term to expire 06/30/2029. And testifying first on GM650 is DLNR.

Thank you. That's all the testifiers who had signed up on June. Is there anyone else wishing to testify or any questions for the testifiers? Hearing none, We've been notified that testifier is unable to be with us today because he's out of country. However, we'll circle back for any conversations and further questions on this nominee.

Just Chair. Yes. Dar, this mister Fernandez is representing what island? Where is he from? Sorry.

He currently resides on Oahu.

Oh, okay. Yep. Okay. And that's, yeah, the initial, I guess, inaugural member of this commission.

Yes.

Okay. Thank you. Thank you. Thank you. Thank you, Jim.

Okay.

Thank you. Moving on, let's move to GM648. Submitting for consideration and confirmation to the Legacy Land Conservation Commission, gubernatorial nominee Michael Buck for a term to expire 06/30/2029. And testifying first on GM648 is Dionar.

Aloha, Sanders. David Henscaff of the Legacy Land Conservation Commission.

Thank you. That's everyone who had signed up to testify on GM648. Is there anyone else wishing to testify? Hearing none, are there any questions for the testifiers? Hearing none.

I believe our, nominees with us online. Good afternoon.

Good afternoon, Chair Lee, vice chair Inouye, members of the committee. Thank you very much for considering my confirmation. After 50 years of public service in Hawaii, 40 years with DLNR, 8 years on the water, commission, I feel like I had some unique skills and abilities to serve on this commission. I did attend my first meeting as an interim commissioner, and I was incredibly impressed with not only the quality of the commissioners, but the quality of the nonprofit groups that are asking for funds.

This program is so much more than just a land preservation.

It's providing opportunities for these nonprofit groups to who are clamoring right now to take responsibility of stewardship of lands. And so I'm very glad that I was able the governor has nominated me. I have a small farm in Waimanalo. I have the union opportunity to see Chair Lee or starting to grow up. When he first came, he attended on the Sebi neighborhood board meeting.

I was on the board for about 15 years. And so I'd be happy to answer any oh, 1 other comment. I know there's a lot of issues with the conveyance tax urge you. We had to decline. So very good proposals for the lack of funding. So the Land Conservation Commission can use as much funding as possible.

Aloha. Happy to answer any questions you might have.

Thank you. Congratulations on your nomination. Are there any questions for the nominee?

Welcome back, Michael. Thank you for your service in the other commissions. Look forward to you being on Legacy Land Conservation Commission.

Aloha. I appreciate those comments.

All right. Thank you very much. Let's move on to the next measure. GM691 submitting for consideration and confirmation to the Legacy Land Conservation Commission, gubernatorial nominee, Kim Folinski, for a term to expire 06/30/2030. And testifying first is DLNR.

Strong support.

Thank you very much. That's everyone who had signed up to testify on GM691. Is there anyone else wishing to testify? Hearing none. Are there any questions for the testifier so far?

All right. Hearing none. Let's move to the nominee. Good afternoon.

Good afternoon.

Aloha, committee, Chair Lee. Thank you so much for having me today. It is my honor to be here again. This is my application for my second term on the commission. I echo commissioner Buck's testimony there that this commission has been the most valuable thing I've been able to do.

A little bit about me, I work in conservation. I have been here for 20 years trying across statewide to be protecting our lands. But in this way, in the legacy lands way, we really have the opportunity to make that happen. So, I'm a professional engineer, and I'm a scientist from University of Hawaii at Bangor. And I think those skills lend my ear to this.

I have a background in agriculture here on Oahu. So I really hope that in my comments I said this that I can contribute again to being able to approve these applications, which are so important to protecting the last plans that we have to be able to support the groups that are applying. Thank you.

Thank you. Any questions from the committee?

And thank you for, serving, an opportunity for serving the next half of your term as well. And we thank you for your service. Now, knowing what the last purchase was, was a big 1 on my island in North Coohala. But with what Mr.

Buck did mention about the funding, you know, I'm sort of, you know, not afraid, but looking at the work that you all do in preserving our lands here and making sure you do your work, that the funding will not be as attractive, you know, as we have been through the last several years.

We did a whole bunch of properties that already is, has been preserved with the work that you all have been doing. And so, is there any particular, just to make it short, I know time is important today, but any big ish, probably looking forward to acquiring that you're working on or we're okay for a little while with less funding coming into the

I would agree with, Michael Buck that the program is underfunded or feels underfunded at that moment where you have to make the decision. And you're seeing the kuleana of the community saying, I'm ready to accept this place back again. And it is very difficult to have to make that choice. And we have been turning down applicants year after year or making the hard decision of who gets funding right now.

Is there one of the biggest talks? Is it that is there a big one on your agenda right now?

As a commissioner, we don't know until the applications come through. And so as a second term commissioner, you have a little bit more leeway to being able to work with the groups to say, okay. Please apply. Right? And work with you all to say, please apply so that we get the best possible projects together, but it's hard to see forward.

Thank you, Chair.

So Thank you.

Any further question?

Thank you for your service as well.

Thank you.

If not, thank you very much. Okay, let's move on to the next, GM727, submitting for consideration and confirmation to the Hawaii Community Development Authority, gubernatorial nominee Joanne Leong for a term to expire06/30/2030. And testifying first on GM727 is HCDA. Good afternoon.

Good afternoon, Chair, Vice chair, members of the committee. Really proud to support the renewal of Joanne Liang's term on the He Community Development District board. She's had a long, including her prior term. She's served a lot of years. She took a break, and then she was willing to come back.

She's she attends every meeting, ask good questions and is really engaged with the community. And so she's exemplary member, and we depend on her for support, feedback on everything that's happening in the district. So support her nomination available for questions, chair, vice chair, committee. Thank you.

Thank you.

Thank you very much. That's everyone who had signed up to testify on GM727. Are there any others wishing to testify? Hearing none, other questions for the nominees, or excuse me, for the testifier so far? All right, well with that, why don't we move to the nominee or GM727. Good afternoon.

Aloha.

Aloha, Chair Lee, Vice Chair Inouye, and Senators DeCorte, and Senator Chang. Thank you for having me here. I'm here seeking reappointment as a representative for nonprofit organizations because Kakaoi, the lessee for the Heia parcel, has reached a stage of development that could secure its economic future. I'd like to see it through. So, I stand in my testimony.

I was gonna say a few more words. I've watched this group of young Hawaiians grow, and they have done tremendous things there. So if you ever go there, the mangroves have been removed. No longer is there a stinky bridge, if you remember what that is. And the endangered bird species have returned, and yet they're very productive in producing terror.

They're producing jobs for young people in that area, not all having to do with tourism, which is what I want to see. And I really think they've done a great job and I'd like to continue. Thank you.

Thank you very much. Other questions from the nominee?

Yeah, well, thank you for your service and going forward again. So I guess the project here has been moving along. Yes. Now what phase are we on? You want to come up to?

So thank you, Senator. As you know, we have a long term lessee there in Kako'iivi led by Kanekoa Schultz, and he's done an amazing job with, stewarding the land. That's the primary goal is to steward the land. He's restored a lot of the there. He's trying to build some food security and resiliency there with a point mill and other other kinds of facilities.

I think his next project there, and this is something we have to work with him on. Like other agricultural operations and farms, they face a lot of agricultural vandalism and theft. And so he's been talking to us about proposing, agricultural for mainly just to have security and presence on the site. So that's another project we're working on with him. Thank you.

Thank you very much. And you all, you got continued work to do, doctor. Yeah. Yes.

Okay. Thank you for your service. Thank you, Craig.

Thank you.

Thank you very much. Okay, let's move on to the next measure on the agenda. GM611, submitting for consideration and confirmation to the Lake Community Development Authority, gubernatorial nominee, Adina Duvacheal for a term to expire 06/30/2029. And testifying first is HCDA.

Good afternoon again, Chair, Vice Chair, members of the committee. I am, so pleased to, support this nominee. She is the small business nonprofit nominee for the district. As you may know, small businesses, nonprofits work really hard in their personal life, you know, taking care of their business. Often, in our search for qualified nominees for the small business position, I hear it's very difficult for small business owners to serve because they're trying to, make their business thrive.

And then, they're asked to attend monthly meetings where there's a lot of reading. So I'm really grateful to have found, is to Michelle to, as someone who's willing to serve in the short time that she's served on the board.

She's very engaged, asks a lot of questions, and I think really not only supports the small business community and collide low but just supports the broader interest in collide law for development while balancing some of the interests we have in collide law so very supportive of her nomination. Chair, Vice chair.

Thank you. Thank you.

Okay, are there any other testifiers signed up or excuse me wishing to testify on GM611? Hearing none. Any other questions for the testifier so far? No. If not, let's bring up the nominee.

Good afternoon.

Good afternoon.

Thank you. Aloha. Aloha.

Good afternoon, Chairperson Lee and vice chairperson Lee Noy, members of the committee. I am the nominee for a small business, member position. I'm honored to be nominated by the governor for this position. I look forward to serving on the board for the next 4 years with integrity, collaboration, and also innovation, not only for Kalailoa, but for every community that the HCDA helped shape.

As a small business owner and an integrated community member in Kalailoa, I bring perspective and values that are rooted in thoughtful development, long term sustainability, and also cultural preservation.

I've been a small business owner since 2018, with event planning in Oahu and across the, and also as a recent, House of Puas, our floral and lei shop, that's in Hoopili, which is East Kapolei. I've had the honor of working with other small businesses for the last, several years. I understand collaboration, on that level, the local economic level, but I also understand, residential issues in Kalailoa specifically.

And I'd like to serve on this board to help create greater impact for the community in Kalailoa in a positive way. So thank you so much. You have the answers to my questions. But, also, if you have any questions for me now, be happy to answer. Thank you.

Thank you.

Thank you. Are there any questions for the nominee?

Well, I just want to add, you know, I think most of us in the legislature knows your mom. Very active in the national scene of, the council of state governments. And, we also ask her, when are you returning back to Hawaii? But that's okay. We got your daughter that's in the family here to do the work for her, I guess.

But thanks for, you know, offering yourself to serve because as, you know, Greg did mention, it's very difficult to get small business people, those that, you know, have busy schedules, to serve on boards and commissions. And it's been difficult throughout the state and impacted the counties as well. So we appreciate the time you're giving to us as well. So good luck in your, your first term, and you're gonna enjoy it. Thank you so much.

Yeah. Thank thank you, Chair.

Thank you.

Alright. Any further questions? Hearing none, thank you very much. Appreciate

the conversation together.

Good luck.

Thank you so much.

Congratulations on your nomination.

Thank you.

Okay. Thanks, everybody. Let's move on to the next measure, GM 637, submitting for consideration and confirmation to the Board of Land and Natural Resources nominee Calvin Young for a term to expire 6-30-2029. Testifying first on GM 637 is, Mr. Copa.

Thank you. Up next is Senai.

Hi Chair, Vice Chair, Members of the Committee. I stand on my testimony in strong support. Thank you.

Thank you. Gary Okuda.

Chair, thank you very much for taking the time. I've known Calvin for sixty years plus since kindergarten. He and I are lawyers, which are not bad for two guys from working class families from Coconut Grove. Okay. But the thing about Calvin, I served eight years on the state land use commission and I always appreciated the hospitality of Senator Inouye when I came up for confirmation.

But let me tell you something about Calvin, because I know him for this for a fact. The guy was a litigation partner at two of the largest law firms in town. He doesn't prejudge anything, but he is a law and order guy. He will follow the statutes and the laws that you and the legislature passed. He will make sure that the contested case rules are followed where necessary.

Where you need a contested case, He has the guts to make a recommendation to do so and the guts to say no. And he will he will implement the public trust document, doctrine and anything else required by the laws of the state and the constitution. He's a Kamehameha School graduate, class of '74. And most important thing is he put himself and paid for his own education. He relied on no one.

And he's fully retired, so he's not gonna be in any conflict of interest.

Thank you very much.

Thank you very much.

Thank you. Testifying next is Kurt Otoguro.

Good afternoon.

Good afternoon, Chair, Vice Chair, Committee Members, Kurt Otoguro. I'm here in full support of the nominee Calvin Young as as a personal individual. I just want to I can't beat Mr. Okun and what he said. I didn't know Calvin for sixty years since I'm not even sixty years.

No, I'm just kidding. But I do know Calvin for over three decades. And, needless to say, a man of integrity, a family man, a good individual. He will be an awesome asset to the state. He will be a great steward for our lands.

Being a local boy, you can be sure that he cares about our islands and that you won't regret nominating him and voting him in as the board of Land and Natural Resources. Thank you.

Thank you. Thank you very much. I believe that's everyone who had signed up to testify on GM 637. Is there anyone else wishing to testify? Hearing none, any questions for the testifier so far?

Perhaps about Mr. Otoguro's age? If not, why don't we bring up the nominee?

Good afternoon. As you've heard, I'm a litigator, so I'm used to to standing on my feet when I speak to people. So pardon me for sitting down now, and I wanted to make sure I had something in front of me so I don't misspeak. Before I get started, I wanted to at least acknowledge all of my friends who are here. I'm very humbled and blessed to have people say such kind things about me.

I also wanted to make sure that you know that my wife accompanied me today. Eleanor is sitting in the third row. I wanted to acknowledge her because I brought her down here, made her walk down in the hot, humid air, and she kept telling me, that she hasn't been feeling well lately, but I forced her to come down today. So thank you for allowing me to introduce her.

You didn't walk from Honolulu Tower, did you?

I did.

And you made her walk. Yes. And reason I say that because we're also in the same place.

Thank you again for this opportunity to appear before all of you. I'm very honored to be nominated. I believe I'm qualified, and I have the time, skills, energy, desire, and dedication to serve as a member of DLNR. I believe that my involvement will bolster the collective abilities of the board. I will come to each meeting prepared, will thoughtfully consider.

The issues on the agenda, will balance competing perspectives, and will support decisions that serve the collective good. I pledge to act responsibly to help manage our state's precious land and resources, and to preserve the beauty and heritage of Hawaii for the current and future generations. I won't repeat what I've already presented to you. However, I do wanna mention a few points. Lawyers may be adversaries, but we don't focus on wins and losses.

Collaboration, patience, good listening, and accountability result in good outcomes and happy clients. I have strived during my entire adult life to serve, lend a helping hand, and be a productive member of our community. In the last few months, I have spent many hours with high school flag football. I have volunteered at the Special Olympics.

In the past, I in addition to many law related public service activities, I participated in adopt a highway to clean our streets and organize groups to help clean areas at the Honolulu Zoo.

My life experiences have prepared me for this role and would translate directly into effective service on the board in the form of thoughtful consideration of issues, clear communication, and sound judgment. Again, I thank you for this opportunity to make these comments, and I will address any questions that the committee has for me.

Thank you very much. Are there questions for the nominee? Senator Chang.

Thank you, Mister Chair, and thank you, Mister Young, for your willingness to serve in this capacity. Do you believe that the department should be building industrial facilities like warehouses on its plans near transit stations here in Oahu?

So thank you for that question, Senator Chang. I listened to you ask that same question of my colleague Riley Smith. And I don't mean to dodge your issue, but I have a very similar response that mister Smith has. When we met the other day or yesterday, I told you that I'm in favor of making more housing available for the people of our state. And we talked about my own personal circumstances in trying to make that happen for my own immediate family.

But I am not exactly sure how I can influence that decision, and when we talked about it, I pledged to you that I would talk to the people at DLNR about trying to make that happen. And I say right now on the record that I would try to do that because I agree that more housing is a it should be made available. And housing near, the rail sounds like it would benefit our rail system because we're committed to building it.

We're spending a lot of money to do so. So it sounds like a hand in glove situation where you would want people living near the rail so that they would use it.

But I caution in answering your question because I'm not exactly sure how that would actually be done because I'm too new to the board, so I can't give you a specific answer to your question. But I can only tell you that in generally, I support everything that I heard you and Mister Riley Smith discuss.

Thank you. Thank you, Chair. Further questions?

Yes, thank you. And thanks for giving me the time, you know, as we look forward to this appointment as well. I appreciate you know, you're serving on the board as well. I believe that we do need someone with at least, you know, the background that you have served in your community, as well as being an attorney.

Now, also with having said that, I hope that, this committee, this, your role, will, and you've heard the discussions we've had, with, with Riley, that to ensure clear understanding on any, any item, anything on the notices, your agenda, that you really, you know, ensure that you're making the decisions, rightful decisions, but also if there's issues that are troubling, that somehow take time and don't rush into something that you'll probably, you know, regret, as we move forward.

Because sometimes when we make decisions that affect the communities and our state in general, the DLNR board is actually the key to many areas and issues as, you know, Senator Chang, is active in the housing issues, but also know that with regards to housing, I think the most important areas is SHPD, you know, state historic preservation, issues that comes before the board.

So, with that said, you know, we, we know where we are at this point in time in this generation about housing for our people as well. So, you know, we all support Senator Chang in the endeavors looking for how we can make a life much easier for our people.

But just, just to say that, having served on commissions before, myself, before coming into the Senate, it's so important that you understand, that sometimes we have to think back, and think about people first and the communities first, and what we want to see in Hawaii moving into the future. So we hope that, and I believe you'll do well, and, you know, thank you for your service.

Thank you, Senator. And I hear you loud and clear. I do want to make sure that I'm always open minded and listen to everyone before making a decision.

Thank you. Appreciate that.

Thank you, Chair. Thank you, Calvin, for being here. Thank you for bringing your wife here. I think that speaks a lot of volumes, especially having to have her walk. But we appreciate you being here to support your husband.

I think it says a lot about the family support that is gonna come with the cost of if he moves forward. It does take a lot of commitment and sacrifice, so thank you very much. Calvin, I know in our time that we had discussed in my office, you had been already attending DLNR meetings. Can you remind me what month you started doing that?

Yes. I was, nominated by the governor back in July, so I started attending meetings from August. So I believe I think I've gone to about a dozen meetings so far.

Okay. I think you had just missed it by a few months, but you might be aware of, and I believe we discussed this in my office, about a EIS study, that was done by the army that was rejected by the board, to retain the lease at Pohakuloa. Are you familiar with that? Are you prepared to speak on that?

I am familiar with that particular issue, Senator, and I do remember when that decision was made by DLNR.

Do you agree with the rejection of, the EIS study? Given your legal background, I believe there was a lot of concerns, that it wasn't properly done in in a legal way.

So, I have not seen that EIS myself, but my comments are as follows. I understand that there was at least one board member who felt that all of the boxes had been checked when that EIS was prepared and submitted. But that the majority of the board felt that it's not just checking the boxes that we have to look at, that we have to consider issues that go beyond what is written on that EIS.

I was not there at that time, but I fully understand and support the decision and what that was made by the board because I do believe that we don't sit there to just, and I think I heard this comment made, at some point. We're not there just to rubber stamp.

We're there to use the head that sits on our shoulders to think about and consider the issue and make the right decision. So even though I haven't seen that, I fully understand and support the decision that was made. And I intend to do the same thing as we move forward if I am confirmed.

Thank you for answering that. I do believe that the board did make the right decision considering the flaws that was, reported. And also, I believe even staff at DLNR had raised those concerns. So it wasn't ready, and I appreciate the stand that the board took in opposing it so we can make sure we get thorough information moving forward. I would like to say that I I did enjoy our time, that we did speak together.

You had shared with me and if you don't mind I'd like to share the sacrifice that you are gonna be making with your, I guess, your retirement of your legal

Yes. So when when I found out that I had been nominated by the governor, I talked to my partners, and I could say we have a lot of partners. And there were some concerns raised about potential conflicts. After considering the issue, I decided to retire and withdraw from the law firm. And, I think I told you when we met that, I do miss having more loose change in my pocket.

But, I recognize that we all reach certain stages in our life when we're supposed to transition to something else. I had already made a decision five years ago that I wanted to retire. But at that time, I felt that I still had more benefit that I could bring to the law firm in the form of being a mentor and being a senior litigator for the firm. And, like most litigators, I do enjoy, the give and take of litigation.

I don't I don't like all of the procedure that we have to go through, but it's interacting with people and trying to problem solve.

That is what I enjoy. I've been an attorney since 1982, so that is that's my life. But when I received the opportunity to do this, I decided to put that behind me. So I'm no longer a licensed attorney. I don't look at it as a sacrifice.

I look at it as another opportunity for me to use my training to benefit the people now. I represented lawyers and I taught lawyers during much of my career. And one of the things that I always told them was that we have to give back. The legal profession, we have the benefit of being a part of society that everyone often looks to. We're the butt of a lot of jokes.

But, whenever somebody gets into trouble, they always wanna talk to a lawyer. That means that we have obligations to our, profession, but also to our society. So giving back and serving in this type of position now is exactly what I have been teaching people for the last thirty plus years. So I hope that I will be confirmed so that I can continue to do that.

And now that I'm no longer a full time attorney or even a part time attorney, I hope that I can spend my time helping the people by being a member of DLNR.

Thank you. Just final comment, Chair. Thank you. And thank you very much for your comments. I will say that this is going to be a very important time in history for the Board Members.

We have army leases that are coming up. There's a lot going on with our fisheries. There's a lot of water retention and water rights that we really have to take a hard look on and make sure that we do not put any rubber stampers on this board, because the decisions that you guys are gonna make will affect us for the next fifty plus years.

So it's very important that we do take a thorough look and comb through every, nominee, every candidate, and really start filtering through who's really here, for the future of what our water looks like, what our lands look like. So that is very, very important.

Sounds like you're up for the challenge. It looks like you have a very supportive wife back there, so that's gonna be good. But I wish you all the best, and thank you for your willingness to serve. Thank you, Chair.

Thank you, Senator.

And if you golf, then maybe now you can go golfing and go play with Kurt or something like that. So

I'll never hit the ball as far as Kurt. He hits it a long way.

That you guys can invite me one day when I have recess days. I can take time off too. But anyway, Chair, I do want to and I'm not apologizing for the state. I'm just disappointed that we don't have our Chair of DLNR here to introduce you folks. I'm disappointed that, no member of the DLNR is here.

And I appreciate the time though that you showed up because you're on the agenda. But I'm just not happy that any member of the land division, at DLNR or anywhere to be introducing you folks. I just wanna let you know, but this committee took the time to do the work. And so, just we thank you for being here. Okay.

Thank you. Let me are are there any further questions from the nominee? I have just one, which I think Senator DeCorte raised in her discussion that caused me to think of this. When you're looking at situations as was described with some of the leases and so forth and obviously big decisions that DLNR has to make on this and many other issues in the years to come.

In situations where you do have an EIS that is done by the book and all the t's are crossed i's checked and everything else.

Are there other considerations beyond that that you'd believe there's then discretion to make a decision based upon outside the balance of the EIS. I know you talked about not wanting to just rubber stamp but even when something's done right if it's public support or opposition or cultural sensitivities or whatever it might be. Do you believe there's a place for those considerations to be part of that decision making matrix even when something is filled out?

Yes. I do believe that there is, I don't wanna call it wiggle room, but I believe that there is discretion permitted to the board to examine the issues that are being presented by the entirety of what is before us. An EIS is, is something that is, required. You have to check the box and you have to fill it out properly. But it's a substance that's included within the context of that EIS that we look at.

And we're gonna have to look at, with not just seeing words printed on a piece of paper, but the substance of what is said. It's no different than what I have done for the last forty something years as a practicing attorney. Sometimes you look at a brief and it's well written. The words all make sense. It looks good.

You sound like GPT.

Right. I was just gonna say that. Sometimes something can look too good to be true. So I believe that we have to use common sense and that's why we have seven members of the board. And I do wanna mention that in the last eight months that I have sat on the board, I've been very impressed with my fellow Board Members. It's kinda like when I first went to Kamehameha Schools and all of a sudden, everyone around me was pretty smart.

It's it can be intimidating at first because everyone studies hard, works hard, and comes prepared to the meetings. So we are trying to find where our place is and how we can best contribute. And I think right now, we have a really good lineup. We do miss Dawn. It's, I'm hoping that she will be able to come back.

But Ryan is doing a fantastic job. So, Senator, I hope that I'm answering your question, but, yes, I believe that we do have some discretion. It is not just about somebody submitted a document that is required, and we say, okay. Check. We go on to the next issue.

I don't believe it's that simple.

Thank you very much.

Thank you.

Ok. If there's no further questions, thank you very much. Yeah. Let me, take a quick, two minute recess before we get into the last two nominees. Give everyone a chance to get some water and be right back.

Recess.

Good afternoon. We're reconvening the committee on water, land, culture, and the arts on our 1PM agenda here in state capital conference from two to four. We have left, two nominees. So we're moving on.

As folks will remember, we previously took GM 692 out of order earlier to accommodate travel times. We'll move on to GM 636 submitting for consideration and confirmation to the Board of Land and Natural Resources gubernatorial nominee Denise Serimatsubara for a term to expire 06-30-2029. And testifying first on GM 636, I believe Is, Sang Hai Government Strategies.

Thank you. I'll stand on my testimony in strong support. Thank you.

Up next is Sierra Club of Hawaii.

Good afternoon again Chair, Vice Chair and committee. Representing Sierra Club of Hawaii. We also have comments and some concerns about this nominee. I think, you know, as I mentioned, landlords are the most important boards that we have looking for forward at what's gonna happen to our hands over the coming decades.

And so we really want folks on the board who have some form of relevant expertise, like, to the board's mission. We want and we also want someone with a commitment to the law, including the protection of lay of hand rights and the public trust, which applies to all agencies, not just the landlord and the wire commission, but including in issues like the Hawaii Housing Finance Development Corporation, and also commitment to balance. Right?

And so, you know, the nominee as HFTC Chair has made some decisions, and taken some actions like advocating to this legislature to ignore the claims of native Hawaiians who stolen, you know, ceded lands, rejected multiple offers of compromise put forward by office one affairs.

Also too, as HFTC director, the nominee approved the legal challenge to the water commission when they tried to provide protective conditions on a well in Kona that would have ensured protections from native human rights for marine resources, for the public trust that may have been impacted by the proposal development there.

I see I'm out of time. Happy to answer your questions though, and thank you for listening to our testimony.

Thank you very much. Next is the Hawaii Farm Bureau. Laurie Lum. Thank you.

That's everyone who had signed up to testify. Is there anyone else wishing to testify this afternoon?

DLNR.

Hi. Kira Kahane for Department of Land and Natural Resources. I just wanted to chime in just for all four of the nominees here. The current acting Chair is out, so I am the acting acting hair at present. So we'll just stand on our written testimony in strong support of missus Ari Matsubara as well as the previous two candidates and our final fourth candidate to come. Thank you very much.

Thank you. All right, is there anyone else wishing to testify on GM 636? Hearing none. Any questions from the testifier so far? Hearing none.

Alright. Why don't we bring up the nominee? Good afternoon.

Good afternoon.

Aloha and good afternoon, Chair Lee, Vice Chair, you know, and members of the committee, Mahalo for the opportunity to come before you today. Since we're recognizing spouses and support, I did want to recognize my husband, Mark Matsubara, who took off of work busy as he is to come and support me today. Honey, raise your hand?

He did you drive in the car? Did you walk? Okay

I wouldn't make him walk. You're lucky. So thank you very much. You know, by by background, I'm a part Hawaiian and proud graduate of Kamehameha Schools, which instilled in me a deep respect for Hawaii's land and the responsibility that comes with public service. So I wanna be clear, I'm not a cultural authority or practitioner, but I come with humility and an understanding that stewardship requires, listening carefully, respecting the community voices, and adhering to the law.

I wish to serve in the land board because I believe stewardship of our public lands and natural resources is one of the most serious responsibilities in government. Over nearly two decades in public service, my work has been at the intersection of land, community, and public accountability. Serving on

the board is an opportunity to apply that experience in public administration and fiduciary oversight in service of the state and future generations. My understanding is that the board acts as a trustee over roughly a million acres of public land and the natural resources associated with it. And our responsibility is to be impartial and to exercise sound judgment in balancing sometimes competing interests or obligations. As Board Members, we're policy makers, and we rely on DLNR's professional experience, expertise for the technical analysis and guidance through regulatory matters.

Our role is to set policy and direction, ensuring con accountability, and apply discretion when decisions are difficult.

All would be objective of long term stewardship. I bring experience in government leadership, fiduciary responsibility, and land related policy. As a former executive director of HHFDC, I was responsible for overseeing approximately 1 and a half billion in public assets, ensuring state land and financing programs were administered in accordance with statutory mandates. I also served as the ED of the City and County of Honolulu's Office of Housing and currently lead a nonprofit focused on housing for kupuna and the most vulnerable in our community.

Each of these roles involve significant fiduciary responsibility, navigating land use, infrastructure, public finance, and compliance while remaining accountable to the public or a board.

Earlier in my career at DHHL, I worked on planning efforts that helped secure millions in CIP funding for a connector road, now Kapolei Parkway, which allowed homesteading communities to grow. That experience reinforced for me that land stewardship involves not only protection, but planning and access. My academic training in public administration and business emphasized ethics, fiduciary duty, and collaborative governance, principles that continue to guide how I approach public decision me making.

I have a few goals that I listed in my submission, and one of them includes, supporting administrative effectiveness, particularly in the land division by encouraging continued efforts to modernize land management practices. Lease and permit oversight and timely collection of lease rent and licenses so the department is less reliant on general fund support and better positioned to meet its mission.

So in closing, before I conclude,

I would like to also I would like to also express my strong support from my fellow nominees, Riley Smith, James Carpio, and Calvin Young. Each of them brings important and complimentary experience to the board along with a commitment to public service, thoughtful decision making, and respect for the serious fiduciary responsibilities entrusted to the board. I believe that each will serve with integrity and contribute meaningfully to the board's work on behalf of the people of Hawaii.

So in closing, I just wanna say that I'm deeply honored, by the governor's nomination. And if confirmed, I commit to serving with humility, diligence, and a strong sense of fiduciary responsibility.

I'm also very grateful to my CEO, Tina Andrade. She's the first female native Hawaiian to lead Catholic charities for her support in allowing me time away from work to fulfill the responsibilities of this role. For a small nonprofit, that's that support is not insignificant. But as a leader who is deeply rooted in the community, she understands that public service and stewardship are shared responsibilities that ultimately strengthen our state. So Mahalo for your time and consideration.

Happy to take your questions.

Thank you.

Thank you.

Are there questions from the nominee? Senator Chang.

Thank you, Chair. Thank you again. Do you have do you believe that the department should be developing industrial facilities like warehouses on its plans near rail stations?

So to answer that question, Senator Chang, you know, let me first begin by saying I'm a strong advocate for housing, given my background. But my understanding of the process for development in that area, involves the Oahu general plan, the EVA development plan, and then there is also a, East Kapolei transit oriented development neighborhood plan. So each of those plans, for the area involved a community process. So what I feel, you know, is secondary to the community process and the planning that took place.

Me, personally, of course, I'd advocate for denser housing around TOD.

It makes sense. But I think we need to understand what that process was, look at the EIS, and I agree with member Smith's recommendation that we take a look at the EIS. And then if that is the direction we wanna go in, look for funding to redo the EIS if necessary and then coordinate with the community to ensure that all these plans line up.

Because my understanding is the TOD neighborhood plan for East Kapolei has to align with the EVA development plan and then the overall general plan in the uses of the lands.

Is that a yes or no?

It's a qualified yes.

Let me rephrase let me repeat the question. Do you believe that the department should be developing industrial and other facilities on lands near the rail stations?

My personal answer is, no. It should go to housing. That's my personal answer. But as a board member and a fiduciary to the public trust, we'd have to analyze all the rest of the stuff I just mentioned.

Can I ask you again to answer yes or no?

Sure. My personal answer is yes. As a fiduciary of the board, we would have to look at all the plans that are affected that we are supposed to align with.

Thank you, Chair.

Further questions? Excuse me.

I'm not sure if the question, Senator, I was I'm on the TOD board as well, but I don't think that any, any area of development had we talked about including industrials within the TOD and the rail line. So I hopefully, it doesn't I mean, I wouldn't like to see industrial lands within the rail line. I think housing is more important, but just to say that, and I hope that that's not in the plans, Senator.

It is.

Industrial? Can you which area?

Yeah. We can we can dive into them.

Yeah. Later.

Yeah. There's a city resolution that calls for mixed use.

City side. Okay. Because There's a mixed use plan.

Then I think that we all should be aware of what's happening that the city wants to do. Because it's a co op, yeah, on the on the real system and the development.

It's very much.

Wow. Okay. So good. There's a lot more that has to do.

We can dive into the

We can do that.

Merits of that specific project. Exactly. Later on.

Okay.

But questions from the nominee. Further questions from the nominee. Just wanna dive into I think something that the testifiers had raised previously. Well one question from the last nominee which was with respect to EIS for various things, do you believe there's room beyond just the scope of an EIS to consider various other variables when making a decision on something even if the EIS is done appropriately, as in the case I think raised by one of our colleagues. Whatever those considerations might be outside the scope of an EIS.

Sorry, let me ask it, like choking the debt here. Even when EIS is done appropriately on a specific issue, do you believe there are other variables that should be weighed by the board when making a decision, or do you believe it's, EIS itself is sufficient, to guide decision making?

Thank you for the question. I I believe there's always gonna be all facets that need to be considered. You know, an EIS may look good on paper as, nominee, Young said, but there are other fact practical matters. I mean, how does it benefit or hurt the people on the ground, that have to be looked at beyond the EIS? So there's a number of other facets that sometimes have to be considered.

That's something that you think that, is part of your role on the board?

Yes.

Thank you. And just to follow-up on something else raised in the testimony at one point, you had said, I think in one of your previous roles with the state, there was no set number of acres contemplated for development of ceded lands with respect to various uses for housing and other things.

I believe this was four or five years ago, but as we look forward how do we draw the line and where should those considerations be with respect to preserving the public trust resources specifically for native Hawaiian beneficiaries, and how do you view that? How would you answer that today?

So I'm I think I understand the question, or more likely the concern concern about developing unceded lands. Is that the so let me just put this in context. My former role as the head of HHFDC, of course, is to advocate for and facilitate the delivery of housing, simply put. I just need to clarify some information, though. With respect to La'iopua and villages of Leali'i, those involved ceded lands, that lands were controlled by DLNR, and then transferred over to HHFDC.

But because of the litigation, development was suspended. And then the transfer eventually went back to DLNR, and I believe, DLNR may have conveyed or had an agreement with DHHL to develop. For example, Leiali'i, is ceded lands. HHFDC had conveyed, and this is before my time, conveyed a portion of the lands to build villages one a and one b. So those are all homesteads, and that was developed by DHHL.

A portion of it was also dedicated to the Department of Transportation. The housing agency also leased some Le'ili'i land to Maui County next to their civic centers. So to my knowledge, no Le'oli lands were sold or conveyed to anyone else. So that's the clarity in, La'iopua. Like I said, that development rights was transferred back to DLNR.

The section that was developed is non ceded lands, and that's Kamakana Villages. The master plan of which, is being done by Stanford Carr, But even that development in North Kona is suspended because of a lack of water, available water in North Kona.

Yeah. Let me just rephrase the question specific to I think what was raised in the testimony which was I guess forward looking. How do we find a balance between specific to ceded lands using those lands for various needs or priorities, could be housing, could be any number of other things versus balancing that against the public trust obligations for native Hawaiian beneficiaries and other cultural purposes.

How would you describe your approach to that?

So

Let me answer your question. So my approach would be, it would have to meet the the test of the public trust. Right? It is the lands are held in trust for the benefit of all people.

But one of the Section five F uses is for homeownership and farming, and that's for homeownership on a widespread basis as possible as well as for the advancement of native Hawaiians. So that's where you have two uses under the Admissions Act, right, that are both part of our responsibility. And that's when it comes down to a case by case analysis of competing obligations and priorities, which the board has to deliberate on.

But put it through the Kapa'akai analysis, that legal framework, to analyze what would be the impact, And then, two, the customary or traditional practice. And then, see, the board would have to take responsible action to mitigate, any kind of harm.

So that would be my approach.

Thanks very much. Further questions? I'll just note we have to wrap up by 03:30. So if there's any other pressing questions for all the, any of the nominees, what we can do, we can follow-up with written questions as well. But vice chair, go ahead.

No. No, we're fine. I, yeah,

I just thank her for being available and commit to serving on the board. I think it'll be a good addition.

Thank you.

Thank you very much. Up next, let's move on to GM 638 submitting for consideration and confirmation to the Board of Land and Natural Resources, gubernatorial nominee James Correio. Excuse me. Return to expire 06/30/2029. Testifying first on GM 638 is the American Hotel and Lodging Association.

On Zoom?

Not on Zoom, Chair.

We also have Tiara Lawrence on Zoom.

Also not on Zoom.

That is everyone who had signed up to testify. Is there anyone else wishing to testify on GM 638 this afternoon? Alright. Hearing none. Why don't we go ahead and bring up the nominee.

He's on oh, there he is.

Good afternoon.

Good afternoon. Aloha.

Chair Chris Lee, Vice Chair Inouye, committee. Aloha. I have submitted my testimony. I stand by what I've submitted. I am very honored to be here.

I feel a big kuleana to people of Hawaii. I am from Maui, Maui, Nui. I represent Molokai Lanai at Maui. But more so, I represent all of the from Kau to Keire. I have a vast background experience.

I've been very privileged to be in a number of industries. My background is horticulture. I've done many things in agriculture, from ranching to farming to ornamentals to organic to inorganic, aquaculture. I'm very deeply connected to my, my kai. As a hunter, a gatherer, a fisherman, I've done many, many things and practice because I've had the privilege of my kupuna that come before me, which I honor and I'm a hollow throughout this entire that have given me the skills, the experience, to be here today.

I've been in the industry of hotel as a director of landscape. I've seen the development world in housing, and more so, my passion of being in conservation for the last two decades has made me become who I am today. So I feel very honored, very privileged to be here sitting before you folks to represent all of Hawaii, not just Maui or Maui Nui. I came, I speak from my heart. I don't have anything in front of me.

I speak from my experience and who I am as a Kanaka Maoli. I take the water issues. I take all of our resources very, very serious. I've had experience being on the original coral reef recovery plan team on Maui. I've been part of the Maui Maui, sanctuary for the marine sanctuary, water quality.

I've helped out with Papa Naumokuakea. And I feel very blessed to be involved in all of those areas. More so, intimately working with a lot of the communities throughout Hawaii. I've been here during the World Conservation Conference, trying to help educate a lot of our constituents in this holly. So I come from a little different perspective, you know?

So I'm very, very grounded in who I am. I'm I have the ability to articulate permits, leases, and make the right decision. But more so, I'm a firm believer in co management. And I think moving forward in who we are and what we leave after our time is gone is more important. So I take this position very, very seriously.

I look forward to working with my colleagues. I have a lot of aloha in my short few meetings that I've had since January. I am I am very inspired by the talent, integrity, and and the the gel bonding that we have in the short time that we've been together. I I feel very privileged to have the unsung heroes of our staff in DLNR, which I'm getting to know a a little bit, deeper now because of the position.

You know, I see I see our staff as the poor mullet that most people don't get attention to, but they're very important to the rest of the food chain.

And that's kinda how I see and I move. So I correlate and articulate in a different way. Everything that I do has to be related to what I enjoy and what I I know. And I think that's part of who I am as a Hawaiian. Thank you.

Mahalo.

Thank you very much. Congratulations on your nomination.

Thank you.

Other questions for the nominee?

I have, yeah, some questions.

Well, you know, looking at your service and we thank you for all you have done in your years on Maui as well and working in other areas. But I believe, I think looking at the board concept for many years, we really did not have many or anyone that I can remember that had some agriculture background. So, I'm pleased with that. That's important, as well.

One area that is before the legislature these last several years, including this year, And it's, I mean, we're, we're all what 70 something of us in the legislature.

We all agree to disagree, but there's issues before us that sometimes that oftentimes look at what we're doing with our areas of coastal management and the marine management areas. I'm a big supporter of aquaculture. And not only because I believe that the future for sustainable foods in our system must continue whether we're looking at ocean aquaculture, but also look at how we managing the communities.

And I know right now we have issues before us, making decisions that also affect decisions that you guys will be doing with, with marine resources, as well as, fishing, taking off fish. Now, one of the reasons we have to understand if we want to continue to have sustainability in the use of our oceans, that we must remember that aquaculture also plays a big role.

Now, if we CAFU certain areas in our island states, how we're going to create areas where we want to do research and development with growing our own fishing, using aquaculture, like we've done in years past. Right now, we have only one area in Kona that has the fishing areas with creating, you know, development of aquaculture outside near the airport. So, you know, there are issues that we have to understand.

And I believe in at least saving the fish that we have that takes care of our corals. But we gotta understand also that looking at what we're doing with creating sustainability for food supply.

And so there's it seems like right now, we're taking seat back or a competition between how we're using our water areas, then how we're looking at the future because we have right now, there's advocates for banning areas. And then there's the fishermen that says, why are we taking more lands away where we can't even go fish anymore? So anyway, just to let you know that that kinda concerns me. And that's areas that you've worked with.

You you know, I'm happy that I saw that you worked with Kaukulehu and the Kaukulehu fishing area was one of the first areas where we decided we're going to create a, a no take for, you know, so many miles, but then it continues, but that's good.

And I supported that. That was in a district that I served, but now we're doing that. It seems like we're creating too many of the areas where now aquaculture is on the back. So but I hope that, you know, when we had the university creating seedlings, you know, of fishing that we can use so that we can learn to then grow our fish and also make sure that we have an abundance of fish that we can all enjoy.

But once you start closing off areas, too many has concern, you know, is, is like a Kapu system.

And I understand the counties, there are areas where, you know, they are areas that we can preserve, but please try to manage our systems where we can also manage areas where our fishermen out there can continue to be able to go fish and save and, you know, create their own livelihood. Because a lot of the fishermen out there right now, that's all they do. They don't have second jobs. But you know, it seems like, and I'm there.

They feel that they're being kept away from creating an industry just for survival and now it's diminishing.

So be careful with all the issues that's before you folks, but think that there are also other air other people in the world that needs to survive, particularly in our state.

Thank you, Vice Chair.

And I'm glad that you have different backgrounds.

Thank you, Vice Chair Inouye. If if I can comment?

Sure.

I am very balanced. And so given all the the information, I'm confident that we will make the right decisions. As for fish farming offshore, there is always a place for that. But more so, I would like to emphasize that we try to bring back our local ea fish ponds as far as a way of bringing back our method of fish farming.