Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 5, 1 May 2004 — Legislative Review [ARTICLE+ILLUSTRATION]

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Legislative Review

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How are Hawaiians faring at the Legislature this year? A number of bills impacting Native Hawaiians remain alive in this year's legislative session, but it ean be difficult for a lay person to determine whether a particular measure is beneficial or harmful to their interests. So, as lawmakers

headed into the home stretch for the year, OHA asked seven experts on laws impacting Native Hawaiians and the environment to offer their observations on pending bills. We urge you to contact your representative and senator with regard to their position on these critical matters. For further information on these and/or other bills, or copies of OHA testimony, contact David Rodriquez at 594-1756.

Alan Murakami Litigation Director, Native Hawaiian Legal Corp.

• On HE2985 HD2, Relating to the Land Use Commission, whieh would allow the governor to select commission members from lists provided by OHA and the leadership of the Senate and House: "This is a good bill for Hawaiians. It would give OHA unprecedented input into the appointment process, whieh is due." • On HE21266 HD1, Relating to the Land Use Commission, whieh would establish a presumption that a dwelling is not a farm dwelling if certain nonagricultural features in a subdivision or development are determined to be present: "The passage of

this bill would be timely, given the spate of developments seeking to avoid eomplianee with the agriculture provisions of state land-use law. An early indication of eomplianee with the laws would preclude confusion over land uses well in advance of investment and design decisions, and would help avoid the protracted conflicts we have witnessed across the state." • On SB3052 SD2 and HE2800 HD1, Relating to Important Agricultural Lands, whieh would establish policies and procedures for identifying and managing important agricultural lands: Murakami says the intent of the bill is worth supporting, but the "uses do not uniformly eonform to the agreements by the Agricultural Working Group, so we recommend deferring these bills. Both bills are an attempt to implement Art. XI, sec. 3, whieh requires the state to identify 'important agricultural lands.'"

Jon Van Dyke Professor, William S. Richardson School of Law

• On HB1805 HD3, Relating to the State Plan, whieh would recognize the military presence in the state as an area of important state eoneem: "In its present state, the bill would be detrimental to the Hawaiian community, because it expresses support for a eontinued substantial military presence in Hawai'i without a corresponding recognition of the urgent need to address and resolve the claims of the Native Hawaiian people against the federal government."

• On HB1806 HD2, Relating to Military Iiislallalions. whieh would require county planning officials to notify nearby military installations of proposed zoning changes and to eonsider the impact of any zoning changes on nearby military installations: "This bill would be detrimental to the Hawaiian community and should be opposed. The recent activities of the military in Mākua Valley remind us onee again that the military has not been a responsible steward of the lands they occupy. The military is an invitee to our 'āina and should not play a dominant role in determining how the lands should be used."

jeff Mikulina President, Sierra Club - Hawai'i Chapter

• On SB3116 SD2, Relating to Cruise Ships, whieh would establish standards and violation penalties for discharge of wastewater and air emissions from commercial passenger vessels into marine waters of the state: "While the bill allows for penalties and sets up a monitoring inspection program funded though a small passenger fee, this measure currently doesn't go far enough to protect Hawai'i's coastal waters. The bill should be amended to prohibit all sewage and

gray water (galley and shower wastes) from being discharged into Hawai'i's waters." • On SB1556 SD2, Relating to Coastal Zone Management, whieh would clarify the definition of "shoreline" and authorize the state land surveyor to rescind a shoreline certification based on misrepresentation: "The bill clarifies that the shoreline is at the highest wash of waves during the season when the highest wave wash occurs, and increases puhlie notification of shoreline certifications. But the measure should be amended by deleting any reference to vegetation growth (an indicator occasionally abused by homeowners who want to reduce their setback)."

Melody Mackenzie Native Rights Attorney

• On SB2758 SD1, Relating to Ceded Lands, whieh would prohibit the state from selling, exchanging or otherwise alienating lands contained in the puhlie land trust: "The state should not sell or otherwise transfer these lands until the elaim of the Native Hawaiian people is addressed and resolved. The ceded lands are the land base for a re-established Native Hawaiian government and should be held intact for the Hawaiian people."

• On HE2074 HD1 SD1, Relating to Penalties of Ileallh, Environmental and Cultural Preservation Laws, whieh would ensure that allowahle waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources: "This is generally a good bill that will help protect important Hawaiian eultural and environmental values." • On HB2167, Relating to Public Access, whieh would prohibit gated communities that deny puhlie access to any coastal shoreline, mountain or inland areas used for recreational or cultural purposes: "Although this is a good bill, and will help Hawaiians gain access to shoreline and inland areas, the Legislature should undertake a comprehensive review of access problems throughout Hawai'i."

Dr. Verlieann Malina-Wright Chairperson, Native Hawaiian Education Council

• On HB1335 HD3 SD2, Relating to Tuition Waivers, whieh would award partial to full tuition waivers to University of Hawai'i students of Hawaiian ancestry: "Native Hawaiian people have not been fairly eompen-

sated for the use of ceded lands and revenues for these lands. A major purpose of this process was, and eontinues to be, meeting the educational needs of the Native Hawaiian people. But the proposed date for this statute to take effect is not until July 1, 2010. I do not support this delay in addressing the needs of the Native Hawaiian people. We have waited 92 years for the educational needs of our people to be met. The bill should take effect in January 2005."

Malia Nobrega Waikīkī Hawaiian Civic Club

• On SB643 SD2 HD2/HB2034 HD2, Relating to Bioprospecting, whieh seek to protect rights to Hawai'i's unique biological resources by prohibiting the conveyance of rights, interest and title to biological resources on all public lands.

(Bioprospecting refers to the search for "interesting" or commercially valuable species and genes for pharmaceutical, ehemieal and other uses.) The bills also establish a temporary advisory commission to propose future legislation: "The proposed commission will have little work to do if interim regulations staking Hawai'i's elaim to our biodiversity are not put in plaee now. We will only support legislation that requires that reservation of Hawai'i's title and biosafety standards are put in plaee."

Harriet 0'Sullivan Kupuna

• On SB2440 SD1, Relating to Public Lands, whieh would allow

900 homestead leases to be assigned to hānai and adopted first cousins: "If this bill is approved, I certainly believe it would improve the status of the hānai child."