Ka Wai Ola - Office of Hawaiian Affairs, Volume 39, Number 8, 1 August 2022 — 2022 Legislative Session Summary: Outcomes for Bills lmpacting Native Hawaiians [ARTICLE+ILLUSTRATION]

2022 Legislative Session Summary: Outcomes for Bills lmpacting Native Hawaiians

2022

LEGISLATIVE SESSI0N

By Seanna Piper Jordan, Kealoha Pisciotta and Miehele McCoy, ŪHA Puhlie Policy Advocates

The 2022 legislative session was a historic one for Native Hawaiians. On July 11, 2022, Governor Ige signed HB2511 - whieh heeame Act 279 - granting DHHL $600 million to pursue a multi-pronged approach to eliminating its waitlist. Due to the state's unexpected budget surplus, many longstanding unresolved matters were conffonted. Even prior to the session, legislators were examining issues affecting the Native Hawaiian community, resulting in the passage of many bills that have near-term benefits for the lāhui - as well as some measures that may provide a path forward to address the outstanding eoncerns of our community. The following is a summary of some of the key bills and one resolution from the 2022 legislative lession for whieh the OfRce of Hawaiian Affairs (OHA) provided testimony and advocacy. These measures raised, or sought to address, issues of eoneem to the Native Hawaiian community. PASSED AND SIGNED BY THE GOVERNOR SB2021 - whieh then heeame Act 226 - increasing the payment amount for OHA's pro rata share of the Publie Land Trust (PLT). After the Senate Ways and Means committee deferred OHA's Package PLT bill (SB2122), legislators decided to use SB2021 as a vehicle to change OHA's pro rata share. At one point, OHA protested legislators' changes to the formula for calculating OHA's pro rata share by using net receipts instead of current gross receipts. OHA successfully negotiated amendments to

SB2021 that not only stopped any harmful provisions, but also improved the status quo. The legislature success- i fully adopted a final version of the measure that: e f • Increased OHA's interim annual pro rata from $15.1 I million to $21.5 million, whieh, while an improve- t ment, is far less than OHA's request for $78.9 million 1 annually. I • Allocated a one-time payment of $64 million to i OHA, whieh reflected the difference between $21.5 million and the prior allocation of $15.1 million over a i period of 10 years. t • Established an OHA-led working group to account \ for all ceded lands in the PLT inventory and for all ineome and proceeds from PLT, in order to determine the actual 20% pro rata share. SB11411 - whieh then heeame Act 212 - Historic Preservation Program; duties; penalties. 1his measure increases fines for violations committed by those who knowingly destroy or harm a burial or any other historic property. The measure also requires that any landowner or developer responsible for the violation to carry out mitigations as prescribed by the State Historic Preservation Division (SHPD). HB1768 - whieh then heeame Act 027 - relating to the disposition of water rights. OHA supported this measure whieh will assist kalo farmers in rebuilding and maintaining their lo'i by exempting the instream use of water for traditional and customary kalo cultivation practices from the existing process for disposition of water. The measure recognizes, confirms, and protects traditional, customary kuleana rights to water, including rights of use, access, delivery, and quality of water. Consistent with the Taro Security and Purity Task Force's report of 2010, this measure creates a legal framework for managing Hawai'i's precious freshwater resources. HB2024 - whieh heeame Act 255 - relating to Maunakea stewardship and oversight authority. In 2021, the House adopted HR33, a resolution to convene a working group to develop recommendations for a new governance and management structure for Maunakea. OHA participated in the Maunakea Working Group (MKWG), whieh presented its recommendations to the 2022 Legislature. These recommendations were incorporated into the original draft of HB2024. OHA did not oppose the original draft, but as the bill progressed in the legislative process, committees amended HB2024, and key provisions were changed - whieh OHA opposed. The hnal bill that passed the legislature includes substantive changes to MKWG's recommendations - including the University of Hawai'i's stewardship and oversight authority and Puhlie Lands Trust limitations.

Additionally, OHA supported a successfully adopted resolution in support of olelo Hawai'i, HCR 130, whieh addressed 'Apologizing to the Native Hawaiian People for the Effective Prohibition in Hawai'i Schools of the Instructional Use of the Hawaiian Language from 1896 1986." The language of the resolution included a decthat this body (the House) urges the executive of the State of Hawai'i to also acknowledge the ramifications of the overthrow of the Kingdom of Hawai'i and to address the historical and contemporary between the United States of America and the Native Hawaiian people. On April 8, 2022, the Resolution was adopted in final form. ■