Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 6, 1 June 2014 — 2014 LEGISLATIVE REVIEW [ARTICLE+ILLUSTRATION]

2014 LEGISLATIVE REVIEW

By Sterling Wong Major milestones for Native Hawaiian health and eultural protection are poised to heeome law, after a tumultuous yet largely positive session at the state Legislature this year. A bill that would have allowed OHA to seek residential development on its Kaka'ako Makai lands received considerable attention by both the Legislature and the puhlie, generating debate regarding the role of "appropriate" development in Hawai'i as well as the right of Native Hawaiians to determine the best use of their own lands. In its hnal House draft, Senate Bill 3122 Senate Draft 2 House Draft 2 would have removed residential development prohibitions on three of OHA's nine parcels in Kaka'ako Makai, providing a substantial and reliable revenue stream for the agency's programs and services statewide. Despite substantial testimony in support and two mass rallies with hundreds of participants, the bill died during the hnal minutes of the conference committee deadline. While the down-to-the-wire death of the high-profile Kaka'ako bill eame as a major disappointment, OHA enjoyed a mostly successful session of legislative advocacy. For the first time in five legislative sessions, none of the bills opposed by OHA passed out of the Legislature. These included House Bill 1678 HD1 SD1, whieh in its hnal Senate draft would have drastically altered the state's historic preservation review process and restricted archaeological review protection to only those sites deemed "eligible for inelusion" in the state historic register. Notably, the state historic register's nearly complete laek of cultural sites drew grave eoneem from OH A and other stakeholders as to whether this new restriction may jeopardize cultural sites and iwi kūpuna in future construction

projects. This bill died in conferenee committee after numerous stakeholders, community members and OHA staff raised their concerns with legislators.

OHA staff, with the support of partner organizations and eommunity members, also successfully advocated for two measures that were included in OHA's 2014 Legislative Package. As part of its mandate to advocate for Native Hawaiians, the Office of Hawaiian Affairs introduces a legislative package eaeh year to advance the interests of Native Hawaiians. This year, the following OHA bills were passed by the Legislature: HB 1616 HD1 SD1 This bill would amend the state health-planning statute for the first time in nearly 30 years, bringing it up to date with current best practices in heahh planning. In doing so, it would allow state agencies to plan around and invest resources in addressing the social determinants of heahh, otherwise known as the systemic, circumstantial factors that ean greatly inhuenee heahh outcomes of eommunities and individuals. Secondly, h would align state policy whh federal policy that codifies the longstanding federal commitment to raising Native Hawaiian heahh to the highest level, and expresses the special relationship between Native Hawaiians and the federal government. Lastly, this bill would also direct agencies to specifically address the heahh disparities of Native Hawaiians, other Paeihe Islanders and Filipinos, communities identified as particularly health-vulnerable in a

recent report by the John A. Burns School of Medicine. HB 1618 HD1 SD1 CD1 This bill would require one member of the Board of Land and Natural Resources to have demonstrated expertise in Native Hawaiian traditional and customary practices. As the state agency entrusted with managing the state's natural and cultural resources, the BLNR regularly makes critieal decisions that impact Native Hawaiians. A member possessing Native Hawaiian cultural expertise would assist the BLNR in making decisions that appropriately reflect Native Hawaiian issues and concems, including traditional and customary practices, the puhlie land trust and Native Hawaiian cultural values that are intrinsically tied to the 'āina. SB 2874 HD1, a bill in the governor's administrative package, contains a substantially similar requirement, and also passed this session with OHA's support. Both HB 1616 and HB 1618 have been enrolled to the governor, who has until July 8 to sign the bills into law, veto them or allow them to pass into law without his signature. Eaeh year, OHA puhlie policy staff not only develop and introduce a legislative package on behalf of OHA's beneficiaries, but also review thousands of bills introduced during session and track and testify on hundreds of measures relevant to the Native Hawaiian community. However, our success depends not only on our own efforts, but on the willingness of the community to participate in the legislative process as well. To learn more about OHA's advocacy work, and how you too ean heeome an agent of change, please visit www.kamakakoi.com. ■ Sterīing Wong is pub!ic poli.cy manager at OHA.

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GOVERNANGE To restore pono and ea, Native Hawaiians will achieve self-gover-nanee, after whieh the assets of OHAwillhe transferred to the new governing entity.

LEGISLATURE