administration staff: kamanaopono crabbe … · deja ostrowski, adv keith bukowski, adv ... jd...

STATE OF HAWAIi

OFFICE OF HAWAIIAN AFFAIRS560 N. NIMITZ HIGHWAY, SUITE 200

COMMITTEE ON BENEFICIARY ADVOCACY AND EMPOWERMENTMINUTES

Match 15, 2017 10:00 a.m.

ATTENDANCE:Chairperson Robert K. Lindsey, Jr.Vice-Chairperson Dan AhunaTrustee Rowena AkanaTrustee KeIi’i AkinaTrustee Carmen Hulu LindseyTrustee Colette MachadoTrustee John Waihe’e, IV

EXCUSED:Trustee Leina’ala Ahu IsaTrustee Peter Apo

BOT STAFF:Jeremy K. HopkinsKauikeaolani WailehuaUilani TanigawaLehua ItokazuClaudine CalpitoMaria CalderonLiana PangAlvin AkeeLady Elizabeth GarrettMelissa Wennihan

I. CALL TO ORDER

ADMINISTRATION STAFF:Kamanaopono Crabbe Pouhana / CEOAnuhea Patoc, PUBLDeja Ostrowski, ADVKeith Bukowski, ADVMomilani Lazo, EA CEOZuri Aki, ADVJocelyn Doane, PUBLKamaile Maldonado, PUELMonica Morris, PUBLSterling Wong, MEDIA

GUESTS:Landon Paikai

Chair Lindsey (CL) calls the Committee on BeneficiaryWednesday, March 15, 2017 to order at 10:01 a.m.

Advocacy and Empowerment meeting for

CL calls for a Roll Call. Below is the record of members PRESENT:

AT CALL TOMEMBERS ORDER TIME ARRIVED

(__10:01_am__)CHAIR ROBERT LINDSEY, JR. X

VICE-CHAIR DAN AHUNA XTRUSTEE LEI AHU ISA EXCUSED

BAE COMMITTEE MEETING of 19 Minutes for 03/15/2017

TRUSTEE ROWENA AKANA 10:18 AMTRUSTEE KELI’l AKINA XTRUSTEE PETER APO EXCUSEDTRUSTEE HULU LINDSEY XTRUSTEE COLETTE MACHADO XTRUSTEE JOHN WAIHE’E X

At the Call to Order, SIX (6) Trustees are PRESENT, thereby constituting a quorum.

CL requests a motion:

To waive the OHA Board of Trustees Operations Manual practice at which materials will bedistributed at least 72-hours prior to the meeting where said materials will be reviewed, discussed, oracted upon regarding items:

II. Approval of MinutesA. February22, 2017

IV. New BusinessA. 2017 Legislative Positioning - Matrix 1**

V. Unfinished BusinessA. 2017 OHA Legislative Package Updates — Matrix 2**

Trustee Ahuna (T. Ahuna) — movedTrustee Waihe’e (T. Waihe’e) — second

1 2 Y N Kanalua Abstain Not

MEMBERS Presentat timeof vote

tRUSTEE LEI AHU ISA EXCUSED

VICE-CHAIR DAN AHUNA x XTRUSTEE ROWENA AKANA xTRUSTEE KELI’I AKINA XtRUSTEE PETER APO EXCUSED

tRUSTEE HULU LINDSEY XtRUSTEE COLETTE MACHADO XtRUSTEE JOHN NAIHE’E x XCHAIR ROBERT LINDSEY, JR. X

MOTION: [X ] UNANIMOUS [ ] PASSED t ] DEFERRED [ ] FAILED

ILAPPROVAL OF MINUTES


A. February 22, 2017

CL calls for a motion to approve the minutes of February 22, 2017.

Trustee Ahuna (T. Ahuna) — movedTrustee Waihe’e (I. Waihe’e) — second



tRUSTEE LEI AHU ISA EXCUSED

VICE-CHAIR DAN AHUNA x XtRUSTEE ROWENA AKANA XRUSTEE KELI’I AKINA XRUSTEE PETER APO EXCUSED

RUSTEE HULU LINDSEY XtRUSTEE COLETTE MACHADO XtRUSTEE JOHN WAIHE’E x XCHAIR ROBERT LINDSEY, JR. x

MOTION: [ X ] UNANIMOUS [ ] PASSED [ ] DEFERRED [ ] FAILED

III.COMMUNITY CONCERNS*

CL asks if anyone has come to speak under COMMUNITY CONCERNS.

CL mentions for the record that Germaine Meyers submitted written minutes and those minutes arelocated in the BAE Committee Meeting packets previously distributed to Trustees. (Please find thistestimony attached to the minutes.) CL goes on to mention that the attachments sent in andreferenced by Germaine were transmitted to Trustees electronically.

CL says thank you and proceeds on to item IV. A. He calls upon Dr. Kamana’o Crabbe (KC) to shareupdates regarding the BAE Legislative Matrix.

IV.NEW BUSINESS

A. 2017 OHA Legislative Positioning — Matrix 1**


KC calls upon Jocelyn Doane (JD) to share updates regarding the BAE Legislative Matrix. JD sharesthat a few measures didn’t make it on the matrix and she would like to address those.

JD shares the first measures to be added are HCR192, HR12O, SCR153 and SR74. These are theresolutions speaking to “The Year of the Hawaiian”. She goes on to share the origin and the focus ofthe resolutions. (REQUESTING THE GOVERNOR TO ISSUE A PROCLAMATION TO DESIGNATEJANUARY 2018 TO JANUARY 2019 AS THE YEAR OF THE HAWAIIAN AND REQUESTING THEOFFICE OF HAWAIIAN AFFAIRS TO STUDY AND RECOMMEND TO THE LEGISLATURE APLAN TO CELEBRATE THE YEAR OF THE HAWAIIAN.) OHA Administration recommendsSUPPORT WITH AMENDMENTS.

CL shares his memories of the events of that day and how amazed he was at the amount ofHawaiians that showed up at the Aloha Stadium.

Trustee Akina (I. Akina) — shares his support for the resolutions, but cautions that OHA should not becommitting to funding the event as it is a resolution and not a Bill; and OHA should not be endorsingthe WHEREAS clauses in the resolutions as other beneficiaries may have differing opinions.

Trustee Machado (T. Machado) — requests JD to briefly share who the other partners are in thiseffort. She goes on to mention Kamehameha Schools and CNHA.

JD mentions that Public Policy can return next week to respond to that question, but OHA isrequested to be the coordinator of the event(s).

The next items mentioned are HCR1 98 and HR1 26. These measures request OHA to convene aHo’oponopono Task Force. OHA already works with a Kupuna Ho’oponopono group and suggestsSUPPORT of the measure. KC and JD share more comments about how the Task Force resolutioncame to be and how OHA has already been at the forefront of the issues due to its involvement insuch issues since 2010 and the release of the report entitled “The Disparate Treatment of NativeHawaiians in the Criminal Justice System”.

JD shares that GMs are coming out soon and speaks to the applications to the Water Commission.The four names the OHA Administration submitted to the Governor to show support areCommissioner Kamana Beamer, Chip Fletcher (UH Professor), Kekai Perry (Attorney and Professorat UH) and Dean (Denise) Antolini (UH Professor).

JD moves onto HBJ41. This measure would repeal the planning research special fund establishedby OHA. OHA Administration recommends COMMENT.

The next measure is HCR1 3, which staff missed adding last week to the matrix. This relates to thesale of the leased fee interest at 41-529 lnoaole Street. OHA Administration recommendsCOMMENT as it is consistent with current policy.

The next sets of measures are HCR94, HR56, SCR85 and SR33. These measures relate to the OHATrustees being appointed versus elected. The resolutions request OHA to convene a group ofstakeholders and create a Task Force that would discuss and potentially give a recommendation tothe Legislature on whether or not the OHA Trustees should be appointed or elected. OHAAdministration recommends COMMENT.


Trustee Waihee (T. Waihee) — asks who would appoint the Trustees. Are there any current ideas?

JD responds that OHA Corp Counsel shared ideas with Public Policy, but these are just ideas rightnow. One possible way is to mirror how the Kamehameha Schools Trustees are selected.

Trustee Akana (T. Akana) — asks why OHA is just willing to COMMENT and not OPPOSE. T. Akanasuggests that appointed Trustees do not represent the people, but elected ones do.

T. Akina — shares that, “... the resolutions put OHA Trustees in an awkward position as fiduciaries intheir current role. The Trustees’ role is defined by HAWAII REVISED STATUTES and the StateConstitution. It is a role that is established by multiple stakeholders which includes the constituencyof the voting public and we are accountable to them. In the resolutions, the only stakeholders that areenumerated are either expert categories or the Hawaiian Community. What is excluded here is thegeneral voting public to which each of us is accountable in our role here. So, we would be in anawkward position to convene a group to discuss the status of this board and its process for electionand exclude the general voting public from that. So, while this resolution has no force, in other words,it could be passed by the Legislature and we can ignore it, it probably would be in our interest toOPPOSE it.”

JD shares that the position of COMMENT is recommended as that is the position Trustees havetaken on OHA Trustee Election Bills in the past. However, if Trustees desire to OPPOSE it ratherthan comment, then that can happen as well.

T. Akana — says, “We should OPPOSE.”

A brief discussion occurs to consider bifurcating these items when voting upon the matrix datedMarch 15, 2017. At the end, CL says the committee will bifurcate when voting.

T. Akina — comments that this resolution’s affect would be as if the Legislators were to askthemselves if they should be appointed or elected and exclude the voting public from theconversation. He believes it could create some problems.

JD responds to T. Akina’s comments and shares that OHA has a beneficiary class it represents andfor whom it has kuleana. Trustees are also elected by non-beneficiaries, but the fiduciary duty is tothe beneficiaries and not the general public. She goes on further and mentions that should this bethe recommendation, it would have to be a constitutional amendment and at that point, the generalpublic would be involved.

I. Akina responds by saying, “Yes, that is correct. However, in the general sense of the termfiduciary, as it applies to our political role that we are elected officials and we have a defined role withthe voting public defined by the constitution. And you are correct. It will eventually go to them whichis why it would seem strange to exclude them from the conversation at the front end.”

T. Waihe’e comments that he does not want to oppose based on that comment otherwise this mayend up on the ballot.


Additional discussion occurs regarding the opening up of Chapter 10 and the representation of thepeople by the Trustees. T. Akana continues to say that appointed Trustees do not represent thepeople, but the elected ones do.

JD continues on with the next measure, item 18, HCR99. This Bill would create a Remnant ParcelTask Force. OHA would be a member and the action of the Task Force would be to determine thedisposition of the remnant parcels. OHA Administration recommends SUPPORT.

JD shares that those were the NEW BILL positions. Now she begins to update Trustees on thesuggested Bill position changes.

The first is item 44, HB1O12. This is related to tax exemptions to Real Estate Investment Trusts. Thethought is to maybe not provide the tax exemption because many of the shareholders do not live inHawaii and the state does not capture those taxes. The measure would temporarily repeal thatexemption for 15 years to see what happens. OHA Administration recommends changing OHA’sposition from MONITOR> COMMENT.

Additional discussion continues regarding this Bill and examples were shared of what is done now interms of taxes and what may potentially occur regarding taxes should the Bill pass.

JD moves on to item 45, HB1246 which talk about the alternatives to incarceration. The currentversion now weakens the draft. OHA Administration recommends changing OHA’s position fromSUPPORT > COMMENT. The comment essentially would be to go back to the previous draft.

The next items are items 46, 47 and 49 which are HB1 591, HB1 594 and SB1 162. These Bills relateto UH’s Promise program, their scholarship program. This is an exception to OHA’s practice, butOHA Administration is recommending changing OHA’s position from MONITOR> SUPPORT.Typically, OHA does not SUPPORT Bills with appropriations, but as OHA does give money forscholarships and this is similar to what OHA does, the administration felt it was a good idea tosupport this measure.

The next measure is item 48, SB643. This Bill requires all newly created, replaced, or reprinted stateand county letterheads, documents, symbols, and emblems to include accurate, appropriate, andauthentic Hawaiian names and language. It establishes references for accurate, appropriate, andauthentic Hawaiian names and words, including proper Hawaiian spelling and punctuation. All thetestimony so far has been in support and OHA Administration believes that the cost is minimal.Therefore, OHA Administration recommends changing OHA’s position from COMMENT> SUPPORT.

The next measures are items 50 and 51, SCR31 and SR6. OHA Administration is recommendingchanging OHA’s position from MONITOR > COMMENT. It urges DLNR to conduct a statewidehabitat inventory on the pueo. It is important because there is very little information on the existingpueo population. It is important to know that DLNR has many other responsibilities and not alwaysenough resources to fulfill those responsibilities, thus the reason to just provide comments.

JD continued by giving updates on two other measures. These measures are the KIRC PLT Bill andthe OHA Collective Bargaining Bill. The two Bills did crossover to the Senate. Public Policy staff hasbeen speaking with Senators especially chairs of the subject matter committees with the exception ofWAM. The hope is that the Bills will not get hearings. In the event there are hearings, it will give


OHA a chance to share where it is with its negotiating committee and to share that the portion of thePublic Land Trust revenue that OHA receives is already less than what it should be receiving. Also,OHA will be able to share some of the realities about what the Collective Bargaining Bill could mean.

Additional discussion occurred regarding the KIRC PLT Bill and trying to clarify whether or not OHA islegally mandated to pay if this Bill is passed by the legislature.

CL calls for a motion to approve:IV. New Business

A. 2017 Legislative Positioning Matrix 1 - BifurcationChange items 14, 25, 36 and 39, HCR94, SCR85, HR56 and SR33 fromCOMMENT> OPPOSE

T. Waihe’e — movedTrustee Hulu Lindsey (T. H. Lindsey) — second



RUSTEE LEI AHU ISA EXCUSED

VICE-CHAIR )AN AHUNA XtRUSTEE ROWENA AKANA XtRUSTEE KELI’I AKINA XtRUSTEE PETER APO EXCUSED

tRUSTEE HULU LINDSEY X XtRUSTEE COLETTE MACHADO XtRUSTEE JOHN NAIHE’E X XCHAIR FOBERT LINDSEY, JR. X

MOTION: [ ] UNANIMOUS [ ] PASSED [ ] DEFERRED [X] FAILED


CL calls for a motion to approve:IV. New Business

A. 2017 Legislative Positioning Matrix 1

T. Ahuna — movedT. Waihe’e — second

1 2 Y N Kanalua Abstain NotPresentMEMBERSat timeof vote

RUSTEE LEI AHU ISA EXCUSED

VICE-CHAIR DAN AHUNA x XtRUSTEE ROWENA AKANA XtRUSTEE KELI’I AKINA XRUSTEE PETER APO EXCUSED

RUSTEE HULU LINDSEY XRUSTEE COLETTE MACHADO XtRUSTEE JOHN WAIHE’E x XCHAIR FOBERT LINDSEY, JR. x

MOTION: [X] UNANIMOUS [ ] PASSED [ J DEFERRED [ ] FAILED

ITEM# BILL# REPORT DESCRIPTION POSITION

New Bills

RELATING TO Appropriates funds for the operating and capitalH B 10

10

THE STATE improvement budget of the Executive Branch for fiscal MONITORBUDGET. years 2017-2018 and 2018-2019. (HB100 HOl)

Repeals and abolishes various non-general funds ofRELATING TO

2HB14

NON-GENERALGOV, OHA, and DOE, as recommended by the Auditor

COMMENTin Auditor’s Report Nos. 16-09, 16-10, and 16-11, and

FUNDS.transfers unencumbered_balances._(HB14__HD1)

PROPOSINGAMENDMENTS

Proposes amendments to the Constitution of the StateTO ARTICLES VII

of Hawaii to advance the State’s goal of providing aANDXOFTHEpublic education for the children of Hawaii by

3 SB683 CONSTITUTION MONITORauthorizing the legislature to establish, as provided by

OF THE STATE OFlaw, a surcharge on residential investment property

HAWAII TOand visitor accommodations. (SD2)

AUTHORIZE THELEGISLATURE TO


ESTABLISH ASURCHARGE ON

RESIDENTIALINVESTMENT

PROPERTY ANDVISITOR

ACCOMMODATI

ONSTOINCREASE

FUNDING FORPUBLIC

EDUCATION.

RELATING TO. Establishes an education surcharge on residential

4 SB686 EDUCATIONinvestment properties and visitor accommodations for

MONITORFUNDING

the purpose of funding public education. Effective July. 1, 2050. fSD2)

HCR1APPROVING THE SALE OF THE LEASED FEE INTEREST IN

COMMEN3 41-529 INOAOLE STREET, WAIMANALO, HAWAII.

T

REQUESTING EACH OF THE SEVERAL COUNTIES TO

6HCR6 ASSESS THE ROLES AND RESPONSIBILITIES OF COUNTY

MO 01 POLICE COMMISSIONS, ESPECIALLY WITH REGARD TO

NIT R

POLICE_MISCONDUCT_ISSUES.

HCR7REQUESTING THE UNITED STATES POSTAL SERVICE TO

0 ISSUE A COMMEMORATIVE POSTAGE STAMP IN MONITORHONOR_OF ALFRED APAKA.

REQUESTING THE DEPARTMENT OF ACCOUNTING AND

HCR7GENERAL SERVICES AND THE COUNTY OF HAWAII TO

81

DETERMINE WHO IS RESPONSIBLE FOR THE MONITORMAINTENANCE OF THE KING KAMEHAMEHA THE

GREAT STATUE_IN_NORTH_KOHALA.

URGING THE DEPARTMENT OF LAND AND NATURAL

HCR7RESOURCES TO CONDUCT STATEWIDE PUBLIC

9 OUTREACH REGARDING THE ESTABLISHMENT OF A MONITORNONCOMMERCIAL MARINE FISHING REGISTRY,

PERMIT,_OR_LICENSE_SYSTEM_IN_HAWAII.

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE

HCR7SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO,

108

OAHU, FOR THE MAINTENANCE AND REPAIR OF THE MONITOREXISTING PIER, AND FOR USE, REPAIR, AND

MAINTENANCE OF THE EXISTING IMPROVEMENTSCONSTRUCTED THEREON.

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF

HCR8 STATE SUBMERGED LANDS AT LAHAINA, MAUI, FORMON ITO

2 THE MAINTENANCE AND REPAIR OF THE EXISTINGR

CONCRETE SEAWALL, AND FOR THE USE, REPAIR, ANDMAINTENANCE_OF THE_EXISTING_IMPROVEMENTS

BAE COMMITTEE MEETING of 19 Minutes for 03/1 5/2017

CONSTRUCTED THEREON.

REQUESTING THE DEPARTMENT OF AGRICULTURE TOCONVENE A TASK FORCE TO DOCUMENT AND COLLECT

12HCR8 DATA IDENTIFYING ECONOMIC, ENVIRONMENTAL,

ONITOR4 AND REGULATORY CONSEQUENCES OF CROP

M

DEGRADATION CAUSED BY INVASIVE ANDENDANGERED_SPECIES_IN_HAWAII.

AFFIRMING THAT ACCESS TO CLEAN DRINKING

13HCR9 WATER, EDUCATION, AND HEALTHCARE ARE

NITOR1 INHERENT AND INALIENABLE RIGHTS OF ALL

MO

INDIVIDUALS.

REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TOCONVENE A TASK FORCE OF HAWAIIAN LEADERS,

LEGAL SCHOLARS, AND A BROAD REPRESENTATION OFMEMBERS OF THE HAWAIIAN COMMUNITY TO

14HCR9 REVIEW AND CONSIDER WHETHER ITS FIDUCIARY

MMENT4 DUTY TO BETTER THE CONDITIONS OF HAWAIIANS

CO

AND MANAGE ITS RESOURCES TO MEET THE NEEDS OFHAWAIIAN BENEFICIARIES WOULD BE BETTER SERVED

BY HAVING TRUSTEES APPOINTED RATHER THANELECTED.

REQUESTING THAT THE UNIVERSITY OF HAWAI’I

15HCR9 PROVIDE INFORMATION TO THE LEGISLATURE ON

NI 05 POSSIBLE TECHNIQUES TO ELIMINATE MOSQUITOS

MO T R

FROM_HAWAII.

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF

16HCR9 STATE SUBMERGED AND RECLAIMED (FILLED) LANDS

MONITOR7 AT KUAU, MAKAWAO, PAIA, MAUI, FOR ROCKWALL,

REVETMENT STAIRWAY, AND LAWN MAINTENANCEPURPOSES.

URGING THE DEPARTMENT OF LAND AND NATURAL

17HCR9 RESOURCES TO WORK WITH STAKEHOLDERS TO

MONITOR8 DEVELOP GUIDELINES FOR BEST PRACTICES FOR THE

OPERATION_OF MARINE_MAMMAL TOURS.

HCR9REQUESTING THE DEPARTMENT OF LAND AND

18 NATURAL RESOURCES TO ESTABLISH THE REMNANT SUPPORTPARCEL TASK_FORCE.

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TOCONDUCT A STUDY REGARDING STATE STATUTES

19HCR1 THAT MAY BE ENHANCED OR STRENGTHENED TO

ONITOR02 PROTECT WATERS IN THE STATE IF THE FEDERAL

M

CLEAN WATER RULE IS REVISED TO BE LESS STRINGENTOR_IS_RESCINDED.

AUTHORIZING THE ISSUANCE OF A SIXTY-FIVE YEAR

20HCR1 TERM, NON-EXCLUSIVE EASEMENT FOR REPAIR AND

NITO08 MAINTENANCE OF THE EXISTING SEAWALL SEAWARD

MO R

OF AND_FRONTING TAX_MAP_KEY NUMBER:_(2)_3-9-


11:7; WAIOHULU-KEOKEA HOMESTEADS AND BEACHLOTS, WAIOHULU-KEOKEA (KIHEI), WAILUKU, MAUI,

HAWAII.

ENDORSING AND ADOPTING, AND URGING THESEVERAL COUNTIES TO ENDORSE AND USE, THE

HCR1UNITED NATIONS SEVENTEEN SUSTAINABLE

2110

DEVELOPMENT GOALS AS COMPONENTS OF A MONITORFRAMEWORK FOR ADDRESSING AND ASSESSING

HAWAII’S EFFORTS TOWARD SOCIAL JUSTICE ANDSUSTAINABILITY.

URGING THE STATE TO ABIDE BY THE STANDARDS22 SCR7O ADOPTED IN THE PARIS AGREEMENT ON CLIMATE MONITOR

CHANGE.

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF

STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR23 SCR74 THE MAINTENANCE AND REPAIR OF THE EXISTING MONITOR

CONCRETE SEAWALL, AND FOR THE USE, REPAIR, ANDMAINTENANCE OF THE EXISTING IMPROVEMENTS

CONSTRUCTED THEREON.AUTHORIZING THE ISSUANCE OF A FIFTY-FIVE YEAR

TERM, NON-EXCLUSIVE EASEMENT COVERING APORTION OF STATE SUBMERGED LANDS AT

24 SCR79 WAIPOULI, KAWAIHAU, KAUAI, FOR A PORTION OF A MONITORSEAWALL AND FOR THE USE, REPAIR, AND

MAINTENANCE OF THE EXISTING IMPROVEMENTSCONSTRUCTED THEREON.



25 SCR85REVIEW AND CONSIDER WHETHER ITS FIDUCIARY

COMDUTY TO BETTER THE CONDITIONS OF HAWAIIANS

MENT



URGING THE UNITED STATES ARMY CORPS OFENGINEERS AND THE DEPARTMENT OF LAND AND

26 SCR88 NATURAL RESOURCES TO COLLABORATE TO CREATE A MONITORMECHANISM FOR GENERATING WATER CIRCULATION

IN_POKAI_BAY ON_LEEWARD OAHU.REQUESTING THE DEPARTMENT OF LAND ANDNATURAL RESOURCES TO SUPPORT THE USE OF

27 SCR96AUTONOMOUS UNMANNED SURFACE VESSEL

TECHNOLOGY TO DETECT AND CLEAN UP OCEANMONITOR

DEBRIS BEFORE IT REACHES HAWAII’S REEFS ANDBEACH ES.

BAE COMMITTEE MEETING 0119 Minutes for 03/15/2017

REQUESTING STATE AND COUNTY AGENCIES TOUPDATE ADMINISTRATIVE RULES TO ADOPT

28 SCR98ENVIRONMENTAL PROTECTION STANDARDS THAT AREAT LEAST AS STRINGENT AS THE FEDERAL STANDARDS

MONITOR

AS OF JANUARY 1, 2016, OR JANUARY 1, 2017,WHICHEVER ARE MORE STRINGENT.

REQUESTING THE DEPARTMENT OF HEALTH TOUPDATE HAWAII ADMINISTRATIVE RULES

29 SCR99REGULATING UNDERGROUND STORAGE TANKS

MONITORCONSISTENT WITH THE ENVIRONMENTAL

PROTECTION AGENCY REGULATIONS, EFFECTIVE AS OFOCTOBER_13,_2015.

REQUESTING THE UNITED STATES POSTAL SERVICE TO30 HR36 ISSUE A COMMEMORATIVE POSTAGE STAMP IN MONITOR

HONOR_OF ALFRED APAKA.REQUESTING THE DEPARTMENT OF ACCOUNTING ANDGENERAL SERVICES AND THE COUNTY OF HAWAII TO

31 HR37 DETERMINE WHO IS RESPONSIBLE FOR THE MONITORMAINTENANCE OF THE KING KAMEHAMEHA THE

GREAT STATUE_IN_NORTH_KOHALA.

URGING THE DEPARTMENT OF LAND AND NATURALRESOURCES TO CONDUCT STATEWIDE PUBLIC

32 HR38 OUTREACH REGARDING THE ESTABLISHMENT OF A MONITORNONCOMMERCIAL MARINE FISHING REGISTRY,

PERMIT,_OR_LICENSE_SYSTEM_IN_HAWAII.

REQUESTING THE DEPARTMENT OF AGRICULTURE TOCONVENE A TASK FORCE TO DOCUMENT AND COLLECT

3 H 6DATA IDENTIFYING ECONOMIC, ENVIRONMENTAL,

MONITOR3 R4AND REGULATORY CONSEQUENCES OF CROP

DEGRADATION CAUSED BY INVASIVE ANDENDANGERED_SPECIES_IN_HAWAII.

AFFIRMING THAT ACCESS TO CLEAN DRINKING

34 HR53WATER, EDUCATION, AND HEALTHCARE ARE

MONITORINHERENT AND INALIENABLE RIGHTS OF ALL

INDIVIDUALS.

REQUESTING THAT THE UNIVERSITY OF HAWAIIPROVIDE INFORMATION TO THE LEGISLATURE ON

ONITOR35 HR57POSSIBLE TECHNIQUES TO ELIMINATE MOSQUITOS

M

FROM_HAWAII.



36 HR56 REVIEW AND CONSIDER WHETHER ITS FIDUCIARY COMMENTDUTY TO BETTER THE CONDITIONS OF HAWAIIANS


BY_HAVING TRUSTEES APPOINTED_RATHER THAN


ELECTED.

REQUESTING THE SPEAKER OF THE HOUSE OF37 HR59 REPRESENTATIVES TO ESTABLISH THE REMNANT SUPPORT

PARCEL TASK_FORCE.

ENDORSING AND ADOPTING, AND URGING THESEVERAL COUNTIES TO ENDORSE AND USE, THE

UNITED NATIONS SEVENTEEN SUSTAINABLE38 HR64 DEVELOPMENT GOALS AS COMPONENTS OF A MONITOR

FRAMEWORK FOR ADDRESSING AND ASSESSINGHAWAII’S EFFORTS TOWARD SOCIAL JUSTICE AND

SUSTAINABILITY.



39 SR33REVIEW AND CONSIDER WHETHER ITS FIDUCIARY

COMMENTDUTY TO BETTER THE CONDITIONS OF HAWAIIANS



URGING THE UNITED STATES ARMY CORPS OFENGINEERS AND THE DEPARTMENT OF LAND AND

40 SR34 NATURAL RESOURCES TO COLLABORATE TO CREATE A MONITORMECHANISM FOR GENERATING WATER CIRCULATION

IN_POKAI_BAY ON_LEEWARD_OAHU.

REQUESTING THE DEPARTMENT OF LAND ANDNATURAL RESOURCES TO SUPPORT THE USE OF

SR4OAUTONOMOUS UNMANNED SURFACE VESSEL

MONITORTECHNOLOGYTO DETECT AND CLEAN UP OCEAN

DEBRIS BEFORE IT REACHES HAWAII’S REEFS ANDBEACHES.

REQUESTING STATE AND COUNTY AGENCIES TOUPDATE ADMINISTRATIVE RULES TO ADOPT

2 5ENVIRONMENTAL PROTECTION STANDARDS THAT ARE

ONITOR4 R42ATLEASTASSTRINGENTASTHEFEDERALSTANDARDS

M

AS OF JANUARY 1, 2016, OR JANUARY 1, 2017,WHICHEVER ARE_MORE_STRINGENT.

REQUESTING THE DEPARTMENT OF HEALTH TOU PDATE HAWAI I ADMINISTRATIVE RULES

3 SR43REGULATING UNDERGROUND STORAGE TANKS

MONITORCONSISTENTWITH THE ENVIRONMENTAL

PROTECTION AGENCY REGULATIONS, EFFECTIVE AS OFOCTOBER_13,_2015.

Bill Positions for Reconsideration

HElDRELATING TO Temporarily disallows the deduction for dividends MONITOR

‘12

REAL ESTATE paid by real estate investment trusts for a period of 15 >

INVESTMENT years, but with an exception for dividends generated COMMENT


TRUSTS. from trust-owned housing that is affordable tohouseholds with incomes at or below 140 per cent of

the median family income. (HB1O2 HD2)RELATING TO

Authorizes electronic monitoring and surveillance ofHB12 ALTERNATIVES SUPPORT>

46 TOoffenders in programs that offer alternatives to

COMMENTincarceration. (HB1246 HD2)

INCARCERATION.

RELATING TO Establishes the Hawaii Promise Program to provideTHE UNIVERSITY scholarships for the unmet direct cost needs of

MONITOR46

HB5OF HAWAII qualified students enrolled at a University of Hawaii

> SUPPORTPROMISE community college. Appropriates funds to establish

PROGRAM. and implement the program. (HB1591 HD2)Establishes the University of Hawaii Promise Program

RELATING TOto provide scholarships for the unmet direct cost

THE UNIVERSITYHB15 needs of qualified students enrolled at any campus of MONITOR47 OF HAWAII

the University of Hawaii system. Appropriates funds > SUPPORTPROMISE

to establish and implement the program. fHB1594PROGRAM.

HD1)

Requires all newly created, replaced, or reprintedstate and county letterheads, documents, symbols,and emblems to include accurate, appropriate, and

RELATING TOauthentic Hawaiian names and language. Establishes COMMENT4$ 5B643 THE HAWAIIANreferences for accurate, appropriate, and authentic > SUPPORT

LANGUAGE.Hawaiian names and words, including properHawaiian spelling and punctuation. Effective

3/9/2092._(SD2)

Establishes the University of Hawaii Promise ProgramRELATING TO

to provide scholarships for the unmet direct costTHE UNIVERSITY

SB116OF HAWAII

needs of qualified students enrolled at any campus of MONITORthe University of Hawaii system or any community > SUPPORT

PROMISEcollege campus. Appropriates funds to establish and

PROGRAM.implement_the_program._Effective_7/1/2050._(SD2)

URGING THE DEPARTMENT OF LAND AND NATURAL MONITOR50 SCR31 RESOURCES TO CONDUCT AN EXTENSIVE STATEWIDE >

PUEO HABITAT INVENTORY. COMMENTURGING THE DEPARTMENT OF LAND AND NATURAL MONITOR

51 SR6 RESOURCES TO CONDUCT AN EXTENSIVE STATEWIDE >

PUEO HABITAT INVENTORY. COMMENTREQUESTING

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BAE COMMITTEE MEETING of 19 Minutes for 03/15/207 7

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HOOPONOPONOSERVICES.

CL calls upon KC and JD to share updates regarding item V. A.

V.UNFINISHED BUSINESS

A. 2017 OHA Legislative Package Updates — Matrix 2**

JD shares that there are updates. The first update is for the OHA Budget Bill. The Senate versiondied as is customary. The House Bill should cross over today after the 3rd reading on the floor. Theappropriation was slashed from $4.5 million to $2.49 million. Moving forward, Public Policy will beworking hard to get the measure restored in Hawaiian Affairs in the Senate.

Additional comments were made by various Trustees regarding the importance of this Bill andacknowledging that tough financial times are ahead for the state this fiscal year. Nevertheless, OHAneeds to request that these funds be put back in.

The next measures are the Charter School measures. Public Policy is going to request a hearing onthe Charter School resolution(s). Chairmanship for the House Committee on Education has changedand it is important to reach out to the new Chair. It will be good for the Charter Schools to engagewith the new Chair, Chair Woodson.

The Konohiki resolution got a hearing in the Senate and Public Policy will be contacting the House topursue a hearing there as well.

CL thanks everyone for their participation in today’s updates.

VI. BENEFICIARY COMMENTS*

CL calls Landon Paikai forward to share his mana’o. He refers to the resolutions regarding theappointed vs. elected board. He mentions that many times, appointed members of a board need tohave certain expertise in certain areas. If this would become the case, then he would likely not beable to run for Trustee and that would not be fair to others who want to help OHA.

VII. ANNOUNCEMENTS

None.

VIII. ADJOURNMENT

CL seeks a motion to adjourn the BAE meeting.


T. H. Lindsey - movedT. Machado - second

CL asks if there is any discussion. There is none.

CL asks if any members vote NO or ABSTAIN. There are no dissenting votes.

1 2‘AE A’OLE KANALUA

ETRUSTEE (YES) (NO) (ABSTAIN) XCUSED

LEI AHUIS XVICE CHAIR DAN AHUNA X

ROWENA AKANA XKELII AKINA — — X

PETER APO XCARMEN HULU LINDSE’ X X

COLETTE MACHADO X XJOHN WAIHE’E X

CHAIR ROBERT LINDSE’Y XTOTAL VOTE COUNT 7 0 0

MOTION: [ X ] UNANIMOUS [ ] PASSED [ ] DEFERRED [ ] FAILED

CL adjourns the BAE meeting at 1 1:29 AM


Respectfully submitted,

Je/emy K7,f-fopkins /

Tustee ,1deCommittee on Beneficiary Advocacy and Empowerment

As approved by the Committee on Beneficiary Advocacy and Empowerment on 4/5/17.

Trustee Robert K. Lindsey, Jr.ChairCommittee on Beneficiary Advocacy and Empowerment

ATTACHMENT(s):• Testimony of Germaine Meyers• Excused Absence Memo — Trustee Leina’ala Ahu isa• Excused Absence Memo — Trustee Peter Apo


administration staff: kamanaopono crabbe … · deja ostrowski, adv keith bukowski, adv ... jd...

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