Legislative Wrap-Up

Agriculture • HB673 CD1 — Restricted Use Pesticide Reporting;

Department of Agriculture: Requires the Department of Agriculture to post certain information regarding restricted use pesticides on its website. Requires LRB study on other states’ reporting requirements for non-restricted use pesticides. Effective July 1, 2013.

• HB200 CD1 — CIP/Waiÿanae Agricultural Park: $600,000 (design & construction) for various improve-ments.

• SB586 CD1 — Agricultural Buildings; Permits; Building Code; Exemptions; Counties: Provides, un-der certain circumstances, an exemption from building code requirements and an expansion of existing build-ing permit exemptions for nonresidential buildings or structures, including indigenous Hawaiian hale, on commercial farms and ranches located outside the ur-ban district.

Business and Economic Development• SB1265 CD1 — Owner’s Agreement; Attorney’s

Fees; Unclaimed Property: Specifies that an owner’s agreement to locate and recover property that is pre-sumed abandoned, shall be unenforceable and may be subject to an action to reduce the compensation amount if the agreement provides for compensation exceeding 25% of the total value of the property. Provides an ex-ception to the fee limit in circuit court upon approval of the court.

• HB200 CD1 — Kalaeloa Barbers Point Harbor: $3M for a new fuel pier facility and other related im-provements; $400,000 to modify the turning basin, en-trance channel and other physical features to improve navigational safety and operational efficiencies at Ka-laeloa Barbers Point Harbor.

• HB200 CD1 — UH West Oÿahu: $3.5M for Road B on campus to connect to Kualakaÿi Parkway, to include necessary intersection improvements; $118,000 for de-sign and construction for the Allied Health Building.

SENATOR MAILE SHIMABUKURO / DISTRICT 21Kalaeloa, Honokai Hale, Ko Olina, Nänäkuli, Mä‘ili, Wai‘anae, Mäkaha, Mäkua

Aloha!Here is a summary of key legislation from the 2013

legislative session that I either sponsored or supported:

Education• Nänäkuli Library: $15.5M for construction.

• Nänäkuli High & Intermediate School: $2,641,000 for R&M/RTTT ZSI and electrical upgrade.

• Waiÿanae Elementary School: $5M for a new ad-ministration building (plans, design, construction).

• Waiÿanae High School: $500,000 for plan and design to connect two existing Searider Productions media buildings; $1.5M to replace existing wooden bleachers with aluminum bleachers.

• Various R&M Projects for Waiÿanae Coastschools: $3,012,000.

Punana Leo o Waiÿanae preschool students visited the Capitol on 4/11/13 to support early education initia-tives.

Health• HB200 CD1 — Waianae Coast Comprehensive

Health Center: $500,000 for emergency room renova-tions at WCCHC.

• HB652 CD1 — Pharmacies; Remote Dispensing Pharmacies: Prohibits remote dispensing pharmacies from operating within the State, excepting the two ex-isting remote dispensing pharmacies operated by the Waianae Coast Comprehensive Health Center in Nän-äkuli and Waiÿanae until June 1, 2014. Extends the re-peal date of Act 212, Session Laws of Hawaii 2008, to January 1, 2016.

• Grant-in-Aid — School breakfast; Hawaii Apple-seed Center for Law & Economic Justice: $85,000 for universal free school breakfast for elementary schools with 85% or more students eligible for free or reduced

Leeward Community College (LCC) professors visited Sen. Shimabukuro and other legislators seeking support for plan and design funds for a Native Hawaiian Center for Excellence at LCC’s Pearl City campus. Professor Eiko Kosasa (left) and Associate Professor Momi Ka-mahele posed in front of a painting by Mäkaha-born artist Solomon Enos in Maile’s office. Prof. Kamahele teaches history and Hawaiian Studies at LCC and is a resident of Waiÿanae Valley Homestead.

Dr. Vija Sehgal of the Waianae Coast Comprehensive Health Center (left) and a representative of the HI Pri-mary Care Association testified in support of initia-tives to combat childhood obesity.

Crime & Public Safety • SB68 HD1 — Sentencing/Drug Offenses: Allows

judges discretion in setting incarceration terms when sentencing drug offenders in certain class B and class C felony cases to make the length of the sentence pro-portionate to the offense and related conduct. Excludes certain offenses.

• SR79 — Parole; Hawaii Paroling Authority; Early Release: Requesting the Hawaii Paroling Authority to thoroughly consider granting parole to Class A, B and C felons before the expiration of their maximum terms.

• ACT 62 (SB61 HD1) — Restorative Justice for Ju-veniles as Informal Adjustment: Provides the option of participation in a restorative justice program where the child and her or his parents or guardian along with other supporters of the child may or may not meet with the victim harmed by the child’s law violation along with the victim’s supporters.

K9 Kokua dog rescue advocates from the Wai‘anae Coast visited Maile on “Humane Lobby Day” to sup-port various animal cruelty and puppy mill bills. Front Row: Catherine Lathrop, Kale Lyman, Sen. Shimabu-kuro. Back Row: Jae Bonarek and Adam Moran.

Hawaiian • HB200 CD1 — Native Hawaiian Center for Excel-

lence: $2M for plan & design of center at Leeward Community College Campus in Pearl City.

• HB1412 SD2 — Small Boat Harbors; Native Ha-waiian Canoes: Requires Department of Land & Natu-ral Resources (DLNR) to accommodate mooring of native Hawaiian canoes owned or leased by nonprofit entities and used for educational purposes in small boat harbors.

• SCR 147, HB 200, HB 224 — Hawaiian Language Immersion Program; Student Assessment; Appropria-tion: $1M appropriated to Department of Education (DOE) to develop annual assessments in the Hawaiian language; Request that DOE form a working group to study creating assessment tests in language arts and mathematics for students in grades 3-6, and in science for students in grade 4, for the Hawaiian Language Im-mersion Program.

• E Ala Voyaging Canoe: $500,000 to construct ha-lau waÿa (canoe storage facility) at Wai‘anae Boat Har-bor (funds effective until June 2014).

Lu Faborito (left) was confirmed as a Commissioner of the King Kamehameha Celebration. Kalehua Krug (right) was a steadfast supporter of HB 224, which requires as-sessment tests to be originally created in the Hawaiian language for immersion students in grades 3-6.

Energy & Environment • ACT 38 (HB1133 SD2) — Repeal of PLDC: Re-

peals chapter 171C, HRS, relating to the public land development corporation and references to the public land development corporation. Deposits funds appro-priated to the DLNR, pursuant to Act 55, Session Laws of Hawaii 2011, into the land conservation fund. De-posits proceeds in the stadium facilities special fund and the school facilities special fund into the general fund. Transfers PLDC assets to the DLNR.

• HB1405 CD1 — Renewable Energy; Public Utilities Commission; Public Benefits Fee: Requires the Pub-lic Utilities Commission to include a summary of the power purchase agreements in effect during the fiscal

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The State Department of Health Clean Water Branch (CWB) has contracted with Townscape, Inc. to develop the Mäÿiliÿili Watershed Management Plan, a holistic community-based plan to restore water quality and eco-system health in the watershed via specific implementable projects. Anyone in the community with knowledge and/or interest may contact Cynthia Rezentes of Mohala I Ka Wai at rezentesc@aol.com or 497-1432 or Tina Speed at tina@townscapeinc.com or 536-6999, extension 4. L-R: Tina Speed, Maile, and Cynthia Rezentes.

Human Services• SB516 SD1 HD1 — Paternities for Adults: Repeal

the 3 year statute of limits for children to file pater-nity actions after attaining age 18. Rationale is to allow adult petitioners to establish paternity for inheritance and genealogy purposes (eg, to qualify for Hawaiian entitlements).

• SB1340 CD1 — Foster Care; Extend Age for Ser-vices; Young Adult Voluntary Foster Care Program: Establishes the young adult voluntary foster care pro-gram to care for and supervise eligible foster youth un-til age twenty-one. Takes effect 7/1/2014.

• Grants-in-Aid: Legal Aid Society of HI: ($400,000) & Volunteer Legal Services of Hawaii: ($400,000) pro-vide free civil legal services to the low-income popula-tion.

On April 24, the Nänäkuli Housing Corporation dedicated its first affordable housing model for Hawaiians. Gover-nor Neil Abercrombie joined the Barrett ÿohana in untying the ceremonial maile at the entrance to their Hawaiian homestead lot where their old home will be demolished and a new Paige Kawelo Barber model home will be built. They are joined by City Councilwoman Kymberly Marcos Pyne and Chair of the Hawaiian Homes Commission Jo-bie Masagatani. (Photo Courtesy of Blaine Fergerstrom)

Transportation & Highways• SB1161 CD1 — Impounded Vessels; Vessel Regis-

tration: Clarifies that all costs and expenses associated with the impoundment and disposal of an unauthorized vessel by DLNR shall be borne by the vessel owner and clarifies circumstances when no vessel registration shall be renewed or transferred.

• HB200 CD1 — Farrington Highway, Ulehawa Stream Bridge: $201,050 for land acquisition for the rehabilitation and/or replacement of Ulehawa Stream Bridge.

• HB200 CD1 — H-1 Westbound Afternoon Contra-flow, Oÿahu: $1.4M for construction for a PM contra-flow lane on H-1 in vicinity of Radford Drive to the vicinity of Waikele.

• HB200 CD1 — Oÿahu Bikeways: $2.5M for land acquisition for a multi-use path from the vicinity of Waipiÿo Point to Lualualei Naval Road.

HSTA visited Maile on 3/8/13. L-R: Juli Patten, HSTA Lee-ward Chapter president and Mäÿili Elementary teacher for the past 21 years; Amber Riel, Waiÿanae High teacher for the past 3 years; Joseph DeMarco, Waiÿanae Intermediate teacher for the past 12 years; Maile; and Doug Robertson, teacher at Kaleiopuÿu Elementary in Waipahu.

Military & Civil Defense • SR47/HR71 HD1 — Natural Disasters: urge State

Civil Defense to conduct a study regarding what ac-tions should be taken when people refuse to leave their homes or close their businesses located in evacuation zones during natural disasters.

• HB200 CD1 — Army Aviation Support Facility, Kalaeloa: $303,328 for a new army aviation support fa-cility that will be built to national guard standards and will meet Leed Silver Level.

• SB933 CD1 — TRICARE Program; Health Care; General Excise Tax; Exemption Extension: Extends for 5 years the general excise tax exclusion for amounts received by a managed care support contractor of the TRICARE program for the actual cost or advancement to third-party health care providers pursuant to a con-tract with the United States. Effective 07/01/2013.

On January 29, fishermen from the Waiÿanae Coast ex-pressed opposition to bans on aquarium fishing and on the use of synthetic nets. Back row (L-R): Jerry, Johnny, and Kelly Isham. Front row: Bobby Goodwin and Sen. Maile Shimabukuro.

Ocean & Beaches• HB17 SD2 — Coastal Areas; Public Access: De-

letes the “one-gallon per person per day” exception to the prohibition against the removal of sand and other beach or marine deposits, except for materials inad-vertently taken, and creates an exemption for public emergencies and traditional cultural practices. Ensures public lateral access along the shoreline by permanent-ly extending the requirement that landowners remove human-induced, enhanced, or unmaintained vegetation interfering with such access.

• SB319 HD1 — Thrill Craft; Use; Exception; Ocean Cleanup: Allows thrill craft to be used to conduct ocean cleanup activities.

• SCR105 — Board of Land and Natural Resourc-es; Easement; Seawall: Authorizing the issuance of a non-exclusive easement covering a portion of state sub-merged lands privately owned by a Waiÿanae business owner who resides in Mäkaha.

• HB200 CD1 — Waiÿanae Small Boat Harbor: $1.8M for Phase V of pier improvements.

Children and parents from Ka Paÿalana traveling pre-school visited the Capitol in support of the Governor’s early learning initiatives.

• SB883 HD2 — Collective Bargaining; State Law Enforcement Officers, State/County Ocean & Water Safety Officers: Creates a new bargaining unit (14) for state law enforcement officers and state and county ocean safety and water safety officers. Effective July 1, 2013.

• HB200 CD1 — Employer-Union Health Benefits Trust Fund: $100M for fiscal year 2014 and $117.4M for fiscal year 2015 to start prefunding unfunded liabilities pertaining to certain post employment benefits, which will have a positive impact on the state’s bond rating and ensure that Hawaii’s future is not handicapped by increasingly burdensome debt.

• HB546 HD2 SD2 CD1 — Hawaii Employer-Union Health Benefits Trust Fund; Task Force; Annual Re-quired Contribution; OPEB: Makes Hawaii the first state in the nation to statutorily require payment of the annual required contribution for future public worker health benefits.

Labor

year in its annual report to the Governor. Clarifies the use of the public benefits fee under section 269-121, Hawaii Revised Statutes, to support clean energy tech-nology, demand response technology, and energy use reduction, and demand-side management infrastruc-ture. Effective July 1, 2013.

• SB1087 CD1 — Green Infrastructure Loan Pro-gram; Public Benefits Fee; Appropriation: Allows indi-viduals and non-profits to put up photo voltaic systems with no up-front costs, and pay for them incrementally on their electricity bills.

Energy & Environment (Continued)

Housing• SB515 CD1 — Homelessness; Housing; Return-

to-Home; Temporary Night-time Parking Lots; Safe Haven Program: Part I: Appropriates funds to the department of health for substance abuse treatment / mental health support services ($300,000), and clean and sober housing services ($200,000). Part II: Ap-propriates $1m for a rental assistance program, also known as a shallow subsidy program. Parts III and IV: Appropriates funds to the Hawaii public housing

authority to continue to administer housing first pro-grams for chronically homeless individuals ($750,000) and to reestablish the homeless prevention and rapid re-housing program ($150,000). Part V: Appropriates $400,000 matching funds for the federal shelter plus care program to provide rental assistance in connection with supportive services. Part VI: Establishes a three-year return-to-home pilot program beginning no later than 12/31/13 ($100,000). Part VII: Establishes home-less assistance working group ($100,000).

• SR 98 — Native Hawaiian homeless: Requesting the state homeless coordinator to study solutions to Na-tive Hawaiian homelessness, such as kauhale and other innovations.

• HB 200 — Homeless Funding: $13.6M for shel-ter programs; $2.2M for outreach; $500,000 for emer-gency grants; $2.4M for housing placement; $2.5M for Housing First.

Housing (Continued)

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