Department of Hawaiian Homelands office

The Hawaii State Legislature enacted two of the seven legislative proposals that were recommended by the Department of Hawaiian Home Lands (DHHL), approved by the Hawaiian Homes Commission, and included in David Ige’s legislative package. The bills include HB753 SB2, which excludes housing developed by DHHL from school impact fees for three years, and SB873 CD1, which authorizes contested case hearings to be conducted using interactive conference technology.

In addition to the seven measures included in the Governor’s package, DHHL had several proposals introduced separately by various legislators.

“The Department observed an increase in advocacy efforts on behalf of beneficiaries throughout the session,” said Hawaiian Homes Commission Chair William J. Ailā, Jr. “The legislative process is a great way for beneficiaries to engage with the Department in improving the State’s implementation of the Hawaiian Homes Commission Act. The voices of our beneficiaries are critical in advancing measures to improve the lives of individuals on and waiting patiently to be on Hawaiian homelands.”

A summary of DHHL’s proposals and their outcomes can be reviewed below. Items marked with an asterisk were proposals included in the Governor’s package. Items identified as referred to a committee were not scheduled for a hearing and didn’t advance in the 2021 legislative process.

Proposal HHL-01(21) – Independent Legal Counsel

This proposal allows the Department to retain independent legal counsel to be paid by the State and use the services of the attorney general as needed when the interests of the State and the department are aligned.

• HB1391 – Referred to House Committee on Finance
• SB877 – Referred to Senate Committee on Ways and Means and Senate Committee on Judiciary

Proposal HHL-02(21) – Representation on the Commission on Water Resource Management

This proposal adds the Chairman of the Hawaiian Homes Commission or the Chairman’s designee to the Commission on Water Resource Management.

• HB500 – Referred to House Committee on Water and Land
• SB872 – Referred to Senate Committee on Water and Land and Senate Committee on Hawaiian Affairs

Proposal HHL-03(21) – Representation on the Board of Agriculture

This proposal adds the Chairman of the Hawaiian Homes Commission to the Board of Agriculture.

• HB756 – Failed to pass Third Reading in the Senate
• SB882 – Referred to Senate Committee on Judiciary

*Proposal HHL-05(21) – Exemption from School Impact Fees

This proposal exempts any housing development for the Department of Hawaiian Home Lands from school impact fee requirements.

• HB753 – Transmitted to the Governor for Enactment

*Proposal HHL-06(21) – Exemption from General Excise Taxes

This proposal exempts any housing development for the Department of Hawaiian Home Lands from general excise taxes.

• HB967 – Referred to House Committee on Judiciary and Hawaiian Affairs
• SB881 – Referred to Senate Committee on Hawaiian Affairs
• SB1121 – Referred to House Committee on Finance

*Proposal HHL-08(21) – County Boards Water Supply

This proposal clarifies requirements on the County Boards of Water Supply to reserve water credits for the use of the Department of Hawaiian Home Lands.

• HB548- Referred to House Committee on Water and Land
• HB968 – Referred to House Committee on Water and Land
• SB878 – Referred to Senate Committee on Water and Land and Senate Committee on Public Safety, Intergovernmental, and Military Affairs
• SB1122 – Referred to House Committee on Water and Land

Proposal HHL-09(21) – Water Rights

This proposal sets the upset price for water that is leased to no less than 80 percent of the total cost of the least expensive practicable source of water for the given use, as determined by an independent third-party appraiser.

• HB501 – Deferred by House Committee on Water and Land
• SB874 – Referred to Senate Committee on Water and Land and Senate Committee on Hawaiian Affairs

*Proposal HHL-10(21) – Infrastructure Maintenance

This proposal requires the Counties within 60 days to maintain infrastructure, under specified conditions, as part of any housing development for the Department of Hawaiian Home Lands.

• HB969 – Deferred by House Committee on Housing
• SB879 – Referred to Senate Committee on Hawaiian Affairs
• SB1123 – Referred to House Committee on Housing and House Committee on Water and Land

*Proposal HHL-13(21) – Historic Preservation

This proposal allows the Department of Hawaiian Home Lands to assume review of the effect of any proposed project on historic properties or burial sites for lands under its jurisdiction.

• HB970 – Referred to House Committee on Water and Land
• SB876 – Referred to Senate Committee on Hawaiian Affairs and Senate Committee on Water and Land
• SB1124 – Referred to Senate Committee on Judiciary

*Proposal HHL-14(21) – Expedited Contested Case Hearing

This proposal establishes an expedited agency hearing for any criminal activity that threatens the health and safety of the community or any drug-related criminal activity.

• HB971 – Deferred by House Committee on Judiciary and Hawaiian Affairs
• SB875 – Referred to Senate Committee on Government Operations
• SB1125 – Referred to Senate Committee on Judiciary

*Proposal HHL-15(21) – Remote Contested Case Hearing

Authorizes contested case hearings to be conducted using interactive conference technology.

• SB873 – Transmitted to the Governor for Enactment

Proposal HHL-16(21) – Limited Casino Gaming

Grants forty-year gaming license for a single integrated resort property on Hawaiian home lands designated for commercial use on the island of Oʻahu excluding lands west of Ko Olina.

• HB359 – Deferred by House Committee on Economic Development
• SB1321 – Deferred by Senate Committee on Hawaiian Affairs

A summary of the legislative session was presented to the Hawaiian Homes Commission at its May 2021 meeting.

The Department will begin soliciting legislative proposals for the next session in July.

To learn more about DHHL’s proposed bills for the 2021 legislative session, including full drafts of the bills and justification, visit dhhl.hawaii.gov/government-relations.