STAND. COM. REP. NO. 3227

Honolulu, Hawaii

RE:    S.C.R. No. 16

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 16 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING PIER, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement by the Board of Land and Natural Resources covering a portion of state submerged lands at Heeia, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, and for use, maintenance, and repair of the existing improvements constructed thereon.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for the disposition of state submerged lands.  Your Committee also finds that around 2012, the Department of Land and Natural Resources worked with the current owners of the abutting property to resolve the encroachment of a pier on state submerged lands fronting the property identified as Tax Map Key:  (1) 4-6-001: seaward of 014, at Heeia, Koolaupoko, Oahu.  On September 10, 2012, the Department's Office of Conservation and Coastal Lands determined the non-conforming status of the existing pier.  At its meeting on December 14, 2012, under agenda item D-13, the Board of Land and Natural Resources approved the issuance of a fifty-five-year non-exclusive easement to resolve the encroachment.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 16 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair