STAND. COM. REP. NO. 1662

Honolulu, Hawaii

RE:    H.C.R. No. 97

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred H.C.R. No. 97 entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF STATE SUBMERGED AND RECLAIMED (FILLED) LANDS AT KUAU, MAKAWAO, PAIA, MAUI, FOR ROCKWALL, REVETMENT STAIRWAY, AND LAWN MAINTENANCE PURPOSES,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement for the portion of state submerged lands identified as tax map key:  (2) 2-6-012:026 at Kuau, Makawao, Paia, Maui, for maintenance, repair, replacement, and removal of an existing seawall, rubble rock revetment, stairs, and lawn over, under, and across state-owned land, pursuant to section 171-53, Hawaii Revised Statutes.

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

     Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on November 30, 2012, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments identified in this measure.  Your Committee notes the value of the easement as determined by an independent appraisal is $68,300, and such sum has been remitted to the State.  Your Committee concludes that the easement is necessary for the maintenance and repairs of the existing rock walls, revetments, stairway, and lawn encroaching on state submerged and reclaimed (filled) lands.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that the non-conforming encroachments were put into place at an undetermined time;

     (2)  Clarifying that the Office of Conservation and Coastal Lands determined that allowing the encroachments to remain through the issuance of an easement would have no discernable effect on beach and recreational resources nor act as a detriment to public access, and recommended that any disposition require that the public land uses remain unimproved and a transit corridor be maintained along the seaward extent of the rock walls and revetments;

     (3)  Inserting that an independent appraisal determined the fair market value of the easement at $68,300, and the Department of Land and Natural Resources has confirmed receipt of payment for the easement;

     (4)  Clarifying that the purpose of the easement is for the maintenance and repairs of the existing rock walls, revetments, stairway, and lawn over, under, and across state-owned lands;

     (5)  Amending its title to accurately reflect its purpose; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 97, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as H.C.R. No. 97, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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KARL RHOADS, Chair