STAND. COM. REP. NO. 1396

Honolulu, Hawaii

RE:    S.C.R. No. 120

       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 Ways and Means, to which was referred S.C.R. No. 120, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING CHANNEL, CONCRETE SURGE BREAK OR BREAKWATER, SEAWALL, STEP, AND FILLED LAND, AND FOR USE, REPAIR, AND MAINTENANCE 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 an easement for state submerged lands.

Specifically, this measure authorizes the Board of Land and Natural Resources to issue an amended term, non-exclusive easement covering a portion of state submerged lands fronting property located in Maunalua, Honolulu, Oahu, for the maintenance and repair of the existing channel, concrete surge break or breakwater, seawall, step, and filled land, and for the use, repair, and maintenance 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 Board of Land and Natural Resources to obtain authorization from the Legislature to engage in disposition of state submerged lands.  The Board has identified portions of the channel, concrete surge break or breakwater, seawall, step, and filled land fronting the property identified as Tax Map Key: (1) 3-9-026:  seaward of 044, 045, and 048, as encroaching upon state submerged lands.  The current owner of the abutting property has previously obtained a long-term easement of a portion of the encroaching area and has worked with the Department of Land and Natural Resources to obtain a similar easement of the additional encroachment area that is also located on state submerged lands.  Your Committee further finds that this measure expresses the requisite legislative approval so that an easement may be issued for the use of those state submerged lands.

     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. 120, S.D. 1, and recommends its adoption.

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

________________________________

JILL N. TOKUDA, Chair