STAND. COM. REP. NO. 919

Honolulu, Hawaii

RE:    S.C.R. No. 43

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 S.C.R. No. 43 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING PIER, AND FOR THE 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 a term, non-exclusive easement for the portion of state submerged lands identified as tax map key:  (1) 4-5-058:121, Kaneohe, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, and for the use, repair, and maintenance of the existing improvements constructed thereon, 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 received testimony in opposition to this measure from one individual.

     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 December 9, 2016, under agenda item D-20, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachment of the pier identified in this measure, subject to the easement grantee paying the State the fair market value of the easement, to be determined by an independent appraisal.  Your Committee notes that the current owner worked with the Department of Land and Natural Resources to convert the existing month-to-month revocable permit to a long-term easement pursuant to Department policy, established after extensive review of revocable permits, to convert revocable permits to long-term easements when appropriate to minimize the number of permits.  Your Committee concludes that the easement is necessary for the maintenance and repair of the existing pier, and for the use, repair, and maintenance of the existing improvements constructed thereon.

     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 S.C.R. No. 43 and recommends that it be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair