STAND. COM. REP. NO. 1235-20

Honolulu, Hawaii

, 2020

RE: H.C.R. No. 26

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred H.C.R. No. 26 entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize the issuance of a term, non-exclusive agreement covering a portion of the state submerged lands at Kaneohe, Koolaupoko, Oahu, for the existing pier, and for use, repair, and maintenance of existing improvements constructed thereon.

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

Your Committee finds that in 2004, the University of Hawaii was awarded a contract for repair work on a parcel of land in Kaneohe that was fronted by an existing pier that was placed on state submerged lands, and that a shoreline certification and resolution of the pier encroachment were necessary prior to the issuance of a building permit. Your Committee further finds that although a direct lease was approved to resolve the pier encroachment issue, this lease was never consummated, and it was subsequently determined that the Department of Land and Natural Resources should issue a non-exclusive easement to resolve the issue. However, the Legislature must grant prior authorization before state lands can be leased. This measure authorizes the granting of a term, non-exclusive agreement for the portion of identified state submerged lands in Kaneohe that have been encroached upon by the pier.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 26 and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,

____________________________

RYAN I. YAMANE, Chair