STAND. COM. REP. NO. 1279

Honolulu, Hawaii

, 2021

RE: H.C.R. No. 103

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.C.R. No. 103 entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING PORTIONS OF SUBMERGED LANDS AT MAUNALUA, OAHU, HAWAII, FOR THE CONSTRUCTION AND MAINTENANCE OF A ROCK GROIN TO SLOW THE RATE OF SEDIMENT DEPOSITION IN THE ENTRANCE CHANNEL OF THE HAWAII KAI MARINA,"

begs leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to issue a perpetual, non-exclusive easement covering portions of state submerged lands at Maunalua, Oahu, for the construction and maintenance of a rock groin on those state submerged lands, to slow the rate of sediment deposits in the entrance channel of the Hawaii Kai Marina.

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

Your Committee finds that the Hawaii Kai Marina Community Association is responsible for the maintenance of the entrance channel between the privately owned Hawaii Kai Marina and Maunalua Bay. Your Committee further finds that the Department of Land and Natural Resources has worked with the community association on a proposed project to remove the deteriorating sandbag groin on the eastern side of the entrance channel and construct a permanent rock rubble groin in its place to reduce the rate of sediment loss into the channel entrance, which in turn will reduce the number and frequency of dredging activities.

Your Committee notes that the Department of Land and Natural Resources informed your Committee that the grantee has rejected the appraised value of $400,000 and a statutory procedure is in place to address the dispute over fair market value. The Department will request the grantee to adhere to that process. This measure provides the requisite authorization for the granting of a perpetual, non-exclusive easement for the portions of identified state submerged lands seaward of Kalanianaole Highway near the bridge at Maunalua, Oahu, for the construction and maintenance of the permanent rock groin.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 103 and recommends that it be referred to your Committee on Consumer Protection & Commerce.

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

____________________________

DAVID A. TARNAS, Chair