STAND. COM. REP. NO. 1048

Honolulu, Hawaii

RE: S.C.R. No. 10

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 10 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAALAWAI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, 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 a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-1-041:025, Kaalawai, Honolulu, Oahu, for the existing seawall, 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 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. The parcel in question relates to a seawall that was built within private property, except for a small portion of the wall footing which was built makai of the property on state lands. The Department of Land and Natural Resources' Office of Conservation and Coastal Lands supported the disposition through an easement, citing there are no sandy beach resources fronting the subject seawall. Further, it is unlikely that removal of the encroachment would improve lateral shoreline access. The current seawall is being used as a retaining wall, and the removal of the encroaching portion could undermine the integrity of the entire seawall causing a catastrophic collapse and subsequent loss of backfilled soil and the resident structure.

Your Committee further finds that, on April 13, 2018, under agenda item D-7, the Board of Land and Natural Resources, subject to conditions, unanimously approved a grant of a fifty-five-year non-exclusive easement to resolve the two hundred fourteen square feet seawall encroachment to no public opposition. Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing seawall.

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. 10 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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LORRAINE R. INOUYE, Chair