STAND. COM. REP. NO. 1499

Honolulu, Hawaii

RE: S.C.R. No. 12

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 12 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAMAOLE, KULA, MAUI, FOR THE EXISTING RUBBLE ROCK REVETMENT, ROCK WALL, AND TWO CONCRETE STAIRWAYS, AND FOR USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a term, non‑exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 3‑9‑005:001, for the existing rubble rock revetment, rock wall, and two concrete stairways, and for the use, maintenance, repair, replacement, and removal of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes.

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, authorizes the Board of Land and Natural Resources to lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution. At the location in question, a rubble rock revetment, a rock wall, and two concrete stairways were originally built in 1980 in the government beach reserve. However, a portion of the improvements are located on state submerged lands. Your Committee finds that the removal of the rubble rock revetment would place one of the condominium buildings under immediate threat of erosion, and removal of the stairs could hinder public access. Your Committee further finds that encroaching structures will prevent shoreline erosion and mitigate inland flooding associated with large wave and storm events.

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. 12 and recommends its adoption.

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

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DONOVAN M. DELA CRUZ, Chair