STAND. COM. REP. NO. 1051

Honolulu, Hawaii

RE: S.C.R. No. 13

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. 13 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR THE EXISTING STORM DRAIN, 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 perpetual, non-exclusive easement for the portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-9-027:007, Maunalua, Honolulu, Oahu, for the existing storm drain, and for the use, repair, and maintenance of 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. In 2006, the City and County of Honolulu sought to improve one of their storm drains when they discovered a one hundred seventy-four square foot encroachment located makai of the existing drainage easement. There appears to be no anticipated impacts to lateral sand movements and the improvement does not seek to prohibit lateral shoreline access. Rather, the improvement mitigates any surface runoff at the location. The improvement is a non-conforming use and no conservation district use permit was issued for the construction.

Your Committee further finds that on March 23, 2007, under agenda item D-5, the Board of Land and Natural Resources (Board) unanimously approved a request for a grant of a perpetual non‑exclusive easement to resolve the one hundred seventy-four square feet storm drain encroachment. On August 9, 2019, under agenda item D-5, the Board amended its prior action by adding section 171-53, Hawaii Revised Statutes, as the governing statutory authority. Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing storm drain.

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. 13 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