STAND. COM. REP. NO. 1500

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 Ways and Means, 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 covering a portion of state submerged lands at Maunalua, on the island of Oahu, for the use, repair, and maintenance of an existing storm drain.

Your Committee received written comments in support of this measure from the Department of Land and Natural Resources.

Your Committee notes that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state lands. Your Committee finds that the Department of Land and Natural Resources has approved a request to grant a perpetual non-exclusive easement for a 174-square foot portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-9-027:007 at Maunalua, Honolulu, Oahu, for the use, repair, and maintenance of the existing storm drain constructed thereon.

Accordingly, your Committee finds that the storm drain use, repair, and maintenance facilitated by this measure will not interfere with beach access and will serve the public interest by mitigating surface runoff. Your Committee further finds that this measure expresses the requisite legislative approval to permit an easement to be issued for the use of those state submerged lands.

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. 13 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