STAND. COM. REP. NO. 1052

Honolulu, Hawaii

RE: S.C.R. No. 14

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. 14 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, 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) 4-4-021:038, Kaneohe, Koolaupoko, 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. The City and County of Honolulu was made aware of the portion of the storm drain encroaching onto state property during a shoreline certification of the neighboring private property. The drainage structure was constructed as part of the King Subdivision developed in the neighborhood and was subsequently dedicated to the City and County of Honolulu as part of the subdivision improvements in 1968. The structure can be considered of non-conforming use in the context of permitting requirements regulated by the Department of Land and Natural Resources' Office of Conservation and Coastal Lands and the Department of Health. The shoreline fronting the drainage structure consists of the muddy waters of Kaneohe Bay, which contain no beach resources. There are no anticipated impacts to lateral sand movement or flanking.

Your Committee further finds that on August 23, 2013, under agenda item D-10, the Board of Land and Natural Resources, subject to conditions, unanimously approved a grant of a perpetual non-exclusive easement to resolve the six hundred seventy-nine square foot storm drain encroachment.  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. 14 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