STAND. COM. REP. NO.  1783

 

Honolulu, Hawaii

                , 2021

 

RE:   S.C.R. No. 15

      S.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Water & Land, to which was referred S.C.R. No. 15, S.D. 1, entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT NAPILI 2 AND 3, LAHAINA, MAUI, FOR THE EXISTING WALKWAY, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

 

begs leave to report as follows:

 

     The purpose of this measure is to authorize the issuance of a term, non-exclusive easement covering a portion of state submerged lands at Napili 2 and 3, Lahaina, Maui, for the existing walkway, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

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

 

Your Committee finds that the Department of Land and Natural Resources' Office of Conservation and Coastal Lands has determined that the walkway and stairs provide safe public access along the shoreline, which would be diminished if the walkway were removed; removal of the walkway would have a minimal beneficial impact on  beach resources due to its limited size and the existence of a major structure situated directly landward of the encroachment; and removal of the walkway would have an unknown effect on surrounding parcels.  Your Committee further finds that this measure is necessary to provide legislative authorization for the Board of Land and Natural Resources to lease the subject submerged lands.

 

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 15, S.D. 1, and recommends that it be referred to your Committee on Consumer Protection & Commerce.

 

 

Respectfully submitted on behalf of the members of the Committee on Water & Land,

 

 

 

 

____________________________

DAVID A. TARNAS, Chair