STAND. COM. REP. NO. 1501

Honolulu, Hawaii

RE: S.C.R. No. 16

S.D. 1

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. 16, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF TERM, NON-EXCLUSIVE EASEMENTS COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA (KIHEI), WAILUKU, MAUI, FOR THE EXISTING SEAWALL, AND FOR USE, MAINTENANCE, AND REPAIR 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 term, non-exclusive easements covering a portion of state submerged lands at Waiohuli-Keokea (Kihei), Wailuku, Maui, for the existing seawall, and for the use, maintenance, and repair 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 the Board of Land and Natural Resources has identified portions of a seawall fronting the property identified as Tax Map Key: (2) 3-9-011:008 as encroaching upon state submerged lands. In its meetings on August 25, 2017, and October 12, 2018, the Board approved the grant of sixty-five year, non-exclusive easements to resolve these encroachments. Your Committee also finds that these easements are necessary for the use, repair, and maintenance of the existing seawall. Your Committee further finds that this measure expresses the requisite legislative approval required by section 171-53, Hawaii Revised Statutes, so that an easement may be issued for 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. 16, S.D. 1, 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