STAND. COM. REP. NO. 1509

Honolulu, Hawaii

RE: S.C.R. No. 17

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. 17 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA HOMESTEADS, KIHEI, MAUI, FOR THE EXISTING SEAWALL, ROCK REVETMENT, AND CONCRETE STEPS, 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 Board of Land and Natural Resources to issue a term, non-exclusive easement covering a certain portion of state submerged lands at Waiohuli-Keokea Homesteads in Kihei, Maui.

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, rock revetment, and concrete steps fronting the property identified as Tax Map Key: (2) 3-9-012:003 as encroaching on state submerged lands.

Your Committee also finds that according to the Department of Land and Natural Resources' Office of Conservation and Coastal Lands, removal of the subject "seawall may destabilize seawalls and revetments at adjacent properties, potentially threatening upland structures", while allowing for the subject seawall to remain intact will "have no discernable effect on beach and recreational resources". Accordingly, your Committee believes that it is appropriate to authorize the Board of Land and Natural Resources to issue the term, non-exclusive easement for the existing seawall, rock revetment, and concrete steps, and for the use, repair, and maintenance of the existing improvements constructed thereon. 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 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. 17 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