STAND. COM. REP. NO. 1516

Honolulu, Hawaii

RE: S.C.R. No. 228

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 228 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MAALAEA BEACH LOTS, WAIKAPU, WAILUKU, MAUI, FOR THE EXISTING SEAWALL AND ROCK REVETMENT, AND FOR USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL 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 term, non-exclusive easement covering a portion of state submerged lands identified as Tax Map Key: (2) 3-8-014: seaward of 022, Maalaea Beach Lots, Waikapu, Wailuku, Maui, for the existing seawall and rock revetment, and for use, maintenance, repair, replacement, and removal of the existing improvements constructed thereon.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Association of Apartment Owners of Milowai-Maalaea. Your Committee received testimony in opposition to this measure from one individual.

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. Your Committee further finds that on October 9, 2015, under agenda item D-6, the Board of Land and Natural Resources, subject to conditions, approved a grant of a fifty-five year non-exclusive easement to resolve the encroachment of the seawall and rock revetment identified in this measure. On January 8, 2021, under agenda item D-5, the Board of Land and Natural Resources, subject to conditions, approved an amendment to shorten the term of the easement from fifty-five to twenty-five years, or in the event the applicant is not successful in acquiring the fee or obtaining an extension of the ground lease of the abutting apartment property, to end on December 31, 2038, concurrent with the expiration of the ground lease for the abutting apartment property. Your Committee finds that the easement is necessary for the use, maintenance, repair, replacement, and removal of the existing improvements.

Your Committee has amended this measure by:

(1) Requesting that the Board of Land and Natural Resources require the easement to provide for either public access to the shoreline from the grass next to the seawall or for the installation of a railing along the top of the seawall to allow the public lateral access to the shoreline; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 228, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 228, S.D. 1.

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

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LORRAINE R. INOUYE, Chair