STAND. COM. REP. NO. 1380

Honolulu, Hawaii

RE: S.R. No. 59

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.R. No. 59 entitled:

"SENATE RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, THE COUNTY OF MAUI, AND THE UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the Department of Land and Natural Resources to consult with the Kahana Bay Steering Committee, County of Maui, and United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project.

Your Committee received testimony in support of this measure from the Association of Apartment Owners of Hololani, Valley Isle Resort, and numerous individuals.

Your Committee received testimony in opposition to this measure from Lāhainā Strong, Malama Na Pua o Haumea, Save Honolua Coalition, and numerous individuals.

Your Committee received comments on this measure from the Department of Land and Natural Resources and one individual.

Your Committee finds that in 2018, the Kahana bay Steering Committee retained Oceanit to assist in the engineering, planning, permitting, and implementation of the Kahana Bay Erosion Mitigation Project to protect the shoreline. While Oceanit has engaged in extensive community and agency consultation, the project has since stalled, and no final environmental impact statement has been prepared. Your Committee further finds that the Kahana Bay Steering Committee proposed to fund the Kahana Bay, which would require public ownership of the rock groins necessary to hold the replenished sand in place. However, the County of Maui has indicated it is unwilling to assume the liability risks associated with owning the groins and has not promulgated rules to implement the community facilities district financing program. Your Committee also finds that the Board of Land and Natural Resources has urged condominium associations along Kahana Bay to develop a collective solution to protect public resources. This measure will facilitate the preservation and protection of the Kahana Bay shoreline.

Your Committee notes the concern raised by the Association of Apartment Owners of Hololani that a coordinating body is needed to bring together the parties involved in the Kahana Bay Erosion Mitigation Project.

Accordingly, your Committee has amended this measure by:

(1) Clarifying that the Office of Planning and Sustainable Development is urged to consult with the Kahana Bay Steering Committee, County of Maui, Department of Land and Natural Resources, and United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project;

(2) Deleting language that would have urged the Department of Land and Natural Resources, in consultation with the Kahana Bay Steering Committee, County of Maui, and United States Army Corps of Engineers, to consider legal options for the ownership of the rock groins;

(3) Making conforming amendments to include the Office of Planning and Sustainable Development as one of the parties urged to act by this measure;

(4) Clarifying that the Office of Planning and Sustainable Development, rather than the Department of Land and Natural Resources, is urged to submit a report to the Legislature;

(5) Updating legislative findings;

(6) Amending its title accordingly; and

(7) 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.R. No. 59, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 59, S.D. 1.

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

________________________________

LORRAINE R. INOUYE, Chair