STAND. COM. REP. NO. 1694

Honolulu, Hawaii

RE:    H.C.R. No. 185

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.C.R. No. 185, S.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF FOUR TERM, NON-EXCLUSIVE EASEMENTS COVERING PORTIONS OF STATE SUBMERGED LANDS AT STABLE ROAD BEACH, STABLE ROAD, SPRECKELSVILLE, WAILUKU, MAUI, FOR THE USE, MAINTENANCE, AND REPAIR OF FOUR EXISTING ROCK GROINS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources, contingent upon confirmation by a survey conducted by the Department of Accounting and General Services, to issue four term, nonexclusive easements covering a portion of state submerged lands fronting the property identified as seaward of tax map keys:  (2) 3-8-002:071, 074, 077, 078, and 094, Spreckelsville, Wailuku, Maui, for the use, maintenance, and repair of four existing rock groin structures.

     Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands.

     Your Committee also finds that on September 26, 2014, under agenda item D-6, the Board of Land and Natural Resources approved the grant of four term, fifty-five-year non-exclusive easements to the following owners of lots adjacent to the groins:

     (1)  The Association of Apartment Owners of Ainalani Lot 6;

     (2)  David B. Lim and Jan D. Lim, Trustees of the D & J Family Trust dated August 30, 2006;

     (3)  Cortland K. Larned III, Elizabeth M. Larned, and Ian Horswill; and

     (4)  James C. Riley, Trustee under Declaration of Revocable Trust of James C. Riley dated November 21, 1989, Jeanne A. Riley, Trustee under Declaration of Revocable Trust of Jeanne A. Riley dated November 21, 1989, and Peter Klint Martin, Trustee of the Peter Klint Martin Revocable Trust dated April 11, 1995, as amended, for rock groin purposes;

and additionally issued an immediate construction right-of-entry to the Stable Road Beach Restoration Foundation to construct the groins.  The approval of the easements requires the grantees to pay the State the fair market value of the easements, to be determined by an independent appraisal, as consideration for the use of public lands.

Your Committee further finds that the groins were installed by November 5, 2014, to replace temporary geo-tubes and provide a long-term and sustainable solution to chronic beach erosion at Stable Road Beach on Maui.  The groins have already caused the beach to gain more sand, thereby increasing lateral beach access and improving opportunities for recreational activities, such as fishing, diving, windsurfing, walking, and swimming, while providing a beach habitat for endangered species.

     Accordingly, 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 H.C.R. No. 185, 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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JILL N. TOKUDA, Chair