STAND.
COM. REP. NO. 1401-24
Honolulu, Hawaii
, 2024
RE: H.C.R. No. 12
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committee on Water & Land, to which was referred H.C.R. No. 12 entitled:
"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE EXISTING CONCRETE BOAT RAMP, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"
begs leave to report as follows:
The purpose of this measure is to authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering an existing concrete boat ramp seaward of the land identified as Tax Map Key: (l) 4-5-047:013, Kaneohe, Koolaupoko, Oahu, which is situated upon state submerged lands, pursuant to section 171-53, Hawaii Revised Statutes.
Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the Board of Land and Natural Resources (Board) to obtain prior authorization from the Legislature and prior approval of the Governor to dispose of state submerged lands. The Board identified the existing concrete boat ramp seaward of the land identified as Tax Map Key: (l) 4-5-047:013, Kaneohe, Koolaupoko, Oahu, as encroaching upon state submerged lands and on May 12, 2023, approved a grant of a twenty-five-year, non-exclusive easement to resolve the concrete boat ramp encroachment. Your Committee further finds that this measure expresses the requisite legislative approval so that an easement may be issued for the continued use of those state submerged lands.
Your Committee has amended this measure by:
(1) Adding WHEREAS clauses explaining your Committee's concerns about the ongoing challenges posed by sea-level rise and the existing practice of issuing easements to private landowners for state submerged lands on a case-by-case basis;
(2) Providing that the term of the non-exclusive easement to resolve the existing encroachments should not exceed fifteen years; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 12, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.C.R. No. 12, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ LINDA ICHIYAMA, Chair |