STAND. COM. REP. NO. 3880

Honolulu, Hawaii

RE: H.C.R. No. 14

H.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.C.R. No. 14, H.D. 2, entitled:

"HOUSE 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 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 issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key: (2) 3-8—014:022, Maalaea Beach Lots, Waikapu, Wailuku, Maui, for the existing seawall, and the use, repair, and maintenance of existing improvements constructed thereon, pursuant to section 171-53, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Maʻalaea Village Association, and six individuals.

Your Committee received comments on this measure from Milowai Maalaea AOAO.

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, 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 identified in this measure. Your Committee notes that on January 8, 2021, the Board of Land Natural Resources approved an amendment to the decision made on October 9, 2015, to shorten the term of the non-exclusive easement from fifty-five to twenty-five years, or in the event the applicant is unsuccessful 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 concludes that the easement is necessary for the use, repair, and maintenance of the existing seawall.

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 H.C.R. No. 14, H.D. 2, and recommends its adoption.

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

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LORRAINE R. INOUYE, Chair