STAND. COM. REP. NO. 1314-26

Honolulu, Hawaii

, 2026

RE: H.C.R. No. 14

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

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

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIALAE, HONOLULU, OAHU, FOR EXISTING DRAINAGE PURPOSES, AND FOR USE, OPERATION, 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 (Board) to issue a perpetual, non-exclusive easement covering a portion of the subject property identified as (1) 3-5-023: 041, and a portion of state submerged lands seaward of the subject property, Waialae, Honolulu, Oahu, for the existing outfalls constructed thereon, along with the right, privilege, and authority to construct, use, operate, maintain, repair, replace, and remove pipelines across state-owned land for drainage purposes, 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 and two individuals.

Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the Board to obtain prior authorization from the Legislature and prior approval of the Governor to dispose of state submerged lands. At its meeting on September 27, 2024, under agenda item D-7, the Board approved the issuance of perpetual, non-exclusive easements to Resorttrust Hawaii, LLC, for the outfalls located on or under the subject property and on state submerged land at the shoreline abutting the subject property, along with the right, privilege, and authority to construct, use, operate, maintain, repair, replace, and remove pipelines across state-owned land for drainage purposes, with a one-time payment to be determined by independent appraisal establishing fair market rent, subject to review and approval by the Chairperson of the Board. Your Committee further finds that this measure expresses the requisite legislative authorization so that an easement may be issued for the continued use of those state submerged lands.

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. 14 and recommends that it be referred to your Committee on Finance.

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

____________________________

MARK J. HASHEM, Chair