STAND. COM. REP. NO. 1084
RE: S.C.R. No. 113
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Water and Land, to which was referred S.C.R. No. 113 entitled:
"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAPAA, KAWAIHAU, KAUAI, FOR CONSTRUCTION OF A GROIN AND FOR SMALL-SCALE BEACH RESTORATION, AND FOR USE, REPAIR, AND MAINTENANCE OF THE 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: (4) 4-3-009: seaward of 050, Kapaa, Kawaihau, Kauai for construction of a sand groin, 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 eight individuals.
Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources (BLNR) 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 at its meeting on February 14, 2021, under agenda item D-3, BLNR, subject to certain conditions, approved the issuance of a term, non-exclusive easement to the Association of Unit Owners of Kauai Kailani for the replacement of the existing sandbag barrier with a sandbag groin. Your Committee concludes that the easement is necessary for the construction of the sandbag groin to slow littoral drift and the erosion of Kuhio Beach in Kapaa, Kauai.
Your Committee notes for your Committee on Ways and Means that, following testimony and discussion, at its meeting scheduled for March 25, 2021, under agenda item D-3, BLNR plans to amend its prior approval of a term, non-exclusive easement of approximately 960 square feet in favor of a twenty-five year term, non-exclusive easement of 1,764 square feet, subject to certain conditions.
Your Committee has amended this measure by:
(1) Clarifying its title; and
(2) 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.C.R. No. 113, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as S.C.R. No. 113, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Water and Land,
LORRAINE R. INOUYE, Chair