Bill Text: HI HR117 | 2024 | Regular Session | Introduced

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Bill Title: Authorizing The Cancellation Of Governor's Executive Order No. 3006 And Reset Aside To The County Of Maui, Department Of Environmental Management, For Sewage Treatment Plant Purposes, Kahului, Wailuku, Maui, Tax Map Key Number: (2) 3-8-001:188 And Seaward Of 188 And The Issuance Of A Perpetual, Non-exclusive Easement To The County Of Maui, Department Of Environmental Management, For Wastewater Force Main Purposes, Kahului, Wailuku, Maui, Tax Map Key Number: (2) 3-8-001: Portion Of 119.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-13 - Referred to WAL, JHA, referral sheet 21 [HR117 Detail]

Download: Hawaii-2024-HR117-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	117
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE RESOLUTION

 

 

authorizing the CANCELLATION OF GOVERNOR'S EXECUTIVE ORDER NO. 3006 AND RESET ASIDE TO the COUNTY OF MAUI, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, FOR SEWAGE TREATMENT PLANT PURPOSES, KAHULUI, WAILUKU, MAUI, TAX MAP KEY number:  (2) 3-8-001:188 AND SEAWARD OF 188 and the issuance OF a PERPETUAL, NON-EXCLUSIVE EASEMENT TO THE COUNTY OF MAUI, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, FOR WASTEWATER FORCE MAIN PURPOSES, KAHULUI, WAILUKU, MAUI, TAX MAP KEY number:  (2) 3-8-001: PORTION OF 119.

 

 

     WHEREAS, the Wailuku-Kahului Wastewater Reclamation Facility in Kahului, Maui, is the County of Maui's main sewage treatment plant that services the central Maui region; and

 

     WHEREAS, the land beneath the Wailuku-Kahului Wastewater Reclamation Facility was granted to the County of Maui by Executive Order No. 3006 in 1980; and

 

     WHEREAS, Executive Order No. 3006 covers a total of 18.755 acres; and

 

     WHEREAS, a requirement for Executive Order No. 3006 to be amended was triggered by a 2014 shoreline certification process that was completed during permitting for certain shoreline protection improvements at the sewage treatment plant facility; and

 

     WHEREAS, construction of these shoreline protection improvements was completed by the County of Maui in 2015; and

 

     WHEREAS, during the 2014 shoreline certification process, a small 0.534-acre area of an existing shoreline revetment was identified as extending beyond the seaward boundary of the limits of Executive Order No. 3006; and

 

     WHEREAS, the encroaching portion of the revetment has existed and remained intact since its construction by the United States Army Corps of Engineers in 1979; and

 

     WHEREAS, the County of Maui agreed to resolve the encroachment and submitted a request for state lands application to the Department of Land and Natural Resources to amend Executive Order No. 3006 in July 2016; and

 

     WHEREAS, the Department of Land and Natural Resources has indicated that it considers this action to be a housekeeping measure to correct the oversight of not including the outstanding encroachment area in the survey for the initial set aside (Executive Order No. 3006); and

 

     WHEREAS, as advised by the Department of the Attorney General, instead of amending Executive Order No. 3006, the Department of Land and Natural Resources is now proceeding to cancel Executive Order No. 3006 and will be issuing a new executive order (via cancellation of Executive Order No. 3006 and reset aside) for the slightly larger land area totaling 19.289 acres (18.755 acres plus the additional area of 0.534 acres); and

 

     WHEREAS, the reason for this action is that Executive Order No. 3006 was originally issued to the County of Maui, Department of Public Works, but the County of Maui, Department of Environmental Management is now requesting an update to the executive order; and

 

     WHEREAS, the new Executive Order will be issued to the County of Maui, Department of Environmental Management as the agency responsible for the operation and maintenance of the Wailuku-Kahului Wastewater Reclamation Facility; and

 

     WHEREAS, as part of this housekeeping action, the Department of Land and Natural Resources has also determined that a new perpetual non-exclusive easement (approximately 8,666 square feet) will be issued to the County of Maui, Department of Environmental Management for wastewater force main purposes; and

 

     WHEREAS, with respect to the grant of easement, this action is required because the Department of the Attorney General has further advised that the State of Hawaii no longer creates easements through executive orders; and

 

     WHEREAS, rather, easements must be established by a separate grant of easement document; and

 

     WHEREAS, the perpetual easement will be appurtenant to the site of the sewage treatment plant; and

 

     WHEREAS, the easement is appropriate as it is located on a separate parcel (along Amala Place) from the Wailuku-Kahului Wastewater Reclamation Facility itself, Tax Map Key Number:  (2) 3-8-001:119, that is already encumbered by Governor's Executive Order No. 2358 to the County of Maui for public beach park purposes (Kanaha Beach Park); and

 

     WHEREAS, the processing of a new executive order (via cancellation of Executive Order No. 3006 and reset aside) and new perpetual non-exclusive easement were approved by the Board of Land and Natural Resources on January 8, 2021 (PSF No.:  12MD‑139); and

 

     WHEREAS, the original request to amend Executive Order No. 3006 was initially approved by the Board of Land and Natural Resources in 2017; and

 

     WHEREAS, it is the opinion of the Department of Land and Natural Resources that this request requires prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution; now therefore

 

     BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Board of Land and Natural Resources is hereby authorized to issue a new executive order (via cancellation of Executive Order No. 3006 and reset aside), and the perpetual non-exclusive easement as described by this Concurrent Resolution, pursuant to sections 171-11 and 171‑95, Hawaii Revised Statues; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title:

Submerged Lands; County of Maui; DLNR; BLNR; Wailuku-Kahului Wastewater Reclamation Facility