Bill Text: HI SCR64 | 2022 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Napili, Kaanapali, Maui, For A Portion Of Stairs For Public Beach Access, And For Use, Repair, And Maintenance Of The Stairs Constructed Thereon.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2022-06-06 - Certified copies of resolutions sent, 06/06/22. [SCR64 Detail]
Download: Hawaii-2022-SCR64-Amended.html
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THE SENATE |
S.C.R. NO. |
64 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT NAPILI, KAANAPALI, MAUI, FOR A PORTION OF STAIRS FOR PUBLIC BEACH ACCESS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE STAIRS CONSTRUCTED THEREON.
WHEREAS, Hawaii is already experiencing the impacts of climate change, including rising sea levels, extreme tides, accelerated coastal erosion, and stronger, more frequent storms; and
WHEREAS, the old Napili Beach public access concrete stairs, originally constructed in the 1980s, from headland to the south end of the Napili Beach were seriously damaged by a heavy south swell on Labor Day, 2017; and
WHEREAS, while slightly damaged and slanted, the stairs reopened in October 2017 for public use; and
WHEREAS, in 2019, the Napili Bay and Beach Foundation, Inc. applied for and received a state grant-in-aid to replace the older stairs with more resilient, trex decking stairs, which are open tread to allow seasonal ebb and flow of beach sand; and
WHEREAS, the older stairs were completely destroyed in a heavy south swell during July 2019; and
WHEREAS, to mitigate some impacts from further coastal erosion and south swells, the Napili Beach Public Access Stair Project is proposed to be relocated at a location further away from south swell impact; and
WHEREAS, portions of the failed beach access stairs as well as portions of the replacement stairs are located in the conservation district and a significant portion of the replacement project is located in the special management area; and
WHEREAS, in January 2021, the Department of Land and Natural Resources Office of Conservation and Coastal Lands issued a site plan approval for the replacement of the failed concrete stairs with the new access stairs; and
WHEREAS, in February 2021, the County of Maui Department of Planning issued a special management area exemption, shoreline setback approval, and environmental assessment exemption for the project; and
WHEREAS, at its meeting on October 22, 2021, under agenda item D-5, the Board of Land and Natural Resources approved a twenty-five-year term, non-exclusive easement for elevated beach access stairs and dune walkover on state lands identified by tax map keys: a portion of (2) 4-3-002:023 and a portion of (2) 4‑3-002:099 for the project; and
WHEREAS, the Board of Land and Natural Resources, at the same meeting, also approved an immediate construction right-of-entry permit to allow construction of beach access stairs and dune walkover prior to Napili Bay and Beach Foundation, Inc. obtaining legislative approval of the easement for the portion of the stairs to be located on state submerged lands as required by section 171-53, Hawaii Revised Statutes, provided that Napili Bay and Beach Foundation, Inc. post a removal bond in the amount of $55,000; and
WHEREAS, the Department of Land and Natural Resources will be able to release the removal bond if the Legislature approved a concurrent resolution for the easement approved by the Board of Land and Natural Resources; and
WHEREAS, no consideration was charged for issuing the easement since Napili Bay and Beach Foundation, Inc. is a Hawaii non-profit corporation and an Internal Revenue Code Section 501(c)(3) tax-exempt organization and is undertaking the project for purposes of facilitating public access to the beach and Napili Bay and Beach Foundation, Inc. will construct and maintain the access at its own expense and with the aid of grants; and
WHEREAS, through a combination of grants from the Legislature grant-in-aid and Maui County, demolition and construction on the project began in November 2021, and the public access stair project is expected to be completed in 2022; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement to Napili Bay and Beach Foundation, Inc. covering a portion of state submerged lands identified as tax map key: (2) 4-3-002:023, Napili, Kaanapali, Maui, for a portion of the beach access stairs constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and President of the Napili Bay and Beach Foundation, Inc.
Napili Bay; Public Access Stairs; Beach Access; Board of Land and Natural Resources
