Hawaii House Bill HCR3

Hawaii 2025 Regular Session

• Introduced: 1/21/25
• Refer: 1/27/25

Caption

Authorizing The Issuance Of A Perpetual, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Maunalua, Honolulu, Oahu, For The Stormwater Management Outfall And Drainage System, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.

Summary

HCR3 is a House Concurrent Resolution that authorizes the Board of Land and Natural Resources to grant the City and County of Honolulu a perpetual, non-exclusive easement over a small portion of state submerged lands in Maunalua, Honolulu, Oahu. The easement is for an existing stormwater management outfall and drainage system, including the right to use, repair, and maintain the improvements located there. The resolution identifies the affected area as approximately 1,050 square feet fronting Tax Map Key (1) 3-9-003: seaward of 028. The measure is tied to a prior 2018 Board of Land and Natural Resources action that approved a conservation district use permit for a permanent replacement of an outdated and ineffective drainage outfall. It also reflects the City and County of Honolulu’s agreement to secure an easement from the State for the portion of the system located on submerged lands. The resolution cites Hawaii Revised Statutes section 171-53(c), which requires legislative authorization by concurrent resolution and prior gubernatorial approval before state submerged lands may be leased or encumbered in this way.

Impact

If adopted, the resolution would not itself amend the Hawaii Revised Statutes, but it would provide the legislative authorization required for the Board of Land and Natural Resources to issue the perpetual easement under section 171-53(c). The practical effect is to legalize and formalize the City and County of Honolulu’s continued occupation and maintenance of the stormwater outfall on state submerged lands, ensuring the drainage infrastructure can remain in place and be maintained without trespass or title issues. The affected parties are the State of Hawaii, the Board of Land and Natural Resources, and the City and County of Honolulu, with the easement granted at gratis consideration.

Sentiment

The available context suggests the bill is largely procedural and likely noncontroversial. The resolution appears to implement an already-approved infrastructure solution and to regularize an existing drainage improvement rather than create a new policy dispute. There are no recorded committee transcripts or votes in the provided material, so there is no evidence of opposition or debate in the available record.

Contention

The main legal point is the use of state submerged lands and the need for formal authorization under section 171-53(c), but the bill text indicates that this issue had already been addressed through prior BLNR approval and the City’s agreement to obtain the easement. Any potential concern would likely center on the State’s conveyance of a perpetual property interest, even though it is non-exclusive and at no cost, and on the broader precedent of allowing municipal infrastructure to occupy submerged lands. No specific opposition, amendments, or disputed stakeholders are identified in the provided materials.