Hawaii Senate Bill SCR3

Hawaii 2025 Regular Session

• Introduced: 1/23/25
• Refer: 2/3/25
• Report Pass: 3/12/25
• Refer: 3/12/25
• Engrossed: 3/31/25
• Refer: 4/4/25
• Report Pass: 4/14/25
• Refer: 4/14/25
• Report Pass: 4/17/25
• Passed: 4/21/25

Caption

Authorizing The Issuance Of A Perpetual, Non-exclusive Easement To The City And County Of Honolulu 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

SCR3 is a Senate 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, Oahu. The easement is needed for an existing stormwater management outfall and drainage system, including the right to use, repair, and maintain the improvements built 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2018 Board of Land and Natural Resources action that approved a conservation district use permit for replacement of an outdated and ineffective drainage outfall.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. Because Hawaii law requires prior legislative authorization and gubernatorial approval before state submerged lands may be leased, the resolution serves as the necessary legislative authorization under section 171-53(c), Hawaii Revised Statutes.

Impact

If adopted, SCR3 would authorize the State, through the Board of Land and Natural Resources, to grant a perpetual non-exclusive easement over state submerged lands to the City and County of Honolulu. It would not change general land-use law, but it would create the legal basis for the city to continue operating, maintaining, and repairing the stormwater outfall and drainage infrastructure in Maunalua. The resolution specifically implements the statutory requirement for legislative approval before submerged lands can be leased or encumbered for this purpose.

Sentiment

The available record suggests broad support and little controversy. The Senate Water and Land Committee passed the measure with amendments on a 3-0 vote, indicating unanimous support among the members voting. The bill’s purpose is framed as a practical infrastructure and coastal management action, which likely contributed to the favorable reception.

Contention

There is little evidence of substantive opposition in the materials provided. The only notable procedural point is that the resolution must satisfy Hawaii’s legal requirements for authorizing use of state submerged lands, including legislative approval and gubernatorial consent. Any discussion would likely center on the appropriateness of granting a perpetual easement over public submerged lands and the terms of the non-exclusive, gratis arrangement, but no specific objections are reflected in the vote or bill text.