Hawaii House Bill HCR9

Hawaii 2024 Regular Session

• Introduced: 1/24/24
• Refer: 3/8/24
• Report Pass: 3/27/24
• Report Pass: 4/4/24
• Refer: 3/27/24
• Refer: 4/5/24
• Engrossed: 4/4/24
• Refer: 4/15/24
• Report Pass: 4/18/24
• Passed: 4/19/24

Caption

Authorizing The Issuance Of A Perpetual, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Heeia, Koolaupoko, Oahu, For The Existing Drain, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The proposed easement would legitimally solidify and allow the ongoing use, repair, and maintenance of the drainage infrastructure that is vital for managing stormwater and preventing flooding in the region. By resolving the encroachment of both private and public improvements on state lands, this bill aims to facilitate better municipal management of water resources and urban infrastructure.

Summary

HCR9, introduced in the Hawaii State Legislature, seeks to authorize the issuance of a perpetual, non-exclusive easement over a portion of state submerged lands at Heeia, Koolaupoko, Oahu. This easement is intended for the existing drainage system that runs through the area. The need for this action arose when it was discovered that parts of the City's drainage structure were located on state submerged lands without a proper easement, despite the structure being constructed in the 1970s as part of local land development.

Contention

Throughout the legislative process, discussions around HCR9 included considerations about ensuring local government capabilities in maintaining essential services without bureaucratic hurdles. However, the infrastructure's historical context raises some points of concern regarding the length of time the construction was in operation without a legal easement, prompting calls for more stringent regulations on similar future projects to prevent unauthorized use of state lands.