SCR 76: URGING THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, COUNTY OF MAUI, DEPARTMENT OF LAND AND NATURAL RESOURCES, AND UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT.

SENATE CONCURRENT

RESOLUTION

URGING THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, COUNTY OF MAUI, DEPARTMENT OF LAND AND NATURAL RESOURCES, AND UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT.

     WHEREAS, at the urging of the County of Maui Department of Planning, the owners of units in the nine condominium projects, through their owners' associations, and one residential kuleana parcel on Kahana Bay, are members of, and have provided funding for, the Kahana Bay Steering Committee to develop and implement the Kahana Bay Erosion Mitigation Project, which is a proposed regional project to restore the eroded beaches on Kahana Bay; and

     WHEREAS, in 2018, the Kahana Bay Steering Committee retained Oceanit to assist in the engineering, planning, permitting, and implementation of the Kahana Bay Erosion Mitigation Project; and

     WHEREAS, by 2019, Oceanit had engaged in extensive community and agency consultation, prepared an environmental impact statement preparation notice, and held scoping meetings; and

     WHEREAS, Oceanit published the Kahana Bay Erosion Mitigation Project Second Draft Environmental Impact Statement on November 8, 2021; and

     WHEREAS, unfortunately, the Kahana Bay Erosion Mitigation Project has been stalled, and no final environmental impact statement has been prepared; and

     WHEREAS, the Kahana Bay Steering Committee proposed to fund the Kahana Bay Erosion Mitigation Project, at an estimated cost of $26 million to $40 million, through community facilities district financing pursuant to Chapter 3.75, Maui County Code, which would require public ownership of the rock groins necessary to hold the replenished sand in place; and

     WHEREAS, the County of Maui has indicated that it is unwilling to assume the liability risks of owning the groins and has not promulgated rules to implement the community facilities district financing program; and

     WHEREAS, the Board of Land and Natural Resources has urged condominium associations along Kahana Bay to develop a collective solution to protect public resources; and

     WHEREAS, the United States Army Corps of Engineers might be willing to assume control of the Kahana Bay Erosion Mitigation Project if requested to do so by the State, the County of Maui, or an agency of the State or the County of Maui; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Office of Planning and Sustainable Development is urged to consult with the Kahana Bay Steering Committee, County of Maui, Department of Land and Natural Resources, and United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project; and

     BE IT FURTHER RESOLVED that the aforementioned parties are urged to consider:

     (1)  Whether the United States Army Corps of Engineers would undertake an evaluation of the Kahana Bay Erosion Mitigation Project under Section 103 of the River and Harbor Act of 1962;

     (2)  The path forward, timeline, and roles of the Kahana Bay Steering Committee, County of Maui, Office of Planning and Sustainable Development, and Department of Land of Natural Resources if the United States Army Corps of Engineers, following the requested evaluation, assumes control of the Kahana Bay Erosion Mitigation Project; and

     (3)  Financing options for the Kahana Bay Erosion Mitigation Project, both with and without United States Army Corps of Engineers' participation; and

     BE IT FURTHER RESOLVED that the Office of Planning and Sustainable Development is urged to submit to the Legislature, no later than December 31, 2025, a report on the progress in moving the Kahana Bay Erosion Mitigation Project forward; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, Chairperson of the Board of Land and Natural Resources, Director of the Office of Planning and Sustainable Development, Mayor of the County of Maui, Planning Director of the County of Maui, and Chair of the Kahana Bay Steering Committee.

Report Title: 

Department of Land and Natural Resources; Kahana Bay; Erosion

SENATE CONCURRENT

RESOLUTION

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, THE COUNTY OF MAUI, AND THE UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT.

     WHEREAS, at the urging of the County of Maui Department of Planning, the owners of units in the nine condominium projects, through their owners' associations, and one residential kuleana parcel on Kahana Bay, are members of, and have provided funding for, the Kahana Bay Steering Committee to develop and implement the Kahana Bay Erosion Mitigation Project, which is a proposed regional project to restore the eroded beaches on Kahana Bay; and

     WHEREAS, the Kahana Bay Steering Committee retained Oceanit to assist in the engineering, planning, permitting, and implementation of the Kahana Bay Erosion Mitigation Project; and

     WHEREAS, by 2019, Oceanit had engaged in extensive community and agency consultation, prepared an environmental impact statement preparation notice, and held scoping meetings; and

     WHEREAS, Oceanit published the Kahana Bay Erosion Mitigation Project Second Draft Environmental Impact Statement on November 8, 2021; and

     WHEREAS, unfortunately, the Kahana Bay Erosion Mitigation Project has been stalled, and no final environmental impact statement has been prepared; and

     WHEREAS, the Kahana Bay Steering Committee proposed to fund the Kahana Bay Erosion Mitigation Project, at an estimated cost of $26,000,000 to $40,000,000, through community facilities district financing pursuant to Chapter 3.75, Maui County Code, which would require public ownership of the rock groins necessary to hold the replenished sand in place; and

     WHEREAS, the County of Maui has indicated that it is unwilling to assume the liability risks of owning the groins; and

     WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources informed the Kahana Bay Steering Committee that it will not discuss a path forward for the Kahana Bay Erosion Mitigation Project; and

     WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources has not acted on applications to repair the emergency sandbag structures that serve many condominium properties as the only source of protection against severe erosion of the Kahana Bay shoreline; and

     WHEREAS, the Board of Land and Natural Resources has urged condominium associations along Kahana Bay to develop a collective solution to protect public resources; and

     WHEREAS, the United States Army Corps of Engineers might be willing to assume control of the Kahana Bay Erosion Mitigation Project if requested to do so by the State, the County of Maui, or an agency of the State or the County of Maui; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Department of Land and Natural Resources is urged to consult with the Kahana Bay Steering Committee, the County of Maui, and the United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project; and

     BE IT FURTHER RESOLVED that the aforementioned parties are urged to consider:

     (1)  Legal options for the ownership of the rock groins;

     (2)  Whether the United States Army Corps of Engineers would undertake an evaluation of the Kahana Bay Erosion Mitigation Project under Section 103 of the River and Harbor Act of 1962;

     (3)  The path forward, timeline, and roles of the Kahana Bay Steering Committee, the County of Maui, and the Department of Land of Natural Resources if the United States Army Corps of Engineers, following the requested evaluation, assumes control of the Kahana Bay Erosion Mitigation Project; and

     (4)  Financing options for the Kahana Bay Erosion Mitigation Project, both with and without United States Army Corps of Engineers' participation; and

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is urged to submit to the Legislature, no later than December 31, 2025, a report on the Department's progress in moving the Kahana Bay Erosion Mitigation Project forward; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, Chairperson of the Board of Land and Natural Resources, Mayor and Planning Director of the County of Maui, and Chair of the Kahana Bay Steering Committee.

Report Title: 

Department of Land and Natural Resources; Kahana Bay; Erosion

STAND. COM. REP. NO.  2102

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 76

      S.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred S.C.R. No. 76, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION URGING THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, COUNTY OF MAUI, DEPARTMENT OF LAND AND NATURAL RESOURCES, AND UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT,"

begs leave to report as follows:

     The purpose of this measure is to urge the Office of Planning and Sustainable Development to consult with the Kahana Bay Steering Committee, County of Maui, Department of Land and Natural Resources, and Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project.

     Your Committee received testimony in support of this measure from the Association of Apartment Owenrs of Hololani; Association of Apartment Owners of Sands of Kahana; West Maui Taxpayers Association Inc; and numerous individuals.  Your Committee received comments on this measure from one individual.

     Your Committee finds that in an effort to address coastal erosion in Kahana Bay, owners of units in nine condominium projects, through their owners' associations, and one residential parcel on Kahana Bay created and provided funding for the Kahana Bay Steering Committee (Steering Committee) to develop and implement the Kahana Bay Erosion Mitigation Project.  Your Committee further finds that although a preliminary Environmental Impact Statement was prepared by a firm retained by the Steering Committee, progress on the Kahana Bay Erosion Mitigation Project has stalled due to a lack of agreement on who would take ownership of proposed rock groins that would be necessary to hold replenished sand in place.  This measure seeks to address the ongoing issue of coastal erosion in Kahana Bay by encouraging the relevant stakeholders to collaborate and develop an appropriate path forward.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 76, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO. 1379

Honolulu, Hawaii

RE:    S.C.R. No. 76

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.C.R. No. 76 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONSULT WITH THE KAHANA BAY STEERING COMMITTEE, THE COUNTY OF MAUI, AND THE UNITED STATES ARMY CORPS OF ENGINEERS REGARDING A PATH FORWARD FOR THE PROPOSED KAHANA BAY EROSION MITIGATION PROJECT,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge the Department of Land and Natural Resources to consult with the Kahana Bay Steering Committee, County of Maui, and United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project.

     Your Committee received testimony in support of this measure from the Association of Apartment Owners of Hololani, Valley Isle Resort, Royal Kahana Association of Apartment Owners, and numerous individuals.

     Your Committee received testimony in opposition to this measure from Lāhainā Strong, Malama Na Pua o Haumea, Save Honolua Coalition, and numerous individuals.

     Your Committee received comments on this measure from the Department of Land and Natural Resources and one individual.

     Your Committee finds that in 2018, the Kahana bay Steering Committee retained Oceanit to assist in the engineering, planning, permitting, and implementation of the Kahana Bay Erosion Mitigation Project to protect the shoreline.  While Oceanit has engaged in extensive community and agency consultation, the project has since stalled, and no final environmental impact statement has been prepared.  Your Committee further finds that the Kahana Bay Steering Committee proposed to fund the Kahana Bay, which would require public ownership of the rock groins necessary to hold the replenished sand in place.  However, the County of Maui has indicated it is unwilling to assume the liability risks associated with owning the groins and has not promulgated rules to implement the community facilities district financing program.  Your Committee also finds that the Board of Land and Natural Resources has urged condominium associations along Kahana Bay to develop a collective solution to protect public resources.  This measure will facilitate the preservation and protection of the Kahana Bay shoreline.

     Your Committee notes the concern raised by the Association of Apartment Owners of Hololani that a coordinating body is needed to bring together the parties involved in the Kahana Bay Erosion Mitigation Project.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that the Office of Planning and Sustainable Development is urged to consult with the Kahana Bay Steering Committee, County of Maui, Department of Land and Natural Resources, and United States Army Corps of Engineers regarding a path forward for the proposed Kahana Bay Erosion Mitigation Project;

     (2)  Deleting language that would have urged the Department of Land and Natural Resources, in consultation with the Kahana Bay Steering Committee, County of Maui, and United States Army Corps of Engineers, to consider legal options for the ownership of the rock groins;

     (3)  Making conforming amendments to include the Office of Planning and Sustainable Development as one of the parties urged to act by this measure;

     (4)  Clarifying that the Office of Planning and Sustainable Development, rather than the Department of Land and Natural Resources, is urged to submit a report to the Legislature;

     (5)  Updating legislative findings;

     (6)  Amending its title accordingly; and

     (7)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 76, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 76, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water and Land,