State planning office, Waikiki stakeholders back shared principles for shoreline work, debate wording on historic agreements

The House Committee on Water and Land heard testimony April 23 on SCR 159 SD2 HD1, a resolution urging public and private stakeholders to adopt shared guiding principles for planning, financing and undertaking Waikiki shoreline restoration, improvement and maintenance.

Mary Alice Evans, director at the Office of Planning and Sustainable Development (OPSD), told the committee OPSD helped draft the resolution and recommended clarifying amendments that would remove citations to specific 1928, 1929 and 1965 agreements and a named Supreme Court case, replacing them with broader language covering "legacy contractual agreements and more recent judicial interventions." "We participated in drafting, and we're pleased that it has come before you," Evans said, adding the change is meant to make the resolution collaborative and inclusive of current law and practice.

Representatives of Waikiki's private‑sector and improvement‑district interests said they support coordinated stewardship but urged that historic contractual agreements remain part of the conversation. "If we're going to have a discussion on developing shared principles, it should be based in accordance with the law," said Ivan Lui‑Kwan of the Waikiki Beach Special Improvement District Association, who added many members want 1928–1965 agreements referenced in discussions about rights and responsibilities.

Francine Murray, speaking on behalf of Craig Nakamura, executive director of the Hawaii Community Development Authority, said HCDA supports the resolution "because it helps to protect our beaches and coastlines." Rick Egged, president of the Waikiki Beach Special Improvement District Association, said the association represents commercial property owners and can organize stakeholders: "We're an improvement district … we represent them," he said.

OPSD outlined how it would lead planning at the request of the Department of Business, Economic Development and Tourism (DBEDT), work with the Department of Land and Natural Resources (DLNR) on permitting, and coordinate with the Hawaii Community Development Authority on design and construction. Evans said planning has begun and the office has requested an initial $7 million in Green Fee funding for planning. She also noted an environmental impact statement had been accepted for five Waikiki shoreline projects and that construction could begin first in the Kaheka sector to restore dry sand lateral access where waves currently reach hotel foundations.

On the legal questions, witnesses described a nuance: while some provisions of historic agreements remain operative and include successor/assigns language, later judicial decisions and Attorney General opinions shape current rights and responsibilities. OPSD said the resolution's broader phrasing — "including but not limited to" legacy contracts and judicial interventions — is intended to ensure discussions are comprehensive without privileging specific dated references that might conflict with later legal developments.

Members of the committee indicated they would incorporate OPSD's amendments; the committee later voted to pass SCR 159 SD2 HD1 with the recommended language. The resolution directs stakeholders to pursue shared guiding principles and does not itself change law or compel specific projects.

Clarifying details from testimony included the OPSD planning lead, coordination with DLNR and HCDA, the accepted EIS for five Waikiki projects, and an initial $7 million Green Fee planning request. The hearing record shows support from multiple stakeholder groups and an explicit committee instruction to add OPSD's language to the resolution.