Bill Text: HI HB1778 | 2020 | Regular Session | Introduced
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-21 - Referred to HSG/WLH/FIN, referral sheet 2 [HB1778 Detail]
Download: Hawaii-2020-HB1778-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1778 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many affordable housing projects are delayed because of the State historic preservation division's inability to efficiently and effectively provide necessary reviews to ensure compliance with the State's historic preservation law.
The purpose of this Act is to authorize the counties to employ qualified archaeologists to perform necessary reviews under chapter 6E, Hawaii Revised Statutes.
SECTION 2. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or office shall advise the department and prior to any approval allow the department or a qualified archaeologist employed by the relevant county an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the [department's] review and comment may be
based on a phased review of the project; provided that there shall be a
programmatic agreement between the department and the project applicant that
identifies each phase and the estimated timelines for each phase.
(b)
The department shall inform the public of any project proposals submitted
to it under this section that are not otherwise subject to the requirement of a
public hearing or other public notification.
(c) The department shall adopt rules in accordance with chapter 91 to implement this section.
(d) The department's review under this section may
be delegated to a qualified archaeologist employed by the relevant county:
(1) Upon request by
the county;
(2) Upon request by
the entitlement applicant, with the concurrence of the county agency employing
the archaeologist; or
(3) By agreement
between the department and the county agency employing the archaeologist.
(e) The proposed project shall be deemed
automatically approved by the state historic preservation division if the
necessary archaeological review is not completed within thirty days.
(f) Challenges to any archaeological review shall
be subject to an expedited hearing before the supreme court."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
_____________________________ |
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By Request |
Report Title:
Maui County Package; Historic Preservation; Archaeological Review; County Archaeologist
Description:
Authorizes the counties to employ qualified archaeologists to perform necessary reviews under Chapter 6E, Hawaii Revised Statutes. Provides for automatic approval of a project if the necessary archaeological review was not completed within 30 days.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
