Bill Text: HI HB202 | 2024 | Regular Session | Amended
Bill Title: Relating To Historic Preservation Reviews.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB202 Detail]
Download: Hawaii-2024-HB202-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
202 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 6E-42, Hawaii Revised Statutes, plays an essential role in the protection and management of the State's historic places, burial sites, and aviation artifacts by requiring state and county agencies and officers to submit all projects that may affect historic properties to the state historic preservation division of the department of land and natural resources for review before approval.
The legislature further finds that permit applicants face significant delays in obtaining county permits that require review under section 6E—42, Hawaii Revised Statutes, because of the department of land and natural resources' inability to process the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation. The legislature finds that it must take immediate action to mitigate the overwhelming volume of submittals and the impacts on permit applicants through legislation.
The purpose of this Act is to promote more timely reviews of projects by authorizing the department of land and natural resources, through the state historic preservation division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the department will not be able to complete its review within sixty days.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended to read as follows:
"§6E-8 Review
of effect of proposed state projects.
(a) Before
any agency or officer of the State or its political subdivisions commences any
project [which] that may affect historic property, aviation artifact,
or a burial site, the agency or officer shall advise the department and allow
the department an opportunity for review of the effect of the proposed project
on historic properties, aviation artifacts, or burial sites, consistent with
section 6E-43, especially those listed on the Hawaii register of historic
places. The proposed project shall not
be commenced, or if it has already begun, continued, until the department has
given its written concurrence. 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 may give its written concurrence 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.
The
department shall provide written concurrence or non-concurrence within ninety
days after the filing of a request with the department. The agency or officer seeking to proceed with
the project, or any person, may appeal the department's concurrence or
non-concurrence to the Hawaii historic places review board. An agency, officer, or other person who is
dissatisfied with the decision of the review board may apply to the governor,
who may take action as the governor deems best in overruling or sustaining the
department.
(b)
The department of Hawaiian home lands, prior to any proposed project
relating to lands under its jurisdiction, shall consult with the department
regarding the effect of the project upon historic property or a burial site.
(c)
The State, its political subdivisions, agencies, and officers shall
report to the department the finding of any historic property during any
project and shall cooperate with the department in the investigation,
recording, preservation, and salvage of the property.
(d) The department may retain a third-party
consultant to conduct the review described under subsection (a) if, after an
initial evaluation, the department determines that:
(1) It will not be
able to provide its written concurrence or non-concurrence within sixty days of
the filing of the request with the department;
(2) The third-party
consultant has the qualifications and experience required pursuant to
subsection (e) to conduct the review; and
(3) The third-party
consultant will contract to provide a recommendation to the department within
thirty days of the filing of the request with the department.
The department shall obtain the approval of the
appropriate island burial council prior to retaining the services of the
third-party consultant.
(e) Whenever the department retains any third
party, including an architect, engineer, archaeologist, planner, or other
person to review an application for a permit, license, or approval under
subsection (d), the third party shall meet the educational and experience
standards as well as the qualifications for preservation professionals pursuant
to rules adopted by the state historic preservation division.
[(d)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect an
historic property on the Hawaii register of historic places, the landowner
shall notify the department of the construction, alteration, disposition, or
improvement of any nature and allow the department opportunity for review of
the effect of the proposed construction, alteration, disposition, or
improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b)
Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any feature in or on an historic property that does
not involve a change in design, material, or outer appearance or change in
those characteristics [which] that qualified the historic
property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department, allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department may retain a third-party
consultant to conduct the review described under subsection (a) if, after an
initial evaluation, the department determines that:
(1) It will not be
able to provide its written concurrence or non-concurrence within sixty days of
the landowner's notification of construction,
alteration, disposition, or improvement;
(3) The
third-party consultant will contract to provide a recommendation to the
department within thirty days of the landowner's notification of construction,
alteration, disposition, or improvement.
The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third-party consultant.
(f) Whenever the department retains any third
party, including an architect, engineer, archaeologist, planner, or other
person, to review an application for a permit, license, or approval under
subsection (e), the third party shall meet the educational and experience
standards as well as the qualifications for preservation professionals pursuant
to rules adopted by the state historic preservation division.
[(e)] (g) The department or the third-party
consultant, as applicable, may enter, solely in performance of [its]
the department's official duties and only at reasonable times, upon
private lands for examination or survey thereof. Whenever any member of the department or
the department's third-party consultant, as applicable, duly authorized to
conduct investigations and surveys of an historic or cultural nature determines
that entry onto private lands for examination or survey of historic or cultural
finding is required, the department or the department's third-party
consultant, as applicable, shall give written notice of the finding to the
owner or occupant of such property at least five days prior to entry. If entry is refused, the member of the
department or the department's third-party consultant, as applicable, may
make a complaint to the district environmental court in the circuit in which
such land is located. The district environmental
court may thereupon issue a warrant, directed to any police officer of the
circuit, commanding the officer to take sufficient aid, and, being accompanied
by a member of the department[,] or the department's third-party
consultant, as applicable, between the hours of sunrise and sunset, allow
the member of the department or the department's third-party consultant, as
applicable, to examine or survey the historic or cultural property."
SECTION 4. 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] that 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 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 may retain a third-party
consultant to conduct the review and comment described under subsection (a) if,
after an initial evaluation, the department determines that:
(2) The third-party
consultant has the qualifications and experience required pursuant to subsection
(d) to conduct the review; and
(3) The third-party
consultant will contract to provide a recommendation to the department within
thirty days of being advised of the project pursuant to subsection (a).
The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third-party consultant.
(d) Whenever the department retains any third party, including any architect, engineer, archaeologist, planner, or other person, to review an application for a permit, license, or approval under subsection (c), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division.
[(c)] (e) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the state historic preservation division of the department of land and natural resources to retain third-party consultants to conduct reviews pursuant to this Act.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on June 30, 3000.
Report Title:
Historic Preservation Reviews; Third Parties; Appropriation
Description:
Authorizes the department of land and natural resources, through the state historic preservation division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the department will not be able to complete its review within sixty days. Appropriates funds. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
