Hawaii-2022-HB2167-Amended

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 agencies and offices of the State and its political subdivisions to submit for review all projects that may affect historic properties to the state historic preservation division of the department of land and natural resources before approval.

The department of land and natural resources notes that in every other state in the union, many of these reviews would be subject to review at the county or municipal level--only Hawaii requires reviews and evaluations at the state level. The department of land and natural resources believes that it is reasonable and appropriate to authorize the counties to assume responsibilities for such reviews.

In order to improve protection of Hawaii's historic properties by ensuring more decisions are made at the regional level, and promote more timely reviews, the purpose of this Act is to assign the responsibility for certain historic preservation project reviews under section 6E-42, Hawaii Revised Statutes, to the respective counties.

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~~] that may affect historic property, aviation artifacts, or a burial site, the agency or office shall advise the department or the designated county preservation officer and [~~prior to~~] before any approval allow the department or designated county preservation officer 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[.] or national register of historic places, or located in a designated historic district. 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 or designated county preservation officer'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 or designated county preservation officer 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) No later than January 2, 2023, responsibility for review of projects pursuant to this section shall be the responsibility of the respective counties and shall be subject to any rules adopted pursuant to this section; provided that the department certifies in writing that the county has:

(1) Adopted an ordinance to govern the county's review process and the process is consistent with the requirements of this section and any rules adopted pursuant to this section;

(2) Designated a county preservation officer who meets the professional qualification standards established by the department;

(3) Hired qualified professional staff who meet standards established by the department to conduct the reviews;

(4) Established sufficient internal organizational controls to ensure that the qualified professional staff can make independent determinations regarding the effects of projects on historic properties;

(5) Ensured that the qualified professional staff can function in a manner that does not create a conflict of interest or the appearance of a conflict of interest;

(6) Provided for appropriate public notification in a manner consistent with standards established by the department;

(7) Ensured that copies of all reports, maps, and documents, including those reflecting the county preservation officer's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library; and

(8) Entered into a written agreement with the department in which the department certifies that the county has met the requirements of this section and is assuming responsibility for review of projects under section 6E-42; provided further that the delegation of authority shall automatically be suspended or terminated if the county is unable to retain sufficient qualified professional staff or if it becomes apparent that the county does not have sufficient staffing capacity to complete the delegated reviews in a timely manner.

(d) The department shall retain authority for review under this section for projects:

(1) Affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places; or

(2) Occurring within or affecting a designated historic district.

(e) The department may establish a program to certify third-party individuals and organizations to review documents before submission of the documents to the department or designated county preservation officer for review. Certification of third-party individuals and organizations shall be done in consultation with the office of Hawaiian affairs. A review by a third party shall ensure that the information submitted is complete and complies with the department's documentation requirements, that any accompanying data and analysis support recommendations made in the submission, and that the project reviewed complies with all of the requirements imposed by the department and this chapter. Third-party reviewers certified by the department shall satisfy the following requirements:

(1) Individuals who conduct the reviews shall meet professional qualifications and standards established by the department;

(2) Individuals and organizations that apply for certification shall demonstrate that they have established sufficient internal organizational controls to ensure that the qualified professional staff can make independent determinations regarding the effects of projects on historic properties and can function in a manner that does not create a conflict of interest or the appearance of a conflict of interest; and

(3) Individuals or organizations certified to conduct third-party document reviews that precede the department's or designated county preservation officer's review shall be independent from the individual or organization that drafted or generated the documents.

[~~(c)~~] (f) The department shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 3. 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 2022-2023, to be allocated to the counties by the department of land and natural resources in order to provide financial assistance in conjunction with article VIII, section 5, of the state constitution and with assigning the responsibility for certain historic preservation project reviews under section 6E-42, Hawaii Revised Statutes, to the respective counties; provided that the department of land and natural resources may retain up to ten per cent of the amount appropriated to cover administrative expenses incurred while carrying out the purposes of this Act.

The sum appropriated shall be expended by the state historic preservation division of the department of land and natural resources.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050; provided that section 3 of this Act shall take effect on July 1, 2022.

HOUSE OF REPRESENTATIVES	H.B. NO.	2167
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII