Bill Text: HI HB821 | 2022 | Regular Session | Introduced
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB821 Detail]
Download: Hawaii-2022-HB821-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
821 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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 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 subdivisions
to submit for review all projects that may affect historic properties to the state
historic preservation division in the department of land and natural resources prior
to approval.
Due to the lack of capacity in the state historic
preservation division, there is an unacceptable backlog of projects needing review,
which results in costly delays to affordable housing and other important construction
projects.
In order to increase this capacity, the purpose
of this Act is to allow the department of land and natural resources' state historic
preservation division to delegate the responsibility of historic preservation project
reviews 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 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 delegate responsibility for review and comment of proposed
projects pursuant to this section, and any administrative rules adopted
thereunder, to the respective counties; provided that the department has
certified that the county has:
(1) Adopted an
ordinance to govern the county's review process that is consistent with the
requirements of this section and with any administrative rules adopted pursuant
to this section;
(2) Hired qualified professional
staff who meet standards established by the department to conduct the reviews;
(3) Established
sufficient internal organizational controls to ensure that the qualified
professional staff can make independent determinations regarding the effects of
projects on historic properties;
(4) Ensured that
the qualified professional staff can function in a manner that does not create
a conflict of interest or an appearance of a conflict of interest;
(5) Provided for
appropriate public notification in a manner consistent with standards established
by the department; and
(6) Entered into a
written agreement with the department memorializing the delegation to the
county;
provided
further that the delegation of authority shall automatically be suspended or
terminated if the county fails to retain its 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 not delegate reviews or comments to the county for
projects affecting properties listed in the Hawaii register of historic places
or the national register of historic places, or for projects subject to review
under section 6E-43.
(e)
The department may establish a program to certify third-party
individuals and organizations to review documents prior to submission of the documents
to the department for review. A review
by a third party shall ensure that the information submitted is complete and
complies with the department's documentation requirements and that any
accompanying data and analysis supports recommendations made in the
submission. All third-party document reviews
shall be conducted in accordance with the following requirements:
(1) Staff
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 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 an appearance of a conflict of interest; and
(3) Individuals or
organizations certified to conduct third-party document reviews that precede
the department's review shall be independent from the individual or
organization that drafted or generated the documents.
[(c)] (f) The [department] board of land and natural
resources shall adopt [rules in accordance with chapter 91] written
policies at a public meeting to implement this section. Adoption of these written policies shall be
exempt from the requirements of chapter 91."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
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INTRODUCED BY: |
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Report Title:
State Historic Preservation Division; Project Reviews; Counties
Description:
Authorizes the state historic preservation division to delegate the responsibility of historic preservation project reviews to the impacted county and establish a program for third-party individuals and organizations to conduct document reviews on proposed projects.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
