Bill Text: HI SB1263 | 2025 | Regular Session | Amended
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB1263 Detail]
Download: Hawaii-2025-SB1263-Amended.html
|
THE SENATE |
S.B. NO. |
1263 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 it is critically important to preserve
Hawaii's cultural resources, including historic properties and burial sites, as
integral elements of the State's heritage.
The legislature also recognizes the pressing need to expedite housing
development, particularly in transit-oriented development areas, to address the
housing shortage and create more housing opportunities in close proximity to
transportation.
Accordingly, the purpose of this Act is to:
(1) Create a process for expediting the review of residential transit-oriented development on certain parcels within county-designated transit oriented development zones that have a low risk of affecting historically significant resources;
(2) Further empower lead agencies, including county governments, to make determinations on the potential effects of a project, under certain conditions;
(3) Create a ninety-day calendar limit for the department of land and natural resources to concur or not concur with project effect determinations, under certain conditions; and
(4) Ensure that projects with written concurrence are exempt from further review unless there is a change to the project.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before
any agency or officer of the State or its political subdivisions commences any
project [which] that may affect historic property, an
aviation artifact, or a burial site, the lead agency [or officer]
shall [advise the department] render a determination on the potential
effect of the project 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
lead agency shall be the entity with designated responsibility for compliance
with this section. The decision as to which
agency serves as the lead agency shall be made by the agencies involved,
typically the agency with the greater degree of involvement with the project. The proposed project shall not be commenced,
or if it has already begun, continued, until the department has [given its
written concurrence.] been afforded the opportunity to review the
project in compliance with this subsection.
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]
an executed programmatic agreement in place between the
department and the project applicant that identifies the entirety of the
project scope, project area, and each construction phase and the
estimated timelines for each phase[.], and any agreed upon mitigation
measures. The lead agency shall submit
documentation of the project to the state historic preservation division's
Hawaii cultural resource information system, its successor, or an equivalent
means of submission to initiate the ninety-calendar-day review period.
The
department shall provide written concurrence or non‑concurrence within
ninety calendar days after the filing of a request with the
department. The department's ninety‑calendar‑day
review period shall encompass any requests for additional information; provided
that the review period shall not reset upon the request for additional
information; provided further that if the department requests additional
information from a project, the department shall have one hundred eighty
calendar days to provide written concurrence of non-concurrence.
If
the department fails to provide written concurrence or non-concurrence with a
project effect determination within ninety calendar days, or within thirty
calendar days if no historic properties are to be affected, of receiving a
complete and true project submittal, the lead agency may assume the
department's concurrence and the project may move to the next step in the
compliance process; provided that the lead agency notifies the
department of the action in writing and provides documentation of the historic
preservation review that complies with section 6E-1, including the evaluation
of effects to historic properties and any mitigation or other measures to
resolve the effects.
The
agency or officer seeking to proceed with the project, or any person, may
appeal the department's concurrence or non‑concurrence, or failure to
provide written concurrence or non-concurrence within the ninety-calendar-day
review period, 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.
Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the appropriate agency or officer of the State or any of its political subdivisions may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that, for the purposes of this subsection, "physical scope of work" means the size, location, and depth or ground disturbances. The notification process shall conform to section 106 of the National Historic Preservation Act and the department's mitigation process."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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 calendar days have elapsed. Within ninety calendar 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.
The lead agency shall submit documentation of the
project to the state historic preservation division's Hawaii cultural resource
information system, its successor, or an equivalent means of submission to
initiate the ninety-calendar-day review period.
The
department's ninety-calendar-day review period shall encompass any requests for
additional information; provided that the review period shall not reset upon
the request for additional information; provided further that if the department
requests additional information from a project, the department shall have one
hundred eighty calendar days to provide written concurrence of non-concurrence.
Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that, for the purposes of this subsection, "physical scope of work" means the size, location, and depth of ground disturbances.
If the department does not
provide written concurrence or non-concurrence within ninety calendar days, or
within thirty calendar days if no historic properties are to be affected, then
the department shall be presumed to concur with the agency or officer's
submittal. The agency or officer may
then proceed with the project; provided that the agency or officer notifies the
department of the action in writing and provides documentation of the historic
preservation review that complies with section 6E-1, including the evaluation
of effects to historic properties and any mitigation or other measures to
resolve the effects."
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 may affect historic property,
aviation artifacts, or a burial site, the agency or office shall advise the
department and [prior to] before 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.
The lead agency shall submit documentation of the project to the state historic preservation division's Hawaii cultural resource information system, its successor, or an equivalent means of submission.
The department's ninety-calendar-day review period shall encompass any requests for additional information; provided that the review period shall not reset upon the request for additional information; provided further that if the department requests additional information from a project, the department shall have one hundred eighty calendar days to provide written concurrence of non-concurrence.
Once the department has provided
written concurrence on the project effect determination and any necessary
mitigation measures have been identified and agreed upon for a proposed
project, the appropriate agency or officer of the State or any of its political
subdivisions may commence the project, and the project shall be exempt from
further review by the department unless there is a change to the project's physical
scope of work or project area or unless additional historic properties,
aviation artifacts, or burial sites are identified within the project area;
provided that, for the purposes of this subsection, "physical scope of
work" means the size, location, and depth of ground disturbances.
If the department does not
provide written concurrence or non-concurrence within ninety calendar days, or
within thirty calendar days if no historic properties are to be affected, then
the department shall be presumed to concur with the agency or officer's
submittal. The agency or officer may
then proceed with the project; provided that the agency or officer notifies the
department of the action in writing and provides documentation of the historic
preservation review that complies with section 6E-1, including the evaluation
of effects to historic properties and any mitigation or other measures to
resolve the effects.
(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)
Counties deriving and expending revenues on mass transit stations
pursuant to section 46-16.8 may request programmatic review by the department
for residential transit‑oriented development where a permit, license,
certificate, land use change, subdivision, or other entitlement may be
required.
(d)
No later than January 1, 2026, the counties shall work with the
department to identify and provide to the department specific parcels in
proximity to mass transit stations where residential transit-oriented development
is specifically consistent with a comprehensive general plan adopted pursuant
to section 46-4; provided that:
(1) The counties
shall first consult with the department and agree through memorandum on the
mass transit stations, and specific transit-oriented development parcels,
scoping the potential area for initiating programmatic review; and
(2) The counties
shall then solicit requests and consent from non-county landowners to have
their parcels within the scoped area of the memorandum initiating programmatic
review to proceed with the programmatic review process.
(e)
The department shall review all parcels submitted by the counties
pursuant to the scoping memorandum and classify each parcel, within six months
of submittal, according to the risk that residential transit-oriented
development may pose to historic properties into three categories in order of
potential effect level from high to low in the categories of architecture,
archaeology, and history and culture; provided that:
(1) All county and
non-county parcels for programmatic review shall include the county's
assessment of whether development on each parcel may affect historic property,
aviation artifacts, or a burial site; and
(2) This assessment
is based on:
(A) The
Hawaii or national register of historic places;
(B) The
age of above-surface structures;
(C) Any
existing archaeological inventory surveys previously accepted by the
department;
(D) Any
burial treatment plans accepted by the department;
(E) The
type of substrate known to typically contain burials; and
(F) Any
other literary review relevant to the area.
(f)
The department shall work with the county that made the submittal to
develop and agree on permitting memoranda within three months of classification
regarding development best practices, including continued identification,
addressing levels of risk for the lower two effect levels in each of the
categories, including but not limited to creating photo inventories, conducting
an archaeological field survey, archaeological excavation, or onsite
archaeological monitoring, and consider these best practices as standardized
for activities conducted under this section.
A county shall incorporate by reference
these best practices as conditions of approval for any project involving a
permit, license, certificate, land use change, subdivision, or other
entitlement for use.
(g)
Parcels identified by the department where all categories are rated in
the lower two effect levels shall be considered to comply with subsection (a)
or section 6E-8 regarding state or county lands or projects, and any subsequent
permit, license, certificate, land use change, subdivision, or other
entitlement for use shall not require referral to the department; provided
that:
(1) The project is
only residential transit-oriented;
(2) The project has
reached substantial construction by June 30, 2036; and
(3) Development
activities have commenced consistent with best practices to address the
applicable level of risk.
(h)
Any parcels characterized as highest risk shall require referral to the
department pursuant to subsection (a).
(i)
Section 6E-43.6 shall apply in the event of an inadvertent discovery of
a burial site.
(j)
The Hawaii housing finance and development corporation may submit to the
department any additional parcels and state or county housing developments for
programmatic review if the counties do not provide a submittal pursuant to
subsection (d); provided that the same analysis shall be conducted pursuant to
subsection (e), and the department shall classify the submittal within six
months of receipt.
(k)
The Hawaii community development authority may submit parcels and
community development districts within its jurisdiction to the department for
programmatic review, and any parcels identified by the department for which all
categories are rated in the lower two effect levels shall be considered to
comply with subsection (a) or section 6E-8 regarding state or county lands or
projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is
only residential transit-oriented;
(2) The project has
reached substantial construction by June 30, 2036;
(3) Development
activities have commenced consistent with best practices to address the
applicable level of risk; and
(4) The department
shall classify the submittal within six months of receipt.
[(c)] (l) The department shall adopt rules in
accordance with chapter 91 to implement this section.
(m) For the purposes of this section,
"residential" shall include mixed-use projects where residential use
is the majority use."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2025.
Report Title:
DLNR; Historic Preservation; County-Designated Transit-Oriented Development; Historic Property; State or County Housing Projects; Community Development Districts
Description:
Creates a process for expediting the review of residential transit-oriented development on certain parcels within county‑designated transit-oriented development zones that have a low risk of affecting historically significant resources. Authorizes lead agencies, including county governments, to make determinations on the potential effects of a project. Creates a ninety-calendar-day limit for the Department of Land and Natural Resources to concur or not concur with project effect determinations, under certain conditions. Establishes certain requirements for the notification and submission of projects under historic preservation law. Provides that projects with written concurrence are exempt from further review unless there is a change to the project or additional historic properties, aviation artifacts, or burial sites are identified within the project area, under certain conditions. Requires community development districts and state or county housing projects to undergo a programmatic review. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
