Hawaii-2022-SB2361-Introduced

THE SENATE	S.B. NO.	2361
THIRTY-FIRST LEGISLATURE, 2022
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 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 state 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[.]; approval; expedited hearing. (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~~] give notice to the department [~~and prior to any approval~~] of the project to allow the department or a qualified archaeologist employed by the county in which the project is located 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~~] department or archaeologist'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 archaeological review and comment required by this section may be delegated to a qualified archaeologist employed by the county in which the project is located with the approval of the department.

(d) The department shall approve, approve with modification, or disapprove an archaeological review within thirty days of submission of a completed review. If, on the thirty-first day, a review is not approved, approved with modification, or disapproved by the department, the review shall be deemed approved.

(e) A person aggrieved by the findings and recommendation of an archaeological review may bring an action against the department. The circuit court in which the complaint is made shall have jurisdiction over the action brought under this section. Except as to cases the court considers of greater importance, proceedings brought under this section shall take precedence and shall be expedited in every way.

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

(g) As used in this section, "qualified archaeologist" means the principal investigator for the project with the following qualifications:

(1) A graduate degree from an accredited institution in archaeology or anthropology with a specialization in archaeology;

(2) At least one year of cumulative archaeological experience in Hawaii or the Pacific region;

(3) At least four months of supervised archaeological finds and analytical experience in Hawaii; and

(4) A demonstrated knowledge of historic preservation laws, rules, and guidelines."

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.

INTRODUCED BY:	_____________________________