Bill Text: HI SB5 | 2010 | Regular Session | Introduced
Bill Title: Historic Buildings; Photographs
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB5 Detail]
Download: Hawaii-2010-SB5-Introduced.html
Report Title:
Historic Buildings; Photographs
Description:
Requires archival quality photographs for a privately owned building that is listed on the Hawaii or national register of historic places; establishes standards for archival quality photographs.
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THE SENATE |
S.B. NO. |
5 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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 Act 228, Session Laws of Hawaii 2008, requires submittal of archival quality black and white photographs to the department of land and natural resources before a county agency may issue a building permit for any demolition, construction, or other alteration of a building more than fifty years old. This requirement, which took effect on July 1, 2008, is causing a hardship for property owners wanting to demolish or renovate buildings over fifty years old. The law categorizes all buildings by age regardless of their historic significance. This has caused unnecessary delays for even minor renovations of these homes. In addition, archival quality photographs are expensive and the cost of these photos is the responsibility of the property owner.
The purposes of this Act are to:
(1) Limit the archival photograph submission requirement to privately owned buildings that are listed on the Hawaii or national register of historic places; and
(2) Establish standards for archival quality black and white photographs, in conformance with the national register of historic places and national historic landmarks survey photo policy as of March 2005.
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 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 in the event it has already begun,
continued, until the department [shall have] has given its
written concurrence. In the case of any building that [is eligible for
listing or] is listed on the Hawaii or national register of historic
places, no demolition, construction, or other alteration of the building shall
occur until after the responsible agency, officer, or county has transmitted
archival quality black and white photographs of the historic building to the
department. The department shall determine by rule the subject matter,
image angles, and any other image capture requirements necessary to ensure the
historic aspects of building have been adequately recorded.
The department is to 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 request the Hawaii advisory council on historic preservation to report or who may take action as the governor deems best in overruling or sustaining the department."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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 transmit to the department, at the landowner's expense, archival
quality black and white photographs of the building in it current state and
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] has 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) [In the case of any building over fifty
years old, no demolition, construction, or other alteration of the building
shall occur until after the owner has transmitted to the department, at the
owner's expense, archival quality black and white photographs of the building.]
For the purposes of this section, "archival quality black and white
photographs" means black and white photographs that will last seventy-five
years or longer before showing significant signs of fading, deterioration, or
discoloration. The following formats have been demonstrated to meet or exceed
the seventy-five year permanence standard:
(1) Black and white images printed on silver-emulsion fiber-based papers; or
(2) Black and white images printed on silver-emulsion resin-coated papers.
The department may designate by rule any other printing method deemed by the department to be in compliance with this subsection; provided that the seventy-five year permanence standard is met. Prints produced from digital photographs shall be accompanied by corresponding electronic image files with electronic format to be determined by the department."
SECTION 4. Section 46-3.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-3.5 Photographs of historic property. Notwithstanding
any other law to the contrary, each county agency that issues building,
construction, or development-related permits shall not issue any permit
allowing the demolition, construction, or other alteration of a [historic]
building that is listed on the Hawaii or
national register of historic places until after a permit applicant
provides proof of having provided the department of land and natural resources
with archival quality black and white photographs of the historic building, as
required under chapter 6E."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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