Bill Text: HI SB76 | 2024 | Regular Session | Introduced
Bill Title: Relating To Historic Preservation Reviews.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB76 Detail]
Download: Hawaii-2024-SB76-Introduced.html
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THE SENATE |
S.B. NO. |
76 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State plays an essential role in the protection and management of the State's historic places, burial sites, and aviation artifacts by requiring state agencies, officers, and subdivisions to submit all projects that may affect historic properties to the department of land and natural resources for review before approval.
The purpose of this Act is to assign the responsibility for certain historic preservation project reviews to the counties to allow for more regional decisions, promote more timely reviews, and improve protection of Hawaii's historic properties.
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 designated county preservation officer and [prior
to any approval] allow the department or officer [an opportunity
for] to 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 or designated county preservation officer 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] the department or officer
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, 2024, review of
projects pursuant to this section shall be the responsibility of the respective
counties and pursuant to any administrative rules adopted thereunder; provided
that the department certifies in writing 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 any administrative 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 nor 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 designated county
preservation official'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 shall assume responsibility for review of
projects under this section; 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 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 affecting properties listed or nominated
for inclusion in the Hawaii register of historic places or national register of
historic places or occurring within or affecting a designated historic district.
(e) The department may establish a program to
certify individuals and organizations to review documents prior to submission to
the department or designated county preservation officer for review to ensure
consistency of practice. Certification
of individuals and organizations shall be done in consultation with the office
of Hawaiian affairs. 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 nor the appearance of a conflict of
interest. Each individual or
organization certified by the department shall be known as a third-party
reviewer.
A review by a third-party reviewer shall
ensure that the information submitted is complete and complies with the
department's documentation requirements, any accompanying data and analysis
supports recommendations made in the submission, and the project reviewed
complies with all requirements imposed by the department and this chapter.
Third-party reviewers shall:
(1) Meet professional qualifications and
standards established by the department; and
(2) 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to allocate, pursuant to article VIII, section 5, of the Hawaii State Constitution, to the counties for the review of certain historic preservation projects; 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 sums appropriated shall be expended by the state historic preservation division of the department of land and natural resources for the purposes of this Act.
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, 2023.
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INTRODUCED BY: |
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Report Title:
Historic Preservation Reviews; Counties; State Historic Preservation Division; Department of Land and Natural Resources; Appropriation
Description:
Transfers authority for certain project reviews from the Department of Land and Natural Resources to the Counties. Authorizes the Department of Land and Natural Resources to certify third-party reviewers and defines the role of third-party reviewers. Appropriates moneys to the Department of Land and Natural Resources to allocate to the Counties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
