HOUSE OF REPRESENTATIVES

H.B. NO.

821

THIRTY-FIRST LEGISLATURE, 2021

H.D. 2

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 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 before 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] 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.

(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 of projects pursuant to this section, and pursuant to any administrative rules adopted thereunder, to the respective counties; provided that the department, in consultation with the office of Hawaiian affairs, 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 the 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, in consultation with the office of Hawaiian affairs, with the department memorializing the scope of 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, and shall not delegate any of the responsibilities established by sections 6E-43, 6E-43.5, and 6E‑43.6 as it related to burial, nor shall the authority of the island burial councils be diminished in any way.

(e) All reviews or comments by the department or county under subsections (a) or (c) shall be made in writing and promptly transmitted to the agency or officer of the State that has project approval authority and shall not be later amended, expanded, or revoked unless there is an authorized physical change to the site that would render those reviews or comments invalid.

(f) The department may establish a program to certify third-party individuals and organizations to review documents before submission of the documents to the department for review. Certification of third-party individuals and organizations shall be done in consultation with the office of Hawaiian affairs. A review by a third party shall ensure that the information submitted is complete and complies with the department's documentation requirements, that any accompanying data and analysis supports recommendations made in the submission, and that the project reviewed complies with all of the requirements imposed by the department and this chapter. Third-party reviewers certified by the department shall satisfy 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 the 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)] (g) 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 January 1, 2050.


 


 

Report Title:

State Historic Preservation Division; Project Reviews; Counties

 

Description:

Authorizes the state historic preservation division, in consultation with the office of Hawaiian affairs, 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. Effective 1/1/2050. (HD2)

 

 

 

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