THE SENATE

S.B. NO.

1171

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE REVIEW OF HISTORIC PRESERVATION PROJECTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  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 may affect historic property, 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 given its written concurrence.  The department may give its written concurrence based on a phased review of the project.

     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 2.  Section 6E-42, 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 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 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.  The department's review and comment may be based on a phased review of the project."

     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:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Historic Preservation Project Reviews

 

Description:

Authorizes the phased review of projects by the Department of Land and Natural Resources' State Historic Preservation Division to ensure consistency between state and federal law.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.