STAND. COM. REP. NO 523

Honolulu, Hawaii

RE:    S.B. No. 877

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred S.B. No. 877 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend the definition of "historic property" for purposes of historic preservation;

     (2)  Require the Department of Land and Natural Resources to develop a list of the types of projects that have no potential to affect a historic property and a list of the types of properties likely to be eligible for inclusion in the Hawaii Register of Historic Places; and

     (3)  Require the Department of Land and Natural Resources to develop a plan for completing a comprehensive inventory of historic buildings in the State and to report to the Legislature accordingly.

     Your Committee received testimony in support of this measure from the Department of Planning and Permitting of the City and County of Honolulu, Historic Hawaii Foundation, and Hawai‘i Association of REALTORS.  Your Committee received testimony in opposition to this measure from the Society for Hawaiian Archaeology, Building Industry Association of Hawaii, Complete Construction Services, and Office of Hawaiian Affairs.  Your Committee received comments on this measure from the Department of Land and Natural Resources and the Chamber of Commerce Hawaii.

     Hawaii law provides that any building, structure, object, district, area, or site over fifty years old is considered historic property.  Your Committee finds that in certain instances, this law has delayed the granting of permits, which has had a negative impact on development.  Application of existing historic preservation law requires review by the State Historic Preservation Division of the Department of Land and Natural Resources prior to the granting of permits for proposed projects on historic properties.

     Concerns have been raised especially due to the increasing number of private residences that are or will soon be fifty years old.  Beginning around 1950, and particularly after 1960, was a period of growth in construction of housing to accommodate the State's rapidly growing population.  Some of these residences are of historic or cultural value, while others are not.

     Your Committee has amended this measure by:

     (1)  Amending the purpose section to state that the current issues concerning historic properties narrowly focus on the review of privately owned single family residences;

     (2)  Changing the definition of "historic property" to add a proviso that privately owned single-family residences fifty years or older shall only be considered historic properties for the purposes of chapter 6E, Hawaii Revised Statutes, if the residence is listed on the Hawaii Register of Historic Places, is nominated for listing on the Hawaii Register of Historic Places, or is located in a historic district;

     (3)  Clarifying that properties not included or eligible for inclusion in the Hawaii Register of Historic Places shall not be subject to historic preservation review and that the counties shall not submit projects affecting such properties to the Department of Land and Natural Resources for review;

     (4)  Deleting the requirement that the Department of Land and Natural Resources develop a list of types of projects that have no potential to affect a historic property and provide the list to the counties;

     (5)  Deleting the requirement that the Department of Land and Natural Resources develop a list of the types of properties likely to be eligible for inclusion in the Hawaii Register of Historic Places and provide the list to the counties;

     (6)  Deleting the requirement that the Department of Land and Natural Resources report to the Legislature the plan for completing a comprehensive inventory of historic buildings;

     (7)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 877, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 877, S.D. 1, and be referred to the Committee on Higher Education and the Arts.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

____________________________

LAURA H. THIELEN, Chair