HOUSE OF REPRESENTATIVES	H.B. NO.	2512
THIRTIETH LEGISLATURE, 2020
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 many affordable housing projects are delayed because of the state historic preservation division's inability to efficiently and effectively provide necessary reviews to ensure compliance with the state historic preservation law.

The purpose of this Act is to:

(1) Authorize the department of land and natural resources to delegate to qualified archaeologists employed by the counties the authority to perform reviews of proposed projects under the historic preservation program, under certain conditions;

(2) Deem proposed projects to be approved if the archaeological review is not completed within a certain time frame; and

(3) Grant challenges to archaeological reviews expedited hearings before the supreme court.

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 may affect historic property, aviation artifacts, or a burial site, the agency or office shall advise the department and prior to any approval shall allow the department or a qualified archaeologist employed by the relevant county 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's review under this section may be delegated to a qualified archaeologist employed by the relevant county:

(1) Upon request by the county;

(2) Upon request by the entitlement applicant, with the concurrence of the county agency employing the archaeologist; or

(3) By agreement between the county agency employing the archaeologist and the department.

(d) The proposed project shall be deemed automatically approved by the state historic preservation division if the archaeological review under this section is not completed within thirty calendar days.

(e) Challenges to any archaeological review shall be subject to an expedited hearing before the supreme court.

[(c)] (f) The department shall adopt rules in accordance with chapter 91 to implement this section."

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:

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Report Title:

Historic Preservation; Review of Proposed Projects; DLNR; Counties; Qualified Archaeologists

Description:

Authorizes DLNR to delegate to qualified archaeologists employed by the counties the authority to perform reviews of proposed projects under the historic preservation program, under certain conditions. Provides that proposed projects under the program are deemed automatically approved if the archaeological review is not completed within 30 calendar days. Provides that challenges to an archaeological review are subject to an expedited hearing before the supreme court.

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