STAND. COM. REP. NO. 1486

Honolulu, Hawaii

, 2025

RE: S.B. No. 1263

S.D. 2

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred S.B. No. 1263, S.D. 2, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Create a process for expediting the review of majority-residential mixed-use transit-oriented development or residential transit-oriented development on certain parcels within county-designated transit-oriented development zones that have a low risk of affecting historically significant resources;

(2) Authorize lead agencies, including county governments, to make determinations on the potential effects of a project;

(3) Create a ninety-day limit, or thirty-calendar-day limit if no historic properties are affected, for the Department of Land and Natural Resources to concur or not concur with project effect determinations;

(4) Exempt projects with written concurrence from further review unless there is a change to the project or additional historic properties, aviation artifacts, or burial sites are identified within the project area; and

(5) Establish notice and reporting requirements if there is a change to the project or additional historic properties, aviation artifacts, or burial sites are identified within the project area after the initial written concurrence.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaii Housing Finance and Development Corporation; Hawai‘i Community Development Authority; Oahu Metropolitan Planning Organization; Hawai‘i Association of REALTORS; Hawaii YIMBY; Hawai‘i Community Development Authority; Holomua Collaborative; Grassroot Institute of Hawaii; and one individual. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that Hawaii must balance the urgent need for housing development with the protection of historic and cultural resources. Transit-oriented development offers a practical solution to increasing housing supply near transportation hubs, but lengthy historic preservation reviews can cause unnecessary delays, even in areas with little to no risk of impacting significant cultural sites. This measure establishes a streamlined review process for residential transit-oriented development in previously assessed areas, ensuring timely project approvals while upholding protections for historic properties and burial sites.

Your Committee has amended this measure by:

(1) Clarifying the definition of "majority-residential mixed-use transit-oriented development";

(2) Requiring an applicant to ensure that its application submittal is complete and accurate and establishing procedures such as restarting the review period, if certain requirements are not met or more information or clarification is needed;

(3) Defining "complete submittal";

(4) Clarifying the requirements for a parcel and right-of-way submitted by the counties or Hawaii Community Development Authority that were rated in the lower two effect levels to be considered in compliance with certain review requirements; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1263, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as S.B. No. 1263, S.D. 2, H.D. 2.

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

____________________________

MARK J. HASHEM, Chair