Bill Text: HI HB1056 | 2023 | Regular Session | Amended


Bill Title: Relating To Historic Preservation Reviews.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Todd excused (1). [HB1056 Detail]

Download: Hawaii-2023-HB1056-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1056

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HISTORIC PRESERVATION REVIEWS.

 

 

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

 


     Section 1.  The legislature finds that section 6E-8, Hawaii Revised Statutes, plays an important role in the protection and management of the State's historic properties and burial sites.  Section 6E-8(b), Hawaii Revised Statutes, requires the department of Hawaiian home lands, prior to any proposed project relating to lands under its jurisdiction, to consult with the department of land and natural resources regarding the effect of the project upon historic property or a burial site.  The purpose of this Act is to allow the department of Hawaiian home lands to assume review of the effect of any proposed project on historic properties or burial sites for lands under its jurisdiction.

     Section 2.  Section 6E-8, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  [The] Notwithstanding subsection (a), the department of Hawaiian home lands[, prior to] may assume review of any proposed project relating to lands under its jurisdiction[, shall consult with the department regarding the effect of the project upon historic property or a burial site.] pursuant to this section and any administrative rule adopted pursuant to this section; provided that the department of Hawaiian home lands shall:

     (1)  Designate the review to a Hawaiian home lands preservation officer who has professional competence and experience in the field of historic preservation;

     (2)  Ensure that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands preservation officer's comments, recommendations, and decisions, are provided to the department of land and natural resources to be incorporated into the historic preservation digital document management system and library;

     (3)  Provide the department of land and natural resources with written notice:

          (A)  That it has employed a qualified preservation officer;

          (B)  A description of the procedures it will employ to ensure that all documentation described in paragraph (2) will be provided to the department of land and natural resources; and

          (C)  Of the date on which the department of Hawaiian home lands will assume responsibility for project review under this section; provided that this written notice shall be made at least forty-five days before the date on which the department of Hawaiian home lands will assume those duties; provided further that the department of Hawaiian home lands shall post this information on its website; and

     (4)  Consult with the office of Hawaiian affairs and the appropriate island burial council.

The department of land and natural resources shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district."

     2.  By amending subsection (d) to read:

     "(d)  The department of land and natural resources and department of Hawaiian home lands 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 on June 30, 3000.


 


 

Report Title:

Historic Preservation; Department of Hawaiian Home Lands; Project Reviews of Proposed State Projects

 

Description:

Allows the department of Hawaiian home lands to assume historic preservation review of the effect of any proposed project for lands under its jurisdiction, except for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district and under certain conditions.  Effective 6/30/3000.  (HD1)

 

 

 

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

 

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