Bill Text: HI HB1965 | 2010 | Regular Session | Amended

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Bill Title: Historic Properties; Undeveloped Property

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-02-04 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on WLO with none voting no (0) and none excused (0). [HB1965 Detail]

Download: Hawaii-2010-HB1965-Amended.html

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STAND. COM. REP. NO.  99-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 1965

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Economic Revitalization, Business, & Military Affairs, to which was referred H.B. No. 1965 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to protect purchasers of undeveloped land as well as historic sites on that land by requiring that prior to the sale or long-term lease of undeveloped property:

 

(1)  An archaeological inventory survey must be performed and accepted by the State Historic Preservation Officer; and

 

(2)  Notice of any sites that are eligible for the Hawaii Registry of Historic Places and found on the property must be filed with the Bureau of Conveyances.

 

     The Society for Hawaiian Archaeology supported this bill.  The Department of Land and Natural Resources, and Hawai'i Association of REALTORS opposed this measure.  Historic Hawai'i Foundation provided comments.

 

     Currently, there is no mechanism to give potential purchasers of undeveloped land notice of any historic property on the site that may prevent them from using or developing the land.  Thus, property purchased for development could potentially become useless for that purpose.  This negatively affects investors' willingness to participate in developments located in Hawaii, and is an issue of particular concern during this economic downturn.

 

     Although the bill establishes procedures to resolve the problem, there are questions as to whether these procedures would be cost prohibitive for small landowners.  There must be a discussion of alternatives to a professional archaeologist, and of other ways to minimize costs.  Your Committee believes that the best solutions to this problem will be developed if the Kupuna Council, State Historic Preservation Division, and Hawai'i Association of REALTORS work cooperatively.  Your Committee  respectfully requests the Committee on Water, Land, and Ocean Resources to which this measure is next referred, to facilitate the development of a solution to these issues. 

 

     Your Committee finds that given our economy, any increase in funding for the activities of the State Historic Preservation Division is unlikely.  Accordingly, your Committee has amended this bill by:

 

     (1)  Providing that the archaeological inventory survey is to be received, instead of "accepted" by the State Historic Preservation Officer;

 

     (2)  Changing the effective date of the bill to July 1, 2112, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Economic Revitalization, Business, & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1965, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1965, H.D. 1, and be referred to the Committee on Water, Land, & Ocean Resources.

 

Respectfully submitted on behalf of the members of the Committee on Economic Revitalization, Business, & Military Affairs,

 

 

		____________________________ ANGUS L.K. MCKELVEY, Chair