Bill Text: HI SB2417 | 2014 | Regular Session | Introduced
Bill Title: Historic Preservation; Historic Properties; Phased Review
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-01-21 - Referred to TEC/WTL, JDL. [SB2417 Detail]
Download: Hawaii-2014-SB2417-Introduced.html
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THE SENATE |
S.B. NO. |
2417 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the phased review of historic preservation projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to clarify relevant sections of the Hawaii Revised Statutes to conform to federal regulations.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before any agency or officer of the State or its political subdivisions commences any project which may affect historic property, aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places. The proposed project shall not be commenced, or if it has already begun, continued, until the department has given its written concurrence. If:
(1) The proposed project consists of corridors or large land areas; or
(2) Access to properties is restricted[; or
(3) Circumstances dictate that construction
be done in stages],
the department may give its written concurrence 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.
The department shall provide written concurrence or non-concurrence within ninety days after the filing of a request with the department. The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may take action as the governor deems best in overruling or sustaining the department."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) 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 allow the department 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; or
(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."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Historic Preservation; Historic Properties; Phased Review
Description:
Amends existing law to conform to federal regulations by clarifying that a phased review of a proposed project that may affect historic property is allowed if the proposed project consists of corridors or large land areas or access to properties is restricted. Repeals the allowance of phased review based solely on the existence of circumstances dictating that construction be done in stages.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
