Bill Text: HI SB2980 | 2014 | Regular Session | Introduced
Bill Title: Historic Preservation; Project Phased Review; Repeal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-23 - Referred to TEC/WTL, JDL. [SB2980 Detail]
Download: Hawaii-2014-SB2980-Introduced.html
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THE SENATE |
S.B. NO. |
2980 |
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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 historic preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to repeal provisions of Act 85, Session Laws of Hawaii 2013, which allowed certain projects that may affect historic properties, aviation artifacts, or burial sites to be reviewed in phases.
SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by repealing the definition of "programmatic agreement".
"["Programmatic agreement"
means a document that sets forth the terms of a formal, legally binding
agreement and establishes a process for consultation, review, and compliance
with federal laws.]"
SECTION 3. Section 6E-8, Hawaii Revised Statutes, is amended to read as follows:
"§6E-8 Review of effect of
proposed state projects. (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;
(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.
(b) The department of Hawaiian home lands, prior to 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.
(c) The State, its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property.
[(d) The department shall adopt rules in
accordance with chapter 91 to implement this section.]"
SECTION 4. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects.
(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;
(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 shall adopt rules in
accordance with chapter 91 to implement this section.]"
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Historic Preservation; Project Phased Review; Repeal
Description:
Repeals provisions of Act 85, Session Laws of Hawaii 2013, which allowed a project that may affect historic property, aviation artifact, or burial site to be reviewed in phases.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
