Bill Text: HI SB3135 | 2022 | Regular Session | Amended
Bill Title: Relating To Historic Preservation Reviews.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-15 - The committee(s) on WAL recommend(s) that the measure be deferred. [SB3135 Detail]
Download: Hawaii-2022-SB3135-Amended.html
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THE SENATE |
S.B. NO. |
3135 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
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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-42, Hawaii Revised Statutes, plays an essential role in the protection and management of the State's historic places, burial sites, and aviation artifacts by requiring agencies and offices of the State and its subdivisions to submit all projects that may affect historic properties to the state historic preservation division of the department of land and natural resources for review before approval.
In order to improve protection of Hawaii's historic properties by ensuring more decisions are made at the regional level, and promote more timely reviews, the purpose of this Act is to assign to the respective counties the responsibility for certain historic preservation project reviews under section 6E‑42, Hawaii Revised Statutes.
SECTION 2. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except
as provided in section 6E-42.2, 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] that may affect historic
property, aviation artifacts, or a burial site, the agency or office shall
advise the department or the designated county preservation officer and
[prior to] before any approval allow the department or designated
county preservation officer 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[.] or national register of historic
places, or located in a designated historic district. 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 or designated county preservation officer'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 or designated county preservation officer 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) No later than January 2, 2023, review of
projects pursuant to this section shall be the responsibility of the respective
counties, and pursuant to any administrative rules adopted thereunder; provided
that the department certifies in writing that the county has:
(1) Adopted an
ordinance to govern the county's review process that is consistent with the
requirements of this section and with any administrative rules adopted pursuant
to this section;
(2) Designated a
county preservation officer who meets the professional qualification standards
established by the department;
(3) Hired qualified
professional staff who meet standards established by the department to conduct
the reviews;
(4) Established sufficient
internal organizational controls to ensure that the qualified professional
staff can make independent determinations regarding the effects of projects on
historic properties;
(5) Ensured that
the qualified professional staff can function in a manner that does not create
a conflict of interest or the appearance of a conflict of interest;
(6) Provided for
appropriate public notification in a manner consistent with standards
established by the department;
(7) Ensured that
copies of all reports, maps, and documents, including those reflecting the
county preservation official's comments, recommendations, and decisions, are
provided to the department to be incorporated into the historic preservation
digital document management system and library; and
(8) Entered into a
written agreement with the department in which the department certifies that the
county has met the requirements of this section and is assuming responsibility
for review of projects under section 6E-42; provided further that the delegation
of authority shall automatically be suspended or terminated if the county is
unable to retain sufficient qualified professional staff or if it becomes
apparent that the county does not have sufficient staffing capacity to complete
the delegated reviews in a timely manner.
(d) The department 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 occurring within or affecting a designated historic
district.
(e) The department may establish a program to
certify individuals and organizations to review documents before submission of
the documents to the department or designated county preservation officer for
review to ensure consistency. Certification
of individuals and organizations shall be done in consultation with the office
of Hawaiian affairs. Individuals and
organizations that apply for certification shall demonstrate that they have
established sufficient internal organizational controls to ensure the qualified
professional staff can make independent determinations regarding the effects of
projects on historic properties and can function in a manner that does not
create a conflict of interest or the appearance of a conflict of interest. Each individual or organization certified by the
department shall be known as a third-party reviewer.
A
review by a third-party reviewer shall ensure that the information submitted is
complete and complies with the department documentation requirements, that any
accompanying data and analysis supports recommendations made in the submission,
and that the project reviewed complies with all of the requirements imposed by
the department and this chapter.
Third-party
reviewers shall:
(1) Meet
professional qualifications and standards established by the department; and
(2) Be independent from
the individual or organization that drafted or generated the documents.
[(c)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023, to be allocated to the counties by the department of land and natural resources, in order to provide financial assistance to the respective counties in conformance with article VIII, section 5, of the state constitution and with assigning the responsibility for certain historic preservation project reviews under section 6E-42, Hawaii Revised Statutes; provided that the department of land and natural resources may retain up to ten per cent of the amount appropriated to cover administrative expenses incurred while carrying out the purposes of this Act.
The sum appropriated shall be expended by the state historic preservation division of the department of land and natural resources.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Historic Preservation Review; Counties; Appropriation
Description:
Transfers authority for certain reviews of projects in conjunction with section 6E-42, HRS, from the Department of Land and Natural Resources to the Counties. Defines the role of third-party reviewers for DLNR. Provides financial assistance to the counties to hire qualified staff to conduct the reviews. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
