HB 1008: RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

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

     SECTION 1.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§6E-     Determination as to effect of proposed state affordable housing projects; historic review requirements.  (a)  Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any affordable housing project that may affect a historic property, an aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department to make a determination for the proposed project as to the effect of the project on the historic property, aviation artifact, or burial site; provided that soil type, geographical location, and previous identification efforts are taken into consideration.  The project shall not be commenced, or if it has already begun, continued, until the department has made its determination.

     (b)  If the department determines that the proposed project is located in a:

     (1)  Highly sensitive area known to include a high density of historic, cultural, or archaeological resources, or in an area that is likely to contain a high density of historic, cultural, or archaeological resources, the department shall require an archaeological inventory survey in accordance with rules adopted by the department unless an archaeological inventory survey has already been previously reviewed and accepted by the department for the same or a substantially similar project located in the same project area, in which case the department may allow the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department;

     (2)  Moderately sensitive area in which no significant historic properties have been previously identified, the department may allow the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department; and

     (3)  Nominally sensitive area known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground disturbing work and no significant historic properties have been previously identified, the department may allow the project to proceed without further review under this section.

     (c)  The department shall provide its written determination under subsection (a) within ninety days after the filing of a complete and accurate project request with the department.  The department's determinations may be appealed to the Hawaii historic places review board.

     (d)  The agency or officer of the State or its political subdivisions shall obtain state inventory of historic places numbers for all historic properties identified within the affordable housing project area during the archaeological inventory survey, if an archaeological inventory survey is conducted, before the start of construction, and for all historic properties identified within the affordable housing project area during archaeological monitoring before completion of construction.

     (e)  Before any agency or officer of the State or its political subdivisions commences any affordable housing project that may adversely affect a significant historic property, the agency or officer shall make a reasonable and good faith effort to avoid or minimize any effect to significant historic properties.  If an adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect.  Mitigation may take different forms, including but not limited to preservation, archaeological data recovery, burial treatment, ethnographic documentation, historic data recovery, and architectural recordation.  The terms under which mitigation will be implemented shall be approved by the department before the agency or officer commences the affordable housing project.

     (f)  If human remains are identified during archaeological monitoring or affordable housing project construction, all work within a twenty-foot radius of the finding and within a twenty-foot radius of the back-dirt pile containing the soil removed during excavation in proximity of the remains shall be stopped and both areas shall be securely covered and protected from the natural elements and adjacent activities; provided that work in other areas of the project may continue and may only proceed in accordance with section 6E‑43.6.

     (g)  If historic property is identified during archaeological monitoring or affordable housing project construction, all work within a twenty-foot radius of the finding shall be stopped and the agency or officer shall contact the state historic preservation division.

     (h)  The department of Hawaiian home lands, before any proposed project relating to lands under its jurisdiction commences, shall consult with the department regarding the effect of the project upon historic property or a burial site.

     (i)  The department shall adopt rules in accordance with chapter 91 to implement this section.

     (j)  For the purposes of this section, an "affordable housing project" or "project" means a housing project in which greater than fifty per cent of the units are affordable to households with incomes at or below one hundred forty per cent of the area median income amounts published by the United States Department of Housing and Urban Development applicable to the location of the project."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; Review of Proposed State Affordable Housing Projects; Request for Determination; Historic Review Requirements

Description:

Requires the Department of Land and Natural Resources to determine the effect of any proposed State affordable housing project within ninety days of a request for determination.  Bases the historic review requirements on the project area's known or likely density of historic, cultural, and archaeological resources or previous identification of no significant historic properties.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

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

     SECTION 1.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§6E-     Determination as to effect of proposed state affordable housing projects; historic review requirements.  (a)  Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any affordable housing project that may affect a historic property, an aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department to make a determination for the proposed project as to the effect of the project on the historic property, aviation artifact, or burial site; provided that soil type, geographical location, and previous identification efforts are taken into consideration.  The project shall not be commenced, or if it has already begun, continued, until the department has made its determination.

     (b)  If the department determines that the proposed project is located in a:

     (1)  Highly sensitive area known to include a high density of historic, cultural, or archaeological resources, or in an area that is likely to contain a high density of historic, cultural, or archaeological resources, the department shall require an archaeological inventory survey in accordance with rules adopted by the department unless an archaeological inventory survey has already been previously reviewed and accepted by the department for the same or a substantially similar project located in the same project area, in which case the department may allow the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department;

     (2)  Moderately sensitive area where an archaeological inventory survey has already been previously reviewed and accepted by the department in which no significant historic properties have been previously identified, the department may allow the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department; and

     (3)  Nominally sensitive area known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground disturbing work and no significant historic properties have been previously identified, the department may allow the project to proceed without further review under this section.

     (c)  The department shall provide its written determination under subsection (a) within ninety days after the filing of a complete and accurate project request with the department.  The department's determinations may be appealed to the Hawaii historic places review board.

     (d)  The agency or officer of the State or its political subdivisions shall obtain state inventory of historic places numbers for all historic properties identified within the affordable housing project area during the archaeological inventory survey, if an archaeological inventory survey is conduct, before the start of construction, and for all historic properties identified within the affordable housing project area during archaeological monitoring before completion of construction.

     (e)  Before any agency or officer of the State or its political subdivisions commences any affordable housing project that may adversely affect a significant historic property, the agency or officer shall make a reasonable and good faith effort to avoid or minimize any effect to significant historic properties.  If an adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect.  Mitigation may take different forms, including but not limited to preservation, archaeological data recovery, burial treatment, ethnographic documentation, historic data recovery, and architectural recordation.  The terms under which mitigation will be implemented shall be approved by the department before the agency or officer commences the affordable housing project.

     (f)  If human remains are identified during archaeological monitoring or affordable housing project construction, all work within a twenty foot radius of the finding and within a twenty-foot radius of the back-dirt pile containing the soil removed during excavation in proximity of the remains shall be stopped and both areas shall be securely covered and protected from the natural elements and adjacent activities; provided that work in other areas of the project may continue and may only proceed in accordance with section 6E‑43.6.

     (g)  If historic property is identified during archaeological monitoring or affordable housing project construction, all work within a twenty-foot radius of the finding shall be stopped and the agency or officer shall contact the Hawaii state historic preservation division.

     (h)  The department of Hawaiian home lands, before any proposed project relating to lands under its jurisdiction commences, shall consult with the department regarding the effect of the project upon historic property or a burial site.

     (i)  The department shall adopt rules in accordance with chapter 91 to implement this section.

     (j)  For the purposes of this section, an "affordable housing project" or "project" means a housing project in which greater than fifty per cent of the units are affordable to households with incomes at or below one hundred forty per cent of the area median income amounts published by the United States Department of Housing and Urban Development applicable to the location of the project."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; Review of Proposed State Affordable Housing Projects; Request for Determination; Historic Review Requirements

Description:

Requires the Department of Land and Natural Resources to determine the effect of any proposed State affordable housing project within ninety days of a request for determination.  Sets forth the historic review requirements based on the project area's known historic, cultural, and archaeological resources.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

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

     SECTION 1.  Chapter 6E, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§6E-     Determination as to effect of proposed state affordable housing projects; historic review requirements.  (a)  Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any affordable housing project that may affect an historic property, an aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department to make a determination for the proposed project as to the effect of the project on the historic property, aviation artifact, or burial site, provided that soil type, geographical location, and previous identification efforts are considered.  The project shall not be commenced, or if it has already begun, continued, until the department has made its determination.

     (1)  If the department determines that the proposed project is located in a highly sensitive area known to include a high density of historic, cultural, or archaeological resources, or in an area that is likely to contain a high density of historic, cultural, or archaeological resources, the department shall require an archaeological inventory survey in accordance with rules adopted by the department unless an archaeological inventory survey has already been previously reviewed and accepted by the department for the same or a substantially similar project located in the same project area.

     (2)  If the department determines that the proposed project is located in a moderately sensitive area in which no significant historic properties have been previously identified, the department may allow the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department.

     (3)  If the department determines that the proposed project is located in a nominally sensitive area known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground disturbing work and no significant historic properties have been previously identified, the department may allow the project to proceed without further review under this section.

     The department shall provide its written determination within ninety days after the filing of a request with the department.  The department's determinations may be appealed to the Hawaii historic places review board.

     (b)  For the purposes of this section, an "affordable housing project" or "project" is defined as a housing project in which greater than fifty per cent of the units are affordable to households with incomes at or below one hundred forty per cent of the area median income amounts published by the United States Department of Housing and Urban Development applicable to the location of the project.

     (c)  The agency or officer of the State or its political subdivisions shall obtain state inventory of historic places numbers for all historic properties located within the affordable housing project area prior to the start of construction.

     (d)  Before any agency or officer of the State or its political subdivisions commences any affordable housing project that may adversely affect a significant historic property, the agency or officer shall make a reasonable and good faith effort to avoid or minimize any effect to significant historic properties.  If an adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect.  Mitigation may take different forms, including but not limited to preservation, archaeological data recovery, reburial, ethnographic documentation, historic data recovery, and architectural recordation.  The terms under which mitigation will be implemented shall be approved by the department prior to the agency or officer commencing the affordable housing project.

     (e)  If human remains are identified during archaeological monitoring or affordable housing project construction, all work within the vicinity of the finding of the remains shall be stopped, although work in other areas of the project may continue, and may only proceed in accordance with section 6E‑43.6.

     (f)  If historic property is identified during archaeological monitoring or affordable housing project construction, all work within the vicinity of the finding shall be stopped and the agency or officer shall contact the Hawaii state historic preservation division.

     (g)  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.

     (h)  The department shall adopt rules in accordance with chapter 91 to implement this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DLNR; Review of Proposed State Affordable Housing Projects

Description:

Requires the Department of Land and Natural Resources to determine the effect of any proposed State affordable housing project within ninety days of a request for determination.  Sets forth the historic review requirements based on the project area's known historic, cultural, and archaeological resources.

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

STAND. COM. REP. NO.  1066

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1008

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1008, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Department of Land and Natural Resources to determine the effect of any proposed state affordable housing project on historic property, aviation artifacts, or burial sites within ninety days of a request for determination; and

     (2)  Base the historic review requirements on the project area's known or likely density of historic, cultural, and archaeological resources or previous identification of no significant historic properties through an archaeological inventory survey.

     Your Committee received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Department of Land and Natural Resources; Hawaii Housing Finance and Development Corporation; Hawaiʻi Association of REALTORS; and Maui Chamber of Commerce.  Your Committee received comments on this measure from the Office of Hawaiian Affairs.

     Your Committee finds that historic reviews are required for any building, structure, object, district, area, or site that is 50 years or older, regardless of historical significance.  Consequently, it is common for historic reviews to require over a year to complete.  The lengthy and backlogged historic preservation reviews prevent the timely development of affordable housing, increase costs, and add uncertainty to projects.  This measure streamlines the historic preservation review process to help support the State's efforts to provide affordable housing.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1008, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  592

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1008

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1008, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Department of Land and Natural Resources to determine the effect of any proposed state affordable housing project on historic property, aviation artifacts, or burial sites within ninety days of a request for determination; and

     (2)  Base the historic review requirements on the project area's known or likely density of historic, cultural, and archaeological resources or previous identification of no significant historic properties through an archaeological inventory survey.  

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Department of Business, Economic Development, and Tourism; Hawaii Housing Finance and Development Corporation; Maui Chamber of Commerce; NAIOP Hawaii; and Hawaiʻi Association of REALTORS.  Your Committee received comments on this measure from the Office of Hawaiian Affairs.  

     Your Committee finds that delays and backlogs in historic preservation reviews hinder the timely development of affordable housing and contribute to rising costs.  This measure accelerates the construction of affordable housing units and reduces expenses by establishing a separate historic review process specifically for certain proposed state affordable housing projects.

     Your Committee has amended this measure by:

     (1)  Removing the requirement for an archaeological inventory survey to have been previously reviewed and accepted by the Department of Land and Natural Resources for a proposed project to proceed under an archaeological monitoring program in a moderately sensitive area; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1008, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 1008, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO.  211

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1008

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 1008 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Department of Land and Natural Resources to determine the effect of any proposed state affordable housing project within ninety days of a request for determination; and

     (2)  Set forth the historic review requirements based on the project area's known historic, cultural, and archaeological resources.

     Your Committee received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Department of Land and Natural Resources; Hawaii Housing Finance and Development Corporation; NAIOP Hawaii; and Maui Chamber of Commerce.

     Your Committee finds that lengthy and backlogged historic preservation reviews prevent the timely development of affordable housing and drive up its costs.  This measure would enable affordable housing units to be built at a faster pace and lower cost by creating a separate historic review process for certain proposed state affordable housing projects.

     Your Committee has amended this measure:

     (1)  Authorizing the Department of Land and Natural Resources to allow a proposed project to proceed under an archaeological monitoring program if the Department determines that the proposed project is located in a highly sensitive area and an archaeological inventory survey has already been previously reviewed and accepted by the Department;

     (2)  Specifying that the Department of Land and Natural Resources may allow a proposed project to proceed under an archaeological monitoring program in a moderately sensitive area where an archaeological inventory survey has already been previously reviewed and accepted by the Department;

     (3)  Clarifying that the Department of Land and Natural Resources shall provide its written documentation within ninety days after the filing of a complete and accurate project request;

     (4)  Clarifying when an agency or officer of the State or its political subdivisions is required to obtain state inventory of historic places numbers for all historic properties identified within an affordable housing project area during the archaeological inventory survey;

     (5)  Clarifying mitigation efforts an agency or officer may take if an adverse effect on a significant historic property cannot reasonably be avoided;

     (6)  Clarifying the conditions and procedures in determining when work is stopped if human remains or historic properties are identified during archaeological monitoring or affordable housing project construction;

     (7)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1008, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1008, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Housing,