HB 830: DLNR; SHPD; Review and Comment; Historic Preservation Review; Residential Units; Mixed-Use Development; Third-Party Consultants
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-26
Current Status:
In Progress
(2025-07-08: Act 306, on 07/08/2025 (Gov. Msg. No. 1419).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Beginning 7/1/2026, authorizes the State Historic Preservation Division to contract its review of proposed state projects and projects affecting historic properties to third-party consultants under certain circumstances. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay the reasonable fee requirements of the third-party consultant. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules and later present its proposed final rules to the Board of Land and Natural Resources. Sunsets 6/30/2030. (CD1)
Beginning 7/1/2027 allows the State Historic Preservation Division of the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to third-party consultants if the projects involve the development of affordable housing and the division, after an initial evaluation, determines it will not be able to complete its review within sixty days. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay for the reasonable fee requirements of the third-party consultant. Allows the project proponent to contract or sponsor with any county, housing authority, non-profit organization, or person, to meet the third-party consultant fee requirement. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules within one year, and within one year thereafter, present its proposed final rules to the Board of Land and Natural Resources. Appropriates funds. Effective 7/1/3000. Sunsets 6/30/2029. (SD2)
Beginning 7/1/2027 requires the State Historic Preservation Division of the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to third-party consultants if the projects involve the development of affordable housing and the division, after an initial evaluation, determines it will not be able to complete its review within sixty days. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay for the reasonable fee requirements of the third-party consultant. Allows the project proponent to contract or sponsor with any county, housing authority, non-profit organization, or person, to meet the third-party consultant fee requirement. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules within one year, and within one year thereafter, present its proposed final rules to the Board of Land and Natural Resources. Appropriates funds. Effective 7/1/3000. (SD1)
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days. Authorizes the Department to assess the cost of the third-party consultant to the project proponent. Effective 7/1/3000. Sunsets 6/30/2031. (HD2)
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days. Authorizes the Department to assess the cost of the third-party consultant to the project proponent. Effective 7/1/3000. (HD1)
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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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:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii, despite the State facing an unprecedented housing crisis. According to a 2024 report released by the university of Hawaii economic research organization, the median sale price of a new two-bedroom condominium in Hawaii was about $670,000, more than double the national average price, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature additionally finds that due to the current demand for the construction of housing and other critical infrastructure, the state historic preservation division consistently receives more reports than they have time to review. According to the department of land and natural resources report to the legislature in October 2022, project reviews in the state historic preservation division's archaeology branch face "a 6-month to 1-year backlog as the volume of permit and project submissions have risen . . .".
The legislature also finds that allowing the state historic preservation division to engage with third-party consultants could help expedite the review process so that more housing units can be produced in a timely manner. Delegating review responsibilities will reduce the state historic preservation division's intake load and allow the division to focus on core historical review properties.
Therefore, legislature believes that it must take immediate action to mitigate the overwhelming volume of submissions to the state historic preservation division and the impacts on permit applicants.
Accordingly, the purpose of this Act is to authorize the department of land and natural resources, through the state historic preservation division, to contract its review of proposed state projects and projects affecting historic properties to third-party consultants, under certain conditions. SECTION 2. 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] that 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] before commencing 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) Whenever a proposed state project involves the development of residential units or mixed-use development, as long as a majority of the mixed-use development is residential, and after an initial evaluation, the department determines that:
(1) The department will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience pursuant to subsection (e) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review described under subsection (a) no later than sixty days after the filing of a request with the department; provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
(e) Whenever the department retains any third-party consultant, including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval pursuant to subsection (d), the third-party consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
(f) The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person to meet the fee requirements.
[(d)] (g) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. 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 and [prior to] before 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) Whenever the project involves the development of residential units or mixed-use development, as long as a majority of the mixed-use development is residential, and after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience required by subsection (d) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
(d) Whenever the department retains any third-party consultant, including any architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection (c), the third-party consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
(e) The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person to meet the fee requirements.
[(c)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 4. The department of land and natural resources shall publish on its website proposed rules implementing sections 2 and 3 of this Act within one year from the effective date of this Act. Thereafter, the department of land and natural resources, within one year, shall present its proposed final rules to the board of land and natural resources.
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. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2025; provided that:
(1) Sections 2 and 3 of this Act shall take effect on July 1, 2026; and
(2) This Act shall be repealed on June 30, 2030, and sections 6E-8 and 6E-42, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.
Report Title:
DLNR; SHPD; Review and Comment; Historic Preservation Review; Residential Units; Mixed-Use Development; Third-Party Consultants
Description:
Beginning 7/1/2026, authorizes the State Historic Preservation Division to contract its review of proposed state projects and projects affecting historic properties to third-party consultants under certain circumstances. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay the reasonable fee requirements of the third-party consultant. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules and later present its proposed final rules to the Board of Land and Natural Resources. Sunsets 6/30/2030. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii despite the State facing an unprecedented housing crisis. According to a report released by the university of Hawaii economic research organization in 2024, the median sale price of a new two-bedroom condominium in Hawaii was about $670,000, more than double the national average price, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature additionally finds that due to the current demand for the construction of affordable housing and other critical infrastructure, the state historic preservation division consistently receives more reports than they have time to review. According to the department of land and natural resources report to the legislature in October 22, project reviews in the state historic preservation division's archaeology branch face "a 6-month to 1-year backlog as the volume of permit and project submissions have risen . . .".
The legislature also finds that allowing the state historic preservation division to engage with third-party consultants could help expedite the review process so that more affordable housing units can be produced in a timely manner. Delegating review responsibilities will reduce the state historic preservation division's intake load and allow the division to focus on core historical review properties.
Therefore, legislature believes that it must take immediate action to mitigate the overwhelming volume of submissions to the state historic preservation division and the impacts on permit applicants.
Accordingly, the purpose of this Act is to:
(1) Authorize the department of land and natural resources, through the state historic preservation division, to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties if the proposed project involves a development intended to be affordable housing, to third-party consultants, under certain conditions; and
(2) Appropriate funds to the state historic preservation division for the recruitment and retention of qualified third-party consultants to expedite review of proposed state affordable housing projects and affordable housing projects affecting historic properties.
SECTION 2. 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] that 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 further 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] before commencing 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) Whenever a proposed state project involves the development of residential units intended for affordable housing, as that term is defined under section 201H-57, the department may retain a third-party consultant to conduct the review described under subsection (a) no later than sixty days after the filing of a request with the department; provided that after an initial evaluation, the department determines that:
(1) The department will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience pursuant to subsection (e) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation rules and statutes; or
(ii) Has not completed assigned historic preservation reviews accurately.
(e) Whenever the department retains any third-party consultant pursuant to subsection (d), including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval, the third-party consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to the rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
(f) The project proponent shall pay for the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person, to meet the fee requirements.
[(d)] (g) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect [an]
a historic property on the Hawaii register of historic places, the
landowner shall notify the department of the construction, alteration,
disposition, or improvement of any nature and allow the department opportunity
for review of the effect of the proposed construction, alteration, disposition,
or improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b)
Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any feature in or on [an] a historic
property that does not involve a change in design, material, or outer
appearance or change in those characteristics which qualified the historic
property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department may retain a third-party consultant, that the department may require to be paid for by the private landowner, to conduct the review described under section (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
(2) The third-party consultant has the qualifications and experience to conduct the review pursuant to subsection (f); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of the landowner's notification; provided that the contract allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third‑party consultant:
(A) Has evidenced insufficient compliance with the state historic preservation rules and statutes; or
(B) Has not completed assigned historic preservation reviews accurately.
(f) Whenever the department retains any third-party consultant, including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection (e), the third‑party consultant shall:
(1) Meet the education and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
[(e)] (g) The department or the department's
third-party consultant, as applicable, may enter, solely in performance of
its official duties and only at reasonable times, upon private lands for
examination or survey thereof. Whenever
any member of the department or the department's third-party consultant, as
applicable, duly authorized to conduct investigations and surveys of [an]
a historic or cultural nature determines that entry onto private lands
for examination or survey of historic or cultural finding is required, the
department or the department's third-party consultant, as applicable, shall
give written notice of the finding to the owner or occupant of such property at
least five days prior to entry. If entry
is refused, the member or the department's third-party consultant, as
applicable, may make a complaint to the district environmental court in the
circuit in which such land is located.
The district environmental court may thereupon issue a warrant, directed
to any police officer of the circuit, commanding the officer to take sufficient
aid, and, being accompanied by a member of the department[,] or the
department's third-party consultant, as applicable, between the hours of
sunrise and sunset, allow the member of the department or the department's
third-party consultant, as applicable, to examine or survey the historic or
cultural property.
(h) 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) 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 and [prior to] before 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) Whenever the project involves the development of residential units intended as affordable housing, as that term is defined under section 201H-57, the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience required by subsection (d) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation rules and statutes; or
(ii) Has not completed assigned historic preservation reviews accurately.
(d) Whenever the department retains any third-party consultant, including any architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection (c), the third-party consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
(e) The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person, to meet the fee requirements.
[(c)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 5. The department of land and natural resources shall publish on its website proposed rules implementing sections 2, 3, and 4 of this Act within one year from the effective date of this Act. Thereafter, the department of land and natural resources, within one year, shall present its proposed final rules to the board of land and natural resources.
SECTION 6. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the state historic preservation division's recruitment and retention of qualified third-party consultants.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 7. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to fund full-time equivalent ( FTE) positions to oversee third-party consultants.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2029; provided that sections 6E-8, 6E—l0, and 6E-42, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act; provided further that sections 2, 3, and 4 of this Act shall take effect on July 1, 2027.
Report Title:
BLNR; DLNR; SHPD; Review and Comment; Affordable Housing; Historic Preservation; Historic Preservation Review; Third-Party Consultants; Appropriations
Description:
Beginning 7/1/2027 allows the State Historic Preservation Division of the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to third-party consultants if the projects involve the development of affordable housing and the division, after an initial evaluation, determines it will not be able to complete its review within sixty days. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay for the reasonable fee requirements of the third-party consultant. Allows the project proponent to contract or sponsor with any county, housing authority, non-profit organization, or person, to meet the third-party consultant fee requirement. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules within one year, and within one year thereafter, present its proposed final rules to the Board of Land and Natural Resources. Appropriates funds. Effective 7/1/3000. Sunsets 6/30/2029. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
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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:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii despite the State facing an unprecedented housing crisis. According to a report released by the university of Hawaii economic research organization in 2024, the median sale price of a new two-bedroom condominium in Hawaii was about $670,000, more than double the national average price, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature additionally finds that due to the current demand for the construction of affordable housing and other critical infrastructure, the state historic preservation division consistently receives more reports than they have time to review. According to the department of land and natural resources report to the legislature in October 22, project reviews in the state historic preservation division's archaeology branch face "a 6-month to 1-year backlog as the volume of permit and project submissions have risen . . ."
The legislature also finds that allowing the state historic preservation division to engage with third-party consultants could help expedite the review process so that more affordable housing units can be produced in a timely manner. Delegating review responsibilities will reduce the state historic preservation division's intake load and allow the division to focus on core historical review properties.
Therefore, legislature believes that it must take immediate action to mitigate the overwhelming volume of submissions to the state historic preservation division and the impacts on permit applicants.
Accordingly, the purpose of this Act is to:
(1) Require the department of land and natural resources, through the state historic preservation division, to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties if the proposed project involves a development intended to be affordable housing, to third-party consultants, under certain conditions; and
(2) Appropriate funds to the state historic preservation division for the recruitment and retention of qualified third-party consultants to expedite review of proposed state affordable housing projects and affordable housing projects affecting historic properties.
SECTION 2. 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] that 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 further 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] before commencing 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) Whenever a proposed state project involves the development of residential units intended for affordable housing, as that term is defined under section 201H-57, the department shall retain a third-party consultant to conduct the review described under subsection (a) no later than sixty days after the filing of a request with the department; provided that after an initial evaluation, the department determines that:
(1) The department will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience pursuant to subsection (e) to conduct the review; and
(3) The contract with the third-party consultant requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment.
(e) Whenever the department retains any third-party consultant pursuant to subsection (d), including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval, the third-party consultant shall meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to the rules adopted by the state historic preservation division.
(f) The project proponent shall pay for the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person, to meet the fee requirements.
[(d)] (g) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect [an]
a historic property on the Hawaii register of historic places, the
landowner shall notify the department of the construction, alteration,
disposition, or improvement of any nature and allow the department opportunity
for review of the effect of the proposed construction, alteration, disposition,
or improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b)
Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any feature in or on [an] a historic
property that does not involve a change in design, material, or outer
appearance or change in those characteristics which qualified the historic
property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department shall retain a third-party consultant, that the department may require to be paid for by the private landowner, to conduct the review described under section (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
(2) The third-party consultant has the qualifications and experience to conduct the review pursuant to subsection (f); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of the landowner's notification.
(f) Whenever the department retains any third-party consultant, including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection (e), the third-party consultant shall meet the education and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(e)] (g) The department or the department's
third-party consultant, as applicable, may enter, solely in performance of
its official duties and only at reasonable times, upon private lands for
examination or survey thereof. Whenever
any member of the department or the department's third-party consultant, as
applicable, duly authorized to conduct investigations and surveys of [an]
a historic or cultural nature determines that entry onto private lands
for examination or survey of historic or cultural finding is required, the
department or the department's third-party consultant, as applicable, shall
give written notice of the finding to the owner or occupant of such property at
least five days prior to entry. If entry
is refused, the member or the department's third-party consultant, as
applicable, may make a complaint to the district environmental court in the
circuit in which such land is located.
The district environmental court may thereupon issue a warrant, directed
to any police officer of the circuit, commanding the officer to take sufficient
aid, and, being accompanied by a member of the department[,] or the
department's third-party consultant, as applicable, between the hours of
sunrise and sunset, allow the member of the department or the department's
third-party consultant, as applicable, to examine or survey the historic or
cultural property.
(h) 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) 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 and [prior to] before 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) Whenever the project involves the development of residential units intended as affordable housing, as that term is defined under section 201H-57, the department shall retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience required by subsection (d) to conduct the review; and
(3) The contract with the third-party consultant requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment.
(d) Whenever the department retains any third-party consultant, including any architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection (c), the third-party consultant shall meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division.
(e) The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person, to meet the fee requirements.
[(c)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 5. The department of land and natural resources shall publish on its website proposed rules implementing sections 2, 3, and 4 of this Act within one year from the effective date of this Act. Thereafter, the department of land and natural resources, within one year, shall present its proposed final rules to the board of land and natural resources.
SECTION 6. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the state historic preservation division's recruitment and retention of qualified third-party consultants.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000; provided that sections 2, 3, and 4 of this Act shall take effect on July 1, 2027.
Report Title:
BLNR; DLNR; SHPD; Review and Comment; Affordable Housing; Historic Preservation; Historic Preservation Review; Third-Party Consultants; Appropriations
Description:
Beginning 7/1/2027 requires the State Historic Preservation Division of the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to third-party consultants if the projects involve the development of affordable housing and the division, after an initial evaluation, determines it will not be able to complete its review within sixty days. Establishes requirements for qualified third-party consultants providing review services. Requires the project proponent to pay for the reasonable fee requirements of the third-party consultant. Allows the project proponent to contract or sponsor with any county, housing authority, non-profit organization, or person, to meet the third-party consultant fee requirement. Requires the Department of Land and Natural Resources to publish a draft of its proposed rules within one year, and within one year thereafter, present its proposed final rules to the Board of Land and Natural Resources. Appropriates funds. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii despite the State facing an unprecedented housing crisis. According to a report released by the university of Hawaii economic research organization in 2024, the median sale price of a new two-bedroom condominium in Hawaii was about $670,000, more than double the national average price, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature believes that it must take immediate action to mitigate the overwhelming volume of submittals and the impacts on permit applicants.
Accordingly, the purpose of this Act is to promote more timely reviews of projects by requiring the department of land and natural resources, through the state historic preservation division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the department will not be able to complete its review within sixty days.
SECTION 2. 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] that 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 retain a third-party consultant, that the department may require to be paid for by the agency or officer of the State or its political subdivisions, to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience to conduct the review pursuant to subsection (e); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of the filing of the request with the department.
(e) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (d), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(d)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section[.] no
later than one year from the effective date of this Act."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect [an]
a historic property on the Hawaii register of historic places, the
landowner shall notify the department of the construction, alteration,
disposition, or improvement of any nature and allow the department opportunity
for review of the effect of the proposed construction, alteration, disposition,
or improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b)
Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any feature in or on [an] a historic
property that does not involve a change in design, material, or outer
appearance or change in those characteristics which qualified the historic
property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department shall retain a third-party consultant, that the department may require to be paid for by the private landowner, to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
(f) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (e), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(e)] (g) The department or the department's
third-party consultant, as applicable, may enter, solely in performance of
its official duties and only at reasonable times, upon private lands for
examination or survey thereof. Whenever
any member of the department or the department's third-party consultant, as
applicable, duly authorized to conduct investigations and surveys of [an]
a historic or cultural nature determines that entry onto private lands
for examination or survey of historic or cultural finding is required, the
department or the department's third-party consultant, as applicable,
shall give written notice of the finding to the owner or occupant of such
property at least five days prior to entry.
If entry is refused, the member or the department's third-party
consultant, as applicable, may make a complaint to the district environmental
court in the circuit in which such land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department[,] or the department's third-party
consultant, as applicable, between the hours of sunrise and sunset, allow
the member of the department or the department's third-party consultant, as
applicable, to examine or survey the historic or cultural property.
(h) The department shall adopt rules in accordance with chapter 91 to implement this section no later than one year from the effective date of this Act."
SECTION 4. 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 and [prior to] before 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 retain a third-party consultant, that the department may require to be paid for by the agency or officer of the State or its political subdivisions, to conduct the review and comment described under subsection (a) if, after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience to conduct the review required by subsection (d); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of being advised pursuant to subsection (a).
(d) Whenever the department retains any third party, including any architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (c), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(c)] (e) The department shall adopt rules in
accordance with chapter 91 to implement this section[.] no
later than one year from the effective date of this Act."
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. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2031; provided that sections 6E-8, 6E-10, and 6E-42, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.
Report Title:
Historic Preservation Reviews; State Historic Preservation Division; Third-party Consultants
Description:
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days. Authorizes the Department to assess the cost of the third-party consultant to the project proponent. Effective 7/1/3000. Sunsets 6/30/2031. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii despite the State facing an unprecedented housing crisis. According to a report released by the university of Hawaii economic research organization in 2024, the median sale price of a new two-bedroom condominium in Hawaii was about $670,000, more than double the national average price, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature believes that it must take immediate action to mitigate the overwhelming volume of submittals and the impacts on permit applicants.
Accordingly, the purpose of this Act is to promote more timely reviews of projects by requiring the department of land and natural resources, through the state historic preservation division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the department will not be able to complete its review within sixty days.
SECTION 2. 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] that 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 retain a third-party consultant, that the department may require to be paid for by the agency or officer of the State or its political subdivisions, to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience to conduct the review pursuant to subsection (e); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of the filing of the request with the department.
(e) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (d), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(d)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect [an]
a historic property on the Hawaii register of historic places, the
landowner shall notify the department of the construction, alteration,
disposition, or improvement of any nature and allow the department opportunity
for review of the effect of the proposed construction, alteration, disposition,
or improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b)
Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any feature in or on [an] a historic
property that does not involve a change in design, material, or outer
appearance or change in those characteristics which qualified the historic
property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department shall retain a third-party consultant, that the department may require to be paid for by the private landowner, to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
(f) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (e), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(e)] (g) The department or the department's
third-party consultant, as applicable, may enter, solely in performance of
its official duties and only at reasonable times, upon private lands for
examination or survey thereof. Whenever
any member of the department or the department's third-party consultant, as
applicable, duly authorized to conduct investigations and surveys of [an]
a historic or cultural nature determines that entry onto private lands
for examination or survey of historic or cultural finding is required, the
department or the department's third-party consultant, as applicable,
shall give written notice of the finding to the owner or occupant of such
property at least five days prior to entry.
If entry is refused, the member or the department's third-party
consultant, as applicable, may make a complaint to the district environmental
court in the circuit in which such land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department[,] or the department's third-party
consultant, as applicable, between the hours of sunrise and sunset, allow
the member of the department or the department's third-party consultant, as
applicable, to examine or survey the historic or cultural property."
SECTION 4. 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 and [prior to] before 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 retain a third-party consultant, that the department may require to be paid for by the agency or officer of the State or its political subdivisions, to conduct the review and comment described under subsection (a) if, after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience to conduct the review required by subsection (d); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of being advised pursuant to subsection (a).
(d) Whenever the department retains any third party, including any architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (c), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(c)] (e) 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. New statutory
material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Historic Preservation Reviews; State Historic Preservation Division; Third-party Consultants
Description:
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days. Authorizes the Department to assess the cost of the third-party consultant to the project proponent. 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
830 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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:
The legislature further finds that regulatory costs are a major contributor to the high cost of housing in Hawaii despite the State facing an unprecedented housing crisis. According to a report released by the university of Hawaii economic research organization in 2024, the median sale price of a new two-bedroom condo in Hawaii was about $670,000, more than double the price in the average state, and regulatory costs comprise $387,000. Permit applicants face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submittals for review. Consequently, much needed housing, economic development, and critical infrastructure projects often face significant delays in permit approvals and project implementation.
The legislature believes that it must take immediate action to mitigate the overwhelming volume of submittals and the impacts on permit applicants.
Accordingly, the purpose of this Act is to promote more timely reviews of projects by requiring the department of land and natural resources, through the state historic preservation division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the department will not be able to complete its review within sixty days.
SECTION 2. 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] that 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 retain a third-party consultant to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;
(2) The third-party consultant has the qualifications and experience to conduct the review pursuant to subsection (e); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of the filing of the request with the department.
(e) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (d), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(d)] (f) The department shall adopt rules in
accordance with chapter 91 to implement this section."
SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition or improvement of any nature, by, for, or permitted by
a private landowner may be commenced [which] that will affect an
historic property on the Hawaii register of historic places, the landowner
shall notify the department of the construction, alteration, disposition, or
improvement of any nature and allow the department opportunity for review of
the effect of the proposed construction, alteration, disposition, or
improvement of any nature on the historic property. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department shall have given its
concurrence or ninety days have elapsed.
Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any feature in or on an historic property that does not involve a change in design, material, or outer appearance or change in those characteristics which qualified the historic property for entry onto the Hawaii register of historic places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department shall retain a third-party consultant to conduct the review described under subsection (a) if, after an initial evaluation, the department determines that:
(1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
(f) Whenever the department retains any third party, including an architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (e), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(e)] (g) The department or the department's third-party
consultant, as applicable, may enter, solely in performance of its official
duties and only at reasonable times, upon private lands for examination or
survey thereof. Whenever any member of
the department or the department's third-party consultant, as applicable,
duly authorized to conduct investigations and surveys of an historic or
cultural nature determines that entry onto private lands for examination or
survey of historic or cultural finding is required, the department or the
department's third-party consultant, as applicable, shall give written
notice of the finding to the owner or occupant of such property at least five
days prior to entry. If entry is
refused, the member or the department's third-party consultant, as
applicable, may make a complaint to the district environmental court in the
circuit in which such land is located.
The district environmental court may thereupon issue a warrant, directed
to any police officer of the circuit, commanding the officer to take sufficient
aid, and, being accompanied by a member of the department[,] or the
department's third-party consultant, as applicable, between the hours of
sunrise and sunset, allow the member of the department or the department's third-party
consultant, as applicable, to examine or survey the historic or cultural
property."
SECTION 4. 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 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 retain a third-party consultant to conduct the review and comment described under subsection (a) if, after an initial evaluation, the department determines that:
(2) The third-party consultant has the qualifications and experience to conduct the review required by subsection (d); and
(3) The third-party consultant will contract to provide a recommendation to the department within thirty days of being advised pursuant to subsection (a).
(d) Whenever the department retains any third party, including any architect, engineer, archaeologist, planner, or other, to review an application for a permit, license, or approval under subsection (c), the third party shall meet the educational and experience standards as well as the qualifications for preservation professionals as determined by rules adopted by the state historic preservation division.
[(c)] (e) 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. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Historic Preservation Reviews; Third-party Consultants
Description:
Requires the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jul 8, 2025 | Act 306, on 07/08/2025 (Gov. Msg. No. 1419). |
| Jul 8, 2025 | Act 306, 07/08/2025 (Gov. Msg. No. 1419). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Iwamoto, Poepoe voting no (2) and Representative(s) Cochran excused (1). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 237). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 237) as amended in (CD 1). |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Evslin, Hashem, Miyake; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Muraoka. |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 5 Aye(s): Senator(s) Inouye, Chang, Gabbard, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey. |
| Apr 25, 2025 | Received notice of change in Senate conferees (Sen. Com. No. 882). |
| Apr 25, 2025 | Senate Conferees Changed: Senator Kanuha added as Co-Chair. Senator Hashimoto discharged as Co-Chair. |
| Apr 25, 2025 | Conference committee meeting to reconvene on 04-25-25 5:00 PM; Conference Room 225. |
| Apr 25, 2025 | Conference committee meeting to reconvene on 04-25-25 4:30 PM; Conference Room 225. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 3:00PM in Conference Room 224. |
| Apr 24, 2025 | Conference Committee Meeting will reconvene on Friday 04-25-25 10:45AM in conference room 229. |
| Apr 23, 2025 | Conference Committee Meeting will reconvene on Thursday 04-24-25 10:45AM in conference room 229. |
| Apr 22, 2025 | Conference committee meeting to reconvene on 04-23-25 10:45AM; Conference Room 229. |
| Apr 17, 2025 | Conference committee meeting scheduled for 04-22-25 10:45AM; Conference Room 229. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 788). |
| Apr 15, 2025 | Senate Conferees Appointed: Inouye Chair; Chang, Gabbard, Hashimoto Co-Chairs; McKelvey, DeCorte. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Evslin, Hashem, Miyake Co-Chairs; Muraoka. |
| Apr 11, 2025 | Received notice of disagreement (Hse. Com. No. 704). |
| Apr 10, 2025 | House disagrees with Senate amendment (s). |
| Apr 8, 2025 | Returned from Senate (Sen. Com. No. 682) in amended form (SD 2). |
| Apr 8, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 4, 2025 | 48 Hrs. Notice 04-08-25. |
| Apr 4, 2025 | Reported from JDC/WAM (Stand. Com. Rep. No. 1765) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) DeCoite, Kidani. |
| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 27, 2025 | The committee(s) on JDC/WAM will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference. |
| Mar 21, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Mar 21, 2025 | Reported from WTL/HOU (Stand. Com. Rep. No. 1290) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Mar 18, 2025 | The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 4 Aye(s): Senator(s) Chang, Hashimoto, Aquino, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Mar 18, 2025 | The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 4 Aye(s): Senator(s) Inouye, Elefante, Chang, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey. |
| Mar 12, 2025 | The committee(s) on WTL/HOU has scheduled a public hearing on 03-18-25 1:05PM; Conference Room 225 & Videoconference. |
| Mar 12, 2025 | Re-Referred to WTL/HOU, JDC/WAM. |
| Mar 6, 2025 | Referred to HOU/WTL, WAM. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 291). |
| Mar 4, 2025 | Passed Third Reading as amended in HD 2 with Representative(s) Belatti, Cochran, Perruso, Shimizu voting aye with reservations; Representative(s) Iwamoto voting no (1) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Forty-eight (48) hours notice Tuesday, 03-04-25. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 1038) as amended in HD 2, recommending passage on Third Reading. |
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Kitagawa, Ward. |
| Feb 21, 2025 | Bill scheduled to be heard by FIN on Tuesday, 02-25-25 10:00AM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 13, 2025 | Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3). |
| Feb 13, 2025 | Reported from WAL (Stand. Com. Rep. No. 602), recommending referral to FIN. |
| Feb 11, 2025 | The committee on WAL recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Ichiyama, Morikawa, Poepoe, Woodson, Souza; Ayes with reservations: Representative(s) Belatti, Shimizu; 1 Noes: Representative(s) Iwamoto; and Excused: none. |
| Feb 7, 2025 | Bill scheduled to be heard by WAL on Tuesday, 02-11-25 10:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Feb 6, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with none voting aye with reservations; none voting no (0) and Representative(s) Ward excused (1). |
| Feb 6, 2025 | Reported from HSG (Stand. Com. Rep. No. 215) as amended in HD 1, recommending passage on Second Reading and referral to WAL. |
| Jan 31, 2025 | The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Evslin, Miyake, Grandinetti, Kila, La Chica, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Cochran, Kitagawa. |
| Jan 28, 2025 | Bill scheduled to be heard by HSG on Friday, 01-31-25 9:15AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to HSG, WAL, FIN, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 8, 2025 | Third Reading | Senate Floor |
Passed |
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| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
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| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 18, 2025 | The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Housing |
Passed |
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| Mar 18, 2025 | The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water and Land |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
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| Feb 11, 2025 | The committee on WAL recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Water & Land |
Passed |
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| Jan 31, 2025 | The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| County of Maui | *** Support | Jan 31, 2025 |
| Grassroot Institute of Hawaii | ** Support | |
| Hawaiʻi Association of REALTORS | ** Support | |
| Historic Hawaiʻi Foundation | ** Against | |
| Maui Chamber of Commerce | ** Support | |
| Mayor of the County of Maui | ** Support | |
| NAIOP Hawaii | ** Support |
CONFERENCE COMMITTEE REP. NO. 237
Honolulu, Hawaii
, 2025
RE: H.B. No. 830
H.D. 2
S.D. 2
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 830, H.D. 2, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Beginning July 1, 2027, allow the State Historic Preservation Division to contract its review of certain proposed projects to third-party consultants under certain circumstances;
(2) Establish requirements for qualified third-party consultants providing review services;
(3) Require the project proponent to pay for the reasonable fee requirements of the third-party consultant;
(4) Allow the project proponent to contract or sponsor with any county, housing authority, non-profit organization, or person, to meet the third-party consultant fee requirement;
(5) Require the Department of Land and Natural Resources to publish a draft of its proposed rules within one year of the effective date of this measure, and within one year thereafter, present its proposed final rules to the Board of Land and Natural Resources; and
(6) Appropriate funds for the State Historic Preservation Division's recruitment and retention of qualified third-party consultants and full-time equivalent positions to oversee the third-party consultants.
Your Committee on Conference has amended this measure by:
(1) Exempting projects that trigger Section 106 of the National Historic Preservation Act from this measure;
(2) Authorizing third-party review on residential units and mixed-use developments, as long as a majority of the mixed-use development is residential for state projects and projects affecting historic properties;
(3) Deleting language that would have allowed a third-party review for privately-owned historic property under certain circumstances;
(4) Removing all appropriations;
(5) Changing the sunset date to June 30, 2030, rather than June 30, 2029;
(6) Changing the effective date to July 1, 2025, but making the authorization to contract a third-party consultant effective July 1, 2026; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 830, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 830, H.D. 2, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ LORRAINE R. INOUYE Chair |
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____________________________ LUKE A. EVSLIN Co-Chair |
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____________________________ STANLEY CHANG Co-Chair |
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____________________________ MARK J. HASHEM Co-Chair |
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____________________________ MIKE GABBARD Co-Chair |
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____________________________ TYSON K. MIYAKE Co-Chair |
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____________________________ DRU KANUHA Co-Chair |
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STAND. COM. REP. NO. 1765
Honolulu, Hawaii
RE: H.B. No. 830
H.D. 2
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 830, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the Department of Land and Natural Resources, through the State Historic Preservation Division, to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties if the proposed project involves a development intended to be affordable housing, to third-party consultants, under certain conditions; and
(2) Appropriate funds to the State Historic Preservation Division for the recruitment and retention of qualified third-party consultants to expedite review of proposed state affordable housing projects and affordable housing projects affecting historic properties.
Your Committees received testimony in support of this measure from the Hawaiʻi Association of REALTORS, Grassroot Institute of Hawaii, NAIOP Hawaii, Maui Chamber of Commerce, and one individual.
Your Committees received testimony in opposition to this measure from the Historic Hawaiʻi Foundation and one individual.
Your Committees received comments on this measure from the Department of Land and Natural Resources and Office of Hawaiian Affairs.
Your Committees find that existing law defines a historic property as any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. With this current definition, the number of homes and buildings that qualify as a historic property has continued to increase, which can be challenging for homeowners that must comply with the historic preservation review process for permits, even when their properties have no historical significance. Your Committees further find that existing law can be challenging for the State Historic Preservation Division, as the Division will have to review properties simply because the property is over fifty years old, even without historical significance. This measure will streamline the existing system and expedite the existing permit review process to benefit homeowners in the State and reduce burdens on the State Historic Preservation Division.
Your Committees note that this measure would require the State Historic Preservation Division to assign a staff person to identify, certify qualifications of, and manage a third-party consultant, and would therefore require additional resources to effectuate this measure. Your Committees further note that the State Historic Preservation Division would be liable for any determinations made by a third-party consultant, and thus this measure should be amended to require third-party consultants to follow state ethics rules and be prohibited from reviewing any project that the consultant or the consultant's employer has worked on. Your Committees further note that, since any determinations made by the State Historic Preservation Division during the section 6E-8, Hawaii Revised Statutes, review process are subject to appeal, any review under this section completed by a third-party would also be subject to review. Your Committees therefore believe that amendments to this measure are necessary to ensure that the State Historic Preservation Division is able to reserve the right to determine whether use of a third-party consultant was appropriate and terminate a third-party consultant contract if the consultant has evidenced insufficient compliance with certain rules or statutes or has not completed assigned reviews accurately.
Your Committees also note that the State Historic Preservation Division is hovering at roughly a thirty percent vacancy rate, which is likely due to uncompetitive pay relative to the private sector and federal government. Your Committees believe that outsourcing government work to ensure the timely review of historic properties should be a temporary solution, and the State should strive to become more flexible, competitive, and adaptive to the current job market and public demands for the long-term. Therefore, your Committees believe that this measure should be amended to include a sunset date of two years, which will provide an adequate amount of time for the State Historic Preservation Division to fill these vacancies.
Accordingly, your Committees have amended this measure by:
(1) Specifying that the Department of Land and Natural Resources may, but is not required to, contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties if the proposed project involves a development intended to be affordable housing, to third-party consultants, under certain conditions;
(2) Specifying that in a contract with a third-party consultant for certain review of proposed state projects, the Department of Land and Natural Resources reserves the right to determine whether use of a third‑party consultant was appropriate and terminate the contract if the third-party consultant:
(A) Has evidenced insufficient compliance with the state historic preservation rules; or
(B) Has not completed assigned historic preservation reviews accurately;
(3) Requiring any third-party consultant retained to review proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to:
(A) Follow state ethics rules; and
(B) Not review any project that the third-party consultant or the consultant's employer has previously worked on;
(4) Inserting a blank appropriation amount for the State Historic Preservation Division to fund an unspecified number of positions to oversee third-party consultants;
(5) Inserting a sunset date of June 30, 2029;
(6) Amending section 1 to reflect its amended purpose; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 830, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 830, H.D. 2, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 1290
Honolulu, Hawaii
RE: H.B. No. 830
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Water and Land and Housing, to which was referred H.B. No. 830, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
beg leave to report as follows:
The purpose and intent of this measure is to promote more timely reviews of projects by requiring the Department of Land and Natural Resources, through the State Historic Preservation Division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately-owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days.
Your Committees received testimony in support of this measure from the Hawaiʻi Association of REALTORS, NAIOP Hawaii, Grassroot Institute of Hawaii, and one individual.
Your Committees received comments on this measure from the Department of Land and Natural Resources; Office of Hawaiian Affairs; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Maui Chamber of Commerce; and AAC Consulting.
Your Committees find that while the historic preservation review requirements play an essential role in the protection and management of the State's historic and cultural resources, these requirements impede development, exacerbating the shortage of affordable housing in the State. Your Committees further find that permit applicants also face significant delays in obtaining county permits that require historic preservation review because of the overwhelming volume of submissions for review. Your Committees also find that requiring the Department of Land and Natural Resources (Department) to contract with third parties for the review of certain projects will reduce the Department's backlog of reviews. Accordingly, this measure streamlines the historic preservation review process to expedite development in the State.
Your Committees note the concerns in the testimony of the Department regarding funding for the recruitment and retention of qualified third-party consultants and the liability assumed by the Department when retaining a third-party consultant. Your Committees further note that S.B. No. 1002, S.D. 2 (2025), was already passed by the Senate and is a substantially similar measure that also requires the Department to retain a third-party consultant to review proposed state projects and projects affecting historic properties under certain conditions. Your Committees also note that the Department prefers the language in S.B. No. 1002, S.D. 2, as it addresses some of the concerns raised by the Department in its testimony.
Accordingly, your Committees have amended this measure by:
(1) Inserting language specifying that the Department shall contract its review of a proposed state project involving the development of residential units intended as affordable housing if the Department, after an initial evaluation, determines that it will not be able to complete its review within sixty days;
(2) Inserting language requiring that the project proponent of a state-proposed project pay for the reasonable fee requirements of the third-party consultant;
(3) Inserting language specifying that the Department shall contract its review of a proposed project affecting historic property that involves the development of residential units intended as affordable housing if the Department, after an initial evaluation, determines that it will not be able to complete its review within sixty days;
(4) Inserting language requiring that the project proponent of a proposed project affecting historic property pay the reasonable fee requirements of a third-party consultant;
(5) Specifying that the Department shall publish on its website proposed rules governing the recruitment and retention of third-party consultants;
(6) Inserting language requiring that the Department present its proposed final rules to the Board of Land and Natural Resources within one year of publishing the proposed rules on its website;
(7) Inserting a blank appropriation for the State Historic Preservation Division to recruit and retain qualified third-party consultants;
(8) Deleting language that would have repealed this measure on June 30, 2031;
(9) Amending section 1 to reflect its amended purpose;
(10) Making certain provisions effective on July 1, 2027; and
(11) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Water and Land and Housing that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 830, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 830, H.D. 2, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Water and Land and Housing,
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________________________________ STANLEY CHANG, Chair |
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________________________________ LORRAINE R. INOUYE, Chair |
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STAND. COM. REP. NO. 1038
Honolulu, Hawaii
, 2025
RE: H.B. No. 830
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 Finance, to which was referred H.B. No. 830, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Hawaiʻi Association of REALTORS; NAIOP Hawaii; Grassroot Institute of Hawaii; and two individuals. Your Committee received testimony in opposition to this measure from Historic Hawaiʻi Foundation. Your Committee received comments on this measure from the Department of Land and Natural Resources; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and Maui Chamber of Commerce.
Your Committee has amended this measure by:
(1) Requiring the Department of Land and Natural Resources to adopt rules to implement the retention of third-party consultants, as proposed by this measure, within one year of the effective date of this measure;
(2) Including a sunset date of June 30, 2031, which is approximately five years after the deadline to adopt those rules; and
(3) 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 Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 830, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 830, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 602
Honolulu, Hawaii
, 2025
RE: H.B. No. 830
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 Water & Land, to which was referred H.B. No. 830, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
begs leave to report as follows:
The purpose of this measure is to require the Department of Land and Natural Resources, through the State Historic Preservation Division and subject to approval from the appropriate island burial council, to contract its review of proposed state projects, projects on privately owned historic property, and projects involving entitlements for use that may affect historic properties to third-party consultants if the Department will not be able to complete its review within sixty days.
Your Committee received testimony in support of this measure from the Hawaiʻi Association of REALTORS; Grassroot Institute of Hawaii; NAIOP Hawaii; and one individual. Your Committee received testimony in opposition to this measure from the Historic Hawaiʻi Foundation. Your Committee received comments on this measure from the Department of Land and Natural Resources; Maui Chamber of Commerce; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.
Your Committee finds that the process for preserving historical sites needs to improve in efficiency of review and decision-making. However, your Committee also recognizes that relying on third-party consultants could be challenging for the Department of Land and Natural Resources, especially if the State Historic Preservation Division is responsible for covering the costs related to contracting these external experts.
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. 830, H.D. 1, and recommends that it be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ MARK J. HASHEM, Chair |
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STAND. COM. REP. NO. 215
Honolulu, Hawaii
, 2025
RE: H.B. No. 830
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. 830 entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
begs leave to report as follows:
The purpose of this measure is to require the Department of Land and Natural Resources to contract its review of proposed state projects, projects on privately owned historic property, and projects affecting historic properties to third-party consultants if the Department is unable to complete its review within sixty days.
Your Committee received testimony in support of this measure from the Mayor of the County of Maui; NAIOP Hawaii; Hawaiʻi Association of REALTORS; Grassroot Institute of Hawaii; and Maui Chamber of Commerce. Your Committee received comments on this measure from the Department of Land and Natural Resources and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.
Your Committee finds that the historic preservation review process needs to streamline the timeliness of its reviews and decisions. Your Committee notes that the use of third-party consultants may not be feasible for the Department of Land and Natural Resources if the State Historic Preservation Division is required to cover the expenses associated with contracting with the third party.
Accordingly, your Committee has amended this measure by:
(1) Authorizing the State Historic Preservation Division to assess the costs of retaining a third-party consultant to the applicable project proponent;
(2) Changing the effective date to July 1, 3000, 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 Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 830, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 830, H.D. 1, and be referred to your Committee on Water & Land.
Respectfully submitted on behalf of the members of the Committee on Housing,
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____________________________ LUKE A. EVSLIN, Chair |
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Date
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Testimony PDF
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|---|---|
| Apr 1, 2025 | HB830_SD1_TESTIMONY_WAM-JDC_04-01-25_.PDF |
| Mar 18, 2025 | HB830_HD2_TESTIMONY_WTL-HOU_03-18-25_.PDF |
| Feb 25, 2025 | HB830_HD1_TESTIMONY_FIN_02-25-25_.PDF |
| Feb 12, 2025 | HB830_HD1_TESTIMONY_WAL-EEP_02-11-25_.PDF |
| Jan 31, 2025 | HB830_TESTIMONY_HSG_01-31-25_.PDF |
Discussed in Hearing
4MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
18MIN
Senate Standing Committee on Housing
18MIN
