SB 1327: RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     SECTION 2.  New statutory material is underscored.

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

Report Title:

DLNR; Review of Proposed State Affordable Housing Projects

Description:

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

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