SB 15: Historic Preservation; Historic Property; Exclusions

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION.

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

     SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, [which is] that is over fifty years old[.] and meets the criteria for being entered into the Hawaii register of historic places."

     SECTION 2.  Section 6E-42.2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§6E-42.2[]]  Excluded activities for privately-owned single-family detached dwelling units and townhouses[.], residential projects, and nominally sensitive areas.  (a)  An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and[:] is:

     (1)  [Is listed] Listed on the Hawaii or national register of historic places, or both;

     (2)  [Is nominated] Nominated for inclusion on the Hawaii or national register of historic places, or both; or

     (3)  [Is located] Located in a historic district.

     (b)  An application for a proposed project on an existing residential property shall be subject to the requirements of section 6E-42 only if the existing residential property is over fifty years old and is registered on the Hawaii register of historic places.

     (c)  An application for a proposed project in a nominally sensitive area shall not be subject to the requirements of section 6E-42.

     [(b)] (d)  For the purposes of this section:

     "Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.

     "Nominally sensitive area" means a project area that is 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.

     "Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.

     "Townhouse" has the same meaning as [defined] in section 502C-1."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Historic Preservation; Historic Property; Exclusions

Description:

Amends the definition of "historic property" to require that the property is over fifty years old and meets the criteria for inclusion in the Hawaii Register of Historic Places.  Excludes proposed projects on existing residential property and proposed projects that are in nominally sensitive areas from the State's Historic Preservation Program review, under certain circumstances.  (CD1)

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

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION.

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

     SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, [which is] that is over fifty years old[.] and meets the criteria for being entered into the Hawaii register of historic places."

     SECTION 2.  Section 6E-42.2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§6E-42.2[]]  Excluded activities for privately-owned single-family detached dwelling units and townhouses[.], residential projects, and nominally sensitive areas.  (a)  An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and[:] is:

     (1)  [Is listed] Listed on the Hawaii or national register of historic places, or both;

     (2)  [Is nominated] Nominated for inclusion on the Hawaii or national register of historic places, or both; or

     (3)  [Is located] Located in a historic district.

     (b)  An application for a proposed project on an existing residential property shall be subject to the requirements of section 6E-42 only if the existing residential property is over fifty years old and is registered on the Hawaii register of historic places.

     (c)  An application for a proposed project in a nominally sensitive area shall not be subject to the requirements of section 6E-42.

     [(b)] (d)  For the purposes of this section:

     "Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.

     "Nominally sensitive area" means a project area that is 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.

     "Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.

     "Townhouse" has the same meaning as [defined] in section 502C-1."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Historic Preservation; Historic Property; Exclusions

Description:

Amends the definition of "historic property" to require that the property is over 50 years old and meets the criteria for inclusion in the Hawaii Register of Historic Places.  Excludes proposed projects on existing residential property and proposed projects that are in nominally sensitive areas from the State's Historic Preservation Program review, under certain circumstances.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION.

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

     SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site[, which is] that is over fifty years old[.] and meets the criteria for being entered into the Hawaii register of historic places."

     SECTION 2.  Section 6E-42.2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§6E-42.2[]]  Excluded activities for privately-owned single-family detached dwelling units and townhouses[.], residential projects, and nominally sensitive areas.  (a)  An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and:

     (1)  Is listed on the Hawaii or national register of historic places, or both;

     (2)  Is nominated for inclusion on the Hawaii or national register of historic places, or both; or

     (3)  Is located in a historic district.

     (b)  An application for a proposed project on an existing residential property shall be subject to the requirements of section 6E-42 only if the existing residential property is over fifty years old and is registered on the Hawaii register of historic places.

     (c)  An application for a proposed project in a nominally sensitive area shall not be subject to the requirements of section 6E-42.

     [(b)] (d)  For the purposes of this section:

     "Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.

     "Nominally sensitive area" means a project area that is 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.

     "Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.

     "Townhouse" has the same meaning as [defined] in section 502C-1."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Historic Preservation; Historic Property

Description:

Amends the definition of "historic property" to require that the property is over 50 years old and meets the criteria for inclusion in the Hawaii Register of Historic Places.  Excludes proposed projects on existing residential property and proposed projects that are in nominally sensitive areas from the State's Historic Preservation Program review, under certain circumstances.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION.

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

     SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site[, which is] that is over fifty years old[.] and:

     (1)  Meets the criteria for being entered into the Hawaii register of historic places; or

     (2)  Has important value to Native Hawaiians or other ethnic groups of the State due to:

          (A)  Associations with cultural practices once carried out, or still carried out, at the property; or

          (B)  Associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Historic Preservation; Historic Property

Description:

Amends the definition of "historic property" to require that the property meets the criteria for inclusion in the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups of the State due to associations with cultural practices once carried out, or still carried out, at the property or associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity.  (SD1)

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

A BILL FOR AN ACT

relating to historic preservation.

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

     SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site[, which is] that:

     (1)  Is over fifty years old[.];

     (2)  Meets the criteria for being entered into the Hawaii register of historic places; or

     (3)  Has important value to Native Hawaiians or other ethnic groups of the State due to:

          (A)  Associations with cultural practices once carried out, or still carried out, at the property; or

          (B)  Associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Historic Preservation; Historic Property

Description:

Amends the definition of "historic property" to require that the property meets the criteria for inclusion in the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups of the State due to associations with cultural practices once carried out, or still carried out, at the property or associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity.

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

CONFERENCE COMMITTEE REP. NO. 4

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 15

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 15, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

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)  Amend the definition of "historic property" to require that the property is over fifty years old and meets the criteria for inclusion in the Hawaii Register of Historic Places; and

     (2)  Exclude proposed projects on existing residential property and proposed projects on existing residential property and proposed projects that are in nominally sensitive areas from the State's Historic Preservation Program review, under certain circumstances.

     Your Committee on Conference finds that the existing definition of "historic property" is overly broad, requiring the State Historic Preservation Division to evaluate historic and cultural resources and the effects that proposed projects may have on these resources solely based on the age of the historic or cultural resource.  The existing definition does not consider whether a historic or cultural resource maintains sufficient integrity and significance to be identified as a historic or cultural resource.  This measure narrows the definition of "historic property" to streamline the historic preservation review process.

     Your Committee on Conference has amended this measure by making it effective upon its approval.

     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 S.B. No. 15, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 15, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1758

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 15

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 15, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Amend the definition of "historic property" to require that the property is over fifty years old and meets the criteria for inclusion in the Hawaiʻi Register of Historic Places; and

     (2)  Exclude proposed projects on existing residential property and proposed projects that are in nominally sensitive areas from the State's Historic Preservation Program review, under certain circumstances.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Grassroot Institute of Hawaii; NAIOP Hawaii; and Maui Chamber of Commerce.  Your Committee received testimony in opposition to this measure from the O‘ahu Historic Preservation Commission of the City and County of Honolulu; Ko‘olau Foundation; Historic Hawai‘i Foundation; and one individual.

     Your Committee finds that under existing law, the definition of "historic property" determines how the State Historic Preservation Division evaluates historic and cultural resources and the impacts projects submitted to the Division have on historic and cultural resources.  However, your Committee further finds that the existing definition merely bases this determination on age, and fails to take into consideration if a historic or cultural resource is of enough integrity and significance to be identified as "historic".  This measure narrows the definition of "historic property" and allows historic preservation reviews to be completed in a more streamlined manner.

     Your Committee has amended this measure by 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 15, S.D. 1, H.D. 2.

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

STAND. COM. REP. NO.  1375

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 15

      S.D. 1

      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 S.B. No. 15, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "historic property" under the State's Historic Preservation Program to include only properties that are over fifty years old and:

     (1)  Meet the criteria for being entered into the Hawaii Register of Historic Places; or

     (2)  Have important value to Native Hawaiians or other ethnic groups of the State because of associations with cultural practices formerly or currently carried out at the property, or associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Historic Hawai‘i Foundation; Ko‘olau Foundation; Grassroot Institute of Hawaii; and two individuals.  Your Committee received testimony in opposition to this measure from NAIOP Hawaii.  Your Committee received comments on this measure from the Department of Planning and Permitting of the City and County of Honolulu.

     Your Committee finds that the existing definition of "historic property" is overly broad and does not take into consideration whether a structure, object, or site maintains sufficient integrity and significance to be identified as a "historic property".  Your Committee believes that narrowing the definition to require historic properties to be evaluated on their integrity and significance, rather than just their age, will align the State with the federal definition of "historic property" and streamline historic preservation reviews that require compliance with federal and state historic preservation policies.

     Your Committee has amended this measure by:

     (1)  Removing property that has important value to Native Hawaiians or other ethnic groups of the State from the definition of "historic property";

     (2)  Excluding proposed projects on existing residential property and proposed projects in nominally sensitive areas from the State's Historic Preservation Program review under certain circumstances;

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

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

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 15, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

STAND. COM. REP. NO. 990

Honolulu, Hawaii

RE:    S.B. No. 15

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 15 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "historic property" to require that the property meets the criteria for inclusion in the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups of the State due to associations with cultural practices once carried out, or still carried out, at the property or associations with traditional beliefs, events, or oral accounts that are important to history, traditional practices, and cultural identity.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Historic Hawaiʻi Foundation, and Koʻolau Foundation.

     Your Committee received testimony in opposition to this measure from NAIOP Hawaii.

     Your Committee received comments on this measure from the Grassroot Institute of Hawaii.

     Your Committee finds that historic properties located throughout the State comprise one component of the State's unique cultural history.  However, the existing definition of "historic property" is broad, inadvertently classifying properties as a "historic property" without prerequisite evaluation and consideration to determine the integrity and significance of the property.  This measure will streamline the classification of historic properties statewide to protect a vital source of the State's architectural history.

     Your Committee has amended this measure by:

     (1)  Clarifying the definition of "historic property" to require that the property be over fifty years old and meet certain criteria for inclusion in the Hawaii Register of Historic Places or have important value to Native Hawaiians or other ethnic groups of the State; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 15, S.D. 1.

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

STAND. COM. REP. NO. 361

Honolulu, Hawaii

RE:    S.B. No. 15

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.B. No. 15 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "historic property" to require that the property meets the criteria for inclusion in the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups of the State.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Historic Hawaiʻi Foundation.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Grassroot Institute of Hawaii.

     Your Committee finds that there are qualities besides age that make a historical building significant.  Your Committee further finds that when age alone is used to determine a property's historical value, its relationship to events and people, architectural distinction, and other valuable historic, scientific, and cultural information are overlooked.  Accordingly, this measure amends the definition of "historic property" to ensure that historic properties are also valued for their importance connections to historical events and cultural practices.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

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