Bill Text: HI HB1901 | 2024 | Regular Session | Amended

Hawaii House Bill 1901

HI State Legislature page for HB1901

Bill Title: Relating To Historic Preservation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-14 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB1901 Detail]

Download: Hawaii-2024-HB1901-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1901
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

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 a heiau and an underwater site, [~~which~~] that is over [~~fifty~~]:

(1) Fifty years old[.] and meets the criteria to be placed onto 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 being carried out, at the property or due to associations with traditional beliefs, events, or oral accounts that are important to the group's history, traditional practices, and cultural identity; or

(2) One hundred years old."

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 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) State projects on a state-owned building shall not be subject to the department's review unless the affected property:

(1) Is more than one hundred years old;

(2) Is listed on the Hawaii register of historic places or national register of historic places; or

(3) Has a pending application to be added to the Hawaii register of historic places or national register of historic places.

[~~(d)~~] (e) The department shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 3. (a) The department of accounting and general services shall conduct a comprehensive survey and inventory of all state-owned buildings to evaluate and nominate potentially eligible buildings for listing on the Hawaii register of historic places or national register of historic places.

(b) No later than December 1, 2029, the department of accounting and general services shall:

(1) Complete the comprehensive survey and inventory required in subsection (a); and

(2) Submit a report of its findings and recommendations, including any proposed legislation, to the legislature.

SECTION 4. 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 2024-2025 for the department of accounting and general services to conduct the comprehensive survey and inventory required in section 3(a) of this Act.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

Report Title:

State Historic Preservation Program; Historic Property; Department of Accounting and General Services; Comprehensive Survey and Inventory; Appropriation; Expenditure Ceiling

Description:

Amends the definition of "historic property" for purposes of the historic preservation program. Exempts state projects on state-owned buildings from state historic preservation division review unless the affected property is more than one hundred years old or on or being added to the Hawaii register of historic places or national register of historic places. Requires the department of accounting and general services to conduct a comprehensive survey and inventory of all state-owned buildings within five years to evaluate and nominate potentially eligible buildings for listing on the Hawaii register of historic places or national register of historic places. Appropriates funds. 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.