Bill Text: HI SB2680 | 2020 | Regular Session | Introduced
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-27 - Referred to LCA/PSM, JDC. [SB2680 Detail]
Download: Hawaii-2020-SB2680-Introduced.html
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THE SENATE |
S.B. NO. |
2680 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many affordable housing projects are delayed because of the state historic preservation division's inability to efficiently and effectively provide necessary reviews to ensure compliance with state historic preservation law. The purpose of this Act is to authorize the counties to employ qualified archaeologists to perform necessary reviews under chapter 6E, Hawaii Revised Statutes.
SECTION 2. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects[.]; approval;
expedited hearing. (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 may
affect historic property, aviation artifacts, or a burial site, the agency or
office shall [advise] give notice to the department [and prior
to any approval] of the project to allow the department or a qualified
archaeologist employed by the county in which the project is located 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] department or archaeologist'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 archaeological review and comment required
by this section may be delegated to a qualified archaeologist employed by the county
in which the project is located with the approval of the department.
(d) As used in this section, "qualified archaeologist"
means the principal investigator for the project with the following qualifications:
(1) A graduate degree
from an accredited institution in archaeology or anthropology with a specialization
in archaeology;
(2) At least one year
of cumulative archaeological experience in Hawaii or the Pacific region;
(3) At least four months
of supervised archaeological finds and analytical experience in Hawaii; and
(4) A demonstrated knowledge
of historic preservation laws, rules, and guidelines.
(e) The department shall approve, approve with modification,
or disapprove an archaeological review within thirty days of submission of a completed
review. If, on the thirty-first day, a review
is not approved, approved with modification, or disapproved by the department, the
review shall be deemed approved.
(f) A person aggrieved by the findings and recommendation
of an archaeological review may bring an action against the department. The circuit court in which the complaint is made
shall have jurisdiction over the action brought under this section. Except as to cases the court considers of greater
importance, proceedings brought under this section shall take precedence and shall
be expedited in every way.
[(c)] (g) The department shall adopt rules in accordance
with chapter 91 to implement this section."
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.
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INTRODUCED BY: |
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Report Title:
Counties; Archaeologist; Historic Preservation; Review
Description:
Authorizes the counties to employ qualified archaeologists to perform necessary reviews under chapter 6E, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
