Hawaii 2022 Regular Session

Hawaii Senate Bill SB2912 Compare Versions

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11 THE SENATE S.B. NO. 2912 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to affordable housing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3737 relating to affordable housing.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4747 SECTION 1. The legislature finds that the State faces an unprecedented economic crisis due to the coronavirus disease 2019 (COVID-19) pandemic, which decimated Hawaii's economy and caused its gross domestic product to plummet. By some measures, Hawaii's economy was hit harder than any other state in the nation. The legislature also finds that this drastic decline in economic activity disproportionately affected the State's most vulnerable populations. The pandemic forced the shutdown of many sectors of the State's economy, triggering mass layoffs and furloughs and causing the State's seasonally adjusted unemployment to surge from 2.4 per cent in March 2020 to a historical high of 22.3 per cent in April 2020. Although the State's economy has improved with the dissemination of COVID-19 vaccines, the State still has one of the highest unemployment rates in the nation. It is estimated the State will continue to feel the economic impacts of the pandemic for many years to come. The legislature further finds that, even before the pandemic, renter households in the State already suffered from deleteriously high housing cost burdens, and the economic impacts of the COVID-19 pandemic significantly exacerbated this situation. Data from the university of Hawaii economic research organization (UHERO) showed that in 2020, more than eleven thousand Hawaii tenants fell behind on their rent payments, and forty per cent of rental tenants lost their jobs. Modeling from UHERO shows that even in a best-case scenario, the number of individuals facing homelessness will continue to rise in the face of the pandemic. UHERO concluded that, from a policy standpoint, "doing nothing is not a viable option." Accordingly, the legislature finds that it must take immediate action to mitigate the affordable housing crisis through legislation. The purpose of this Act 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 affecting historic properties to third party consultants if the projects involve the development of affordable housing, and 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) Whenever the proposed state project involves a development where at least eighty per cent of the units are 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 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. The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant. (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 experiences standards as well as the qualifications for preservation professionals as determined by the state historic preservation division rules. [(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) Whenever the construction, alteration, disposition, or improvement relates to a development where at least eighty per cent of the units are 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 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; (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. The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant. (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 experiences standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division. [(e)] (g) The department or the third party consultant, as applicable, may enter, solely in performance of [its] the department's 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) Whenever the project involves a development where at least eighty per cent of the units are 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) if, after an initial evaluation, the department determines that: (1) It will not be able to provide its review and comment within sixty days of being advised pursuant to subsection (a); (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). The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant. (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 experiences standards as well as the qualifications for preservation professionals pursuant to 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. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. The legislature finds that the State faces an unprecedented economic crisis due to the coronavirus disease 2019 (COVID-19) pandemic, which decimated Hawaii's economy and caused its gross domestic product to plummet. By some measures, Hawaii's economy was hit harder than any other state in the nation.
5050
5151 The legislature also finds that this drastic decline in economic activity disproportionately affected the State's most vulnerable populations. The pandemic forced the shutdown of many sectors of the State's economy, triggering mass layoffs and furloughs and causing the State's seasonally adjusted unemployment to surge from 2.4 per cent in March 2020 to a historical high of 22.3 per cent in April 2020. Although the State's economy has improved with the dissemination of COVID-19 vaccines, the State still has one of the highest unemployment rates in the nation. It is estimated the State will continue to feel the economic impacts of the pandemic for many years to come.
5252
5353 The legislature further finds that, even before the pandemic, renter households in the State already suffered from deleteriously high housing cost burdens, and the economic impacts of the COVID-19 pandemic significantly exacerbated this situation. Data from the university of Hawaii economic research organization (UHERO) showed that in 2020, more than eleven thousand Hawaii tenants fell behind on their rent payments, and forty per cent of rental tenants lost their jobs. Modeling from UHERO shows that even in a best-case scenario, the number of individuals facing homelessness will continue to rise in the face of the pandemic. UHERO concluded that, from a policy standpoint, "doing nothing is not a viable option."
5454
5555 Accordingly, the legislature finds that it must take immediate action to mitigate the affordable housing crisis through legislation.
5656
5757 The purpose of this Act 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 affecting historic properties to third party consultants if the projects involve the development of affordable housing, and the department will not be able to complete its review within sixty days.
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5959 SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended to read as follows:
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6161 "§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:
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6363 (1) The proposed project consists of corridors or large land areas;
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6565 (2) Access to properties is restricted; or
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6767 (3) Circumstances dictate that construction be done in stages,
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6969 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.
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7171 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.
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7373 (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.
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7575 (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.
7676
7777 (d) Whenever the proposed state project involves a development where at least eighty per cent of the units are 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 described under subsection (a) if, after an initial evaluation, the department determines that:
7878
7979 (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;
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8181 (2) The third party consultant has the qualifications and experience to conduct the review pursuant to subsection (e); and
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8383 (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.
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8585 The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant.
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8787 (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 experiences standards as well as the qualifications for preservation professionals as determined by the state historic preservation division rules.
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8989 [(d)] (f) The department shall adopt rules in accordance with chapter 91 to implement this section."
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9191 SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
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9393 "§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:
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9595 (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;
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9797 (2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
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9999 (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.
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101101 (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.
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103103 (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.
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105105 (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.
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107107 (e) Whenever the construction, alteration, disposition, or improvement relates to a development where at least eighty per cent of the units are 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 described under subsection (a) if, after an initial evaluation, the department determines that:
108108
109109 (1) It will not be able to provide its written concurrence or non-concurrence within sixty days of the landowner's notification;
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111111 (2) The third party consultant has the qualifications and experience to conduct the review pursuant to subsection (f); and
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113113 (3) The third party consultant will contract to provide a recommendation to the department within thirty days of the landowner's notification.
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115115 The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant.
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117117 (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 experiences standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division.
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119119 [(e)] (g) The department or the third party consultant, as applicable, may enter, solely in performance of [its] the department's 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."
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121121 SECTION 4. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
122122
123123 "§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:
124124
125125 (1) The proposed project consists of corridors or large land areas;
126126
127127 (2) Access to properties is restricted; or
128128
129129 (3) Circumstances dictate that construction be done in stages,
130130
131131 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.
132132
133133 (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.
134134
135135 (c) Whenever the project involves a development where at least eighty per cent of the units are 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) if, after an initial evaluation, the department determines that:
136136
137137 (1) It will not be able to provide its review and comment within sixty days of being advised pursuant to subsection (a);
138138
139139 (2) The third party consultant has the qualifications and experience to conduct the review required by subsection (d); and
140140
141141 (3) The third party consultant will contract to provide a recommendation to the department within thirty days of being advised pursuant to subsection (a).
142142
143143 The department shall obtain the approval of the appropriate island burial council prior to contracting to retain the services of the third party consultant.
144144
145145 (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 experiences standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division.
146146
147147 [(c)] (e) The department shall adopt rules in accordance with chapter 91 to implement this section."
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149149 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.
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151151 SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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153153 SECTION 7. This Act shall take effect upon its approval.
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157157 INTRODUCED BY: _____________________________
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159159 INTRODUCED BY:
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161161 _____________________________
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167167 Report Title: Affordable Housing; State Historic Preservation Division; Island Burial Council Description: Requires the State Historic Preservation Division 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 60 days. Requires the pre-approval of the appropriate island burial council before contracting with the third party consultant. Establishes requirements for qualified third parties providing review services. 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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173173 Report Title:
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175175 Affordable Housing; State Historic Preservation Division; Island Burial Council
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179179 Description:
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181181 Requires the State Historic Preservation Division 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 60 days. Requires the pre-approval of the appropriate island burial council before contracting with the third party consultant. Establishes requirements for qualified third parties providing review services.
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189189 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.