THE SENATE S.B. NO. 79 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT relating to historic preservation reviews. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 79
THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
STATE OF HAWAII
THE SENATE
S.B. NO.
79
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
relating to historic preservation reviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§6E- Proposed state housing projects; historic review requirements. (a) Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any housing project that may affect a historic property, an aviation artifact, or burial site, the agency or officer shall advise and authorize 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. The project shall not commence or continue until the department has made its determination; provided that, if the department determines that the proposed project is in a: (1) 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, in which case the department may allow the project to proceed under an archaeological monitoring program pursuant to rules adopted by the department; (2) Moderately sensitive area where an archaeological inventory survey has already been previously reviewed and accepted by the department and no significant historic properties have been previously identified, the department may authorize the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department; or (3) 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 authorize 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 complete and accurate project request with the department; provided that the department's determination may be appealed to the Hawaii historic places review board. (b) The department shall confirm that housing projects have state inventory of historic places numbers for all historic properties located within the housing project area before the start of construction. (c) A project proponent shall obtain state inventory of historic places numbers from the state historic preservation division for all historic properties within a housing project area if an archaeological or architectural survey is conducted as part of the historic preservation review process. If an archaeological inventory survey is conducted before the start of construction, the project proponent shall obtain state inventory of historic places numbers for each historic property identified within the housing project area during archaeological monitoring before completion of construction. (d) Before any agency or officer of the State or its political subdivisions commences any 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 the significant historic property. If any adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect. Mitigation includes but is not limited to preservation, archaeological data recovery, burial treatment, ethnographic documentation, historic data recovery, and architectural recordation. Mitigation shall be implemented pursuant to terms approved by the department. (e) If previously unidentified human remains are inadvertently discovered during archaeological monitoring or housing project construction, all work within: (1) A twenty-foot radius of the discovery; and (2) A twenty-foot radius of the back-dirt pile containing the soil removed during excavation in proximity of the discovery, shall be stopped and both areas shall be securely covered and protected from the natural elements and adjacent activities; provided that work in other areas of the project may continue and may only proceed in accordance with section 6E-43.6. (f) If a previously unidentified historic property is identified or previously unanticipated effects are found after the historic preservation review process has concluded during archaeological monitoring or housing project construction, all work within a twenty-foot radius of the discovery shall cease and the agency or officer shall notify the state historic preservation division within forty-eight hours of the discovery. The notification shall include: (1) A historic properties assessment that documents the historic or cultural resource and determines its significance; (2) An assessment of effect that shall detail any impacts the project has had or will have on the historic or cultural resource; and (3) Proposed actions that may be taken to avoid, minimize, or mitigate any adverse effects the project may have on the historic or cultural resource. The state historic preservation division shall respond to the notification within two working days. (g) Upon completion of any identified avoidance, minimization, and mitigation measures, the agency or officer shall submit a report to the state historic preservation division documenting the actions taken. (h) The department shall adopt rules in accordance with chapter 91 to implement this section. (i) For the purposes of this section, "housing project" or "project" means a housing project that is developed by, receiving financing from, or situated on land owned by the State or a county." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval.
SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§6E- Proposed state housing projects; historic review requirements. (a) Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any housing project that may affect a historic property, an aviation artifact, or burial site, the agency or officer shall advise and authorize 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. The project shall not commence or continue until the department has made its determination; provided that, if the department determines that the proposed project is in a:
(1) 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, in which case the department may allow the project to proceed under an archaeological monitoring program pursuant to rules adopted by the department;
(2) Moderately sensitive area where an archaeological inventory survey has already been previously reviewed and accepted by the department and no significant historic properties have been previously identified, the department may authorize the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department; or
(3) 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 authorize 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 complete and accurate project request with the department; provided that the department's determination may be appealed to the Hawaii historic places review board.
(b) The department shall confirm that housing projects have state inventory of historic places numbers for all historic properties located within the housing project area before the start of construction.
(c) A project proponent shall obtain state inventory of historic places numbers from the state historic preservation division for all historic properties within a housing project area if an archaeological or architectural survey is conducted as part of the historic preservation review process. If an archaeological inventory survey is conducted before the start of construction, the project proponent shall obtain state inventory of historic places numbers for each historic property identified within the housing project area during archaeological monitoring before completion of construction.
(d) Before any agency or officer of the State or its political subdivisions commences any 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 the significant historic property. If any adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect. Mitigation includes but is not limited to preservation, archaeological data recovery, burial treatment, ethnographic documentation, historic data recovery, and architectural recordation. Mitigation shall be implemented pursuant to terms approved by the department.
(e) If previously unidentified human remains are inadvertently discovered during archaeological monitoring or housing project construction, all work within:
(1) A twenty-foot radius of the discovery; and
(2) A twenty-foot radius of the back-dirt pile containing the soil removed during excavation in proximity of the discovery,
shall be stopped and both areas shall be securely covered and protected from the natural elements and adjacent activities; provided that work in other areas of the project may continue and may only proceed in accordance with section 6E-43.6.
(f) If a previously unidentified historic property is identified or previously unanticipated effects are found after the historic preservation review process has concluded during archaeological monitoring or housing project construction, all work within a twenty-foot radius of the discovery shall cease and the agency or officer shall notify the state historic preservation division within forty-eight hours of the discovery.
The notification shall include:
(1) A historic properties assessment that documents the historic or cultural resource and determines its significance;
(2) An assessment of effect that shall detail any impacts the project has had or will have on the historic or cultural resource; and
(3) Proposed actions that may be taken to avoid, minimize, or mitigate any adverse effects the project may have on the historic or cultural resource.
The state historic preservation division shall respond to the notification within two working days.
(g) Upon completion of any identified avoidance, minimization, and mitigation measures, the agency or officer shall submit a report to the state historic preservation division documenting the actions taken.
(h) The department shall adopt rules in accordance with chapter 91 to implement this section.
(i) For the purposes of this section, "housing project" or "project" means a housing project that is developed by, receiving financing from, or situated on land owned by the State or a county."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title: DLNR; DHHL; Housing Projects; Historical Review Description: Requires the Department of Land and Natural Resources to determine the effect of any certain proposed housing projects within ninety days of a request for determination. Establishes historical review requirements based on the project area's known historic, cultural, and archaeological resources. Establishes procedures and notification requirements if previously unidentified human remains or previously unidentified historic or cultural resources are discovered. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
DLNR; DHHL; Housing Projects; Historical Review
Description:
Requires the Department of Land and Natural Resources to determine the effect of any certain proposed housing projects within ninety days of a request for determination. Establishes historical review requirements based on the project area's known historic, cultural, and archaeological resources. Establishes procedures and notification requirements if previously unidentified human remains or previously unidentified historic or cultural resources are discovered. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.