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HB1008
HOUSE OF REPRESENTATIVES
H.B. NO.
1008
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HISTORIC
PRESERVATION REVIEWS OF STATE AFFORDABLE HOUSING PROJECTS
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Chapter 6E,
Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately
designated and to read as follows:
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�6E-
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Determination
as to effect of proposed state affordable housing projects; historic review requirements.
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(a)
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Notwithstanding section 6E-8, before any agency or officer of the State or
its political subdivisions commences any affordable housing project that may affect
an historic property, an aviation artifact, or a burial site, the agency or officer
shall advise the department and allow 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, provided that soil type, geographical location, and previous
identification efforts are considered.
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The
project shall not be commenced, or if it has already begun, continued, until the
department has made its determination.
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(1)
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If the department determines that the proposed
project is located in a 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.
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(2)
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If the
department determines that the proposed project is located in a moderately sensitive
area in which no significant historic properties have been previously identified,
the department may allow the project to proceed under an archaeological monitoring
program in accordance with rules adopted by the department.
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(3)
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If the
department determines that the proposed project is located in a 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 allow the project to proceed without further
review under this section.
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The department shall provide its written determination within ninety days
after the filing of a request with the department.
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The department's determinations may be appealed
to the Hawaii historic places review board.
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(b)
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For the purposes of this section, an "affordable housing project"
or "project" is defined as a housing project in which greater than fifty
per cent of the units are affordable to households with incomes at or below one
hundred forty per cent of the area median income amounts published by the United
States Department of Housing and Urban Development applicable to the location of
the project.
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(c)
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The agency or officer of the State
or its political subdivisions shall obtain state inventory of historic places numbers
for all historic properties located within the affordable housing project area prior
to the start of construction.
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(d)
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Before any agency or officer of
the State or its political subdivisions commences any affordable 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
significant historic properties.
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If an adverse
effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse
effect.
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Mitigation may take different forms,
including but not limited to preservation, archaeological data recovery, reburial,
ethnographic documentation, historic data recovery, and architectural recordation.
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The terms under which mitigation will be implemented
shall be approved by the department prior to the agency or officer commencing the
affordable housing project.
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(e)
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If human remains are identified during archaeological
monitoring or affordable housing project construction, all work within the vicinity
of the finding of the remains shall be stopped, although work in other areas of
the project may continue, and may only proceed in accordance with section 6E‑43.6.
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(f)
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If historic property is identified
during archaeological monitoring or affordable housing project construction, all
work within the vicinity of the finding shall be stopped and the agency or officer
shall contact the Hawaii state historic preservation division.
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(g)
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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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(h)
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The department shall adopt rules
in accordance with chapter 91 to implement this section
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SECTION
2.
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New statutory material is underscored.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
DLNR; Review of Proposed State Affordable Housing Projects
Description:
Requires the Department of Land and Natural Resources to determine
the effect of any proposed State affordable housing project within ninety days of
a request for determination.
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Sets forth the
historic review requirements based on the project area
'
s known
historic, cultural,
and archaeological resources.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.