A bill aimed at speeding up historical preservation reviews was approved by its first committee on Tuesday.
House Bill 202 would require the Department of Land and Natural Resources State Historic Preservation Division (SHPD) to outsource its review of proposed state projects involving historic properties to outside consultants if the department cannot complete the review within 60 days .
The inspections required by state law play an essential role in the protection and stewardship of the state’s historic sites, burial sites and aviation artifacts, the measure said. However, they also result in significant delays in obtaining approvals because the department is “unable to process the overwhelming volume of submissions for review.”
“As a result, much-needed housing, economic development and critical infrastructure projects often face significant delays in permitting and project implementation,” states House Bill 202.
To “encourage more timely reviews of projects,” the bill proposes that SHPD — subject to approval by the appropriate island burial council — contract out its review of proposed government projects, projects on privately owned historical property and projects affecting historical property to third parties. Party adviser if he cannot complete the review within 60 days.
Additionally, a third party hired to perform the verification would need to complete the process within 30 days.
Presented by Oahu Reps. Linda Ichiyama and Micah Aiu and Maui Rep. Troy Hashimoto, all Democrats, Bill 202 passed its first reading in the House on Jan. 19 and was scheduled for hearing before the Water and Land, Judiciary and Hawaiian Affairs Committees and finance.
On Tuesday, the Water and Land Committee took up the measure and heard testimonies from five entities. All but one offered contributions supporting the proposed legislation.
The General Contractors Association of Hawaii, NAIOP (Commercial Real Estate Development Association Hawaii Chapter), Associated Builders and Contractors Hawaii Chapter, and the Building Industry Association of Hawaii each asked the committee to pass the measure, noting that the backlog at the reviews must be addressed .
“Currently, the backlog of historical reviews is weighing on permits across the state. As a result, much-needed housing, economic development and critical infrastructure projects often face significant delays in permitting and project implementation,” Jennifer Camp, NAIOP President. “NAIOP recognizes the importance of these reviews to the preservation of Hawaii’s historical and cultural sites, but a balance must be struck to increase efficiency while maintaining the quality of the reviews.”
Camp asked the committee to consider amending the bill to eliminate the funeral council’s approval of the outside consultant — dubbed “double” — and require SHPD to retain an outside consultant no later than 60 days after an application is filed.
The Honolulu-based nonprofit Historic Hawaii Foundation recommended delaying the bill due to ambiguity in policy and proposed direction, as well as the “availability of simpler and more direct solutions.”
“Rather than introducing an entirely new bureaucracy to the process, the Historic Hawaii Foundation recommends that SHPD be provided with the resources in manpower, technology, equipment and training to do the job it is entrusted with. If the department is fully staffed and supported, the issues of timeliness and quality of reviews would be addressed at source, and the proposed workaround is moot,” Kiersten Faulkner, executive director, wrote in late testimony.
The Water and Land Committee eventually moved to continue discussion of the bill and voted 8-0 to pass it with amendments. Changes added on Tuesday include an “empty appropriation” that would allow SHPD to hire staff, a new effective date and a change to the wording of the bill to give SHPD some discretion.
“I will also be changing throughout the bill from the language that would mandate SHPD to mandate a third party to ‘may’ so that it is permissible and they have the ability and discretion to choose that third party review.” said Ichiyama, one of the bill’s introducers and chair of the House Committee on Water and Land.
The bill’s next stop is in House for a reading and vote before it can be scheduled for a hearing before the House Committee on Judiciary and Hawaiian Affairs.