STAND. COM. REP. NO. 683

Honolulu, Hawaii

, 2023

RE: H.B. No. 202

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 202, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"

begs leave to report as follows:

The purpose of this measure is to authorize the State Historic Preservation Division of the Department of Land and Natural Resources 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 Division is unable to complete its review within sixty days.

Your Committee received testimony in support of this measure from the Department of Design and Construction of the City and County of Honolulu; Associated Builders and Contractors, Hawaii Chapter; NAIOP Hawaii; and Maui Chamber of Commerce. Your Committee received comments on this measure from the Department of Land and Natural Resources and one individual.

Your Committee finds that State Historic Preservation Division's review of proposed projects is an important safeguard to ensure that historic properties and cultural resources are identified and appropriate treatment measures are in place during planning and design work, which then limits surprises or delays during construction. However, the existing process for reviewing projects has faced a severe backlog. This measure will alleviate that backlog by allowing a third-party consultant to complete timely reviews when the State Historic Preservation Division is unable to do so.

Your Committee has amended this measure by:

(1) Deleting language requiring the Department of Land and Natural Resources to obtain approval from the appropriate island burial council before retaining the services of a third-party consultant; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 202, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 202, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair