STAND. COM. REP. NO. 3767

Honolulu, Hawaii

RE: H.B. No. 1710

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1710, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize the State Historic Preservation Division (SHPD) to conduct a phased review of a proposed project on private property under certain circumstances;

(2) Amend the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use; and

(3) Clarify when an application for a proposed project on an existing privately-owned residential property shall be subject to the requirements of section 6E-42, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Hawaiian Affairs; Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; Oʻahu Historic Preservation Commission; one member of the Kauaʻi County Council; one member of the Maui County Council; Housing Hawaiʻi's Future; Land Use Research Foundation of Hawaii; Kahua O Kakou Corporation; Hawaiʻi Association of REALTORS; Maui Chamber of Commerce; NAIOP Hawaii; ABC Stores; Koʻolau Foundation; Nohopapa Hawaiʻi, LLC; Hawaiʻi Land Trust; Protect Keopuka Ohana; Maui Hotel and Lodging Association; Avalon Development Company; Kuaʻāina Ulu ʻAuamo; and nineteen individuals.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee received comments on this measure from the Grassroot Institute of Hawaii and Society for Hawaiian Archaeology.

Your Committee finds that chapter 6E, Hawaii Revised Statutes, provides the framework for a comprehensive statewide historic preservation program, including the review process, which ensures project proponents consider their projects' impact on historic properties and iwi kupuna. The Simplifying Permitting for Enhanced Economic Development Task Force recently identified ambiguities and inconsistencies that contribute to preventable delays in the historic preservation review process. By clarifying and streamlining this review process, this measure will expedite the completion of historic preservation projects while maintaining consistency with existing federal preservation program best practices.

Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1710, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1710, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair