CONFERENCE COMMITTEE REP. NO. 174-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1710

H.D. 2

S.D. 2

C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madam and Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1710, H.D. 2, S.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Establish conditions under which a privately owned historic property owner or project proponent may complete a preservation plan, subject to approval by the Department of Land and Natural Resources (DLNR), to guide maintenance intervals and set a timeline for proposed repair or restoration work;

(2) Amend the process and deadlines by which DLNR 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, including what constitutes a complete submittal of a proposed project application; and

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

Your Committee on Conference has amended this measure by:

(1) Amending the definition of "complete submittal";

(2) Instead of allowing a privately owned historic property owner or project proponent to complete a preservation plan under the established conditions, allowing the Department of Land and Natural Resources (DLNR) to base its review on a phased review of the project or long-term maintenance of the property; provided that a programmatic agreement must be executed among DLNR, the property owner, and any project proponent that identifies each phase and the estimated timeline of each phase or the long-term and repeated maintenance activities that are required to preserve the historic property;

(3) Increasing from thirty to thirty-five calendar days the deadline by which DLNR must provide written concurrence or non-concurrence if no historic properties are adversely affected by the proposed construction, alteration, disposition, or improvement, after DLNR has processed a complete submittal filed by the property owner;

(4) Allowing a property owner to assume DLNR's concurrence for a proposed project and to move to the next step in the compliance process if DLNR, after receiving and certifying a true and complete submittal from the property owner, fails to provide written concurrence or non-concurrence within ninety calendar days, or within thirty-five calendar days if no historic properties are adversely affected by the proposed project;

(5) Allowing a property owner to commence a project and exempting the project from further review by DLNR, except under certain circumstances, if DLNR fails to timely provide non-concurrence;

(6) Increasing from thirty to thirty-five calendar days the deadline by which DLNR must provide written concurrence or non-concurrence if no historic properties are adversely affected by a proposed project that requires state or county approval of an entitlement for use, after the filing of a request with DLNR by the state or county agency;

(7) Allowing a state or county agency to assume DLNR's concurrence for a proposed project and allowing the project to move to the next step in the compliance process if DLNR, upon receiving and certifying a true and complete submittal from the state or county agency, fails to provide written concurrence or non-concurrence within ninety calendar days, or within thirty-five calendar days if no historic properties are adversely affected by the proposed project;

(8) Allowing a state or county agency to commence a project and exempting the project from further review by DLNR, except under certain circumstances, if DLNR fails to timely provide non-concurrence;

(9) Amending the conditions under which an application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse is subject to the requirements of section 6E-42, Hawaii Revised Statutes, to apply only if a unit or townhouse is over fifty years old and to include cases in which the proposed project includes ground-disturbing activity on a property that contains previously identified burials or cemeteries;

(10) Changing its effective date to July 1, 2026; and

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

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

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ CHRIS LEE Chair	____________________________ MARK J. HASHEM Co-Chair
____________________________ KARL RHOADS Co-Chair	____________________________ LUKE A. EVSLIN Co-Chair
	____________________________ TYSON K. MIYAKE Co-Chair