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Office of Planning testimony in support of SB1171 re phased histoic preservation review of certain projects
Office of Planning testimony in support of SB1171 re phased histoic preservation review of certain projects
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Office of Planning testimony in support of SB1171 re phased histoic preservation review of certain projects

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This is a streamlining bill before the State of Hawaii's legislature that would not change the state or county's obligation to consult with the SHPD on "the effect of the proposed project on historic …

This is a streamlining bill before the State of Hawaii's legislature that would not change the state or county's obligation to consult with the SHPD on "the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43." See HRS § 6E-8.

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  • 1. NEIL ABERCROMBIE GOVERNOR OFFICE OF PLANNING JESSE K. SOUKI STATE OF HAWAII DIRECTOR OFFICE OF PLANNING 235 South Beretania Street, 6th Floor, Honolulu, Hawaii 96813 Telephone: (808) 587-2846 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Fax: (808) 587-2824 Web: http://hawaii.gov/dbedt/op/ Statement of JESSE K. SOUKI Director, Office of Planning before the HOUSE COMMITTEE ON FINANCE Monday, April 1, 2013 2:00 PM State Capitol, Conference Room 308 in consideration of SB 1171 SD1 HD1 RELATING TO THE REVIEW OF HISTORIC PRESERVATION PROJECTS. Chair Luke, Vice Chairs Nishimoto and Johanson, and Members of the House Committeeon Finance. The Office of Planning supports SB 1171 SD1 HD1, which allows for the phased reviewof certain projects by the State Historic Preservation Division (SHPD). This is a streamlining bill that does not change the state or countys obligation to consultwith the SHPD on "the effect of the proposed project on historic properties, aviation artifacts, orburial sites, consistent with section 6E-43." See HRS § 6E-8. Instead, the bill makes twoprocedural changes. First, the bill authorizes the phased review of projects that consist of corridors or largeland areas, where access to properties is restricted, or where circumstances dictate thatconstruction be done in stages. Following the Hawaii Supreme Courts decision in Kaleikini v.Yoshioka, 128 Haw. 53 (2012), which invalidated the Honolulu Rail Transit Projects phasedarcheological inventory survey approach, all linear projects could be at risk. However, the Court
  • 2. noted that "regulations implementing the National Historic Preservation Act of 1966 (NHPA)explicitly permit the phased identification and evaluation of historic properties." Id. This billwould make state historic preservation laws consistent with federal historic preservation laws. Second, the bill removes redundancy in agency appeals. Under the current law, if anagency or any person does not agree with SHPDs determination, they may appeal to the HawaiiHistoric Places Review Board (HPRB). If an agency or any person does not agree with theHPRBs decision, they may petition the governor. At that point, the governor may (1) decide thematter based on the record of the HPRB, or (2) ask the Hawaii Advisory Council on HistoricPreservation (ACHP) to prepare a report and then decide. This bill removes the option for thegovernor to ask ACHP for a report. Consequently, duplication of review by the HPRB isremoved from the current process, and the governor is required to act more expeditiously in thesematters. Furthermore, there is no such organization as the “Hawaii” ACHP. There is only a“federal” ACHP. The federal ACHP has no jurisdiction over state decisions made under statelaw. Thank you for the opportunity to provide testimony on this measure.SB1171SD1HD1_BED-OP_04-01-13_FIN -2-

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