Hawaii 2025 Regular Session

Hawaii Senate Bill SB1002

Introduced
1/17/25  
Refer
1/23/25  
Report Pass
2/14/25  
Refer
2/14/25  
Report Pass
2/28/25  
Engrossed
3/4/25  
Refer
3/6/25  
Report Pass
3/14/25  
Refer
3/14/25  
Report Pass
3/20/25  
Refer
3/20/25  

Caption

Relating To Affordable Housing.

Summary

SB1002 is an affordable housing and historic preservation bill that seeks to speed up review of certain housing projects by the State Historic Preservation Division (SHPD) within the Department of Land and Natural Resources. The bill finds that Hawaiʻi faces a severe housing shortage and that SHPD’s review workload has created long backlogs, especially for archaeology-related project reviews. To address that, the bill requires SHPD, under specified conditions, to contract the review and comment process for proposed state projects and projects affecting historic properties to qualified third-party consultants when the project is intended to produce affordable housing and SHPD cannot complete review within 60 days. The bill sets qualifications and conflict-of-interest rules for consultants, requires consultants to provide recommendations within 30 days of retention, and makes the project proponent responsible for the full cost of the consultant. It excludes projects using federal funds from this expedited third-party process. The measure also requires DLNR to publish proposed implementing rules within one year, then present final rules to the Board of Land and Natural Resources, and it appropriates general funds for recruitment and retention of qualified consultants. The new provisions would take effect on July 1, 2027, and sunset on July 1, 2032, when the prior statutory language would be restored. The bill’s impact on state law is to amend Hawaii Revised Statutes sections 6E-8 and 6E-42, which govern historic preservation review of state projects and other proposed projects affecting historic properties, aviation artifacts, and burial sites. It adds a new alternative review pathway for affordable housing projects, shifting some SHPD review work to outside professionals while preserving the department’s oversight role. It also creates a temporary statutory framework, rulemaking deadlines, and a funding mechanism to support implementation. The general sentiment reflected in the voting history appears strongly supportive and noncontroversial at the committee level: the bill passed the Senate Hawaiian Affairs, Water and Land, Judiciary, and Ways and Means committees unanimously or near-unanimously, all with amendments. That pattern suggests broad agreement that the housing backlog is a serious problem and that expedited review could help increase affordable housing production. The absence of recorded opposition in the provided materials also points to a generally favorable reception. The main point of contention implied by the bill’s structure is the balance between accelerating housing development and protecting historic and cultural resources. Supporters appear to favor using third-party consultants to reduce delays, while the bill’s safeguards—qualification standards, conflict restrictions, phased review options, and continued SHPD oversight—reflect concern about preserving the integrity of historic preservation review. Another practical issue is cost allocation, since the bill requires project proponents to pay consultant fees, which may be viewed as necessary for implementation but could be a burden for some developers or housing sponsors.

Impact

SB1002 would amend Hawaii’s historic preservation review statutes to create a temporary expedited review process for affordable housing projects that may affect historic properties, aviation artifacts, or burial sites. Under specified conditions, DLNR’s State Historic Preservation Division would be required to retain qualified third-party consultants to perform review and comment when SHPD cannot act within 60 days, with the project proponent paying the consultant costs. The bill also requires rulemaking and appropriates funds for consultant recruitment and retention, while excluding projects using federal funds and repealing the new provisions in 2032 unless extended.

Sentiment

The available voting history indicates strong support for the bill. It passed multiple Senate committees with amendments and no recorded dissent in the provided votes, suggesting broad agreement that the housing shortage and SHPD backlog justify a temporary expedited review mechanism. The overall tone is pragmatic and pro-housing, while still retaining historic preservation safeguards.

Contention

The central tension is between speeding affordable housing approvals and preserving historic and cultural resources. Critics or cautious observers may worry that outsourcing review could weaken preservation oversight, create conflicts of interest, or reduce scrutiny of projects affecting historic properties and burial sites. The bill addresses those concerns by requiring consultant qualifications, barring consultants with prior involvement in the project, allowing contract termination for poor performance, and keeping SHPD as the decision-maker. A secondary point of contention is cost, because the bill shifts full consultant fees to the project proponent, which may be acceptable for some housing sponsors but burdensome for others.

Companion Bills

No companion bills found.

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