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Committee adopts third‑party review option for historic‑preservation reviews with SB1002 language
Summary
The Senate Committee on Water and Land and Housing replaced HB 830 HD2 text with language from SB1002 and passed it with amendments after hearing SHPD concerns about staffing, monitoring and liability for third‑party consultants and testimony from OHA, environmental groups and developers.
The Senate committees considered HB 830 HD2 on March 18, 2025, a bill that would require the Department of Land and Natural Resources’ State Historic Preservation Division (SHPD) to contract third‑party consultants for historic‑preservation reviews when SHPD cannot complete a review within 60 days.
Jessica Puff, SHPD administrator, told the committee that third‑party review could help speed approvals but flagged implementation questions about contracting procedures, quality control and the staff workload to monitor outside reviewers. Puff and other witnesses recommended adopting the companion senate language (SB1002) to address liability and availability issues. She said the companion version clarifies that third‑party reviewers must meet professional qualifications and that SHPD would retain responsibility for the final determination letter signed by the agency.
Why it matters: Proponents said third‑party reviews would reduce bottlenecks that delay housing and recovery projects, while opponents cautioned that a small pool of qualified archaeologists and preservation professionals and inadequate guardrails could undermine review quality and the public interest in protecting cultural resources.
Key exchanges: Senator Hashimoto asked whether liability and guardrails had been addressed; Puff said SB1002 includes language that maintains SHPD liability for determinations issued after third‑party review and provides a path if a qualified consultant is not available. Office of Hawaiian Affairs and Sierra Club speakers urged caution, noting resource limits and the need to preserve robust review for culturally sensitive sites.
Outcome: The committee voted to replace HB 830 language with the SB1002 text and passed the measure with amendments that incorporate provisions intended to manage liability and ensure professional qualifications for reviewers. The committee directed that fee schedules and implementation details be established to make the option operational.
Next steps: Agencies will need to post fee schedules, update application systems (HyCREST) to allow applicants to opt into third‑party review, and staff will continue recruiting to fill vacant positions mentioned during testimony.
