WeVote
Log In

Bill

Bill

GM 1176

Informing the Legislature that on June 3, 2026, the Governor signed the following bill into law: HB1710 HD2 SD2 CD1 (ACT 076).

2026 Regular Session

The law establishes phased, programmatic reviews for projects affecting historic properties and related sites, balancing faster large-scale development with stronger protections.

Received.
#act076
0
WeVote Research Nonpartisan
Bill Summary · GM 1176

Summary of GM 1176 (HB1710 CD1, Act 076) — Hawaii Historic Preservation

This legislative summary explains the main purpose, key provisions, who is affected, and procedural/timeline aspects of the bill signed into law on June 3, 2026.

Purpose and intent

  • The bill relates to historic preservation in Hawaii. It updates and clarifies processes for review, consultation, and approval of projects that may affect historic properties, aviation artifacts, or burial sites, with emphasis on private development and mass transit-oriented development contexts.
  • It introduces streamlined (phased or programmatic) review mechanisms for large or multi-phase projects, while preserving opportunities to protect Hawaiian history and cultural resources.

Key provisions and changes

Definitions and submittal requirements

  • Amends the definition of “complete submittal” in the Hawaii Revised Statutes (HRS) section 6E-2 to specify the components of a complete project submittal, including:
    • Submittal form and an application number
    • Site plan with ground disturbance locations
    • Written scope of work detailing ground disturbance dimensions
    • Photographs of the property and elevations
    • A project area map and related documentation (previous surveys, literature reviews, field inspections, or windshield surveys)
    • For projects under section 6E-42, building permit applications
    • Documentation of consultation with the Office of Hawaiian Affairs for high-potential impact projects

Privately owned historic property project reviews

  • Amends HRS §6E-10 to allow phased reviews for private projects that affect historic properties, including:
    • Conditions for phasing when corridors/large areas are involved, access is restricted, or work must be staged for preservation
    • A programmatic agreement among the department, the property owner, and the project proponent detailing each phase and timeline, or long-term maintenance actions
    • A deadline for the department to provide written concurrence or non-concurrence (90 days; or 35 days if no properties are adversely affected)
    • A five-business-day window for the department to certify a complete submittal
    • Provisions for discovery of new effects or burial sites and required actions
    • Provisions for if the department fails to respond timely, allowing the owner to proceed, subject to later review or mitigation

State and county project reviews (6E-42)

  • Updates the process for state agencies and political subdivisions to review projects that may affect historic properties, aviation artifacts, or burial sites, including:
    • Requirement for lead agencies to obtain department review/comments
    • Phased reviews accepted with a programmatic agreement identifying phases and timelines
    • Timelines for department concurrence or non-concurrence (90 days; 35 days if no adverse properties)
    • Tolling of review periods if submittals are incomplete, with restart upon completeness
    • Post-concurrence actions and continuing mitigation requirements if changes occur
    • Public notice regarding project proposals not subject to public hearings

Third-party review and funding (6E-42 and related)

  • Allows for use of third-party consultants (architects, archaeologists, etc.) when necessary, with:
    • Qualifications and ethics adherence
    • Fee arrangements borne by the project proponent (or through eligible non-profit or government entities)
    • A potential expedited path for programmatic reviews near mass transit hubs

Mass transit-focused provisions

  • Requires coordination with counties and the Hawaii Community Development Authority (HCDA) to identify parcels near mass transit stations for programmatic review of majority-residential mixed-use or residential transit-oriented development (TOD/R TOD).
  • Sets timelines for classification of parcels/rights-of-way by risk level (high to low) across architecture, archaeology, and history/culture.
  • Requires agreements on permitting memoranda and best practices, including archaeological field surveys, excavations, or monitoring.
  • Provides streamlined pathways where risk is low, subject to meeting certain conditions and substantial construction by June 30, 2036.
  • Establishes criteria for when future permits may bypass department review if all categories show lower risk and project meets TOD-infrastructure criteria and milestones.
  • Requires rules to implement these provisions and emphasizes continued reference to best practices for development near historic resources.

Section-specific clarifications

  • Section 6E-42.2(a) narrows or adjusts applicability for existing single-family or townhouse projects, focusing on properties that are historic or over 50 years old, and when ground-disturbing activities occur.
  • The act includes standard transitional provisions and clarifications about effective dates and interplay with Act 306 (2025).

Affected parties and scope

  • Private landowners and developers undertaking projects that may affect historic properties, including residential, mixed-use, and infrastructure-related developments.
  • State agencies, counties, and the HCDA involved in permitting, especially near mass transit stations.
  • The Office of Hawaiian Affairs and related cultural resource stakeholders (for consultation on high-impact projects).
  • Third-party consultants and preservation professionals engaged to perform reviews.

Procedural and timeline aspects

  • Complete submittal processing:

    • Department certifies complete submittal within five business days of filing.
    • Department provides concurrence/non-concurrence within 90 days (or 35 days if no adverse effects found).

  • Phased reviews:

    • Programmatic agreements specify phase timelines; allows progress to subsequent steps after concurrence.

  • Incomplete information tolling:

    • Review period tolled if additional information is needed; restarts once complete submittal is received.

  • Remedies for delays:

    • If changes occur post-review, notification and department response within specified windows (e.g., 5 business days for assessment).

  • Effective date:

    • Act takes effect July 1, 2026, with certain amendments linked to prior Act 306 (2025) taking effect earlier; specific reenactment timing for some subsections extends through June 30, 2030.

Practical impact

  • A more explicit, phased approach aims to balance efficient project timelines with robust protections for historic properties, burial sites, and aviation artifacts.
  • Programmatic reviews are encouraged for large-scale, residential-focused transit-oriented development near mass transit hubs.
  • Public disclosure and stakeholder consultation are reinforced, with clearer timelines for department responses and conditions for continuing or modifying projects.

Note: This summary reflects the provisions enacted by Act 076 (HB1710, CD1, SD2) as signed by the Governor on June 3, 2026.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.