Historic Hawai‘i Foundation 2025 Mid-Session Legislative Update

3/11/25: As the Hawai‘i State Legislature reached the half-way point of the session, bills that were approved in their assigned committees and three votes by in their full chamber of origin “passed over” to the other chamber. Bills that met the mandatory deadlines are moving forward for additional public hearings and three floor votes. Any that make it through their second chamber will eventually be considered by both the House and the Senate to agree on final versions.

The 2025 legislative session opened on January 15 and will run through May 2. At the beginning of the session, Historic Hawai‘i Foundation identified approximately 60 bills related to HHF’s mission. Some 16 bills relate to historic preservation or the State Historic Preservation Division; another seven bills address specific historic properties or sites; at least six aim to streamline development by avoiding historic preservation and/or environmental reviews or permitting; 18 address arts or culture topics; seven bills address native Hawaiian burials or the island burial councils; and at least four measures affect nonprofit organization management and governance.

One of Historic Hawaii Foundation’s core initiatives is to monitor, research, evaluate and testify on legislative matters. Our policy goals include measures to support, create and defend a balance of preservation incentives, regulations and public-private partnerships to encourage the preservation and rehabilitation of historic properties.

The recent survey of HHF members and supporters on historic preservation values and priorities found that more than 98% of respondents stated that “supporting public polices, legislative and regulatory frameworks for preservation outcomes” is extremely relevant and needs to be a high priority for HHF’s actions.

PASSING

• HB 309 establishes a fishpond inventory working group within the University of Hawai‘i Sea Grant College Program to create an inventory and map of all state-owned fishponds and conduct a literature review, and appropriates funds. HHF position is SUPPORT.
• HB 830 and SB 1002 requires the State Historic Preservation Division (SHPD) to contract its review of proposed projects to third-party consultants in some circumstances. HHF position is OPPOSED.
•  HB 1087 would allow the Department of Hawaiian Homelands (DHHL) to assume authority for conducting its own historic preservation reviews for its developments under HRS §6E-8, eliminating the role of the State Historic Preservation Division in determining and resolving potential effects of the projects upon historic properties, cultural resources and iwi kūpuna, except for properties that are nominated for or designated in the Hawai‘i or National Registers of Historic Places. HHF position is OPPOSED.
• SB 1462 would extend the historic preservation income tax credit for another six years. HHF position is SUPPORT.
• SB 15 would amend Hawai‘i Revised Statutes §6E to change the definition of “historic property” to add that properties 50 years or older shall meet the criteria to be placed onto the Hawai‘i register of historic places or has important value to Native Hawaiians or other ethnic groups of the State due to associations with cultural practices once carried out, or still being carried out, at the property or due to associations with traditional beliefs, events, or oral accounts that are important to the group’s history, traditional practices, and cultural identity. HHF position is SUPPORT with recommended amendments.
• SB 1296 would exempt certain reconstructions structures in the Lahaina National Historic Landmark District that was destroyed by the August 2023 wildfires from the requirements of a special management area permit. HHF’s initial position was SUPPORT. However, the amendment changes the applicability from Lahaina NHL to “any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the Governor to constitute a state of emergency from the requirements of a special management area minor permit or a special management area use permit under certain conditions.” HHF is assessing how the changed language could affect other coastal properties throughout the state and may reassess our position.

FAILING

• HB 533 would amend Hawai‘i Revised Statutes §6E-2 to revise the definition of “historic property” to include only those properties that were constructed prior to Hawaii’s admission as the 50^th State in August 1959 and any properties currently listed in the Hawai‘i register of historic places. HHF position is OPPOSED.
• HB 737 would change the State definition of “historic property” to add criteria for historic significance and integrity to supplement the existing age requirement; and would also amend HRS 6E-42.2 to reference the new definition of historic property when determining which single-family detached dwellings or townhouses are subject to project reviews to protect their historic features and character. HHF submitted support for intent and comments for amendment.
• HB 1143 would extend the historic preservation income tax credit for another six years. HHF position is SUPPORT.
• SB 18 appropriates an unspecified amount of funds to inventory historic properties and burial sites in the State, collect data on burial site locations, and conduct an archaeological surface survey. HHF position is SUPPORT.

To see the status and text of any bill, as well as testimony, committee reports, hearing notices and calendar of deadlines, see https://www.capitol.hawaii.gov/home.aspx