Blog HB 738 (HD2)/SB 1263 (SD1)

Reducing SHPD Permitting Backlog in TOD

Feb. 13, 2025

HB Status as of 2/13/25:

This bill has passed out of its first two committees (HSG & WAL) with amendments and is currently awaiting a hearing by the House JHA committee.

SB Status as of 2/12/25:

This bill has passed out of its first committee (HOU) with amendments and is currently awaiting a hearing by the Senate JDC committee.

Why Hawaiʻi YIMBY Support This Bill:

Historical review is an important process to preserve the cultural and historical importance of any given place or structure.

However, there are many TOD areas in our state that counties have identified for targeted redevelopment and more housing. In addition, many of those area have low risk of having any cultural or historical significant resources, and are already highly developed in their current state.

This bill seeks to create a process to expedite historical reviews in TOD areas with low risk of affecting historically significant resources.

Also, this bill would require a response within 90 days, or the project will be allowed to continue on to the next permitting process. There are numerous layers of permit applications and a backlog at a single department could prevent a housing project from proceeding through the permitting process, which adds an unknown variable of time. By allowing a housing project to proceed in the permitting process after 90 days, helps to keep the process moving rather than having indeterminant delay.

Bill Description:

  • Creates a process for expediting the review of majority-residential mixed-use transit-oriented development or residential transit-oriented development on certain parcels within county-designated transit-oriented development zones that have a low risk of affecting historically significant resources.
  • Authorizes lead agencies, including county governments, to make determinations on the potential effects of a project.
  • Creates a ninety-day limit, or thirty-day if no historic property is to be affected, to concur or not concur with project effect determinations.
  • Exempts projects with written concurrence from further review unless there is a change to the project or additional historic properties, aviation artifacts, or burial sites are identified within the project area. Establishes notice and reporting requirements if there is a change to the project or additional historic properties, aviation artifacts, or burial sites are identified within the project area after the initial written concurrence. Effective 7/1/3000. (HD2)

This page will be updated periodically throughout the legislative session. For the most up-to-date status, please visit the bill's page on the Hawai'i State Legislature's website.