State lawmakers have agreed on a bill that would enable the state to conduct historic preservation reviews of construction projects in phases, rather than all at once, but the final vote on the legislation could be difficult.
The Abercrombie administration had requested the bill in response to a state Supreme Court ruling last August that temporarily halted the $5.26 billion Honolulu rail project. The court ruled that the archaeological inventory survey should have been conducted along the entire 20-mile rail route prior to construction, not in phases, which had been the practice on construction projects.
The Abercrombie administration has warned that state highway and other projects could face significant delays unless the law is clarified. But Native Hawaiian and conservation groups have opposed the bill, fearing that human remains, or iwi, will be threatened unless historic preservation reviews are completed on entire projects before construction.
Senate negotiators on Wednesday agreed to accept the House draft of the bill, which would allow the phased review of construction projects along corridors or large land areas, in places where access to property is restricted, and when circumstances dictate that construction be done in stages.
The bill now goes before the Senate for a final vote.
"On this particular issue, no one is going to be 100 percent satisfied," said Sen. Glenn Wakai (D, Kalihi-Salt Lake-Aliamanu), the lead Senate negotiator on the bill. "That’s the value of compromising in this case."
Sen. J. Kalani English (D, Molokai-Lanai-Upcountry Maui-Hana), who voted against the bill Wednesday in conference committee, said he would like to put off the legislation until next year so the state will have more time to discuss the issue with opponents. Dozens of Native Hawaiian students and other activists have protested against the bill at the state Capitol.
English, the chairman of the Senate Transportation and International Affairs Committee, said he understands the potential effect of the court’s ruling on state construction projects. But he described a delay as a "cooling-off period."
"We’re trying to get people to understand that this is not the ugly monster that they think it is, but in fact it’s the way that it was in place for a long time, and it actually worked," he said.
Senators voted 19-6 in March to advance a previous draft of Senate Bill 1171, but eight senators voted for the bill with reservations.
Senate Majority Leader Brickwood Galuteria (D, Kakaako-McCully-Waikiki) said there are likely sufficient votes in the Senate, but that he will not know for certain until senators meet in private caucus.
Galuteria said senators would take the objections from Native Hawaiians into consideration, but explained that the phased review of projects often is tied to funding, since many large construction projects are financed in segments over several years.
"It’s one of the hot-button items," he said of the bill.
William Aila Jr., director of the state Department of Land and Natural Resources, which includes the State Historic Preservation Division, said the state can address some of the concerns raised by Native Hawaiians and others during the administrative rule-making process needed to implement the bill if it becomes law.
"The state needs the ability to be able to develop lands and protect iwi kupuna and cultural sites at the same time," Aila said. "I think Senate Bill 1171 gives us that opportunity to — in the rulemaking process — address the concerns of all sides."
