April 9, 2026, 10:01 a.m.
Hawaii State Capitol
Conference Room 016 and Videoconference
To: Senate Committee on Judiciary
Sen. Karl Rhoads, Chair
Sen. Mike Gabbard, Vice Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: TESTIMONY WITH COMMENTS ON HB1710 HD2 SD1 — RELATING TO HISTORIC PRESERVATION
Aloha Chair, Vice Chair and other Committee Members,
The Grassroot Institute of Hawaii offers comments on — and amendments to — HB1710 HD2 SD1, which would make several changes to how the State Historic Preservation Division reviews proposed projects.
The intent of this measure has been to implement the recommendations of the Simplifying Permitting for Enhanced Economic Development Task Force related to historic preservation reviews. As such, Grassroot respectfully requests that the Committee restore the HD2 version of this legislation.
The SD1 version removes the requirement that SHPD give its written concurrence or non-concurrance within 30 days for certain projects if it determines that no historical properties will be impacted, or within 90 days if it determines that historical properties could be affected and that taking mitigation steps would be necessary to protect them. It also omits the proposed “shot clock” that would allow applicants to assume concurrence for their projects if SHPD does not issue a determination within those time frames.
Additionally, the SD1 version features a new Section 4 that would narrow an existing exclusion for certain single-family homes, townhomes and nominally sensitive areas.
Requiring SHPD to review certain projects within a defined time period would add certainty to the construction process for state infrastructure and much-needed housing projects.
The SPEED Task Force pointed out that Act 160 (2025) set up a framework with specific timelines and definitions that applied to the review of projects within county-designated transit-oriented development zones, and that this framework could be applied to all SHPD reviews. The group also highlighted the confusion that exists in current SHPD processes:
“The same project may be re-introduced to SHPD multiple times as a series of ‘new’ cases, rather than being managed as a single, coherent undertaking… Subsequent changes to previously approved permits can trigger re-review even if the risk to historic properties or appropriate mitigation measures remain the same.”[1]
According to The Economic Research Organization at the University of Hawai‘i, Hawaii’s housing regulations are the strictest in the country, and “approval delays” for housing developments are more than three times longer than the national average among communities surveyed.[2] Likewise, UHERO researchers estimated that regulations comprise 58% of the cost of new condominium construction.[3]
Historic preservation reviews certainly play a role in these delays and their associated costs. For example, SHPD noted in its report to the 2023 Legislature that its archaeology reviews were taking between six months and one year, on average.[4]
Additionally, the 2025 Grassroot white paper “Preserving the past or preventing progress?” reported that more than 90% of the projects SHPD reviewed from 2021 to 2024 were determined to have no impact on historic properties.
The average review time for projects issued determinations during that time period was 94 days. However, the division reviewed less than half of the applications it received during that period.
Thank you for the opportunity to testify.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
1050 Bishop St. #508 | Honolulu, HI 96813 | 808-864-1776 | info@grassrootinstitute.org
[1] “6E Historic Preservation Interaction Group Report,” Simplifying Permitting for Enhanced Economic Development (Speed) Task Force, December 2025, p. 15.
[2] Rachel Inafuku, Justin Tyndall and Carl Bonham, “Measuring the Burden of Housing Regulation in Hawaii,” The Economic Research Organization at the University of Hawai‘i, April 14, 2022, p. 6.
[3] Justin Tyndall and Emi Kim, “Why are Condominiums so Expensive in Hawai‘i?” The Economic Research Organization at the University of Hawai‘i, May 2024, p. 11.
[4] “Report to the Thirty-Second Legislature 2023 Regular Session on the State Historic Preservation Program For Fiscal Year 2021-2022,” Hawaii Department of Land and Natural Resources, October 2022, p. 1.
