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S1226......................................................by STATE AFFAIRS CONSTRUCTION - HISTORIC PRESERVATION - Adds to existing law to provide certain requirements for state agencies and other entities of state government preparing to perform work on structures owned or controlled by the state; to provide for optional project review by the State Historic Preservation Office; to provide certain requirements for state agencies and other entities of state government proposing a project that involves state-owned structures; to provide for response to project proposals by the State Historic Preservation Office; to provide that the state agency or other entity of state government proposing the project shall have the discretion to act upon the recommendations of the State Historic Preservation Office; and to provide for the use of recommendations of the State Historic Preservation Office. 03/22 Senate intro - 1st rdg - to printing 03/23 Rpt prt - to St Aff 03/30 Rpt out - rec d/p - to 2nd rdg Rls susp - FAILED - 11-24-0 AYES -- Andreason, Burkett, Coiner, Darrington, Kelly, Langhorst, Malepeai, Marley, Stegner, Stennett, Werk NAYS -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Compton, Corder, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce, Richardson, Schroeder, Sweet, Williams Absent and excused -- None Floor Sponsor - Malepeai Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1226 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE HISTORICAL SOCIETY; AMENDING CHAPTER 41, TITLE 67, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 67-4101, IDAHO CODE, TO PROVIDE 4 LEGISLATIVE INTENT; AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE 5 ADDITION OF A NEW SECTION 67-4102, IDAHO CODE, TO PROVIDE CERTAIN REQUIRE- 6 MENTS FOR STATE AGENCIES AND OTHER ENTITIES OF STATE GOVERNMENT PREPARING 7 TO REMOVE OR PERFORM RENOVATION WORK ON STRUCTURES OWNED OR CONTROLLED BY 8 THE STATE; AND AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BY THE ADDITION 9 OF A NEW SECTION 67-4103, IDAHO CODE, TO PROVIDE FOR OPTIONAL PROJECT 10 REVIEW BY THE STATE HISTORIC PRESERVATION OFFICE, TO PROVIDE CERTAIN 11 REQUIREMENTS FOR STATE AGENCIES OR OTHER ENTITIES OF STATE GOVERNMENT PRO- 12 POSING A PROJECT THAT INVOLVES STATE-OWNED STRUCTURES, TO PROVIDE FOR 13 RESPONSE TO PROJECT PROPOSALS BY THE STATE HISTORIC PRESERVATION OFFICE, 14 TO PROVIDE THAT THE STATE AGENCY OR OTHER ENTITY OF STATE GOVERNMENT PRO- 15 POSING THE PROJECT SHALL HAVE THE DISCRETION TO ACT UPON THE RECOMMENDA- 16 TIONS OF THE STATE HISTORIC PRESERVATION OFFICE AND TO PROVIDE FOR THE USE 17 OF RECOMMENDATIONS OF THE STATE HISTORIC PRESERVATION OFFICE. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Chapter 41, Title 67, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 67-4101, Idaho Code, and to read as follows: 22 67-4101. LEGISLATIVE INTENT. It is the intent of the legislature that the 23 purpose of this act is to acknowledge the state's interest in and continuing 24 obligation to recognize, protect and preserve its heritage and cultural 25 resources by clarifying the role, responsibility and authority of the Idaho 26 state historical society and by providing a mechanism for the review of build- 27 ing or construction projects or other projects that take place on, encompass, 28 or that otherwise might impact or disturb historically significant structures. 29 SECTION 2. That Chapter 41, Title 67, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 31 ignated as Section 67-4102, Idaho Code, and to read as follows: 32 67-4102. AGENCY DUTY TO NOTIFY AND COOPERATE -- RESERVATION OF RIGHT AND 33 PRIVILEGE. All state agencies and other entities of state government shall 34 cooperate with the Idaho state historical society in the preservation and pro- 35 tection of historically significant structures, hereinafter referred to as 36 historic structures. 37 (1) Any state agency or other entity of state government preparing to 38 remove or perform renovation work on structures owned or controlled by the 39 state, shall notify the Idaho state historical society and shall cooperate to 40 the fullest extent practicable with the Idaho state historical society to pre- 41 serve historic structures and prevent their inappropriate destruction, and to 2 1 allow the Idaho state historical society to provide recommendations for the 2 preservation, study or adaptive reuse of such historic structures. 3 (2) Any state agency or other entity of state government contracting to 4 remove or perform renovation work on structures owned or controlled by the 5 state shall notify third parties contracting to perform the work that is sub- 6 ject to the provisions of this act. 7 SECTION 3. That Chapter 41, Title 67, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 67-4103, Idaho Code, and to read as follows: 10 67-4103. PROJECT REVIEW. The state historic preservation office shall 11 have the option of reviewing all construction projects or other projects that 12 take place on, encompass, or that otherwise might impact or disturb structures 13 owned or controlled by the state at the time the project is proposed. 14 (1) In the event the state historic preservation office conducts a 15 review, the review will ascertain if the structure is an historic structure 16 and, if so, may recommend modifications to the proposed project that would 17 avoid or minimize the project's potential adverse impact on the historic sig- 18 nificance of the structure. 19 (2) The state agency or other entity of state government proposing a 20 project that involves a state-owned structure, shall submit project informa- 21 tion to the state historic preservation office for review at the time planning 22 begins in regard to the structure. 23 (a) The state historic preservation office shall respond to the project 24 proposal within thirty (30) days after receiving sufficient project infor- 25 mation for review. 26 (b) In the event the state historic preservation office fails to respond 27 to the project proposal as set forth in subsection (2)(a) of this section, 28 the project may proceed. 29 (c) In the event the state historic preservation office responds to the 30 project proposal, it may recommend that the project proceed as proposed, 31 or it may recommend that studies be conducted to identify the historic 32 significance of a structure, or that project proposal modifications take 33 place to avoid or minimize the adverse impact on historic structures. 34 (3) The state agency or other entity of state government proposing the 35 project will have the discretion to act upon the recommendations of the state 36 historic preservation office. The recommendations of the state historic pres- 37 ervation office are to be used as a planning tool to avoid unnecessary loss of 38 historic structures, or minimize the potential adverse impact on historic 39 structures, and not to specifically delay or halt a project.
STATEMENT OF PURPOSE RS 15165 CONSTRUCTION PROJECTS - HISTORIC PRESERVATION - Adds to existing law to provide certain requirements relating to historic preservation for state agencies and other entities of state government preparing to remove or perform renovation work on structures owned or controlled by the state; to provide for optional project review by the State Historic Preservation Office; to provide that the state agency or other entity of state government proposing the project shall have the discretion to act upon the recommendations of the State Historic Preservation Office. FISCAL IMPACT Because of the limited number of state projects anticipated to qualify for the proposed review process, no additional funding should be necessary for state agencies or other entities of state government effected by the need for submission of a project for historic preservation review since it is intended to become a part of the initial planning routine for those projects. Further, review by the State Historic Preservation Office (SHPO) of the Idaho State Historical Society will take place using existing resources that currently conduct such reviews on federal and local projects of a similar nature. Contact: Steve Guerber, Idaho State Historical Society Phone: 334-2682 STATEMENT OF PURPOSE/FISCAL NOTE S 1226