Permit Process

Changes the name of the "consolidated application process" to the
"facilitated application process".  Expands the membership of the
permit process task force.  Limits the task force's focus to
county building permit applications.  Establishes a sunset date
for the task force of 6/30/2002.  (SD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature recognizes that, currently, the
 2 consolidated application process is often mistaken as a single
 3 permit application for all required state permits.  Changing the
 4 name of the "consolidated application process" to "facilitated
 5 application process" will more accurately describe what the
 6 process does, namely, assists applicants in obtaining state and
 7 county permits, facilitates the application for and tracking of
 8 such permits, and makes a complicated permit application and
 9 approval process more efficient and predictable.
10      The purpose of this Act is to make improvements to the
11 consolidated application process by:
12      (1)  Changing its name to "facilitated application process";
13      (2)  Expanding the membership of the permit process task
14           force;
15      (3)  Limiting the permit process task force's purpose of
16           facilitating the state permit approval process to
17           county building permit applications requiring state
18           agency approval; and
19      (4)  Providing a sunset date of the permit process task

Page 2                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1           force.
 2      SECTION 2.  Section 201-62, Hawaii Revised Statutes, is
 3 amended to read as follows:
 4      "201-62  [Consolidated] Facilitated application process.
 5 (a)  State agencies are required, and county agencies are
 6 authorized and encouraged, to participate in the [consolidated]
 7 facilitated application process set forth herein.
 8      (b)  The department shall serve as [a] the lead agency for
 9 the [consolidated] facilitated application procedure and shall be
10 the lead agency to administer [and facilitate] the [consolidated]
11 facilitated application procedure for any project that requires
12 both county permit applications and state agency approval.
13      (c)  The procedure shall be as follows:
14      (1)  An applicant for two or more state permits may apply in
15           writing to the department requesting a [consolidated]
16           facilitated application process for the consideration
17           of the application.  The written request shall include
18           sufficient data about the proposed project for the
19           department to determine which other agencies or
20           authorities may have jurisdiction;
21      (2)  Upon receiving a written request for the [consolidated]
22           facilitated application process, the department shall
23           notify all federal, state, and county agencies or

Page 3                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1           authorities [which] that the department determines may
 2           have jurisdiction over part or all of the proposed
 3           project, and require those state agencies or
 4           authorities and invite those county and federal
 5           agencies or authorities to participate in the
 6           [consolidated] facilitated application process;
 7      (3)  The applicant and each agency or authority required or
 8           agreeing to participate in the [consolidated]
 9           facilitated application process shall designate a
10           representative to serve on the [consolidated]
11           facilitated application review team;
12      (4)  Any state agency or authority designated by the
13           department as a party to an application review that is
14           not able to participate[,] shall submit an explanation,
15           in writing, to the department as to the reasons and
16           circumstances for noncompliance;
17      (5)  The representatives of the agencies, authorities, and
18           the applicant may develop and sign a joint agreement
19           among themselves [identifying]:
20           (A)  Identifying the members of the [consolidated]
21                facilitated application review team[, specifying];
22           (B)  Specifying the regulatory and review
23                responsibilities of each government agency and

Page 4                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1                setting forth the responsibilities of the
 2                applicant[,]; and [establishing]
 3           (C)  Establishing a timetable for regulatory review,
 4                the conduct of necessary hearings, preparation of
 5                an environmental impact statement if necessary,
 6                and other actions required to minimize duplication
 7                and coordinate the activities of the applicant,
 8                agencies, and authorities;
 9      (6)  Each agency or authority shall issue its own permit or
10           approval based upon its own jurisdiction.  The
11           [consolidated] facilitated application process shall
12           not affect or invalidate the jurisdiction or authority
13           of any agency under existing law; and
14      (7)  The applicant shall apply directly to each federal or
15           county agency that does not participate in the
16           [consolidated] facilitated application process.
17      (d)  If a state regulatory permit is necessary to obtain a
18 county permit, then a county agreeing to participate in the
19 [consolidated] facilitated application process may advise the
20 applicant of the [consolidated] facilitated application
21 procedure.  To apply for the [consolidated] facilitated
22 application procedure, applicants for county permits involving
23 state permit approvals shall submit a form, which shall be issued

Page 5                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1 by the department; provided that this procedure shall apply only
 2 to state permits that need to be approved by a state agency,
 3 following a review of the plans and certifications submitted by
 4 the applicant.  State permits that are approved by rule require
 5 only that the licensed design professional certify that the plans
 6 and specifications are in compliance with state rules.  No review
 7 by a state agency is required for state approval.  Plans and
 8 specifications requiring state agency review shall be submitted
 9 with the [consolidated] facilitated application procedure to the
10 appropriate state agency, with a copy to the department.  If a
11 state permit is approved by rule, then the participating county
12 shall provide a set of drawings and specifications submitted by
13 the applicant to the state agency that developed the rules.
14      In developing the procedures for approval by rule and by
15 review, permit requirements shall be clearly stated.  Performance
16 standards, rather than specific technologies or procedures, shall
17 be specified when appropriate.
18      (e)  For purposes of this section:
19      "Permit by review" means permits approved by the appropriate
20 state departments.
21      "Permit by rule" means permits approved by administrative
22 rule."
23      SECTION 3.  Section 201-62.5, Hawaii Revised Statutes, is

Page 6                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1 amended to read as follows:
 2      "[[]201-62.5[]]  Permit process task force.(a)  To assist
 3 the department of business, economic development, and tourism in
 4 the [consolidated] facilitated application process, there is
 5 established a permit process task force within the department for
 6 administrative purposes to streamline and facilitate the state
 7 permit approval process[.] for county building permit
 8 applications requiring state agency approval.
 9      (b)  The task force shall consist of [eleven] sixteen
10 members[, who shall be appointed by the governor.  The task force
11 shall consist of:] as follows:
12      (1)  The comptroller or the comptroller's designated
13           representative;
14      (2)  The director of business, economic development, and
15           tourism or the director's designated representative;
16      (3)  The director of health or the director's designated
17           representative;
18      (4)  The director of labor and industrial relations or the
19           director's designated representative;
20      (5)  The chairperson of the board of land and natural
21           resources or the chairperson's designated
22           representative;
23      (6)  The director of transportation or the director's

Page 7                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1           designated representative;
 2      (7)  [Representatives of] A representative from the
 3           construction labor unions[;] appointed by the governor;
 4      (8)  [Representatives] Three representatives consisting of
 5           developers, licensed building contractors, and members
 6           of the American Institute of Architects Hawaii State
 7           Council and the Consulting Engineers Council of
 8           Hawaii[; and] appointed by the governor;
 9      (9)  [A representative] Two representatives from the public
10           at large[.] appointed by the governor; and
11     (10)  One representative from each of the four counties
12           appointed by the mayor of each county.
13 Each member of the task force shall serve [for a two-year term.]
14 until June 30, 2002.  The members of the task force shall serve
15 without compensation, but shall be reimbursed for expenses,
16 including travel expenses, necessary for the performance of their
17 duties.  Any vacancy on the task force shall be filled in the
18 same manner in which the original position was filled.
19      (c)  The task force, in conjunction with each affected state
20 agency, shall:
21      (1)  Examine the [consolidated] facilitated application
22           process and review all state agency rules pertaining to
23           the state permit approval process for county building

Page 8                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1           permit applications to determine the source of
 2           inefficiencies, delays, and duplications, and the
 3           status of permits in progress;
 4      (2)  Identify all permits and approvals that the State
 5           currently requires from applicants seeking approvals
 6           for projects that require county permit applications;
 7      (3)  Recommend to the governor which permits presently
 8           approved by review shall be approved by rule [and which
 9           permits shall be approved by review], including the
10           justification for approving [each permit] such permits
11           by rule [or by review];
12     [(4)  Adopt a plan and make recommendations to enable all
13           applicants seeking state agency approval for permits,
14           to undergo the permit by rule procedure, rather than
15           the permit by review procedure;] and
16     [(5)] (4)  Provide recommendations to expedite and facilitate
17           the permit approval process within each state agency
18           for applicants seeking state permit approvals to start
19           construction.
20      (d)  For purposes of this section:
21      "Permit by review" means permits approved by the appropriate
22 state departments.
23      "Permit by rule" means permits approved by administrative

Page 9                                                     1029
                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1 rule.
 2      (e)  This section shall be repealed on June 30, 2002."
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 5.  This Act shall take effect upon its approval.