REPORT TITLE:
Permit process


DESCRIPTION:
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 requiring state approval.
Establishes a sunset date for the task force of 6/30/2002.
(SB1079 HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1079
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 3
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO PERMIT PROCESSING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 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 the 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
 
20           force.
 

 
Page 2                                                     1079
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 1      SECTION 2.  Section 201-62, Hawaii Revised Statutes, is
 
 2 amended:
 
 3      (1)  By amending the title to read as follows:
 
 4           "201-62  [Consolidated] Facilitated application
 
 5        process."
 
 6       (2) By amending subsections (a) to (d) to read as follows:
 
 7      "(a)  State agencies are required, and county agencies are
 
 8 authorized and encouraged, to participate in the [consolidated]
 
 9 facilitated application process set forth herein.
 
10      (b)  The department shall serve as [a] the lead agency for
 
11 the [consolidated] facilitated application procedure and shall be
 
12 the lead agency to administer [and facilitate] the [consolidated]
 
13 facilitated application procedure for any project that requires
 
14 both county permit applications and state agency approval.
 
15      (c)  The procedure shall be as follows:
 
16      (1)  An applicant for two or more state permits may apply in
 
17           writing to the department requesting a [consolidated]
 
18           facilitated application process for the consideration
 
19           of the application. The written request shall include
 
20           sufficient data about the proposed project for the
 
21           department to determine which other agencies or
 
22           authorities may have jurisdiction;
 

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

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

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

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

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

 
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 1           inefficiencies, delays, and duplications, and the
 
 2           status of permits in progress;
 
 3      (2)  Identify all permits and approvals that the State
 
 4           currently requires from applicants seeking approvals
 
 5           for projects that require county permit applications;
 
 6      (3)  Recommend to the governor which permits presently
 
 7           approved by review shall be approved by rule [and which
 
 8           permits shall be approved by review], including the
 
 9           justification for approving [each permit] such permits
 
10           by rule [or by review];
 
11     [(4)  Adopt a plan and make recommendations to enable all
 
12           applicants seeking state agency approval for permits,
 
13           to undergo the permit by rule procedure, rather than
 
14           the permit by review procedure;] and
 
15     [(5)] (4)  Provide recommendations to expedite and facilitate
 
16           the permit approval process within each state agency
 
17           for applicants seeking state permit approvals to start
 
18           construction."
 
19      SECTION 4.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 5.  This Act shall take effect upon its approval;
 
22 provided that:
 
23      (1)  Section 3 shall be repealed on June 30, 2002; and
 

 
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 1      (2)  Section 201-62.5, Hawaii Revised Statutes, shall be
 
 2           reenacted in the form in which it read on the day
 
 3           before the approval of this Act.