Honolulu, Hawaii



RE:    H.B. No. 376

       H.D. 1

       S.D. 1




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii




     Your Committees on Public Safety, Government Operations, and Military Affairs and Economic Development and Technology, to which was referred H.B. No. 376, H.D. 1, entitled:




beg leave to report as follows:


     The purpose and intent of this measure is to allow the counties to contract with licensed, qualified architects and engineers to serve as third-party reviewers to certify compliance with various construction codes and land-use ordinances.


     Your Committees received testimony in support of this measure from the American Council of Engineering Companies of Hawaii, The Chamber of Commerce of Hawaii, The Pacific Resource Partnership, and Land Use Research Foundation of Hawaii.  Your Committees received testimony in opposition to this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, Hawaii Government Employees Association, Historic Hawaii Foundation, Hawaii's Thousand Friends, Sierra Club Hawaii Chapter, and nine individuals.  Your Committees received comments on this measure from the Board of Professional Engineers, Architects, Surveyors and Landscape Architects.


     Your Committees find that the processing of permit applications relating to construction is hindered and delayed by a backlog of applications awaiting approvals.  This measure is intended to spur processing of projects by increasing efficiency and timeliness of applications processing through the use of third-party reviews of permits, licenses, and approvals.  Your Committees find that this expedited review process will result in the acceleration of generating construction jobs and other related services.


     This measure is not intended to allow a third party the ability to approve architects, engineers, surveyors, and landscape architects for licensure to practice in Hawaii.


     Your Committees have amended this measure by:


     (1)  Deleting sections 3 and 4, relating to the specific time periods within which the Department of Land and Natural Resources would have had to review and a comment on permit, license, and other types of applications;


     (2)  Requiring reviewers to meet the education and experience standards and qualifications for preservation professionals, as specified by standards of the United States Secretary of the Interior;


     (3)  Prohibiting an owner from retaining a third-party reviewer who works for or is employed by the same person or entity that designed the property of the owner; and


     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the records of votes of the members of your Committees on Public Safety, Government Operations, and Military Affairs and Economic Development and Technology that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 376, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 376, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.


Respectfully submitted on behalf of the members of the Committees on Public Safety, Government Operations, and Military Affairs and Economic Development and Technology,