| 47 | | - | SECTION 1. The legislature finds that delays in the county building permit process have severely impacted the ability of the State to commence state construction projects. The legislature further finds that construction delays have increased construction costs and harmed the livelihoods of state contractors. The purpose of this Act is to require the department of accounting and general services to establish a five-year state permit pilot project to quickly and efficiently process building and infrastructure permits for the construction of state buildings, state roads and highways, and other construction on state lands relating to the August 8, 2023 Maui wildfires damage, while simultaneously ensuring that the construction complies with all state and county building infrastructure requirements. SECTION 2. (a) The department of accounting and general services shall establish a five-year state permit pilot program to process building and infrastructure permits for the construction of state-owned buildings, state roads and highways, and other construction on state lands in the wildfire disaster declaration area. Subject to the requirements of this section, the department of accounting and general services shall: (1) Review applications containing state building and infrastructure construction plans to ensure that the plans satisfy the state building code as required by section 107-31, Hawaii Revised Statutes, the applicable county building codes, and any other applicable construction codes; and (2) Issue a state permit to the applicant if the application satisfies all applicable codes or deny the application if the application does not satisfy all applicable codes. (b) A state agency may obtain a state permit from the department of accounting and general services in lieu of obtaining a county building or infrastructure permit required by any county for any type of work regarding a state building, state infrastructure, or any type of work on state land. (c) Notwithstanding any law or ordinance to the contrary, any state agency who obtains a state permit under this section shall not be liable for not obtaining a county building or infrastructure permit for the same work submitted in an application to the department of accounting and general services for which the state permit was issued. (d) The county in which the state project is located shall, within thirty days of request by the State, issue a certificate of occupancy to the State for any building for which a state permit was issued under this section, upon: (1) Completion of the building for which the state permit was issued; (2) The building passing final inspection by a state-designated inspector; and (3) Formal acceptance of the building by the State. (e) Each county in which a state project is located shall allow projects issued a state permit under this section to connect with all required infrastructure services, including but not limited to potable water, wastewater, stormwater, solid waste, and other county-provided services. Failure of the county to issue the certificate of occupancy within thirty days shall result in the certificate being deemed issued by the respective county. (f) All public and private utilities shall allow projects issued a state permit under this section to connect with all required services without the need for a county permit. These shall include but not be limited to electrical, internet, telephone, cable television, potable water, wastewater, and other provided services. (g) The department of accounting and general services, in consultation with the state building code council, shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the establishment and administration of the five-year state permit pilot program, including rules addressing the permit application process, required submissions, and fees. (h) The department of accounting and general services shall submit: (1) Interim reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2025, 2026, 2027, and 2028 on the progress of the state permit pilot program; and (2) A final report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2029. (j) The state permit pilot program shall terminate on June 30, 2029. SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment and administration of the first fiscal year of the five-year state permit pilot program. The sums appropriated shall be expended by the department of accounting and general services for the purposes of this Act. SECTION 5. This Act shall take effect on July 1, 2112. |
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| 47 | + | SECTION 1. The legislature finds that delays in the county building permit process have severely impacted the ability of the State to commence state construction projects. The legislature further finds that construction delays have increased construction costs and harmed the livelihoods of state contractors. The purpose of this Act is to establish a state permitting office to quickly and efficiently process building and infrastructure permits for construction of state buildings, state roads and highways, and other construction on state lands, while simultaneously ensuring that the construction complies with all state and county building and infrastructure requirements. SECTION 2. Chapter 107, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "PART . STATE PERMITTING OFFICE §107-A Definitions. For purposes of this part: "Department" means the department of accounting and general services. "Office" means the state permitting office established pursuant to section 107-B. "State permit" means a permit issued by the state permitting office. §107-B State permitting office; purpose. There is established the state permitting office within the department. Subject to the requirements of this part, the state permitting office shall: (1) Review applications containing state building and infrastructure construction plans to ensure that the plans satisfy the state building code as required by section 107-31, the applicable county building code, and any other applicable construction code; and (2) Issue a state permit to the applicant if the application satisfies all applicable codes or deny the application if the application does not satisfy all applicable codes. §107-C State permit authorized. (a) A person may obtain a state permit from the office in lieu of obtaining a county building or infrastructure permit required by any county for any type of work regarding a state building, state infrastructure, or any type of work on state land. (b) Notwithstanding any law or ordinance to the contrary, any person who obtains a state permit under this part shall not be liable for any failure to obtain a county building or infrastructure permit for the same work submitted in an application to the office for which the state permit was issued. §107-D Rules. The state permitting office, in consultation with the state building code council, shall adopt rules pursuant to chapter 91 necessary for this part, including rules addressing the permit application process, required submissions, and fees." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for establishment of the state permitting office. The sums appropriated shall be expended by the department of accounting and general services for the purposes of this Act. SECTION 4. In codifying the new section added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 5. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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