Hawaii 2025 Regular Session

Hawaii Senate Bill SB74 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 74 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to State construction projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 74
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	74
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to State construction projects.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter state architect § -1 Definitions. As used in this chapter: "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State. "State lands" means all land owned by the State through any state agency. § -2 State architect; office established; appointment, tenure, removal; requirements; salary. (a) There is established within the department of accounting and general services the office of the state architect, which shall be headed by a full-time state architect to organize, manage, and oversee the design review of all state construction projects and issue design approvals before any state construction project commences. The state architect shall be appointed by the governor as provided in section 26-34. The state architect shall report to the comptroller. (b) No person shall be eligible for the position of state architect who has not held, for at least five years immediately preceding the date of appointment, a valid license under chapter 464. (c) The state architect shall not engage in the private practice of professional architecture or act in a managing capacity in any private business or enterprise. (d) The salary of the state architect shall be established by the governor. § -3 Duties and responsibilities. The state architect shall have general charge and oversight of the design review of all state construction projects. The state architect shall: (1) Review all plans, drawings, specifications, and any other documents necessary for state construction projects; (2) Ensure conformance with all building codes or county, national, or international prescriptive construction standards, including construction, electrical, energy conservation, plumbing, and sidewalk standards, as applicable; (3) Issue design approvals for all state construction projects before construction commences; and (4) Assign an inspector to each state construction project for the purpose of observing the work of construction. § -4 Assistance and staff. The state architect may employ or contract with qualified architects and engineers as necessary, without regard to chapter 76, to carry out the duties and responsibilities established by this chapter. § -5 Costs for services; fees. The cost of all design review services performed by the office of the state architect for a state agency shall be determined by the state architect. In addition, the state architect may set, charge, and collect reasonable fees, without regard to chapter 91, in an amount sufficient to defray the cost of processing design approvals. All payments shall be deposited with the state architect to the credit of the design review special fund established under section -6. § -6 Design review special fund. (a) There is established in the treasury of the State the design review special fund to be administered and expended by the state architect for the purposes of this chapter. (b) The following shall be deposited into the design review special fund: (1) Payments for services provided to state agencies pursuant to this chapter and rules adopted pursuant to this chapter; (2) Appropriations made by the legislature to the special fund; and (3) Interest earned or accrued on moneys in the special fund. (c) Moneys on balance in the design review special fund at the close of each fiscal year shall remain in the special fund and shall not lapse to the credit of the general fund. § -7 Administrative rules. No later than December 31, 2026, the comptroller, in consultation with the state architect, shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter. § -8 Annual report. The state architect shall prepare and submit an annual report to the governor and legislature no later than twenty days prior to the convening of each regular session. The report shall include: (1) A summary describing the activities of the office of the state architect, including but not limited to a list and description of each state construction project that received a design approval during the preceding fiscal year; and (2) A financial report on the status of the design review special fund." SECTION 2. Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The department shall: (1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts; (2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State; (3) Administer the state risk management program; (4) Establish and manage motor pools; (5) Manage the preservation and disposal of all records of the State; (6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State; (7) Undertake the functions of the state surveyor; (8) Establish accounting and internal control systems; (9) Have the discretion to employ persons within the comptroller's office who shall be exempt from chapters 76 and 89 in support of communications, change management, and business process improvement programs as part of the State's information technology modernization efforts; provided that the persons shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State; (10) Provide centralized computer information management and processing services through the chief information officer; (11) Establish a program to provide a means for public access to public information and develop an information network for state government; (12) Assume administrative responsibility for the office of information practices; [and] (13) Approve state fleet acquisitions; provided that: (A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles; (B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero-emission vehicles; and (C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable[.]; and (14) Provide exclusive centralized design review services for state construction projects and issue design approvals through the state architect. For the purposes of this subsection: "Light-duty motor vehicle" has the same meaning as defined in title 10 Code of Federal Regulations part 490. "Multipurpose passenger vehicle" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Passenger car" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Truck" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Zero-emission vehicle" has the same meaning as specified in title 40 Code of Federal Regulations section 88.1." PART II SECTION 3. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§46- County building permit, inspection, and certificate of occupancy requirements; exemption; state construction projects. (a) Notwithstanding any other law to the contrary, state construction projects shall be exempt from county building permit, inspection, and certificate of occupancy requirements when compliant with applicable building codes or county, national, or international prescriptive construction standards, including construction, electrical, energy conservation, plumbing, and sidewalk standards, as applicable, as determined by the State architect pursuant to chapter . (b) Nothing in this section shall relieve any state construction project from the laws, ordinances, rules, and regulations of the State and county or any departments or boards thereof with respect to the construction, operation, and maintenance of the state construction project, compliance with master plans or zoning laws or regulations, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature applicable to the state construction project. (c) As used in this section: "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State. "State construction project" means any undertaking of work or improvement of state lands or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by a state agency. "State lands" means all land owned by the State through any state agency." PART III SECTION 4. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the design review special fund. SECTION 5. There is appropriated out of the design review special fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of one full-time equivalent (1.0 FTE) state architect position pursuant to this Act and full-time equivalent ( FTE) positions within the office of the state architect, for the administration and implementation of this Act, and other associated administrative costs. The sums appropriated shall be expended by the department of accounting and general services for the purposes of this Act. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	PART I
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51	51	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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53	53	"Chapter
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55	55	state architect
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57	57	§ -1 Definitions. As used in this chapter:
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59	59	"State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State.
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61	61	"State lands" means all land owned by the State through any state agency.
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63	63	§ -2 State architect; office established; appointment, tenure, removal; requirements; salary. (a) There is established within the department of accounting and general services the office of the state architect, which shall be headed by a full-time state architect to organize, manage, and oversee the design review of all state construction projects and issue design approvals before any state construction project commences. The state architect shall be appointed by the governor as provided in section 26-34. The state architect shall report to the comptroller.
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65	65	(b) No person shall be eligible for the position of state architect who has not held, for at least five years immediately preceding the date of appointment, a valid license under chapter 464.
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67	67	(c) The state architect shall not engage in the private practice of professional architecture or act in a managing capacity in any private business or enterprise.
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69	69	(d) The salary of the state architect shall be established by the governor.
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71	71	§ -3 Duties and responsibilities. The state architect shall have general charge and oversight of the design review of all state construction projects. The state architect shall:
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73	73	(1) Review all plans, drawings, specifications, and any other documents necessary for state construction projects;
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75	75	(2) Ensure conformance with all building codes or county, national, or international prescriptive construction standards, including construction, electrical, energy conservation, plumbing, and sidewalk standards, as applicable;
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77	77	(3) Issue design approvals for all state construction projects before construction commences; and
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79	79	(4) Assign an inspector to each state construction project for the purpose of observing the work of construction.
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81	81	§ -4 Assistance and staff. The state architect may employ or contract with qualified architects and engineers as necessary, without regard to chapter 76, to carry out the duties and responsibilities established by this chapter.
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83	83	§ -5 Costs for services; fees. The cost of all design review services performed by the office of the state architect for a state agency shall be determined by the state architect. In addition, the state architect may set, charge, and collect reasonable fees, without regard to chapter 91, in an amount sufficient to defray the cost of processing design approvals. All payments shall be deposited with the state architect to the credit of the design review special fund established under section -6.
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85	85	§ -6 Design review special fund. (a) There is established in the treasury of the State the design review special fund to be administered and expended by the state architect for the purposes of this chapter.
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87	87	(b) The following shall be deposited into the design review special fund:
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89	89	(1) Payments for services provided to state agencies pursuant to this chapter and rules adopted pursuant to this chapter;
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91	91	(2) Appropriations made by the legislature to the special fund; and
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93	93	(3) Interest earned or accrued on moneys in the special fund.
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95	95	(c) Moneys on balance in the design review special fund at the close of each fiscal year shall remain in the special fund and shall not lapse to the credit of the general fund.
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97	97	§ -7 Administrative rules. No later than December 31, 2026, the comptroller, in consultation with the state architect, shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter.
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99	99	§ -8 Annual report. The state architect shall prepare and submit an annual report to the governor and legislature no later than twenty days prior to the convening of each regular session. The report shall include:
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101	101	(1) A summary describing the activities of the office of the state architect, including but not limited to a list and description of each state construction project that received a design approval during the preceding fiscal year; and
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103	103	(2) A financial report on the status of the design review special fund."
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105	105	SECTION 2. Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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107	107	"(b) The department shall:
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109	109	(1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;
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111	111	(2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State;
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113	113	(3) Administer the state risk management program;
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115	115	(4) Establish and manage motor pools;
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117	117	(5) Manage the preservation and disposal of all records of the State;
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119	119	(6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State;
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121	121	(7) Undertake the functions of the state surveyor;
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123	123	(8) Establish accounting and internal control systems;
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125	125	(9) Have the discretion to employ persons within the comptroller's office who shall be exempt from chapters 76 and 89 in support of communications, change management, and business process improvement programs as part of the State's information technology modernization efforts; provided that the persons shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State;
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127	127	(10) Provide centralized computer information management and processing services through the chief information officer;
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129	129	(11) Establish a program to provide a means for public access to public information and develop an information network for state government;
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131	131	(12) Assume administrative responsibility for the office of information practices; [and]
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133	133	(13) Approve state fleet acquisitions; provided that:
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135	135	(A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles;
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137	137	(B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero-emission vehicles; and
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139	139	(C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable[.]; and
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141	141	(14) Provide exclusive centralized design review services for state construction projects and issue design approvals through the state architect.
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143	143	For the purposes of this subsection:
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145	145	"Light-duty motor vehicle" has the same meaning as defined in title 10 Code of Federal Regulations part 490.
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147	147	"Multipurpose passenger vehicle" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.
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149	149	"Passenger car" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.
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151	151	"Truck" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.
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153	153	"Zero-emission vehicle" has the same meaning as specified in title 40 Code of Federal Regulations section 88.1."
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155	155	PART II
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157	157	SECTION 3. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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159	159	"§46- County building permit, inspection, and certificate of occupancy requirements; exemption; state construction projects. (a) Notwithstanding any other law to the contrary, state construction projects shall be exempt from county building permit, inspection, and certificate of occupancy requirements when compliant with applicable building codes or county, national, or international prescriptive construction standards, including construction, electrical, energy conservation, plumbing, and sidewalk standards, as applicable, as determined by the State architect pursuant to chapter .
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161	161	(b) Nothing in this section shall relieve any state construction project from the laws, ordinances, rules, and regulations of the State and county or any departments or boards thereof with respect to the construction, operation, and maintenance of the state construction project, compliance with master plans or zoning laws or regulations, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature applicable to the state construction project.
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163	163	(c) As used in this section:
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165	165	"State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State.
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167	167	"State construction project" means any undertaking of work or improvement of state lands or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by a state agency.
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169	169	"State lands" means all land owned by the State through any state agency."
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171	171	PART III
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173	173	SECTION 4. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the design review special fund.
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175	175	SECTION 5. There is appropriated out of the design review special fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of one full-time equivalent (1.0 FTE) state architect position pursuant to this Act and full-time equivalent ( FTE) positions within the office of the state architect, for the administration and implementation of this Act, and other associated administrative costs.
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177	177	The sums appropriated shall be expended by the department of accounting and general services for the purposes of this Act.
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179	179	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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181	181	SECTION 7. This Act shall take effect on July 1, 2025.
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185	185	INTRODUCED BY: _____________________________
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187	187	INTRODUCED BY:
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189	189	_____________________________
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195	195	Report Title: Governor; DAGS; Office of the State Architect; State Architect; State Construction Projects; Design Approvals; Design Review Special Fund; County Building Permit, Inspection, and Certificate of Occupancy Requirements; Exemptions; Report; Appropriations Description: Establishes the Office of the State Architect within the Department of Accounting and General Services to be headed by the State Architect. Authorizes the State Architect to organize, manage, and oversee the design review of all state construction projects and issue design approvals. Establishes the Design Review Special Fund. Requires the State Architect to submit a report to the Governor and Legislature. Authorizes DAGS to provide centralized design review services for state construction projects and issue design approvals through the State Architect. Exempts state construction projects from county building permit, inspection, and certificate of occupancy requirements, subject to certain conditions. Makes appropriations. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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203	203	Report Title:
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205	205	Governor; DAGS; Office of the State Architect; State Architect; State Construction Projects; Design Approvals; Design Review Special Fund; County Building Permit, Inspection, and Certificate of Occupancy Requirements; Exemptions; Report; Appropriations
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209	209	Description:
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211	211	Establishes the Office of the State Architect within the Department of Accounting and General Services to be headed by the State Architect. Authorizes the State Architect to organize, manage, and oversee the design review of all state construction projects and issue design approvals. Establishes the Design Review Special Fund. Requires the State Architect to submit a report to the Governor and Legislature. Authorizes DAGS to provide centralized design review services for state construction projects and issue design approvals through the State Architect. Exempts state construction projects from county building permit, inspection, and certificate of occupancy requirements, subject to certain conditions. Makes appropriations.
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219	219	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.