Bill Text: HI HB2577 | 2018 | Regular Session | Introduced
Bill Title: Relating To Building Design For Persons With Disabilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-02-01 - The committee(s) on HSG recommend(s) that the measure be deferred. [HB2577 Detail]
Download: Hawaii-2018-HB2577-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2577 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the disability and communication access board was established to review all state and county plans for buildings and facilities funded with public funds. The legislature further finds that affordable housing developed by private developers are not buildings and facilities funded with public funds and, therefore, are not subject to the disability and communication access board review process. Finally, the legislature notes that nothing in this Act is intended to exempt affordable housing developed by private developers from the requirements of the Federal Americans with Disabilities Act.
The purpose of this Act is to clarify that affordable housing developed by private developers are exempt from the disability and communication access board's process under section 103-50, Hawaii Revised Statutes.
SECTION 2. Section 103-50, Hawaii Revised Statutes, is amended to read as follows:
"§103-50 Building design to consider needs of persons
with disabilities; review fees. (a) Notwithstanding any
other law to the contrary, all plans and specifications for the construction of
public buildings, facilities, and sites shall be prepared so that the
buildings, facilities, and sites are accessible to and usable by persons with
disabilities. The buildings, facilities,
and sites shall conform to the Americans with Disabilities Act Accessibility
Guidelines, [Title] title 36 Code of Federal Regulations [Part]
part 1191, and the requirements of the Federal Fair Housing Amendments
Act of 1988, as established in [Title] title 24 Code of Federal
Regulations [Part] part 100, [Subpart] subpart D,
as adopted and amended by the disability and communication access board under
chapter 348F.
(b) All state and county
agencies subject to this section shall seek advice and recommendations from the
disability and communication access board on any construction plans prior to
commencing with construction.
This subsection shall not apply to any housing project developed by an eligible developer and subject to exemption from statutes, ordinances, charter provisions, and rules pursuant to section 201H-38, including housing projects for which the eligible developer has received state or county grants, subsidies, grants-in-aid, tax credits, or any other state or county funds for the construction of the project.
(c) The disability and
communication access board shall adopt rules pursuant to chapter 91 for the
design of buildings, facilities, and sites, by or on behalf of the State and
counties to effectuate the purposes of this section, except that the board,
without regard to chapter 91, instead, may adopt federal amendments to the
Americans with Disabilities Act Accessibility Guidelines, [Title] title
36 Code of Federal Regulations [Part] part 1191.
(d) The disability and
communication access board may approve a site-specific alternate design when an
alternate design provides equal or greater access.
(e) The disability and
communication access board shall charge a review fee for services rendered
pursuant to section 348F-3. The review
fees shall be four-tenths of one per cent for the first $500,000 of the
estimated construction cost plus two-tenths of one per cent of the estimated
construction costs greater than $500,000 up to and including $2,000,000 plus
two one-hundredths of one per cent of the estimated construction costs over
$2,000,000 except as follows:
(1) The minimum review fee for plans and specifications subject to accessibility guidelines under this section shall be $200;
(2) The disability and communication access board may limit the maximum review fee for plans and specifications of infrastructure projects or projects managed by private nonprofit entities to $3,000; and
(3) There shall be a $50 review fee for projects with plans and specifications that do not reflect any elements subject to accessibility guidelines under this section.
This subsection shall not apply to any housing project developed by an eligible developer and subject to exemption from statutes, ordinances, charter provisions, and rules pursuant to section 201H-38, including housing projects for which the eligible developer has received state or county grants, subsidies, grants-in-aid, tax credits, or any other state or county funds for the construction of the project.
(f) All moneys collected as review fees shall be
deposited into the disability and communication access board special fund
established under section 348F-7.
(g) The disability and
communication access board shall report to the legislature annually no later
than twenty days prior to the convening of each regular session regarding the
revenues collected under this section.
The report shall include a summary of the number and types of plans
reviewed and the amount of review fees collected from each state or county
department or agency.
(h) For the purposes of this section:
"Infrastructure" or "infrastructure project" includes water, drainage, sewer, waste disposal and waste treatment systems, roads, and street lighting and projects relating to that infrastructure. Projects with significant work to accessible elements and spaces shall not be considered infrastructure projects.
"Public buildings, facilities, and sites" means buildings, facilities, sites, and the infrastructure thereof that:
(1) Are
designed, constructed, purchased, or leased with the use of any state or county
funds or federal funds administered by the State or a county[;] except
housing projects developed by an eligible developer and subject to exemption
from statutes, ordinances, charter provisions, and rules pursuant to section
201H-38;
(2) House state or county programs, services, or activities that are intended to be accessed by the general public;
(3) Are places of public accommodation or commercial facilities under the Americans with Disabilities Act, title 28 Code of Federal Regulations part 36, and are constructed on state or county lands; or
(4) Are constructed on lands that will be transferred to the State or a county upon completion of construction."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Building Design; Persons With Disabilities
Description:
Clarifies
that Hawaii Housing Finance and Development Corporation housing projects are
exempt from the Disability and Communication Access Board process under section
103-50, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
