Bill Text: HI HB376 | 2012 | Regular Session | Amended
Bill Title: Construction Task Force (2010); Permit Processing; Third-party Review
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB376 Detail]
Download: Hawaii-2012-HB376-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
376 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO STREAMLINING PERMIT, LICENSE, AND APPROVAL APPLICATION PROCESSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Senate Concurrent Resolution No. 132, S.D. 1 (2009), established a task force to determine the economic contributions of the construction industry in Hawaii and to develop a series of proposals for state actions to preserve and create new jobs in the local construction industry. This Act implements one of the task force's proposals in conjunction with the Abercrombie administration's support for state actions to create new jobs in Hawaii's construction industry.
In addition, in 2010, the senate committee on economic development and technology and the house committee on economic revitalization, business, and military affairs convened an informal small business discussion group to address the most critical issues facing the small business sectors within Hawaii's economy. Representatives from The Chamber of Commerce of Hawaii, construction and trades industries, community nonprofits, the agricultural sector, food and restaurant industries, retailing, the science and technology sector, the commercial transportation industry, and interested stakeholders developed a package of bills that address the most pressing problems facing Hawaii's small business community.
The purpose of this Act is to support the findings of the small business working group and the recommendations proposed by the construction industry task force to streamline portions of the review process for permits, licenses, and approvals to minimize time delays, and to expedite the start of construction for workforce housing and other projects that will result in the generation of construction and other related jobs.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46‑ Third-party permit, license, and approval processing review. (a) Each county may provide a third party with permit, license, and approval processing review powers to increase the efficiency and timeliness of permit, license, or approval applications submitted to the State or respective county.
Each county may contract with licensed architects and engineers who:
(1) Are qualified by the respective county to certify compliance with building, electrical, mechanical, plumbing, and structural codes, as well as land use ordinances, to review an application for a permit, license, or approval; and
(2) Meet the education and experience standards and qualifications for preservation professionals, as specified by standards of the United States Secretary of the Interior.
(b) Third-party reviewers shall be retained by an owner of the property being reviewed, and all fees and costs for third-party review services shall be the responsibility of the owner of the property being reviewed. An owner shall not retain a third-party reviewer who works for or is employed by the same person or entity that designed the property.
(c) Third-party reviewers shall conduct their review services for the purpose of certifying that the proposed plans and specifications are in compliance with applicable federal, state, or county laws, rules, ordinances, and codes. Certifications by third-party reviewers shall be limited to those areas authorized by the State or respective county and those areas in which the third-party reviewer is licensed.
(d) Third-party reviewers shall not have the authority to grant any modifications, variances, waivers, exemptions, or other discretionary approvals.
(e) An individual or entity that provides third-party review services that are authorized and in accordance with this section shall be immune from liability, except for acts of the third-party reviewer that result from the reviewer's intentional misconduct, gross negligence, or malfeasance."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Construction Task Force (2010); Permit Processing; Third-party Review
Description:
Authorizes counties to contract with a third-party reviewer to streamline construction permit, license, and other application processing. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
