Bill Text: HI SB751 | 2010 | Regular Session | Introduced
Bill Title: Affordable Housing; Third Party Review
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB751 Detail]
Download: Hawaii-2010-SB751-Introduced.html
Report Title:
Affordable Housing; Third Party Review
Description:
Allows state and county agencies to utilize third party review to facilitate the processing and issuance of building permits on a timely basis for affordable housing projects, including the performance of inspections.
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THE SENATE |
S.B. NO. |
751 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in August 2007, Hawaii accepted an invitation by the United States Department of Housing and Urban Development to join the National Call to Action for Affordable Housing through Regulatory Reform. The Call to Action presented an opportunity for Hawaii to receive technical assistance from the federal government and collaborate with other states, counties, municipalities, and organizations to knock down the barriers imposed by governments in hopes of building more affordable housing. Governor Lingle convened a statewide task force comprised of representatives from the counties, business, labor, developers, architects, nonprofit providers of services, the State, and the legislature to carry out the mission of the Call to Action and recommend solutions to address barriers to affordable housing.
The legislature recognizes that the need for more affordable housing in Hawaii remains a significant problem affecting all segments of society. Although there is a process in place that provides an opportunity to review affordable housing projects proposals in an expedited manner at the state and county levels, there is a shortage of staff at the state and county levels to process project and permit applications in a timely manner.
In 2005, the city and county of Honolulu began to address their staffing shortage by utilizing third-party review for electrical and mechanical reviews. The utilization of third‑party review can significantly shorten the review process time from months to weeks. This in turn helps keep construction costs low and ensures that homes remain affordable.
The purpose of this Act is to implement the legislative recommendations of the task force by:
(1) Authorizing county and state agencies to hire private entities to handle permits and review approvals; and
(2) Provide immunity from liability, except for intentional misconduct or malfeasance, for the private entities.
SECTION 2. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§103- State and county contracts for services; civil service exemption. (a) Notwithstanding any other law to the contrary, services that are customarily and historically provided by civil servants may be obtained through state or county contracts for services with private entities when the circumstances and requirements set forth in subsections (b) through (e) are present and satisfied.
(b) The State or a county may enter into a contract to obtain services from a private entity for the review of affordable housing project and permit applications, including but not limited to inspections, discretionary permits, and ministerial permits, provided that:
(1) The service provided in a contract authorized by this section is for an affordable housing development as defined by the counties or for affordable housing developments provided to households that meet the income threshold under section 201H-202(e)(2); and
(2) There is a need for services to review affordable housing development project and permit applications and the estimated time necessary to complete the reviews with current staff is longer than forty-five days from the time that the project or permit application is submitted to the State or a county.
(c) Services obtained through contracts authorized by this section shall not be subject to, and shall be exempt from, civil service.
(d) This section does not limit the authority of the State or a county to ensure that the project and permit reviews for the buildings, structures, and facilities within an affordable housing development comply with state and county building codes, or to limit the authority and responsibility of a fire official to conduct safety inspections under chapter 132.
(e) Private entities providing services to the State or a county through contacts authorized by this section shall be immune from liability, except for intentional misconduct or malfeasance."
SECTION 3. Section 46-33, Hawaii Revised Statutes, is amended to read as follows:
"§46-33 Exemption of certain county positions. In any county with a population of 500,000 or more, the civil service to which this section refers is comprised of all positions in the public service of such county, now existing or hereafter established, and embraces all personal services performed for such county, except the following:
(1) Positions of officers elected by public vote;
positions of heads of departments; position of the clerk; position of the
manager of the board of water supply and position of the chief of police[.];
(2) Positions in the office of mayor, but such
positions, except those of the heads of the offices of information and
complaint and budget director, shall be included in the position classification
plan. Employees of the municipal library and of the offices of information and
complaint and budget director, other than the heads of such offices, however,
shall not be exempted from civil service[.];
(3) Positions of deputies of the corporation counsel,
deputies of the prosecuting attorney, and law clerks[.];
(4) Positions of members of any board, commission, or
equivalent body[.];
(5) Positions filled by inmates, patients, or
students in city institutions or in the schools[.];
(6) Positions of district magistrates, jurors, and
witnesses[.];
(7) Personal services obtained by contract where the
director of civil service has certified that the service is special or unique,
is essential to the public interest and that, because of circumstances
surrounding its fulfillment, personnel to perform such service cannot be
obtained through normal civil service recruitment procedures. Any such
contract may be for any period not exceeding one year[.];
(8) Personal services of a temporary nature needed in
the public interest where the need for the same does not exceed ninety days,
but before any person may be employed to render such temporary service the
director of civil service shall certify that the service is of a temporary
nature and that recruitment through normal civil service recruitment procedures
is not practicable. The employment of any person for service of a temporary
nature may be extended for good cause for an additional period not to exceed
ninety days upon similar certification by the director subject to approval of
the civil service commission[.];
(9) Personal services performed on a fee, contract,
or piecework basis by persons who may lawfully perform their duties
concurrently with their private business or profession or other private
employment, if any, and whose duties require only a portion of their time,
where it is impracticable to ascertain or anticipate the portion of time
devoted to the service of the city and such fact is certified to by the
director of civil service[.];
(10) Positions of temporary election clerks in the office
of the clerk employed during the election periods, but the positions filled by
such employees shall be included in the position classification plan[.];
(11) Positions of one first deputy and private
secretaries to heads of departments and their first deputies, but private
secretarial positions shall be included in the position classification plan.
The first deputy in the department of civil service, however, shall not be
exempt from civil service[.]; and
(12) Personal services not currently being provided by civil service employees that are obtained through a contract or agreement for a grant, subsidy, or purchase of service made pursuant to chapter 42F, 103D, 103F, or 201H.
The director of civil service shall determine the applicability of this section to specific positions."
SECTION 4. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:
(1) Commissioned and enlisted personnel of the Hawaii national guard as such, and positions in the Hawaii national guard that are required by state or federal laws or regulations or orders of the national guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any such contract may be for any period not exceeding one year;
(3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the legislature or by either house or any committee thereof;
(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;
(9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;
(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;
(B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications aides in the department of education;
(C) The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and
(D) Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;
(12) Employees engaged in special, research, or demonstration projects approved by the governor;
(13) Positions filled by inmates, kokuas, patients of state institutions, persons with severe physical or mental handicaps participating in the work experience training programs, and students and positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973;
(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;
(16) Positions of first deputies or first assistants
of each department head appointed under or in the manner provided in section 6,
[Article] article V, of the [State Constitution;] state
constitution; three additional deputies or assistants either in charge of
the highways, harbors, and airports divisions or other functions within the
department of transportation as may be assigned by the director of
transportation, with the approval of the governor; four additional deputies in
the department of health, each in charge of one of the following: behavioral
health, environmental health, hospitals, and health resources administration,
including other functions within the department as may be assigned by the
director of health, with the approval of the governor; an administrative
assistant to the state librarian; and an administrative assistant to the
superintendent of education;
(17) Positions specifically exempted from this part by any other law; provided that all of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
(19) Household employees at the official residence of the president of the University of Hawaii;
(20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;
(21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that not more than twenty-six per cent of the authority's work force in any housing project maintained or operated by the authority shall be hired under the tenant hire program;
(22) Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;
(23) Positions filled by severely handicapped persons who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;
(24) One public high school student to be selected by the Hawaii state student council as a nonvoting member on the board of education as authorized by the State Constitution;
(25) Sheriff, first deputy sheriff, and second deputy sheriff;
(26) A gender and other fairness coordinator hired by
the judiciary; [and]
(27) Positions in the Hawaii national guard youth
challenge academy[.]; and
(28) Personal services not currently being provided by civil service employees that are obtained through a contract or agreement for a grant, subsidy, or purchase of service made pursuant to chapter 42F, 103D, 103F, or 201H.
The director shall determine the applicability of this section to specific positions.
Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."
SECTION 5. Section 76-77, Hawaii Revised Statutes, is amended to read as follows:
"§76-77 Civil service and exemptions. The civil service to which this part applies comprises all positions in the public service of each county, now existing or hereafter established, and embraces all personal services performed for each county, except the following:
(1) Positions in the office of the mayor; provided that the positions shall be included in the classification systems;
(2) Positions of officers elected by public vote, positions of heads of departments, and positions of one first deputy or first assistant of heads of departments;
(3) Positions of deputy county attorneys, deputy corporation counsel, deputy prosecuting attorneys, and law clerks;
(4) Positions of members of any board, commission, or agency;
(5) Positions filled by students; positions filled through federally funded programs which provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973; and employees engaged in special research or demonstration projects approved by the mayor, for which projects federal funds are available;
(6) Positions of district judges, jurors, and witnesses;
(7) Positions filled by persons employed by contract where the personnel director has certified that the service is special or unique, is essential to the public interest, and that because of the circumstances surrounding its fulfillment, personnel to perform the service cannot be recruited through normal civil service procedures; provided that no contract pursuant to this paragraph shall be for any period exceeding one year;
(8) Positions of a temporary nature needed in the public interest where the need does not exceed ninety days; provided that before any person may be employed to render temporary service pursuant to this paragraph, the director shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable; and provided further that the employment of any person pursuant to this paragraph may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director;
(9) Positions of temporary election clerks in the office of the county clerk employed during election periods;
(10) Positions specifically exempted from this part by any other state statutes;
(11) Positions of one private secretary for each department head; provided that the positions shall be included in the classification systems;
(12) Positions filled by persons employed on a fee, contract, or piecework basis who may lawfully perform their duties concurrently with their private business or profession or other private employment, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the county and that fact is certified by the director;
(13) Positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office as able to safely perform the duties of the positions;
(14) Positions of the housing and community development office or department of each county; provided that this exemption shall not preclude each county from establishing these positions as civil service positions;
(15) The following positions in the office of the
prosecuting attorney: private secretary to the prosecuting attorney, secretary
to the first deputy prosecuting attorney, and administrative or executive
assistants to the prosecuting attorney; provided that the positions shall be
included in the classification systems; [and]
(16) Positions or contracts for personal services with
private persons or entities for services lasting no more than one year and at a
cost of no more than $750,000; provided that the
exemption under this paragraph shall apply to contracts for building, custodial,
and grounds maintenance services with qualified community rehabilitation
programs, as defined in section 103D-1001, lasting for no more than a year and
at a cost of no more than $850,000[.]; and
(17) Personal services not currently being provided by civil service employees that are obtained through a contract or agreement for a grant, subsidy, or purchase of service made pursuant to chapter 42F, 103D, 103F, or 201H.
The director shall determine the applicability of this section to specific positions and shall determine whether or not positions exempted by paragraphs (7) and (8) shall be included in the classification systems.
Nothing in this section shall be deemed to affect the civil service status of any incumbent private secretary of a department head who held that position on May 7, 1977."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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