1029
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PERMIT PROCESSING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to change the name of
 
 2 the consolidated application process to facilitated application
 
 3 process.  The legislature recognizes that the present
 
 4 "Consolidated Application Process" is often mistaken as a single
 
 5 permit application for all required State permits.  Changing the
 
 6 name to "Facilitated Application Process" will more accurately
 
 7 describe what the process does, namely to assist applicants for
 
 8 State permits, to facilitate the application for and tracking of
 
 9 such permits, and to make the complicated permit application and
 
10 approval process more efficient and predictable.  The Act also
 
11 amends the Permit Process Task Force enabling legislation to
 
12 reflect needed changes in membership and sunset provisions.
 
13      SECTION 2.  Section 201.62, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      201-62  [Consolidated] Facilitated application process.
 
16 (a)  State agencies are required, and county agencies are
 
17 authorized and encouraged, to participate in the [consolidated]
 
18 facilitated application process set forth herein.
 
19 (b)  The department shall serve as [a] the lead agency for the
 

 
a                                                     BED-26(99)
Page 2                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 [consolidated] facilitated application procedure and shall be the
 
 2 lead agency to administer [and facilitate] the [consolidated]
 
 3 facilitated application procedure for any project that requires
 
 4 both county permit applications and state agency approval.
 
 5       (c)  The procedure shall be as follows:
 
 6      (1)  An applicant for two or more state permits may apply in
 
 7 writing to the department requesting a [consolidated] facilitated
 
 8 application process for the consideration of the application. The
 
 9 written request shall include sufficient data about the proposed
 
10 project for the department to determine which other agencies or
 
11 authorities may have jurisdiction;
 
12      (2)  Upon receiving a written request for the [consolidated]
 
13 facilitated application process, the department shall notify all
 
14 federal, state, and county agencies or authorities which the
 
15 department determines may have jurisdiction over part or all of
 
16 the proposed project, and require those state agencies or
 
17 authorities and invite those county and federal agencies or
 
18 authorities to participate in the [consolidated] facilitated
 
19 application process;
 
20      (3) The applicant and each agency or authority required or
 
21 agreeing to participate in the [consolidated] facilitated
 
22 application process shall designate a representative to serve on
 

 
a                                                     BED-26(99)
 
Page 3                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 the [consolidated] facilitated application review team;
 
 2      (4)  Any state agency or authority designated by the
 
 3 department as a party to an application review that is not able
 
 4 to participate, shall submit an explanation, in writing, to the
 
 5 department as to the reasons and circumstances for noncompliance.
 
 6      (5)  The representatives of the agencies, authorities, and
 
 7 the applicant may develop and sign a joint agreement among
 
 8 themselves identifying the members of the [consolidated]
 
 9 facilitated application review team, specifying the regulatory
 
10 and review responsibilities of each government agency and setting
 
11 forth the responsibilities of the applicant, and establishing a
 
12 timetable for regulatory review, the conduct of necessary
 
13 hearings, preparation of an environmental impact statement if
 
14 necessary, and other actions required to minimize duplication and
 
15 coordinate the activities of the applicant, agencies, and
 
16 authorities;
 
17      (6)  Each agency or authority shall issue its own permit or
 
18 approval based upon its own jurisdiction.  The [consolidated]
 
19 facilitated application process shall not affect or invalidate
 
20 the jurisdiction or authority of any agency under existing law;
 
21 and
 
22      (7)  The applicant shall apply directly to each federal or
 

 
a                                                     BED-26(99)
 
Page 4                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 county agency that does not participate in the [consolidated]
 
 2 facilitated application process.
 
 3      (d)  If a state regulatory permit is necessary to obtain a
 
 4 county permit, then a county agreeing to participate in the
 
 5 [consolidated] facilitated application process may advise the
 
 6 applicant of the [consolidated] facilitated application
 
 7 procedure.  To apply for the [consolidated] facilitated
 
 8 application procedure, applicants for county permits involving
 
 9 state permit approvals shall submit a form, which shall be issued
 
10 by the department; provided that this procedure shall apply only
 
11 to state permits that need to be approved by a state agency
 
12 following a review of the plans and certifications submitted by
 
13 the applicant.  State permits that are approved by rule require
 
14 only that the licensed design professional certify that the plans
 
15 and specifications are in compliance with state rules.  No review
 
16 by a state agency is required for state approval.  Plans and
 
17 specifications requiring state agency review shall be submitted
 
18 with the [consolidated] facilitated application procedure to the
 
19 appropriate state agency, with a copy to the department.  If a
 
20 state permit is approved by rule, then the participating county
 
21 shall provide a set of drawings and specifications submitted by
 
22 the applicant to the state agency that developed the rules.
 

 
a                                                     BED-26(99)
 
Page 5                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1      In developing the procedures for approval by rule and by
 
 2 review, permit requirements shall be clearly stated.  Performance
 
 3 standards, rather than specific technologies or procedures, shall
 
 4 be specified when appropriate.
 
 5      (e)  For purposes of this section:
 
 6      "Permit by review" means permits approved by the appropriate
 
 7 state departments.
 
 8      "Permit by rule" means permits approved by administrative
 
 9 rule.
 
10      SECTION 3.  Chapter 201-62.5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      201-62.5  Permit process task force.  (a)  To assist the
 
13 department of business, economic development, and tourism in the
 
14 [consolidated] facilitated application process, there is
 
15 established a permit process task force within the department for
 
16 administrative purposes to streamline and facilitate the state
 
17 permit approval process for county building permit applications
 
18 requiring state agency approval.
 
19      (b)  The task force shall consist of [eleven] sixteen
 
20 members, who shall be appointed by the governor.  The task force
 
21 shall consist of:
 
22      (1)  The comptroller or the comptroller's designated
 

 
a                                                     BED-26(99)
 
Page 6                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 representative;
 
 2      (2)  The director of business, economic development, and
 
 3 tourism or the director's designated representative;
 
 4      (3)  The director of health or the director's designated
 
 5 representative;
 
 6      (4)  The director of labor and industrial relations or the
 
 7 director's designated representative;
 
 8      (5)  The chairperson of the board of land and natural
 
 9 resources or the chairperson's designated representative;
 
10      (6)  The director of transportation or the director's
 
11 designated representative;
 
12      (7)  Representatives[s] of construction labor unions;
 
13      (8)  [Representatives] Three representatives consisting of
 
14 developers, licensed building contractors, and members of the
 
15 American Institute of Architects Hawaii State Council and the
 
16 Consulting Engineers Council of Hawaii; and
 
17      (9)  [A] Two representatives from the public at large.
 
18      (10)  Four members to be selected by the mayors of the city
 
19 and county of Honolulu, the county of Kauai, the county of Maui
 
20 and the county of Hawaii.
 
21      Each member of the task force shall serve [for a two-year
 
22 term] until June 30, 2002.  The members of the task force shall
 

 
a                                                     BED-26(99)
 
Page 7                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 serve without compensation, but shall be reimbursed for expenses,
 
 2 including travel expenses, necessary for the performance of their
 
 3 duties.
 
 4      (c)  The task force, in conjunction with each affected state
 
 5 agency, shall:
 
 6      (1)  Examine the [consolidated] facilitated application
 
 7 process and review all state agency rules pertaining to the state
 
 8 permit approval process for county building permit applications
 
 9 to determine the source of inefficiencies, delays, and
 
10 duplications, and the status of permits in progress;
 
11      (2)  Identify all permits and approvals that the state
 
12 currently requires from applicants seeking approvals for projects
 
13 that require county permit applications;
 
14      (3)  Recommend to the governor which permits presently
 
15 approved by review shall be approved by rule [and which permits
 
16 shall be approved by review], including the justification for
 
17 approving [each] such permits by rule [or by review];
 
18      [(4)  Adopt a plan and make recommendations to enable all
 
19 applicants seeking state agency approval for permits, to undergo
 
20 the permit by rule procedure, rather than the permit by review
 
21 procedure; and]
 
22      [(5)] (4)  Provide recommendations to expedite and
 

 
a                                                     BED-26(99)
 
Page 8                                                     1029
                                     H.B. NO.           
                                                        
                                                        

 
 1 facilitate the permit approval process within each state agency
 
 2 for applicants seeking state permit approvals to start
 
 3 construction[.]; and
 
 4      (d)  For purposes of this section:
 
 5      "Permit by review" means permits approved by the appropriate
 
 6 state departments.
 
 7      "Permit by rule" means permits approved by administrative
 
 8 rule.
 
 9      SECTION 4.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 5.  This Act shall take effect upon its approval.
 
12 Section 3 shall be repealed as of June 30, 2002.
 
13 
 
14                           INTRODUCED BY: ________________________
 

 
a                                                     BED-26(99)