Permit process

Changes the name of the "consolidated application process" to the
"facilitated application process".  Expands the membership of the
permit process task force (task force).  Limits the task force's
purpose of facilitating the state permit approval process to
county building permit applications requiring state agency
approval.  Establishes a sunset date for the task force of June
30, 2002.  (HB1029 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature recognizes that currently, the
 2 consolidated application process is often mistaken as a single
 3 permit application for all required state permits.  Changing the
 4 name of the "consolidated application process" to "facilitated
 5 application process" will more accurately describe what the
 6 process does, namely, assists applicants in obtaining state and
 7 county permits, facilitates the application for and tracking of
 8 such permits, and makes complicated permit application and
 9 approval process more efficient and predictable.
10      The purpose of this Act is to make improvements to the
11 consolidated application process by:
12      (1)  Changing its name to "facilitated application process";
13      (2)  Expanding the membership of the permit process task
14           force;
15      (3)  Limiting the permit process task force's purpose of
16           facilitating the state permit approval process to
17           county building permit applications requiring state
18           agency approval; and
19      (4)  Providing a sunset date of the permit process task
20           force.

Page 2                                                     1029
                                     H.B. NO.           H.D. 1

 1      SECTION 2.  Section 201-62, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "201-62  [Consolidated] Facilitated application process.
 4 (a)  State agencies are required, and county agencies are
 5 authorized and encouraged, to participate in the [consolidated]
 6 facilitated application process set forth herein.
 7      (b)  The department shall serve as [a] the lead agency for
 8 the [consolidated] facilitated application procedure and shall be
 9 the lead agency to administer [and facilitate] the [consolidated]
10 facilitated application procedure for any project that requires
11 both county permit applications and state agency approval.
12      (c)  The procedure shall be as follows:
13      (1)  An applicant for two or more state permits may apply in
14           writing to the department requesting a [consolidated]
15           facilitated application process for the consideration
16           of the application. The written request shall include
17           sufficient data about the proposed project for the
18           department to determine which other agencies or
19           authorities may have jurisdiction;
20      (2)  Upon receiving a written request for the [consolidated]
21           facilitated application process, the department shall
22           notify all federal, state, and county agencies or
23           authorities which the department determines may have

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                                     H.B. NO.           H.D. 1

 1           jurisdiction over part or all of the proposed project,
 2           and require those state agencies or authorities and
 3           invite those county and federal agencies or authorities
 4           to participate in the [consolidated] facilitated
 5           application process;
 6      (3)  The applicant and each agency or authority required or
 7           agreeing to participate in the [consolidated]
 8           facilitated application process shall designate a
 9           representative to serve on the [consolidated]
10           facilitated application review team;
11      (4)  Any state agency or authority designated by the
12           department as a party to an application review that is
13           not able to participate, shall submit an explanation,
14           in writing, to the department as to the reasons and
15           circumstances for noncompliance;
16      (5)  The representatives of the agencies, authorities, and
17           the applicant may develop and sign a joint agreement
18           among themselves identifying the members of the
19           [consolidated] facilitated application review team,
20           specifying the regulatory and review responsibilities
21           of each government agency and setting forth the
22           responsibilities of the applicant, and establishing a
23           timetable for regulatory review, the conduct of

Page 4                                                     1029
                                     H.B. NO.           H.D. 1

 1           necessary hearings, preparation of an environmental
 2           impact statement if necessary, and other actions
 3           required to minimize duplication and coordinate the
 4           activities of the applicant, agencies, and authorities;
 5      (6)  Each agency or authority shall issue its own permit or
 6           approval based upon its own jurisdiction.  The
 7           [consolidated] facilitated application process shall
 8           not affect or invalidate the jurisdiction or authority
 9           of any agency under existing law; and
10      (7)  The applicant shall apply directly to each federal or
11           county agency that does not participate in the
12           [consolidated] facilitated application process.
13      (d)  If a state regulatory permit is necessary to obtain a
14 county permit, then a county agreeing to participate in the
15 [consolidated] facilitated application process may advise the
16 applicant of the [consolidated] facilitated application
17 procedure.  To apply for the [consolidated] facilitated
18 application procedure, applicants for county permits involving
19 state permit approvals shall submit a form, which shall be issued
20 by the department; provided that this procedure shall apply only
21 to state permits that need to be approved by a state agency
22 following a review of the plans and certifications submitted by
23 the applicant.  State permits that are approved by rule require

Page 5                                                     1029
                                     H.B. NO.           H.D. 1

 1 only that the licensed design professional certify that the plans
 2 and specifications are in compliance with state rules.  No review
 3 by a state agency is required for state approval.  Plans and
 4 specifications requiring state agency review shall be submitted
 5 with the [consolidated] facilitated application procedure to the
 6 appropriate state agency, with a copy to the department.  If a
 7 state permit is approved by rule, then the participating county
 8 shall provide a set of drawings and specifications submitted by
 9 the applicant to the state agency that developed the rules.
10      In developing the procedures for approval by rule and by
11 review, permit requirements shall be clearly stated.  Performance
12 standards, rather than specific technologies or procedures, shall
13 be specified when appropriate.
14      (e)  For purposes of this section:
15      "Permit by review" means permits approved by the appropriate
16 state departments.
17      "Permit by rule" means permits approved by administrative
18 rule."
19      SECTION 3.  Chapter 201-62.5, Hawaii Revised Statutes, is
20 amended to read as follows:
21      "[[]201-62.5[]]  Permit process task force.(a)  To assist
22 the department of business, economic development, and tourism in
23 the [consolidated] facilitated application process, there is

Page 6                                                     1029
                                     H.B. NO.           H.D. 1

 1 established a permit process task force within the department for
 2 administrative purposes to streamline and facilitate the state
 3 permit approval process[.] for county building permit
 4 applications requiring state agency approval.
 5      (b)  The task force shall consist of [eleven] sixteen
 6 members[, who shall be appointed by the governor.  The task force
 7 shall consist of:] as follows:
 8      (1)  The comptroller or the comptroller's designated
 9           representative;
10      (2)  The director of business, economic development, and
11           tourism or the director's designated representative;
12      (3)  The director of health or the director's designated
13           representative;
14      (4)  The director of labor and industrial relations or the
15           director's designated representative;
16      (5)  The chairperson of the board of land and natural
17           resources or the chairperson's designated
18           representative;
19      (6)  The director of transportation or the director's
20           designated representative;
21      (7)  [Representatives of] A representative from the
22           construction labor unions[;] appointed by the governor;

Page 7                                                     1029
                                     H.B. NO.           H.D. 1

 1      (8)  [Representatives] Three representatives consisting of
 2           developers, licensed building contractors, and members
 3           of the American Institute of Architects Hawaii State
 4           Council and the Consulting Engineers Council of
 5           Hawaii[; and] appointed by the governor;
 6      (9)  [A representative] Two representatives from the public
 7           at large[.] appointed by the governor; and
 8     (10)  One representative from each of the four counties
 9           appointed by the mayor of each county.
10 Each member of the task force shall serve [for a two-year term.]
11 until June 30, 2002.  The members of the task force shall serve
12 without compensation, but shall be reimbursed for expenses,
13 including travel expenses, necessary for the performance of their
14 duties.  Any vacancy on the task force shall be filled in the
15 same manner in which the original position was filled.
16     (c)  The task force, in conjunction with each affected state
17 agency, shall:
18     (1)   Examine the [consolidated] facilitated application
19           process and review all state agency rules pertaining to
20           the state permit approval process for county building
21           permit applications to determine the source of
22           inefficiencies, delays, and duplications, and the
23           status of permits in progress;

Page 8                                                     1029
                                     H.B. NO.           H.D. 1

 1     (2)   Identify all permits and approvals that the State
 2           currently requires from applicants seeking approvals
 3           for projects that require county permit applications;
 4     (3)   Recommend to the governor which permits presently
 5           approved by review shall be approved by rule [and which
 6           permits shall be approved by review], including the
 7           justification for approving [each permit] such permits
 8           by rule [or by review];
 9     [(4)  Adopt a plan and make recommendations to enable all
10           applicants seeking state agency approval for permits,
11           to undergo the permit by rule procedure, rather than
12           the permit by review procedure;] and
13     [(5)] (4)  Provide recommendations to expedite and facilitate
14           the permit approval process within each state agency
15           for applicants seeking state permit approvals to start
16           construction.
17     (d)  For purposes of this section:
18     "Permit by review" means permits approved by the appropriate
19 state departments.
20     "Permit by rule" means permits approved by administrative
21 rule."
22     SECTION 4.  Statutory material to be repealed is bracketed.
23 New statutory material is underscored.

Page 9                                                     1029
                                     H.B. NO.           H.D. 1

 1     SECTION 5.  This Act shall take effect upon its approval;
 2 provided that section 3 shall be repealed on June 30, 2002.