THE SENATE

S.B. NO.

1213

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PERMITTING.

 

 

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

 


     SECTION 1.  The legislature finds that, currently, an applicant for a building permit must submit an application to each agency that has jurisdiction over an aspect of the project.  Many times, this means that an applicant must wait for approval from one agency, before submitting an application to another agency to approve another aspect of the project.  At times, an agency may decline to approve an aspect of a project that was approved by another agency that reviewed an application related to the project.  Other times, an application may be declined without an explanation as to why it was rejected.

     President Obama recently issued an executive order directing federal agencies to reduce regulatory burdens on small businesses and foster economic growth while protecting the health and safety of all Americans.  The executive order requires federal agencies to "tailor" their regulations in order to consider the cost of implementation in a way so as to provide the least costs to the economy while achieving their objectives.  Federal agencies must consider costs and benefits and choose the least burdensome path.

     Under the executive order, federal agencies must attempt to coordinate, simplify, and harmonize regulations to reduce costs and promote certainty for businesses and the public.  Federal regulations must also be necessary and up to date; outdated regulations are to be amended or repealed.  President Obama also directed federal agencies to increase their flexibility, known as regulatory flexibility, in implementing regulations as they affect the costs imposed on small businesses to comply with the regulations.  Whereas large businesses may be able to financially sustain the costs of compliance with some regulations, smaller businesses may find those same regulations to be financially burdensome.  Overall, the initiative is part of an ongoing effort to improve governmental efficiency.

     The legislature finds that Hawaii should undertake a similar review of state and county rules affecting businesses with a view to streamline the approval process for businesses by amending or repealing rules that may impose burdensome or unnecessary costs to businesses of all sizes.

     The purpose of this Act is to create a temporary task force under the comptroller to study and make recommendations on state and county administrative rules, particularly those relating to county building permits, with a view toward streamlining the permitting process.

     SECTION 2.  (a)  The comptroller, with the assistance of the director of the department of planning and permitting of the city and county of Honolulu, shall convene a temporary task force to review and indentify state and county rules affecting businesses, particularly with regard to county building permits, with a view toward streamlining the approval process for businesses through the amending or repealing of rules that may impose burdensome or unnecessary costs for businesses of all sizes but especially for smaller businesses.

     (b)  The task force shall be composed of representatives of businesses, labor, state departments and agencies, and county departments and agencies from each county, as determined by the comptroller.

     (c)  The task force shall make recommendations to the governor, the mayor of each county, and the heads of state and county agencies on any administrative rules that need to be amended or repealed in the interest of streamlining government for efficiency and responsiveness.

     (d)  The comptroller shall report to the legislature the findings and recommendations of the temporary task force no later than twenty days prior to the convening of the regular session of 2012. 

     SECTION 3.  This Act shall take effect upon its approval.


 


 

Report Title:

Streamlined Permitting; Task Force

 

Description:

Establishes a temporary task force under the comptroller to review state and county administrative rules to be amended or repealed to expedite and make less burdensome the permitting and approval process.  (SD1)

 

 

 

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