Bill Text: HI HB2182 | 2010 | Regular Session | Introduced

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Bill Title: Department of Permitting

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-01-22 - (H) Referred to WLO, JUD, FIN, referral sheet 3 [HB2182 Detail]

Download: Hawaii-2010-HB2182-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2182
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO A DEPARTMENT OF PERMITTING.

 

 

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

 

SECTION 1.  The legislature finds that obtaining permits, licenses, and other approvals from state departments and agencies is often a long, time consuming, and frustrating process, especially for small businesses and not-for-profit groups that do not have the financial and personnel resources to shepherd permit and license applications through multiple and often duplicative and contradictory agency requirements.

The legislature further finds that, in these tough economic times, it is fiscally responsible to seek out ways to reduce unnecessary government spending without sacrificing services to the general public.  One step in reaching this goal is to consolidate duplicative functions currently spread out among different state agencies, thereby streamlining government operations and offering better, faster, and more "to the point" services to the people of Hawaii.

The purpose of this Act is to consolidate all permitting and licensing functions and employees of state government into a department of permitting.  This will ensure better organization and coordination of permitting functions, allow for standardized training and processing procedures, and reduce duplicative efforts.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter     

DEPARTMENT OF PERMITTING

     §    -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "County agency" means a department, division, office, officer, agency, or other organization of a county government, including a county council.

     "County law" means a county charter provision, ordinance, or administrative rule.

     "County permit" means a permit that is subject to approval by a county agency pursuant to federal, state, or county law.

     "Department" means the department of permitting.

     "Director" means the director of permitting.

     "Permit":

     (1)  Means any approval, no matter the nomenclature, required by state law;

     (2)  Includes any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program required prior to constructing or operating a project; providing a good or service; operating a trade or business; or doing any or all things regulated, controlled, or managed by a state agency under state law.

     "Permit plan" means the aggregated set of required permits, coordinated by the department.

     "State agency" means a department, division, office, agency, or other organization of the state government, but not the legislative branch of the state government.

     "State law" means a state constitutional provision, statute, or administrative rule.

     §   -2  Staff.  The director may employ and dismiss staff without regard to chapters 76 and 89, to assist the director in the implementation of this chapter.  The salary of each staff member shall be set by the director; provided that staff members shall be entitled to participate in any public employee benefit program plan or privilege.

     The director may contract persons, without regard to chapter 103D, to assist the department in the implementation of this chapter.

     §   -3  General powers. (a)  The department may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at pleasure;

     (3)  Make and execute contracts and other instruments necessary or convenient to the exercise of its powers and duties; and

     (4)  Adopt rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs.

     (b)  In addition to other powers conferred upon it, the department may do all things necessary and convenient to carry out the powers expressly provided in this chapter.

     §   -4  General duties of the department.  (a)  The department shall have the function and responsibility to accept and review all applications for a permit, license, or other approval required under state law; and to issue, deny, or condition the issuance of the required permit, license, or approval.  The department shall:

     (1)  Gather from the applicant any information the department finds relevant and necessary for the reviewing and processing of a permit application; and

     (2)  Coordinate public meetings to:

         (A)  Allow members of the affected communities to provide input regarding the issuance of the permit or license;

         (B)  Promote public awareness of the subject matter of the proposed permit or license in the proposed area; and

         (C)  Allow the department, the applicant, and any applicable agency to gain public sentiment and input regarding the proposed permit or license.

     (b)  Where the particular activity under review requires additional approvals from federal agencies or under federal law or permits or approvals from county agencies, the department shall:

     (1)  Identify all permits, licenses, and approvals required by those federal or county agencies; and

     (2)  Coordinate and facilitate the joint processing of the application to ensure the timely review and obtain the required permits and approvals.

     (c)  The department shall develop and establish a permit plan application format and procedures that shall simplify and expedite the permitting functions of state government.

     (d)  The department may charge appropriate application, processing, issuance, and other permitting fees.  All fees shall be adopted pursuant to chapter 91, and shall be deposited into the permitting special fund established under section    -6.

     §   -5   Permit plan; permit processing.  (a)  The permit plan shall be a working document, available to the public and posted on the department's website, and shall be regularly updated with current information.  The permit plan shall be used to promote efficiency and transparency in the permitting process, including the coordinated and concurrent processing of permits where possible, while ensuring opportunities for appropriate public comment and participation, including public hearings.

     (b)  The permit plan shall be designed to ensure that all permits identified in the permit plan shall be processed and either approved or denied no later than twelve months after the date that the application is accepted by the director, subject to any extensions that may be requested by the applicant.

     §   -6  Permitting special fund.  (a)  There is created within the state treasury a permitting special fund, which shall consist of:

     (1)  Moneys appropriated to the fund by the legislature;

     (2)  Fees and other charges collected by the department under this chapter; and

     (3)  Moneys allotted to the fund from other sources.

     (b)  Moneys in the fund shall be expended by the department for the purposes of this chapter.

     §   -7  Rules.  The department may adopt rules pursuant to chapter 91 to implement this chapter.

     §   -8  Reports.  The department of permitting shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each legislative session outlining its progress and activities under this chapter."

     SECTION 3.  Section 26-4, Hawaii Revised Statutes, is amended to read as follows:

     "§26-4  Structure of government.  Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

     (1)  Department of human resources development (Section 26-5);

     (2)  Department of accounting and general services (Section 26-6);

     (3)  Department of the attorney general (Section 26-7);

     (4)  Department of budget and finance (Section 26-8);

     (5)  Department of commerce and consumer affairs (Section 26-9);

     (6)  Department of taxation (Section 26-10);

     (7)  University of Hawaii (Section 26-11);

     (8)  Department of education (Section 26-12);

     (9)  Department of health (Section 26-13);

    (10)  Department of human services (Section 26-14);

    (11)  Department of land and natural resources (Section 26-15);

    (12)  Department of agriculture (Section 26-16);

    (13)  Department of Hawaiian home lands (Section 26-17);

    (14)  Department of business, economic development, and tourism (Section 26-18);

    (15)  Department of transportation (Section 26-19);

    (16)  Department of labor and industrial relations (Section 26-20);

    (17)  Department of defense (Section 26-21);

    (18)  Department of public safety (Section 26-14.6)[.]; and

    (19)  Department of permitting (Section 26-     )."

     SECTION 4.  During the interim period before the convening of the 2011 regular legislative session, the governor shall prepare an organizational and functional plan for the department of permitting, and a plan for the orderly transition of the functions transferred by this Act.  The organizational and functional plan shall be submitted to the legislature no later than twenty days prior to the convening of the 2011 legislative session.

     SECTION 5.  (a)  There is created a task force within the office of the governor for administrative purposes only.  Member of the task force shall include:

     (1)  At least one representative from each state department with permitting powers;

     (2)  A representative from each county, appointed by the mayor of the county, who shall have knowledge and experience in the permit processing procedures used by that county;

     (3)  Three members, appointed by the governor, to represent small business;

     (4)  Three members, appointed by the governor, to represent developers, investors, and large landowners;

     (5)  Three members appointed by the president of the senate; and

     (6)  Three members appointed by the speaker of the house of representatives.

Members of the task force shall be exempt from section 26-34, Hawaii Revised Statutes, and shall serve without compensation but shall be reimbursed for expenses necessary for the performance of their duties, including travel expenses.

     (b)  The task force shall:

     (1)  Assist the governor in identifying departments and units of state government with permitting powers; and compile data relating to internal procedures for processing permit applications, criteria used to determine whether a permit is issued or denied, compliance and oversight over permittees, and enforcement actions used, if any;

     (2)  Compile information on areas or issues where applicants, permittees, and the general public have expressed dissatisfaction with each department's permit procedures;

     (3)  Review all policies and procedures with a view to identifying overlapping, redundant, or contradictory regulations and procedures; and

     (4)  Formulate an organizational structure for a department of permitting that will encompass permitting duties and responsibilities of all state departments in a "one-stop-shop".

     (c)  The task force shall report its findings to the legislature no later than twenty days prior to the regular session of 2011.

     (d)  The task force shall cease to exist on June 30, 2011.

     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; provided that in the event that the legislature fails to enact a bill establishing the powers, duties, and other provisions of the department of permitting during the regular session of 2011, this Act shall be repealed and section 26-4, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Department of Permitting

 

Description:

Creates a department of permitting.  Requires governor to prepare organizational and functional plan for transition to new department.  Establishes task force within governor's office to determine functions and responsibilities to be transferred to new department.  Report to legislature in 2011.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.