Bill Text: HI SB114 | 2012 | Regular Session | Introduced
Bill Title: Permit Processing
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB114 Detail]
Download: Hawaii-2012-SB114-Introduced.html
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THE SENATE |
S.B. NO. |
114 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to permit processing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§46‑ County building permits; no liability; architect's stamp. If an architect, licensed under chapter 464, has affixed the architect's stamp upon the application for building permit or approval, each county agency responsible for issuing any building permit or approval shall be absolved of any and all liability related to the issuance of the permit or approval. The agency shall also be relieved of any duty to conduct a project review if an architect, licensed under chapter 464, has affixed the architect's stamp upon the application for a building permit or approval."
SECTION 2. Section 201-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The procedure shall be as follows:
(1) An applicant for two or more state permits may apply in writing to the department requesting a facilitated application process for the consideration of the application. The written request shall include sufficient data about the proposed project for the department to determine which other agencies or authorities may have jurisdiction;
(2) Upon receiving a written request for the facilitated application process, the department shall notify all federal, state, and county agencies or authorities that the department determines may have jurisdiction over part or all of the proposed project, and require those state agencies or authorities and invite those county and federal agencies or authorities to participate in the facilitated application process;
(3) The applicant and each agency or authority required or agreeing to participate in the facilitated application process shall designate a representative to serve on the facilitated application review team;
(4) Any state agency or authority designated by the department as a party to an application review that is not able to participate, shall submit an explanation, in writing, to the department as to the reasons and circumstances for noncompliance;
(5) The representatives of the agencies, authorities, and the applicant may develop and sign a joint agreement among themselves identifying the members of the facilitated application review team, specifying the regulatory and review responsibilities of each government agency and setting forth the responsibilities of the applicant, and establishing a timetable for regulatory review, the conduct of necessary hearings, preparation of an environmental impact statement if necessary, and other actions required to minimize duplication and coordinate the activities of the applicant, agencies, and authorities;
(6) Each agency or authority shall issue its own
permit or approval based upon its own jurisdiction[.]; provided that
each agency or authority shall be absolved of any and all liability related to
the issuance of the permit or approval if an architect, licensed under chapter
464, has affixed the architect's stamp upon the application for a permit or
approval; and provided further that the agency or authority shall be relieved
of any duty to conduct a project review if an architect, licensed under chapter
464, has affixed the architect's stamp upon the application for a permit or
approval. The facilitated application process shall not affect or
invalidate the jurisdiction or authority of any agency under existing law; and
(7) The applicant shall apply directly to each federal or county agency that does not participate in the facilitated application process."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Permit Processing
Description:
Streamlines the facilitated application process by authorizing the use of an architect's stamp to absolve permitting agencies of liabilities in issuing a permit or approval and to relieve permitting agencies of any duty to conduct project reviews prior to issuing a permit or approval.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
