Hawaii-2024-SB765-Introduced

SECTION 1. The legislature finds that builders in Hawai‘i are generally required to obtain building permits from the county in which their project is located, for any new construction, additions or alterations, repairs and renovations, demolition, or relocation of a building or structure, to ensure that construction and renovation work is completed in accordance with federal, state, and local codes and ordinances. In addition, an inspection and issuance of a certificate of occupancy by the county is required before the building or structure can be used.

The legislature further finds that county planning departments have been experiencing hardship in hiring qualified land use plans checkers, resulting in a chronic backlog of permit applications. Notably, a survey report issued in April 2022 by the University of Hawaii Economic Research Organization, titled "Measuring the Burden of Housing Regulation in Hawaii", found Hawai‘i's four counties to be among the nation's eleven most heavily regulated counties when it comes to building homes and that the average delay in issuing building permits in Hawai‘i is three times longer than the survey sample mean.

The legislature also finds that in addition to private developers, various state departments, including the departments of agriculture, education, Hawaiian home lands, land and natural resources, transportation, and the University of Hawaii system, as well as affiliated state agencies such as the Hawaii housing finance and development corporation and Hawaii public housing authority, routinely oversee construction projects, all of which require approval from the county in which the project is located.

As multiple stages of project review contribute to the county planning departments' backlog, the legislature believes it prudent to eliminate some of the barriers that prevent expeditious construction of projects that are overseen by the State. Furthermore, state departments and their affiliated agencies already utilize engineering staff that are qualified to draft building plans that comply with all applicable building codes and amendments adopted by the State and its counties. Therefore, the legislature finds that for state projects, the county building permit, inspection, and certificate of occupancy requirements are duplicative, and a courtesy notification of the project to the county should suffice.

Accordingly, the purpose of this Act is to exempt state projects from county building permit, inspection, and certificate of occupancy requirements under certain conditions.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- County building permit, inspection, and certificate of occupancy requirements; exemption; state projects; notice; county review and comment. (a) Notwithstanding any other law to the contrary, state projects shall be exempt from county building permit, inspection, and certificate of occupancy requirements when compliant with applicable building codes or county, national, or international prescriptive construction standards, including construction, electrical, energy conservation, plumbing, and sidewalk standards, as applicable; provided that the state agency responsible for the state project shall submit for review and comments a building permit exemption notice, on a form as prescribed by the county, to the county in which the state project is located. The building permit exemption notice shall include all documents and information pertaining to the state project as required by the county pursuant to section (b). Any county in receipt of a building permit exemption notice shall review the state project and provide written comments to the state agency within thirty days of the county's receipt of the notice. If on the thirty-first day, written comments are not provided, the state project may proceed without having received written comments.

(b) Each county shall adopt ordinances that govern its processes and procedures regarding building permit exemption notices and in reviewing and commenting upon state projects, including the county department to which the building permit exemption notice under subsection (a) shall be submitted, the form thereof, and the documents and information that shall be attached thereto.

(c) Nothing in this section shall relieve any state project from the laws, ordinances, rules, and regulations of the State and county or any departments or boards thereof with respect to the construction, operation, and maintenance of the state project, compliance with master plans or zoning laws or regulations, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature applicable to the state project.

(d) As used in this section:

"Building permit" means an authorization required and issued by a county to perform within the jurisdiction of the county, specified work governed by the county's building, construction, electrical, energy conservation, plumbing, or sidewalk codes, as applicable.

"State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State.

"State lands" means all land owned by the State through any state agency.

"State project" means any undertaking of work or improvement of state lands or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by a state agency."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

County Building Permit, Inspection, and Certificate of Occupancy Requirements; Exemption; State Projects; Notice to Counties; County Review and Comments

Description:

Exempts state projects from county building permit, inspection, and certificate of occupancy requirements under certain conditions. Requires the state agency responsible for the state project to submit for review and comments, a building permit exemption notice to the county in which the state project is located. Requires the county to review and submit written comments regarding the state project within thirty days of its receipt of notice and if on the thirty-first day, written comments are not provided, the state project may proceed. Requires the counties to adopt ordinances. Defines building permit, state agency, state lands, and state project.

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

THE SENATE	S.B. NO.	765
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII