REPORT TITLE:
Permit Processing

DESCRIPTION:
Changes the name of the consolidated application process to the
facilitated application process; adds county representation to
the task force; and sunsets the task force on June 30, 2002.
(CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1079
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 3
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PERMIT PROCESSING.



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

 1      SECTION 1.  The purpose of this Act is to change the name of
 
 2 the consolidated application process to facilitated application
 
 3 process.  The legislature recognizes that the present
 
 4 "consolidated application process" is often mistaken as a single
 
 5 permit application for all required state permits.  Changing the
 
 6 name to "facilitated application process" will more accurately
 
 7 describe what the process does, namely, assists applicants in
 
 8 obtaining state and county permits, facilitates the application
 
 9 for and tracking of such permits, and makes the complicated
 
10 permit application and approval process more efficient and
 
11 predictable.  The Act also amends the permit process task force
 
12 enabling legislation to reflect needed changes in membership and
 
13 sunset provisions.
 
14      SECTION 2.  Section 201-62, Hawaii Revised Statutes, is
 
15 amended:
 
16      (1)  By amending the title to read as follows:
 
17      "�201-62  [Consolidated] Facilitated application process."
 
18       (2)  By amending subsections (a) to (d) to read as follows:
 
19      "(a)  State agencies are required, and county agencies are
 

 
Page 2                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

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

 
Page 3                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1           [consolidated] facilitated application process;
 
 2      (3)  The applicant and each agency or authority required or
 
 3           agreeing to participate in the [consolidated]
 
 4           facilitated application process shall designate a
 
 5           representative to serve on the [consolidated]
 
 6           facilitated application review team;
 
 7      (4)  Any state agency or authority designated by the
 
 8           department as a party to an application review that is
 
 9           not able to participate, shall submit an explanation,
 
10           in writing, to the department as to the reasons and
 
11           circumstances for noncompliance;
 
12      (5)  The representatives of the agencies, authorities, and
 
13           the applicant may develop and sign a joint agreement
 
14           among themselves identifying the members of the
 
15           [consolidated] facilitated application review team,
 
16           specifying the regulatory and review responsibilities
 
17           of each government agency and setting forth the
 
18           responsibilities of the applicant, and establishing a
 
19           timetable for regulatory review, the conduct of
 
20           necessary hearings, preparation of an environmental
 
21           impact statement if necessary, and other actions
 
22           required to minimize duplication and coordinate the
 
23           activities of the applicant, agencies, and authorities;
 

 
Page 4                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1      (6)  Each agency or authority shall issue its own permit or
 
 2           approval based upon its own jurisdiction.  The
 
 3           [consolidated] facilitated application process shall
 
 4           not affect or invalidate the jurisdiction or authority
 
 5           of any agency under existing law; and
 
 6      (7)  The applicant shall apply directly to each federal or
 
 7           county agency that does not participate in the
 
 8           [consolidated] facilitated application process.
 
 9      (d)  If a state regulatory permit is necessary to obtain a
 
10 county permit, then a county agreeing to participate in the
 
11 [consolidated] facilitated application process may advise the
 
12 applicant of the [consolidated] facilitated application
 
13 procedure.  To apply for the [consolidated] facilitated
 
14 application procedure, applicants for county permits involving
 
15 state permit approvals shall submit a form, which shall be issued
 
16 by the department; provided that this procedure shall apply only
 
17 to state permits that need to be approved by a state agency
 
18 following a review of the plans and certifications submitted by
 
19 the applicant.  State permits that are approved by rule require
 
20 only that the licensed design professional certify that the plans
 
21 and specifications are in compliance with state rules.  No review
 
22 by a state agency is required for state approval.  Plans and
 
23 specifications requiring state agency review shall be submitted
 

 
Page 5                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1 with the [consolidated] facilitated application procedure to the
 
 2 appropriate state agency, with a copy to the department.  If a
 
 3 state permit is approved by rule, then the participating county
 
 4 shall provide a set of drawings and specifications submitted by
 
 5 the applicant to the state agency that developed the rules.
 
 6      In developing the procedures for approval by rule and by
 
 7 review, permit requirements shall be clearly stated.  Performance
 
 8 standards, rather than specific technologies or procedures, shall
 
 9 be specified when appropriate."
 
10      SECTION 3.  Section 201-62.5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "�201-62.5  Permit process task force.(a)  To assist the
 
13 department of business, economic development, and tourism in the
 
14 [consolidated] facilitated application process, there is
 
15 established a permit process task force within the department for
 
16 administrative purposes to streamline and facilitate the state
 
17 permit approval process[.] for county building permit
 
18 applications requiring state agency approval.
 
19      (b)  The task force shall consist of [eleven] sixteen
 
20 members[, who shall be appointed by the governor.  The task force
 
21 shall consist of:] as follows:
 
22      (1)  The comptroller or the comptroller's designated
 
23           representative;
 

 
Page 6                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1      (2)  The director of business, economic development, and
 
 2           tourism or the director's designated representative;
 
 3      (3)  The director of health or the director's designated
 
 4           representative;
 
 5      (4)  The director of labor and industrial relations or the
 
 6           director's designated representative;
 
 7      (5)  The chairperson of the board of land and natural
 
 8           resources or the chairperson's designated
 
 9           representative;
 
10      (6)  The director of transportation or the director's
 
11           designated representative;
 
12      (7)  [Representatives] One representative of construction
 
13           labor unions[;] appointed by the governor;
 
14      (8)  [Representatives] Three representatives consisting of
 
15           developers, licensed building contractors, and members
 
16           of the American Institute of Architects Hawaii State
 
17           Council and the Consulting Engineers Council of
 
18           Hawaii[; and] appointed by the governor;
 
19      (9)  [A representative] Two representatives from the public
 
20           at large[.] appointed by the governor; and
 
21     (10)  One representative from each of the four counties
 
22           appointed by the mayor of each county.
 
23      Each member of the task force shall serve [for a two-year
 

 
Page 7                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1 term.] until June 30, 2002.  The members of the task force shall
 
 2 serve without compensation, but shall be reimbursed for expenses,
 
 3 including travel expenses, necessary for the performance of their
 
 4 duties.  Any vacancy on the task force shall be filled in the
 
 5 same manner in which the original position was filled.
 
 6      (c)  The task force, in conjunction with each affected state
 
 7 agency, shall:
 
 8      (1)  Examine the [consolidated] facilitated application
 
 9           process and review all state agency rules pertaining to
 
10           the state permit approval process for county building
 
11           permit applications to determine the source of
 
12           inefficiencies, delays, and duplications, and the
 
13           status of permits in progress;
 
14      (2)  Identify all permits and approvals that the State
 
15           currently requires from applicants seeking approvals
 
16           for projects that require county permit applications;
 
17      (3)  Recommend to the governor which permits presently
 
18           approved by review shall be approved by rule [and which
 
19           permits shall be approved by review], including the
 
20           justification for approving [each permit] the permits
 
21           by rule [or by review]; and
 
22     [(4)  Adopt a plan and make recommendations to enable all
 
23           applicants seeking state agency approval for permits,
 

 
Page 8                                                     1079
                                     S.B. NO.           S.D. 1
                                                        H.D. 3
                                                        C.D. 1

 
 1           to undergo the permit by rule procedure, rather than
 
 2           the permit by review procedure; and
 
 3      (5)] (4)  Provide recommendations to expedite and facilitate
 
 4           the permit approval process within each state agency
 
 5           for applicants seeking state permit approvals to start
 
 6           construction.
 
 7      (d)  For purposes of this section:
 
 8      "Permit by review" means permits approved by the appropriate
 
 9 state departments.
 
10      "Permit by rule" means permits approved by administrative
 
11 rule.
 
12      (e)  This section shall be repealed on June 30, 2002."
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect upon its approval.