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THE SENATE |
S.B. NO. |
2378 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that, since the enactment of Act 295 (2025), codified as section 46-90, Hawaii Revised Statutes, amendments are necessary to provide clarity on insurance matters to encourage more participation in the expedited permit process.
Accordingly, the purpose of this Act is to clarify the insurance requirements for participation in the expedited permitting process for single-family and multi-family housing projects.
SECTION 2. Section 46-90, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) An applicant or the applicant's agent may
submit a request to the county for an expedited permit if sixty business days
have lapsed after the application was considered complete by the relevant
agency and the application has not received full approval by the county. The request by the applicant or the
applicant's agent shall include:
(1) A full and complete set of plans;
(2) Statements or evidence from the relevant permitting agencies that adequate infrastructure capacity is available to service the project site and specified improvements;
(3) The following information from all licensed professionals on record:
(A) Policies of insurance that:
(i) Name the State and county as additional
[insurers;] insureds for general liability insurance;
(ii) Are in amounts equivalent to at least $2,000,000; and
(iii) Specifically allow coverage for the completed project for the period under section 657-8; and
(B) A statement that indemnifies and holds
harmless the State, its officers, agents, and employees and the county, its
officers, agents, and employees[;] from and against claims, damages,
losses, and expenses, including attorneys' fees, to the extent caused by a
licensed professional's negligence;
(4) A statement that sixty business days have lapsed without approval since the application would have been considered complete by the relevant agency; and
(5) The required county contractor's statement."
2. By amending subsections (e) and (f) to read:
"(e) After approval, the licensed professional on
record or county shall ensure that the project construction is in compliance
with the approved plans under the expedited permit, including but not limited
to the requirements under chapter 6E and all applicable ordinances regarding
land use, set-back, height, and site development requirements for the project
site. State [and] or
county inspectors shall [not be precluded from entering and inspecting
project sites] inspect all projects with expedited permits. Licensed professionals and contractors shall
address any defects in construction identified by state or county inspectors;
provided that the defects in construction are consistent with the
specifications in the approved plans. If
the defects are not consistent with the approved plans, the licensed
professional shall note the disagreement and assume review responsibility as
the approving authority or initiate a change to the plans to address the
defect. Consistent with the requirements
and time periods established by each county, all licensed contractors and the
licensed professional or the licensed contractors' or licensed professional's
successor agents shall maintain a record of inspected structural, civil,
plumbing, and electrical systems after a certificate of occupancy is issued and
provide a copy of that record to the applicant and the county.
(f) [Upon completion of construction, the
licensed professional shall certify in writing to the county that a certificate
of occupancy is warranted and all laws, rules, ordinances, and conditions
governing permitted construction have been met, along with any necessary
as-built drawings consistent with the requirements of each county.] The county shall issue [the] a
certificate of occupancy to the applicant and may notate that the
certificate is approved by the licensed professional under an agreement
pursuant to an expedited permit, and not a county official."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Counties; Housing; Expedited Permitting; Insurance; Inspections
Description:
Clarifies insurance requirements for single-family and multi‑family housing projects to obtain expedited permitting from county agencies. Clarifies that state or county inspectors shall inspect all projects with expedited permits. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.