HB 331: RELATING TO PERMITS.

A BILL FOR AN ACT

RELATING TO PERMITS.

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

     SECTION 1.  The legislature finds that although most counties already exempt state agencies from certain permitting requirements, it is essential to ensure that all facilities under the jurisdiction of the department of education, university of Hawaii, and school facilities authority are also granted this exemption.  Eliminating the permitting process for repetitive construction projects for state departments and agencies will also accelerate the timeline for essential repairs and improvements, addressing critical infrastructure needs more efficiently across the State.

     The purpose of this Act is to:

     (1)  Establish an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency; and

     (2)  Clarify that, except for projects in special flood hazard areas, contracts for the construction, renovation, or repair of facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.

     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 permit exemption; repetitive construction projects.  (a)  A contract for repetitive construction projects of facilities under the control of any state department or agency shall be exempt from any applicable county permit requirement due to any county agency having jurisdiction over the proposed action; provided that no contract for repetitive construction projects shall be exempt from federal, state, or county floodplain management development standards or statutes, codes, ordinances, rules, or regulations with which compliance is required under the National Flood Insurance Program.

     (b)  For the purposes of this section, "repetitive construction project" means a construction project that consists of one-for-one replacements, minor renovations, or minor repair and maintenance, does not increase the plumbing or electrical demand, and does not require engagement with external agencies."

     SECTION 3.  Section 103-39.5, Hawaii Revised Statutes, is amended to read as follows:

     "§103-39.5  Construction, renovation, or repair of school facilities; county permit exemption.  Any contract for the construction, renovation, or repair of [public school] facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from any county requirement [of a county] that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit[.]; provided that this section shall not apply to a project that is within a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

County Permit Exemptions; Repetitive Construction Projects; State Departments; Off-site Improvements

Description:

Establishes an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency, under certain conditions.  Clarifies that, except for projects in special flood hazard areas, contracts for the construction, renovation, or repair of facilities under the control of the Department of Education, University of Hawaii, or School Facilities Authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO PERMITS.

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

     SECTION 1.  The legislature finds that although most counties already exempt state agencies from certain permitting requirements, it is essential to ensure that all facilities under the jurisdiction of the department of education, university of Hawaii, and school facilities authority are also granted this exemption.  Eliminating the permitting process for repetitive construction projects for state departments and agencies will also accelerate the timeline for essential repairs and improvements, addressing critical infrastructure needs more efficiently across the State.

     The purpose of this Act is to:

     (1)  Establish an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency; and

     (2)  Clarify that, except for projects in special flood hazard areas, contracts for the construction, renovation, or repair of facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.

     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 permit exemption; repetitive construction projects.  (a)  A contract for repetitive construction projects of facilities under the control of any state department or agency shall be exempt from any applicable county permit requirement due to any county agency having jurisdiction over the proposed action; provided that no contract for repetitive construction projects shall be exempt from federal, state, or county floodplain management development standards or statutes, codes, ordinances, rules, or regulations with which compliance is required under the National Flood Insurance Program.

     (b)  For the purposes of this section, "repetitive construction project" means a construction project that consists of one-for-one replacements or minor repair and maintenance, does not increase the plumbing or electrical demand, and does not require engagement with external agencies."

     SECTION 3.  Section 103-39.5, Hawaii Revised Statutes, is amended to read as follows:

     "§103-39.5  Construction, renovation, or repair of school facilities; county permit exemption.  Any contract for the construction, renovation, or repair of [public school] facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from any county requirement [of a county] that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit[.]; provided that this section shall not apply to a project that is within a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

County Permit Exemptions; Repetitive Construction Projects; State Departments; Off-site Improvements

Description:

Establishes an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency, under certain conditions.  Clarifies that, except for projects in special flood hazard areas, contracts for the construction, renovation, or repair of facilities under the control of the Department of Education, University of Hawaii, or School Facilities Authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to permits.

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

     SECTION 1.  The legislature finds that although most counties already exempt state agencies from certain permitting requirements, it is essential to ensure that all facilities under the jurisdiction of the department of education, university of Hawaii, and school facilities authority are also granted this exemption.  Eliminating the permitting process for repetitive construction projects for state departments and agencies will also accelerate the timeline for essential repairs and improvements, addressing critical infrastructure needs more efficiently across the State.

     The purpose of this Act is to:

     (1)  Establish an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency; and

     (2)  Clarify that contracts for the construction, renovation, or repair of facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.

     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 permit exemption; repetitive construction projects.  A contract for repetitive construction projects, including but not limited to one-for-one replacements and minor repair and maintenance, of facilities under the control of any state department or agency shall be exempt from any applicable county permit requirement due to any county agency having jurisdiction over the proposed action; provided that no contract for repetitive construction projects shall be exempt from federal, state, or county floodplain management development standards or statutes, codes, ordinances, rules, or regulations with which compliance is required under the National Flood Insurance Program."

     SECTION 3.  Section 103-39.5, Hawaii Revised Statutes, is amended to read as follows:

     "§103-39.5  Construction, renovation, or repair of school facilities; county permit exemption.  Any contract for the construction, renovation, or repair of [public school] facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from any county requirement [of a county] that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

County Permit Exemptions; Repetitive Construction Projects; State Departments; Off-site Improvements

Description:

Establishes an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency, under certain conditions.  Clarifies that contracts for the construction, renovation, or repair of facilities under the control of the department of education, university of Hawaii, or school facilities authority shall be exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.

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

STAND. COM. REP. NO.  427

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 331

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 331, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PERMITS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency; and

     (2)  Clarify that contracts for the construction, renovation, or repair of facilities under the control of the Department of Education, University of Hawaiʻi, or School Facilities Authority are exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit, except for projects in special flood hazard areas.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Department of Education; University of Hawaiʻi System; School Facilities Authority; Grassroot Institute of Hawaii; Hawaiian Islands Republican Women; and two individuals.  Your Committee received testimony in opposition to this measure from the Board of Water Supply of the City and County of Honolulu and one individual.

     Your Committee finds that the county permitting process coordinates work with fire, water, electrical, and various other county approvals.  This measure would streamline the permitting process for projects under the control of certain state agencies.

     Your Committee has amended this measure by specifying that repetitive construction projects include minor renovations.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 331, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 331, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  21

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 331

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 331 entitled:

"A BILL FOR AN ACT RELATING TO PERMITS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish an exemption from applicable county permit requirements for repetitive construction projects for facilities under the control of any state department or agency; and

     (2)  Clarify that contracts for the construction, renovation, or repair of facilities under the control of the Department of Education, University of Hawai‘i, or School Facilities Authority are exempt from county permitting requirements that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit.  

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; University of Hawai‘i System; School Facilities Authority; and two individuals.  Your Committee received comments on this measure from the Department of Education.

     Your Committee finds that most, but not all, counties exempt state agencies from county permitting requirements.  Your Committee believes that aligning the county permitting exemptions for state agencies across all counties will accelerate the timeline for essential repairs and improvements and more efficiently address critical repair and maintenance and infrastructural needs across the State.

     Your Committee has amended this measure by:

     (1)  Defining "repetitive construction project";

     (2)  Clarifying that county permitting exemptions do not apply to projects within a Special Flood Hazard Area;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 331, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 331, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Water & Land,