Simplifying Permitting for Enhanced Economic Development (SPEED) Task Force
- Greggor Ilagan
Legislator
Welcome, everyone to the Simplifying Permitting for Enhanced Economic Development Speed Task Force. Today is Thursday, September 11, 2025. It is 9:30am in Conference Room 325, with participation also available via Zoom. Thank you for your patience. We will begin with introductions, but first, our Members joining on Zoom.
- Greggor Ilagan
Legislator
Please state your name and let us know if anyone is with you. If not, simply say you are alone. We will start with Hawaii County.
- Aaron Spielman
Person
Hi, my name is Aaron Spielman, architect, Deputy Building Chief. And I'm alone.
- Neal Tanaka
Person
Good morning. Neil Tanaka, Planned Examinee Manager, County of Hawaii. Honored to be here and that I am alone today.
- Greggor Ilagan
Legislator
All right, let's move on to is? Denise, let's go with you. You are an individual representing new homeowners.
- Denise Nakanishi
Person
Yeah. Denise Nakanishi. I'm with Real Broker LLC and Team Nakanishi in Hilo.
- Greggor Ilagan
Legislator
Would you do us a favor and could you please turn on your video for the meeting?
- Greggor Ilagan
Legislator
If you. Thank you. Perfect. And once we, once we figure out the quorum, you can actually, I'll make sure that you'll be the first one to turn off your video and you'll still be able to participate. Moving on to PUC. All right. We don't have Andrew here.
- Andrew Okabe
Person
Oh, sorry, Rep., I'm here. Andrew Okabe, Hawaii Public Utilities Commission, one of the analysts assigned. I am, however, back up to Anand Samtani, who is our supervising economist. And we are here on behalf of Chair Leo Asuncion of the Chair of the Public Utilities Commission. Thank you.
- Greggor Ilagan
Legislator
Thank you, Andrew. Moving on to the Land Use Commission. All right, it looks like Brian.
- Greggor Ilagan
Legislator
Daniel, would you do me a big favor and please turn on your video?
- Greggor Ilagan
Legislator
All right, well, Dan is here and unfortunately, there are some technical difficulties. Moving on to our residential developer, HPM.
- Darrell Oliveira
Person
Good morning. Darryl Oliveira, Director of Risk Management, HPM. And I'm alone.
- Tom Cook
Person
Hi. Tom Cook, South Maui County Council Rep. And I'm in my hotel room on Big Island.
- Jordan Molina
Person
Hi, good morning. Jordan Molina. I'm the Director with Public Works for the County of Maui, calling in from my office alone. Thank you.
- Lance Nakamura
Person
I'm Lance Nakamura, Assistant Administrator for the Development Services Administration of Public Works, County of Maui. And I am alone.
- Wade Shimabukuro
Person
Wade Shimabukuro, Public Works Development Services Administration Administrator. And I'm in my office alone.
- Kristin Shimada
Person
Kristin Shimada, County of Maui, Chief Building Plans Examiner from my office. And I'm alone.
- Greggor Ilagan
Legislator
All right, we're going to move on to, we have AIA representing commercial developer. Is anyone here?
- Morgan Gerdel
Person
Yes, Morgan Gerdel, representing American Institute of Architects of Hawaii.
- Greggor Ilagan
Legislator
Thank you. We're currently just focusing on Zoom at the moment. We will go around in our physical space and introduce everybody here. This is to comply with Sunshine and make sure transparency is our priority. Moving on. So currently there's no one in Zoom representing AIA.
- Greggor Ilagan
Legislator
And is there anyone else who I have now called on Zoom that's in the task force?
- Greggor Ilagan
Legislator
Thank you, Aaron. Is there anyone else? All right, now that we accounted everybody in Zoom, we are going to move on to here in our physical space. For everyone here, I will begin by stating my name, my title, and organization. Then the person to my right will do the same.
- Greggor Ilagan
Legislator
And we will continue until everyone has been introduced who's in the task force? So, my name is Gregory Ilagan, State Representative in the State House.
- Christine Camp
Person
Good morning. My name is Christine Camp from Avalon Development Company. While I develop both residential and commercial. Today I'm representing the commercial commercial developers.
- Dean Minakami
Person
Good morning. Dean Minakami, Executive Director of the Hawaii Housing Finance and Development Corporation.
- Greggor Ilagan
Legislator
And please find a microphone where you can, because if you are not speaking onto the mic, then the people in Zoom cannot hear you.
- Kira Kahane
Person
Kira Kahane, Deputy Director, DLNR, Commission on Water Resource Management.
- Cameron Black
Person
Good morning. Cameron Black from the Hawaii State Energy Office. I manage our Jobs and Outreach Branch on behalf of our Chief Energy Officer, Mark Glitt. Thank you.
- Seiji Ogawa
Person
Seiji Ogawa, Program Manager from Office of Planning, Sustainable Development.
- Morgan Gerdel
Person
Morning. Morgan Gerdel with the American Institute of Architects for the Hawaii State Council.
- Cameron Deptula
Person
Aloha. Cameron Deptula, Special Advisor, Office of the Governor.
- Jennifer Salisbury
Person
Good morning. Jennifer Salisbury from Maui, representing Small Business Regulatory Review Board.
- Jonathan Nagato
Person
Morning. John Nagato, Department of Health, Wastewater Branch Program Manager.
- Leolynne Escalona
Person
Good morning, everyone. Leolynne Escalona, County of Kauai, Development and Enforcement Manager.
- Mary Evans
Person
Aloha. Mary Alice Evans, Director of the State Office of Planning and Sustainable Development.
- Tyson Miyake
Legislator
Good morning. Tyson Miyake, State Representative, District 10, Maui
- Greggor Ilagan
Legislator
I do see some of the other tasks for his members who settling in. Could you please. If you could approach the mic, please.
- Ian Withy-Barry
Person
Ian Withy-Barry, Policy Assistant in the office of the Governor.
- Sharla Bellanoza
Person
Good morning. Sharla Bellanoza with the Hawaii Government Employees Association.
- Perry Arrasmith
Person
Aloha. Good morning. Perry Arrasmith, Director of Policy at Housing Hawaii East Future.
- Anand Samtani
Person
Aloha. I'm Anand Samtani, supervising economist, PUC, representing. PUC 4. Leo Asuncion, Chairman.
- Monica Toguchi Ryan
Person
Good morning. I'm Monica Toguchi Ryan, Economic Development for the Chamber of Commerce, specifically for family business.
- Greggor Ilagan
Legislator
Last call. Thank you for that exercise and thank you for your patience. We will not do that ever again. Actually, I did miss one more. Vice speaker, could you please come up and state. Well, Linda Ichiyama, Vice speaker, the State House. Is there anyone else that I missed? Okay, yes, we will not do that again.
- Greggor Ilagan
Legislator
We just. This is our first meeting. We want to make sure that everyone stated their name. And because of Sunshine, it allows us to be flexible in that sense. Well, thank you, Members, and thank you for your participation in our Speed Task Force.
- Greggor Ilagan
Legislator
So, public testimony will be heard throughout the meeting specific to the agenda item on hand. I will now open up the floor for public testimony only on the first item of the agenda, which is the Chair's report on the Speed Task Force orientations. Anyone on Zoom wishing to testify? We have. Mr. Mold, are you in Zoom?
- Greggor Ilagan
Legislator
Doesn't look like he is. Not present. All right, we're going to move back to our physical space. Is there anyone here in person wishing to testify? Seeing none, we will move on to our first agenda item of the day. Today, Members, is a very special day.
- Greggor Ilagan
Legislator
And as part of my Chair's remark, let us take a moment of silence in remembrance of September 11th. Even though this tragedy happened far from Hawaii, it touched us deeply. Today, 24 years later, we pause to honor those who were lost and to remember the unity that carried our nation forward.
- Greggor Ilagan
Legislator
Everyone, please close your eyes as we take a moment of silence in remembrance of 911.
- Greggor Ilagan
Legislator
Thank you. Well, I've been conducting presentations statewide to share the task force work on simplifying permitting. I share this to ensure transparency and in keeping with sunshine laws, so the public knows where these presentations occurred, and which Task Force members were present.
- Greggor Ilagan
Legislator
On July 18, I presented the Speed Task Force Orientation PowerPoint, which is included in our board packet, to a Transit Oriented Development Council meeting. Members present were Mary Alice Evans, Dean, Minakami, and Seiji Ogawa. If I missed anyone, please identify yourself, if you are in that meeting.
- Greggor Ilagan
Legislator
On August 13, I presented to the Maui Chamber of Commerce and Jennifer Salisbury was present. Anyone else was present at that meeting?
- Greggor Ilagan
Legislator
On August 14, I presented to the Kona Kohala Chamber on August 28 to the Japanese Chamber of Commerce on Hawaii Island, on September 2nd to the Hawaii Island Chamber of Commerce, on September 4th to the Hawaii Island Native Hawaiian Chamber, and last, on September 5 to the Kapolei Chamber of Commerce.
- Greggor Ilagan
Legislator
No Task Force members were present at these meetings. If I miss anyone in those meetings, please identify yourself. Any comments from members before we move on to our presentations? Agenda items 2 and 3 are presentations from Kauai County and Hawaii County on the building permit process. Public testimony is now open.
- Greggor Ilagan
Legislator
Anyone on Zoom wishing to testify on these two items? We're going to move from Zoom to the physical space. Anyone here in person wishing to testify? Seeing none. Testimony is closed. We will now transition to the presentation from Kauai County. You will have 20 minutes to present, followed by 10 minutes for questions. Kauai County, please proceed.
- Greggor Ilagan
Legislator
Let's take a moment and get the PowerPoint situated. Now. Bear with us. This is our first PowerPoint, so it may take a second. Go ahead.
- Kaʻāina Hull
Person
Okay, so I'll just give a general overview. On PowerPoint—I'm not the best PowerPoint person, quite honestly. Leo put together a wonderful portion of PowerPoint for zoning, but I'll kind of just go through the tiers of permitting and those first 10 slides. Whoever is operating the PowerPoint, feel free to click it when you think appropriate.
- Kaʻāina Hull
Person
I think for much of the group, you consider the building permit and permitting process under the DPP model, in which zoning and building are one in the, you know, a one stop shop, essentially. That does not hold true for the Outer Islands.
- Kaʻāina Hull
Person
The Planning Director, unlike the Planning Director for a city and county, oversees zoning permits but does not oversee building permits.
- Kaʻāina Hull
Person
So, the Planning Department processes zoning permits and the Building Department, which is on the other islands within the Public Works Division, processes—process—process building permits and you need to kind of look at zoning permits are essentially for form and character.
- Kaʻāina Hull
Person
And that's primarily what they're after, ensuring that the farm character is in keeping with what the community vision and plans are for these specific areas. The zoning will also generally dictate density, one unit per acre and upward. And the building permits are generally much more concerned with health and safety.
- Kaʻāina Hull
Person
The zoning permit process for Kauai, from a farm and character standpoint, from a draftsman or architect standpoint, is actually less, I don't want to use the word intrusive, but less robust, if you will, because we're more concerned with the farm and character.
- Kaʻāina Hull
Person
So, for zoning permits, you don't actually need an architectural stamp because we're not so much concerned with the building falling over the person's head. For building permits though, you certainly do need an architectural stamp because of, again, it's that health and safety issue.
- Kaʻāina Hull
Person
There are some zoning permits that will be required that will not require building permits, things like change in use or certain structures that are not as large to trigger a building permit. So, there is a usefulness of having a bifurcated process whereby some applications just won't need an architectural stamp because they don't need a building permit.
- Kaʻāina Hull
Person
The zoning permit process is also essentially two tiered. You have the ministerial zoning permit process, which are the outright permissible uses and structures, such as a single-family dwelling in the residential district, insofar as the application meets the various zoning regulations, setback, height, so on and so forth.
- Kaʻāina Hull
Person
The Planning Department is required by law to approve that permit. If it lists too long—our timeline is 30 days—if it's in our queue for longer than 30 days and we haven't taken action on it, it is automatically approved by law. That's for the ministerial permit.
- Kaʻāina Hull
Person
Now, there are also on the second tier for zoning permits, the discretionary permits, and these are permits that need higher scrutiny. They're generally for larger impact type uses or uses that aren't quite in keeping with the zoning district that's being proposed, such as, I don't know, a bar in the residential neighborhood.
- Kaʻāina Hull
Person
You're going to have to get a use permit. And the primary purpose of the use permit is to ensure compatibility because it's a higher, intensified use in an area that might not be generally permissible, just to ensure the compatible nature of that proposal within the community, within the environment, within the area. And that's our zoning permit process.
- Kaʻāina Hull
Person
So, those discretionary permits will be for the Planning Commission. The Planning Department will be advisory to the Planning Commission. But those discretionary permits are only acted upon by the Planning Commission and that's via a public hearing.
- Kaʻāina Hull
Person
And these discretionary permits, of course, the potential for them to be lengthy and this being the SPEED Task Force, comes into the fact that they have the potential for intervention from an aggrieved party or party that wants to be a party to the, to the proceedings.
- Kaʻāina Hull
Person
If there is an intervention and a discretionary permit, and you know, I don't want to say that the litmus test for intervention is a beating heart, but to a certain degree, as long as you've got some interest, you're probably going to be granted intervention and standing into the proceedings.
- Kaʻāina Hull
Person
And that will turn it into a minimum two-year process because of the contested case hearing nature, the various hearings that are associated with it. It is essentially a quasi-judicial proceeding.
- Kaʻāina Hull
Person
And if the party is aggrieved or the applicant feels aggrieved by the action of the Planning Commission after they finally review and take action on the case, it certainly can go on to the appellant courts or to the courts and the appellant courts.
- Kaʻāina Hull
Person
So, you do see some contested case situations lasting for 7, 8, 9, maybe even 10 or 12 years before any action from the courts. So, from that aspect, the potential for a lengthy review process does definitely occur whenever you have the potential for intervention. And that's essentially the zoning permit tiers for the County of Kaua'i.
- Kaʻāina Hull
Person
I also add to that with the Planning Department review is the special management area. So, on behalf of the Cesium Law established in HRS, the counties process and review those applications in the coastal area. You have SMA Minor Permits that are outright somewhat ministerial to a certain degree, and then you have permits that require Planning Commission review.
- Kaʻāina Hull
Person
You know, generally speaking, it's a much lengthier process and without getting into the nuances of it, for the most part, the County Kauai Planning Department feels that having a lengthier process in the coastal area and environmental sensitive areas is appropriate.
- Kaʻāina Hull
Person
But it is, by all means—there's a joke that if you're going to cough in the SMA, you need an SMA determination at a minimum. So, thems is just apples. But again, if it's at the discretionary level, certainly it has the opportunity for intervention, and that can potentially be a several yearlong process. That is the zoning permit process in a nutshell.
- Kaʻāina Hull
Person
And this process feeds into the building permit review insofar as long as the building permit proposals with the architectural stamp meet what was approved in the zoning permit, the Planning Department sign us off on the building permit and the same holds true for the Planning Commission level permits insofar as what gets submitted to the Building Division is what was approved informing character and design by the Planning Commission.
- Kaʻāina Hull
Person
The Planning Department signs off on behalf of the Planning Commission for the building permits. But it is a two track process. Before I turn it over to Leolynne to go over our building permit process—I don't know, Rep, if we're taking questions, or.
- Kaʻāina Hull
Person
I'll, I'll just turn it over to Leolynne to go over the building permit process.
- Leolynne Escalona
Person
All right, thank you. So, went over briefly the function of the Planning Department. They have the Class 1, Class 2, 3, and 4 zoning permits.
- Greggor Ilagan
Legislator
Leolynne, if you don't mind, could you just move the mic so it's right? Thank you.
- Leolynne Escalona
Person
Okay, thank you. So, as, as I stated, Planning Department, they have Class 1, 2, 3, and 4 zoning permits with varying degrees of requirements. But for the Building Division, we're just dealing with the actual construction, so, that would be building, plumbing, and electrical. So going over some of the items that you requested and it is presentation.
- Leolynne Escalona
Person
As far as submitting your planning and your building permit applications, we have two options, either online or in person, and we have links on our county website to do such. So, part of today's focus was for new builds, renovations, and conversions. I'm not going to go through all of the information that I wrote on the slideshows.
- Leolynne Escalona
Person
I'll just do an overview. But I tried to put in as much information as I could so people could use that for reference if they're looking deeper into applying for permitting with our county.
- Greggor Ilagan
Legislator
And Leolynne, make sure that we're on the right slide while we go through your presentation.
- Leolynne Escalona
Person
Yeah. Okay. So, this is our county website. We have, as it states, Planning Department, they have their zoning permit applications online, as well as Building Division permit applications. Next slide. So, for today's focus, it was a multi-tier request for initially homeowner and family-owned businesses.
- Leolynne Escalona
Person
We, at Building Division, whenever someone approaches our office, they want to maybe build a house, I guess house and extension, we always encourage the applicants to first check with any department to check on the zoning and see if that is even possible for their area.
- Leolynne Escalona
Person
Another division that we encourage people to look at is engineering if there's any flood pain issues.
- Leolynne Escalona
Person
And the next department would be Department of Water, if you're adding another dwelling to your parcel that might require a new water meter, and they would need to check with their agency to see if there is a capability in their area for additional water.
- Leolynne Escalona
Person
For the County of Kauai, we have a lot of properties that are on individual wastewater systems. Oh, and obviously a lot of older homes that are on cesspool. For State Department of Health, if you're doing any renovations or additions to dwellings that are currently on cesspool that you require the FDE upgrade to septic system. So, that's also another consideration.
- Leolynne Escalona
Person
If you are planning on doing a new build or extension, you would need to have your individual wastewater system installed and improved by Department of Health before the building permit is approved. Also, for the County of Kauai, we have a Fire Department that looks at new and remodeled construction.
- Leolynne Escalona
Person
They want to check for apparatus access and also water capacity. In some instances for residential construction, they have required that the owners install their own fire sprinkler system because they don't have the equipment or the water capability to get out to their property. Thanks a lot. Okay.
- Leolynne Escalona
Person
Okay, so, for residential and commercial developers, essentially the same process is residential, but now we're getting into the different types of zoning permits, which, in some instances, is a lot more complex process. It might need to go to Planning Commission, so we always encourage these types of applicants, GFRs, get their zoning permit approved even before they apply for the building permit.
- Leolynne Escalona
Person
Next slide. One of the questions that was posed was...if Kauai is for permitting. We're currently on Central Square. We're also looking at soliciting bids for a new enterprise resource planning system to replace Central Square. Next slide.
- Leolynne Escalona
Person
And we're also using Novotx, their Elements XS, and a lot of functions of the county are moving over into this area, using ArcGIS. So, it's a gradual process for us, but we are moving towards this platform. Next slide.
- Leolynne Escalona
Person
If County of Kauai has been 100% electronics since 2017, we're using ProjectDox Evolve and January of this year we went through a major software upgrade and right now, evolved as Integrate with Central Square. Next slide. This is an overview of ProjectDox.
- Leolynne Escalona
Person
So, this electronic plan review allows us to have applicants submit reviewing agencies, do their plan review all electronically online and all simultaneous. Next slide. And this is just an overview of the process. Once an application is received, staff reviews it, applies a unique permit number, and an email is sent to the applicant to upload their plans.
- Leolynne Escalona
Person
Next slide. Once the plans come into our office, our staff will do a quick pre-screen, make sure that everything is in order. If there's any corrections or missing items, they notify the applicant. Once we get all that information, we notify them that they need to pay their plan review fee. Next slide.
- Leolynne Escalona
Person
Well, these are just a few examples of what we look at for pre-screen—file naming standards, graphics standards, and file printing size standards. Next slide.
- Leolynne Escalona
Person
Once the review fee is paid, review coordinator then sends it out to all the reviewing agencies and it's up to the respective agencies to notify the applicant if there's any additional information needed, or if there's if any changes are needed to the plans. Next slide. Once that process is completed, plans are approved.
- Leolynne Escalona
Person
Applicant receives an email that their permit is ready to be paid for and issued. Next slide. This is just one example of a recent project in Lihui. It's mixed-use development, commercial on the first level and apartments on the upper levels. Next slide.
- Leolynne Escalona
Person
And for this slide, it's just illustrating all the reviewing agencies that are part of our plan review process, but it would depend on the scope of work. You might not necessarily have all these agencies looking at your plans. And just some information for County of Kauai, we issued 1,372 permits last fiscal year and valuation $434,891,589.
- Leolynne Escalona
Person
And then, I checked with our Wastewater Division to ask, you know, how many customers do we have online? And so, we have 577 commercial connections and 5,382 residential connections. And on the right of the slide, there's a breakdown of the various meter fees. Next slide. State Department of Health.
- Leolynne Escalona
Person
This is an estimate approximately 12,000 cesspools on islands, but they believe it might be a little less with a conversion to septic. 566 recorded commercial septic systems and 10, 761 residential septic systems. Next slide. And real property assessment. We have 1,304 commercial structures and 21,850 residential dwellings. Next slide.
- Leolynne Escalona
Person
This last slide is just information if people and the public want to check on a particular property. If there's any permit or the permanent history, you can go to Click2Gov. The link is on our county website, and you can access that information either by address or text...
- Kaʻāina Hull
Person
I'll just add one last thing too. That was—it's been working for a few years now, but something to highlight between planning and building because you don't need architectural stamps for zoning permits, but you do need architectural stamps.
- Kaʻāina Hull
Person
We did come across, several years ago, the horror stories of homeowners and applicants that submitted full architectural renderings with the stamp only to find out through the building permit process that they don't have the necessary water and water's not coming anytime soon, or they don't have the necessary size for the septic tanks required by Department of Health.
- Kaʻāina Hull
Person
So, what we did was we spun up for the ARU guest house and ADU programs is they can literally just walk to the Planning Department, enter a TMK, and like hand draw, just hand draw where they're going to put the guest house or ARU on their plot plan and just upload it for free.
- Kaʻāina Hull
Person
And that gets routed through the agencies. Now, the idea of having another routing system on top of the already bureaucratic nightmare, that is a building permit and zoning permit process, at first was a little like, but it was in the best interest of the homeowner to protect them from not getting architectural renderings until they were sure that they had the adequate infrastructure, and infrastructure being one of the key choke points for our building and zoning permit process.
- Kaʻāina Hull
Person
So, I wouldn't argue to add more regulations or layers, but this is one extra layer that we found does seem to work. Just want to add that. Sorry.
- Leolynne Escalona
Person
So, I just want to add to what Ka'aina was saying. You know, for our staff on Kauai, we're a small island, small jurisdiction. We actually like when, especially for homeowners, if they come in person and then they come to our office and ask, because we try to advise them about exactly what Kaina was saying.
- Leolynne Escalona
Person
Before you even hire somebody to draw any plans, check with Water, check with Department of Health, check with planning on your zoning, because, you know, for some people, only once in their lifetime they might apply for a permit, and it's such an arduous process and we try to, you know, help them as much as we can.
- Greggor Ilagan
Legislator
Thank you. Kauai County, that was under scheduled. You're under 20 minutes, so that was great job. Quite a speedy presentation and thank you for starting us off. We are going to move on to questions. Members, we will have 10 minutes for questions, so, who would like to ask the first question?
- Christine Camp
Person
Christine Camp, Avalon Development. So you had mentioned that on the fire Department that you require the owners to put fire sprinklers. I wasn't sure what that meant.
- Leolynne Escalona
Person
Okay, so for County of Kauai Fire Department, they're part of our review process more recently for residential. If the structure is in excess of 300ft from the county road, they're going to take a second look where is that fire hydrant and they get their equipment up there. If there is insufficient water, they actually are fire prevention team.
- Leolynne Escalona
Person
They offer guidelines to the homeowners on various options on how they can maybe like install their own water tank on property and follow NFPA 13r requirements with regard to residential sprinklers which would just be a few cents. But it's, you know, it's all in the best interest of life safety.
- Leolynne Escalona
Person
If they, if they can't, if they can't react in a reasonable amount of time, they want to make sure that the residents, if there is a fire, they're going to get out alive.
- Denise Nakanishi
Person
Thank you. I have a question, Greggor, but I don't know how to electronically raise my hand.
- Greggor Ilagan
Legislator
Of course. Well, Denise, you're going to go after Lee. So Lee, go ahead and then Darrell, you'll be next.
- Lee Wang
Person
Can you speak to the staffing in, in public works, whether, whether that's public works or the building division?
- Leolynne Escalona
Person
Okay. So currently as far as the art inspectors, we have a total of 14 that's building, plumbing, and electrical inspectors. We're essentially fully staffed on that. Where we are lacking is our front entry or our office staff, building permit clerks. It's really been a challenge to fill vacancies. Right now we have two vacancies.
- Leolynne Escalona
Person
But in talking to my counterparts across the state it seems like this is a common issue for the building divisions, especially the entry level positions is such a challenge to fill.
- Kaʻāina Hull
Person
I'll just add to that too. Leo's front connor staff is processing the vast majority of these building permits and she starts staff. So that creates a delay. The Planning Department also experienced that same delay because we could not attract what are essentially permit technicians.
- Kaʻāina Hull
Person
You know, I can say I got a little cute with recruitment because we converted all those positions to planner positions and of course that was able to attract and so we're fully staffed up. But I say I got cute with it because planner positions are responsible for permit review but they're also responsible for planning commission level review projects.
- Kaʻāina Hull
Person
And a lot of these folks that signed up for it were kind of like, well, kind of like, I'm here to process the front counter permits and the front load and the bulk of the work that we have to do. I'm not really ready for a planning commission nor even do I want to.
- Kaʻāina Hull
Person
And I was, my position was like, I need you to keep on processing these front countermeas. I'm not sending you to the planning commission.
- Kaʻāina Hull
Person
But you have to understand that if a new Director comes in and they feel and a new Director will come in eventually and they feel that no, they should also go to the Planning Commission. It's part of the requirements of that, you know, staff position. And so that's why I say I got to be cute with it.
- Kaʻāina Hull
Person
But it was the only way we could actually fill these positions and fully staff it up.
- Denise Nakanishi
Person
Sorry, I think I see the hand raising thing now, but. You said that you require the wastewater system to be installed like an individual wastewater system. And approved before the building permit is issued, is that correct? And what happens if they decide not to move forward with the project?
- Leolynne Escalona
Person
Yes. The Hawaii East Department of Health is one of the reviewing agencies in our building permit process. And so it is their policy that they will not approve the building permit until the individual wastewater system is installed, inspected, and approved by their office.
- Greggor Ilagan
Legislator
Thank you. Well, going to that question more into the presentation from DOH. Darrell, go ahead.
- Darrell Oliveira
Person
Yeah, Good morning Leland. This is Darrell Oliveira on the Big Island. Does the Kauai residential code allow for pre approved designs for residential design submittals for permitting?
- Leolynne Escalona
Person
We actually have had a couple of applications that come through. There is a vetting process. We do have language in our ordinance regarding factory built housing, but essentially it's a vetting process.
- Leolynne Escalona
Person
Even before you would submit for building permit, we would need to look at the plans, approve the the off site third party inspector and of course the plans themselves would require a lot more information. Even if it's residential, it would be essentially be like a commercial plans. But.
- Leolynne Escalona
Person
And there are a couple of applicants that are working through that process now.
- Darrell Oliveira
Person
Thank you. And I guess separate and apart from the factory built or off site construction. On site construction, is there a process for pre approved designs for that?
- Leolynne Escalona
Person
Not for the County of Kauai because we feel that every set of plans is site specific. So we're going to be looking at elevations, soil types that would be taken into consideration. So we would not give a blanket pre approved approval for what you're describing.
- Greggor Ilagan
Legislator
Thank you. We're going to go back to the physical space. Representative Miyake.
- Tyson Miyake
Legislator
Thank you. Using project docs, can the project owners review comments made by the departments as a goes along?
- Leolynne Escalona
Person
Yes. So the applicant and if they choose to allow others view rights, they can see all comments in real time.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thank you, Chair. Thanks for being here. What is the lifespan of a construction permit? How long is that construction permit good for?
- Leolynne Escalona
Person
Well, the way our ordinance is written, as long as there's some permit activity every 180 days the permit remains active.
- Leolynne Escalona
Person
And our ordinance also allows if someone was issued their permit maybe for financing they weren't able to continue, they can submit a letter to the building official asking for a one time extension for 180 days.
- Leolynne Escalona
Person
If they ask that we also have a process of a permit renewal so that essentially that would require review of all the reviewing agencies and they would pay a renewal fee.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
And during that renewal process, if our construction codes are updated or modified, would they be submitting to the construction code that they applied under or would they have to make modifications to their construction permit based on the current code?
- Leolynne Escalona
Person
Okay, I'll talk through that a little bit. See somebody applied for a residential build, maybe the project sat for like a year and a half, and then they decide, okay, I'm going to renew my permit and, and you know, now I have the money to start up again.
- Leolynne Escalona
Person
What we're going to look at because essentially it will go through a secondary review by all the agencies. If the project hasn't yet started or maybe they're only at foundation, we're going to look at whatever the current code is and then from that when the construction proceeds it would need to be up to whatever the current code is.
- Jordan Molina
Person
Yeah, thank you so much. So my question is have you received complaints from users or residents or developers? And if you have received complaints, I guess what would be the top three types of complaints that you've received?
- Leolynne Escalona
Person
Well, I think for new like, for you know, like homeowners or people that are not computer savvy, sometimes, you know, they have a challenge, you know, navigating project docs. How do I log in? What is it that I'm looking for?
- Leolynne Escalona
Person
So our staff, we try to assist or sometimes we suggest maybe you should use someone that does that, a permit service as a permit service, you know, to encourage them to use that. As far as developers, I think maybe from people that are not familiar with Kauai processes, you know, as far as they need to check with the different agencies like Department of, Water, Department of Health, Fire Department, and understand that they have different requirements outside of the building permit application process.
- Leolynne Escalona
Person
So I think it's important for developers. They need to do their due diligence even before their application is in our office.
- Kaʻāina Hull
Person
There are complaints and there are still definitely faults with us as a system. One of them that I found was that we were very cognizant of having timelines. Not even the legal trigger timelines, but just time in the queue always.Like a week, two weeks.
- Kaʻāina Hull
Person
Our staff at the Planning Department and the front counter guys are real cognizant. We don't want to have this longer than two weeks. But what that created was this knee jerk reaction to take action on it. Not approve, right? Take action.
- Kaʻāina Hull
Person
Which means they were nitpicking some of the issues because other issues were revolved and so immediately denied. Right? And it's kind of like, wait, wait, you need to go through. So you have the comment section, right? And there'll be that one, oh, setback, violated, denied. And then moving on.
- Kaʻāina Hull
Person
And when they came in through a second cycle, it was like, oh, lock coverage, an issue, denied. And it was kind of like, no, no, no, guys, we need to do a comprehensive review so they get all the comments one time. So we're working through that.
- Kaʻāina Hull
Person
And then also too, there was like, if they didn't pay the permit fee, right? Like, Oh, denied. It was like, wait, did. Did we call the applicant? No, they just haven't come in to pay the permit. Well, the developers are gonna know to pay the fee, but the small mom and pop homeowners aren't gonna necessarily know.
- Kaʻāina Hull
Person
So having us make sure we call them to bring it in. But that concern, again with those timelines has a lot to do going back to the staffing. Right?
- Kaʻāina Hull
Person
Most of these departments are overwhelmed, understaffed, and they're trying to at least maintain the image that they're moving quickly, when in fact, trying to maintain that image sometimes is actually making it much longer. I had one more, but I kind of lost it.
- Greggor Ilagan
Legislator
It's all right. Well, we are over the questions and thank you for bracing the hot seat. And you did very well with answering the questions. We are finished with our presentation from Kauai County. We are going to move on to the next presentation from Hawaii County.
- Greggor Ilagan
Legislator
And again, you will have 20 minutes to present, followed by 10 minutes for questions. Hawaii County. I know you're in Zoom. Could you please start your presentation?
- Aaron Spielman
Person
Thank you, State Rep. Ilagan. Okay, so we are County of Hawaii. And with me today in the meeting is Neil Tanaka, Plans Examining Manager. And I'd like to send out a thank you to all of the staff that worked on.
- Greggor Ilagan
Legislator
Aaron, I apologize for interrupting you, but I believe it told me that your face, as much as I want to see it, I think we are not seeing it. So could we just take. There you go. All right, now that you are clearly with us and maybe could you make it a little bit bigger?
- Aaron Spielman
Person
Okay. Sorry about that, guys. So, yeah, I'd just like to thank everybody that worked on this presentation. Mark Krasinowski and our Building IT staff. They did a great job putting this together. And also thank you to all of the staff that works here at County of Hawaii. We definitely couldn't do it without you. Our system.
- Aaron Spielman
Person
Sorry, slide one. Our system is acronym is EPIC and that stands for Electronic Processing and Information Center. Okay, so we're on the goal. The goal. Just read it. It's the permitting process that is clear, predictable, and supportive of all applicants while maintaining public safety and code compliance. This is our major goal. Next slide, please. Permit process overview.
- Aaron Spielman
Person
This shows the typical path that a permit takes in the County of Hawaii. At any stage, the application may be returned for corrections. Our goal is always to minimize returns. Staff and agencies try to give comprehensive correction requests the first time. We call this taking one bite of the apple. Try to do comprehensive before we issue comments.
- Aaron Spielman
Person
Sometimes one change can trigger other changes in the drawings and those must be reviewed again. Once all reviews are complete the final requirement before issuance is the project declaration form which connects the license trades general contractor or the owner builder to the project. Okay, next slide please. Starting the application. This lays out our process.
- Aaron Spielman
Person
The applicants begin in EPIC by uploading the documents and paying the plan review fee. The permit timeline that we track only begins once the payment is received. Until then, the application is not considered in process.
- Aaron Spielman
Person
The property owner declaration ensures that the legal property owner is applying or in the case of, let's say a commercial project, that they're aware that a permit is being applied on their property. Both the owner and the design professional must be listed as contacts in our EPIC system.
- Aaron Spielman
Person
And the idea being that we can be more transparent and share this information to all parties involved. Okay, next slide, please. All right, supporting documents. So this gives a brief outline of what may be required. These documents ensure compliance with specialized codes and regulations. You can see the list here. They're not always required all the time.
- Aaron Spielman
Person
It really depends on the project. Submittals missing. These, if they're required, would be returned, which can add time to the process. And we consider anything other than single family or duplex housing as non res. So even though you might be a hotel, motel, R1, R2 type of housing that's considered non res, non residential. Sorry. Next slide, please.
- Aaron Spielman
Person
Okay, required construction documents. So this is fairly typical across most municipalities. If any of these documents are missing or incomplete and they are required, then the application is returned for corrections at the time of intake. We emphasize to applicants that a complete setup front reduces the returns and keeps the processing moving forward.
- Aaron Spielman
Person
We'd hate to review something in depth and find out that it's missing information and then have to do the review again. That's kind of the impetus for this. Okay, next slide, please. All right, digital submission standards. So since July 2021, the building permit applications in the County of Hawaii have been handled digitally through EPIC.
- Aaron Spielman
Person
We moved off of paper plans before that. To maintain consistency, we require specific formatting for the drawing sheets. This ensures that all reviewers can quickly identify approval blocks, digital stamps, and what they're reviewing. The plan sets must be submitted as a single bundled PDF, not scattered across multiple files.
- Aaron Spielman
Person
And we have file naming conventions to help keep plan sets organized when routing across multiple agencies. When corrections are made, or sorry, when corrections are made after comments have been issued, the applicants must use. We have a policy here called the Cloud plus Delta policy and naming convention.
- Aaron Spielman
Person
So this visually highlights every change on the plan sheets to address those comments. And a narrative summary is required to explain what was revised. This helps review the resubmittals in a more efficient manner. So these standards save time for both applicants and reviewers and also reduce the risk of missed changes. Okay, next slide is multi agency review.
- Aaron Spielman
Person
So once an application clears the Planning Department, it moves to multi agency review. EPIC allows reviews to happen in parallel instead of one at a time, which is a major efficiency improvement compared to our old system when it was sequential reviews. Each agency looks only at its area of responsibility.
- Aaron Spielman
Person
For example, Engineering division will look at grading and floodplain compliance, while Fire will look at life, safety, and access issues. If an agency identifies corrections, they issue a comment through EPIC. And once a comment is posted, it is visible live to the contacts on the permit application.
- Aaron Spielman
Person
The applicant then revises and resubmits to address the comments, and the agency reviews the corrections until they are satisfied. So that process might go back and forth a few times, but for the most part, the applicants are able to resubmit with a correction that addresses the comment.
- Aaron Spielman
Person
So at this stage, it's common for one correction to cascade into another. For example, you could move something on a site plan that may affect another agency's review. So we end up making sure that all agencies have a chance to review that new information.
- Aaron Spielman
Person
And the goal is always to minimize returns to the applicant by making correction requests complete and clear the first time. That goes back to our one bite of the apple. Okay, next slide please. Project declaration and permit issuance. So after all reviews are complete, there's one more form that's required. It's the project declaration form.
- Aaron Spielman
Person
And this is where the license trades, plumber, electrician, general contractor, or owner builder are officially tied to the project. State law also allows owner to declare as owner builder with those associated risks. And then we take in that project declaration form as part of that final documentation.
- Aaron Spielman
Person
Now, technically, the project declaration form can be submitted at any time, including with the original application. But most applicants we find are waiting until reviews are complete and their trades are secured. Mostly that has to do with timing and availability of contractors.
- Aaron Spielman
Person
This sometimes extends the timeline, but it ensures permits are only issued once the project is quote "shovel ready". Once the declaration is filed and the permit fees are paid, the county issues the permit. The applicant prints a permit placard to post at the job site and a copy of the county stamp drawings.
- Aaron Spielman
Person
We often call it the job site copy. And those two documents remain on the site throughout construction to support the inspections. Okay, next slide please. Oh, challenges we face. Yeah, high volume of applications for sure. We have limited staffing resources, but we're, you know, all working really hard, doing the best we can with what we have.
- Aaron Spielman
Person
And again, thanks to the staff for being so on it. Review and compliance requirements take time and applications and plans are incomplete and or poor quality. That's not a broad statement across the board. That's just we do encounter those and so those are challenges we face. Okay, next slide please. Implemented and ongoing improvements.
- Aaron Spielman
Person
So previously we had a three permit system. So you would pull a permit for building, it would get reviewed and approved, and then the plumbing contractor and electrical contractor would each come in and file their own sub trade permit applications. We've done away with all that. We're now in a one permit system.
- Aaron Spielman
Person
So you submit the plans with building, plumbing, and electrical work all at one go, gets reviewed all at one time. And that seems to be a very efficient, progressive move and less confusion in the permitting and inspection world.
- Aaron Spielman
Person
Transparency by keeping the owner informed through the notifications, which is part of an automated process we have through our EPIC system. So applicants, owners, they don't need to call and ask about what the status of their permit is. They can go online at midnight on a Saturday and check out what the comments are, and it's always available.
- Aaron Spielman
Person
We recognize that permitting is always evolving, and we continue to refine our processes over time. That's internal stuff that we work on. We have automated reminders and clear FAQs to help reduce missteps that would be out there for the public. Better tracking in EPIC improves transparency for both applicants and staff.
- Aaron Spielman
Person
Internally, we have weekly improvement sessions to allow us to continue refining workflows and other efficiencies. Looking ahead, we see opportunities in digital tools like validation features, electronic signatures, and we're looking at pre screening with AI before clerical staff would actually see the submittal.
- Aaron Spielman
Person
These improvements are all focused on making the process smoother for applicants and more efficient for staff without compromising life, safety or compliance with codes. Okay, next slide, please. Oh, yeah, right on. So thank you all very much for giving us this opportunity to present to the state.
- Aaron Spielman
Person
And we're very excited with the direction the County of Hawaii permitting process is heading in. And thank you all very much. Open it up for questions.
- Greggor Ilagan
Legislator
Well, thank you, Aaron. You finished in 10 minutes. So that means the carryover 10 minutes will go to questions and answers. No, I'm just joking. So we have 10 minutes for questions. We'll start off with Michael Kat, if you. Okay, let's go with Cameron.
- Cameron Black
Person
Thank you, Hawaii County and Kauai County for the very informative presentations this morning. Going back to the staffing, what kind of minimum qualifications or education are you folks looking for for the entry level techs or technicians or inspectors? Thank you.
- Aaron Spielman
Person
Great question. I think that probably varies by position description, which does tie back to the state PDs. You mentioned entry level technicians. And I'm sorry, what were the other two categories?
- Cameron Black
Person
Perhaps the clerks and maybe the inspectors. Sorry for the compounded question.
- Aaron Spielman
Person
We got. We got extra time, right? So I know I can answer for the inspections, for the inspectors. To be a electrical inspector, you have to have your EJ and I believe, I believe you're. I know at least a journeyman's license is required at a certain level of being an electrical inspector.
- Aaron Spielman
Person
I believe that at the supervisor level that becomes a master's license requirement. Same for plumbing, journeyman license required for the, the plumbing inspectors and then for the supervisory plumbing inspector, a master's plumber license required. Building inspectors do not have that requirement.
- Aaron Spielman
Person
And I believe a lot of the PD talks about experience with similar or even other works and so you may not, we may not have a requirement for let's say college or higher level education as opposed to like maybe 20 years in the field or whatever. I'm sorry, I don't have the specifics in front of me.
- Aaron Spielman
Person
We might be able to get that back to you but I believe it's consistent throughout the state for those PDs.
- Neal Tanaka
Person
Just to supplement that, to answer your question, the clerical staff is an entry level position. So it is a high school degree at the very minimum. And then we through training onboard them through, through that process. For our plans examiners it is experience based 3 years of building construction experience.
- Neal Tanaka
Person
We also have structural engineer positions, electrical engineer positions, and mechanical engineer positions at various levels. So we, we offer training levels or at least entry levels so that if you don't have your license PE yet you can come in and then once you do achieve that you are able to move up into the engineer position.
- Yuki Sugimura
Person
Thank you. So I'm curious, your last slide, you talked about the AI helping you in terms of is it plan review? And I wonder if you could tell us what the software is that you're using to help you and what is the success of that and any information. Very interesting.
- Aaron Spielman
Person
Okay, thank you. If I understood correctly, we haven't implemented it yet. We're just doing the research and the pre procurement to figure out if the software would be good and what we could use it for. So I believe we looked at a number of different softwares. If it's okay, I can name them right now. That's all right?
- Aaron Spielman
Person
Okay. So I believe the pre screening software is SIF check. I think City and County of Honolulu is using that currently and we're looking into that seriously for pre screening. We've also looked at a few other ones.
- Aaron Spielman
Person
The names are escaping me but we've basically sat down and had presentations made and trying to look at where they might fit in and what we might be able to do but nothing implemented yet.
- Lee Wang
Person
So it'll probably recurring theme but I'll have the same question about the joys of understaffing.
- Aaron Spielman
Person
Okay, great. I think we actually prepared this one. Thanks for asking the same question. That helps us prepare. It looks like we currently have 31 inspectors that would be building plumbing and electrical inspectors. We do have a few vacancies. Most notably, it's hard to, it's challenging to hire plumbing inspectors.
- Aaron Spielman
Person
The market's hot, it's hard to attract people to the county. But we are actively hiring and our attrition rate seems to be low. In terms of the review team, looks like we have ten building clerks, one Clerk 3, five building plans examiners with one vacancy, one structural engineer, one mechanical engineer.
- Aaron Spielman
Person
We have a TA 2 electrical engineer, a TA 2 architect 2 and a TA 2 plant examining manager. We're always looking for interested and engaged people to hire at the county and I don't want to say we're short staffed, but we definitely work hard to move things along.
- Monica Toguchi Ryan
Person
Thank you so much, Kauai county and Hawaii county and especially for this review that you've done internally. I've heard a lot of staffing issues. There seems to be qualification issues.
- Monica Toguchi Ryan
Person
One issue just on the ground level is how if you have this issue and other counties have this issue where something can be reviewed, a reviewer can approve and then somehow it goes to another review in the same department and then another issue comes up.
- Monica Toguchi Ryan
Person
So user, on the user end, they're really not understanding why something is approved and then unapproved and then the issue becomes time. Of how to address, confusion in time really. So does that happen with you guys and how do you address that?
- Aaron Spielman
Person
Thank you for the question. We really try to avoid that with our one bite of the apple. So if Plans Examiner A, let's say, reviewed your plans and let's say there was a comment made and then your plans come back in as a resubmittal, that same Plans Examiner is going to be assigned to that review.
- Aaron Spielman
Person
So it's unlikely that Plans Examiner B would then open up the file and take a second bite of the apple. So we really try to be efficient in our, in our comments and understanding. I hope that answers the question.
- Monica Toguchi Ryan
Person
Yeah, just. Sorry. One more is, is do you guys do white papers when there's confusion on some of the approval process so that there's clarification for everyone involved because like for example in Seattle, I believe their department has established writing white papers for this type of stuff.
- Monica Toguchi Ryan
Person
Yeah, I'm not exactly sure what it is. I'm limited in my own expertise in this area, but from my understanding is when there's information that seems to conflict within the department and there's different views on a particular code or reviewer than the process of writing white papers so that we don't keep going through the same misunderstanding within the department and the user being affected by all these different interpretations.
- Aaron Spielman
Person
So we don't necessarily call them white papers, but are memos or bulletins that we post on our public facing website. For example, we had one clarifying locations of smoke detectors. Smoke, sorry, smoke alarms in residential construction. There was some confusion because of the NFPA 72 and the IRC.
- Aaron Spielman
Person
And so we wrote a memo to clarify those locations so that designers, contractors, the public could be aware of it. That's basically our public facing responses. If there's an issue we think is big enough, we try to broadcast that out. And it just kind of depends on the severity or the seriousness of what's being reviewed.
- Aaron Spielman
Person
A lot of times if it's a custom project, a commercial project, that issue may only apply to that particular project. We may not be writing a white paper on that or a memo.
- Aaron Spielman
Person
And yeah, Seattle, they have a, you know, King County's got a great building division, so I've always appreciated how they, how they do their work there.
- Neal Tanaka
Person
Yeah, Aaron, just to quickly supplement that. As Aaron alluded, each project is generally unique in its own right. However, yes, the answer is generally yes. As he mentioned, with regards to like smoke alarms, I mean we had several years ago when we updated our code to 2018, a confusion with regards to residential projects in different wind speed areas.
- Neal Tanaka
Person
And so we needed to provide clarity and how to apply the IRC in those areas. And so we did publish a memo. But we really are trying to encourage our team for that consistent review across all reviewers. And just a peek behind the curtain, we hold weekly meetings with our staff to address these issues.
- Neal Tanaka
Person
Things that you see during plan review that are confusing and, or potentially interpreted in a different way so that we have the discussion and internally resolve that. And if, as Aaron mentioned, it arises to the point of needing to broadcast that we would because we are really focused on that transparency and fairness.
- Neal Tanaka
Person
And so that's the only really way to apply it to everybody when they apply for their projects.
- Greggor Ilagan
Legislator
Thank you. That is 10 minutes for questions and answers. But because we are way ahead of schedule, we're going to take three minutes to have further questions and then we'll break in. We'll take a break after that. We'll go with Christine and then we'll go with Rep. Keohokapu-Lee Loy.
- Christine Camp
Person
Thank you. So very encouraging to see your implemented and ongoing improvement slide. But how do you measure your success? So you know what, when you're looking at implementing these, what was your goal, if any and how are you achieving that at this point and at what timeline? Like, is it a year, is it six months?
- Christine Camp
Person
You know, like, are there any specific goals that you're trying to achieve?
- Aaron Spielman
Person
Great question. Yes, there's always goals. The goals are always here in our mind. And every time we meet one or get closer to one, we try and improve it further. There's a few I can probably mention here. One is the time that it took to process an intake of an application had been very long.
- Aaron Spielman
Person
I mean like multiple months. I think we're down to five days right now. So that's really good. In terms of like the history of EPIC, that might be the fastest intake process has ever been. So you submit on a Monday, by Friday or Saturday you have your intake complete and it's moving on to Planning Department for review.
- Aaron Spielman
Person
We also hold accountability across staff by running reports. So our Building IT section runs reports based on the data available in epic.
- Aaron Spielman
Person
So the Building IT staff takes that data and turns it into a report so that we can advise staff of any applications that are delayed or that need to be, you know, addressed that have fallen, basically have gone beyond the goal that we're implementing. So let's say we have an 11 day review timeline for plans examiners.
- Aaron Spielman
Person
Anything that's beyond day 11 will show up as red. And the plans examiners know visually that those require some more attention and sooner. And then as Mr. Tanaka mentioned, we hold weekly meetings across different sections of staff to make sure we're meeting goals, moving things forward.
- Aaron Spielman
Person
And I want to say our latest data for a three month average for not, for residential permits, one pass, meaning no comments, 45 days. That's calendar days and a month and a half. You know, in my experience here at the county, that's incredible. I mean, even in paper plans we were about three months. So to be a month and a half is remarkable.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thanks, Chair. Thanks, Aaron. Thanks Neil, for being here. I wanted to focus a little bit on the $50 permit fee at application. I want to understand efficacy of that. And have you experienced better work product coming through because of that initial fee? That's question one.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
And then question two is for those construction permits you mentioned the one bite of the apple corrections are offere. Is there any, I don't want to call them penalties but a penalty where they can't make the corrections? And are there any additional fees assessed?
- Aaron Spielman
Person
Great question. I'd like to ask Mr. Tanaka to step in and help me with this response. Is that okay, Neil?
- Neal Tanaka
Person
Sure. So thank you for your question. Your first question with regards to the $50. So that's a plan review fee and that plan review fee is a $50 minimum fee or 20% of your estimated permit fee and that's non refundable.
- Neal Tanaka
Person
So really it's a good faith commitment to us from the applicant to say hey look we are ready to do our job. Like historically we were just taking in everything, reviewing everything, and then getting ready to issue and no one was ready to either pick up or they abandoned their project.
- Neal Tanaka
Person
So it really affected our efficiency. So when we get that pre review plan review fee, like I said, good faith commitment, then we are able to focus on projects that we know are going to move forward and it has been successful. Now to your point about quality, quality can range even with that plan review fee.
- Neal Tanaka
Person
But I think that some folks have really taken the effort to try and get right. As Aaron mentioned, we are experiencing first passes which is successful 45 days. But dovetailing into your second question, there are penalties with regards to multiple resubmittals.
- Neal Tanaka
Person
Like our team is, we want to issue permits and we don't want to re review plans over and over and over again. And so we've implemented a re resubmittal fee after your second review. Right? We expect or we, we think that mistakes happen and if they do that's fine.
- Neal Tanaka
Person
Here are the comments, respond to them, and if they're resolved, great. But if we have to continue to open up an application re review and the comments are not addressed by way of whatever reason, then it's really affecting our efficiency. Right?
- Neal Tanaka
Person
And so with the implementation of our narrative to address these comments, this is what I did to change. It helps the design professional focus on that response and our plans reviewer review accordingly and then hopefully resolve those issues.
- Neal Tanaka
Person
But again if they don't then there is a third time submittal fee, a fourth time submittal fee, and a fifth time submittal fee.
- Greggor Ilagan
Legislator
Thank you. Actually Representative, we're going to. The time is up, but we're gonna have Representative Yamashita close us out with one final question.
- Kyle Yamashita
Legislator
Okay, thank you for giving me some flexibility. Okay. You know this one bite at the apple and you know I think most of my questions have been answered by the previous people's questions. But so I appreciate that you have consolidated where you know, construction and other permits are just combined into one and things like that.
- Kyle Yamashita
Legislator
But are you. And you have that pre review but after that are you looking at everything? Is it operated in series, one thing after another, or is it in parallel where several things are being reviewed all at the same time?
- Kyle Yamashita
Legislator
And if it's not, then what are the challenges for some of that and to have some kind of concurrent review from electrical, water construction all at the same time and maybe others.
- Aaron Spielman
Person
We do have concurrent review. Once the application is through intake, it goes on to Planning Department. We're right on the transition period where Planning Department reviews for zoning and regulations like the look and character as the gentleman from Kauai mentioned. And then it comes back to building for multi agency review.
- Aaron Spielman
Person
That would be electrical, plumbing, engineering, Department of Health, wastewater, or our county Department of Environmental Management if it's connected to sewer. We would have.
- Kyle Yamashita
Legislator
You know, I'm just kind of looking for what are the challenges with running concurrent review if you had run into any.
- Aaron Spielman
Person
You know, we use the Bluebeam sessions sometimes it's a software thing like the software is not working. So that's a challenge, I guess. But for the most part it's actually been a real plus. I haven't seen any downside. I haven't been here that long, but I haven't seen any downside to the concurrent reviews.
- Neal Tanaka
Person
Yeah, this is Neil Tanaka just to supplement. I agree our concurrent review has definitely helped to streamline the review process. And yes, it's a complex process and each individual agency are really responsible for their own review.
- Neal Tanaka
Person
However, hearkening back to the one bite of the apple, sometimes when the plan comes in and they do not provide a specific information, say for example construction type of the building, that has a trickle down effect to all other reviews. Right?
- Neal Tanaka
Person
And it's if that's the main thing that comes out, we try and address all of the questions on top of that so that the person can, the applicant can address it. But it may come back that whatever construction type for that structure is defined upon that second review that flips the whole review upside down.
- Neal Tanaka
Person
And so it becomes problematic that way. And that is one challenge. But at least mechanical systems are independent of that. And so we can review plumbing, how the design is implemented, it may change because construction type may change the size of the building.
- Neal Tanaka
Person
But then generally the comments are the same and we would just do a quick review to that end.
- Greggor Ilagan
Legislator
Okay, well, thank you. Great presentation and the questions of answers as well. We will now recess for 15 minutes while we distribute the bentos. Please return to your seat by the end of the break to begin a working lunch. So at this moment, we are going to take a recess.
- Greggor Ilagan
Legislator
We are back from recess. Please be seated. Agenda items 4 and 5 are presentations from Maui County and city and County of Honolulu on the building permit process. Public testimony is now open. Anyone on Zoom wishing to testify?
- Greggor Ilagan
Legislator
Proceed. Please state your name and your. We know who you are, actually. Yeah, Angela, please state your name.
- Angela Young
Person
Yes. Hello, Representative Angela Melody Young testifying on behalf of CARES.
- Angela Young
Person
All right, so testifying for the Honolulu building permit process. Is this okay? In support? Yeah. And support, of course. I'm very, you know, supportive, big fan of the state and the counties. And of course, I'm getting trained to build a real estate agent for Abe Lee's class.
- Angela Young
Person
And then my mom is actually an agent for Century 21 properties. So I'm learning a lot about these barriers. And so, you know, in the development cost, I think the county is focusing on new builds, renovations and then workflow structures and common challenges.
- Angela Young
Person
And yet, with a lot of the teams that I'm working with in building, I think the county should consider dealing with the growing unsheltered homeless population, people with disabilities, chronic illnesses, special needs persons, housing, building for seniors, and. And for the county to consider more resources and balancing the equity for those with diminished and disadvantaged health.
- Angela Young
Person
So, for example, like working with the SNAP and QUEST integration offices, the state offices, collaborating county and state offices, just to do something simple like can we put brochures for available housing for low income eligibility at the SNAP or QUEST office. It's so helpful instead of people having to call 100 people just to get one single resource.
- Angela Young
Person
And so, you know, I get it that there's a lot of people that are dealing with like building luxury housing. And that process is so much easier. The barriers for low income eligibility, housing is just so much more. I really do like Department of Land Management.
- Angela Young
Person
Yeah, so the land management office from the county is very helpful. And yet, you know, there's wait list. So, you know, I'm working with churches. Workaholis. One of the pastors I'm working with is a founding Member of G70. So, you know, churches have a lot of resources. So it's been really fun process, learning about the governmental procedures.
- Rocky Mold
Person
Chair and Members of the task force. My name is Rocky Mold, Executive Director of the Hawaii Solar Energy Association. We represent over 70 Member companies, including local installers and contractors and financiers, as well as leading global clean tech manufacturers and service providers doing business here.
- Rocky Mold
Person
Together, our Members design, install and support rooftop solar, distributed residential and commercial solar and battery storage across the state. We've seen some progress in recent years, particularly under the city's City and County of Honolulu's latest actions. Ordinances have enabled instant online permits for single family residential projects, self certification for townhomes, and professional self certification for commercial projects.
- Rocky Mold
Person
These are important steps, but more progress is possible and needed. The transition to the new HNL build system will be a key test of whether we can expand and strengthen this momentum. The central point is rooftop solar and energy storage systems are simple projects that are standardized and safe relative to other projects.
- Rocky Mold
Person
They make up a high share of permit applications, but with today's technology, they do not need to be processed like large complex construction projects. Modern permitting software can automate reviews and new UL certifications ensure that equipment is is tested to the highest safety and reliability standards.
- Rocky Mold
Person
This means solar permits can be processed faster at lower cost with stronger safety checks and better code compliance. On behalf of HSEA, I just want to thank you for organizing this proceeding. It's super important and thank you for the opportunity to testify.
- Greggor Ilagan
Legislator
Thank you so much. Anyone else in Zoom wishing to testify? Seeing none, we're going to move on to our physical space. Anyone here wishing to testify? I apologize. Does that microphone work? Could you please move to the podium? Thank you. Please state your name.
- Greg Misakyan
Person
Aloha everyone. My name is Greg Misakyan. Gregory or Greg. I've been in this room many times and I currently serve as the President of the Kokua Council, which is an elder advocacy organization in the state since 1972. I also serve on some other boards and I'm a previous Waikiki Neighborhood board Member. I'll be very brief.
- Greg Misakyan
Person
I submitted an 11 page written testimony so you can read what I don't have time to say today. I'd like to tell you much more in the future. I will say this.
- Greg Misakyan
Person
I have no confidence right now in the Honolulu City and County of Honolulu Department of Planning and Permitting at my condominium Association where I serve as a Director and today I'm only speaking on behalf of myself. We have many issues at our building.
- Greg Misakyan
Person
We have for years and I've emailed and asked for assistance and I get almost none. I get the opposite. So we currently have a project that's being done improperly. I'm going to hopefully be able to hand two emails to you, representative Legend, so that you can see these and share with the group later.
- Greg Misakyan
Person
With that said, I'm here to offer support to help for the future for the Department. I have an engineering background, very diverse. I included some of that in my testimony. And with that I'll end. I know you're very busy today. I am available later and I would like to speak on. Hopefully I'll have another opportunity.
- Greggor Ilagan
Legislator
Could you please mute. Okay. Thank you. Okay. And thank you, Greg. Thank you very much, Greg. Thank you for your testimony. We will definitely make sure that you are involved in the process. Anyone else in the physical space wishing to testify? All right, seeing none at this moment, testimony is closed.
- Greggor Ilagan
Legislator
We will now transition to Maui County and you will have 20 minutes to present followed by 10 minutes for questions. Maui County, please proceed.
- Jordan Molina
Person
All right. Good morning. Good morning. Hello everybody. My name is Jordan Molina. I'm the Director with Public Works for the County of Maui. Been with our office since 2019. And so some General information about how we're structured here in Maui County Department of Public Works. We have three divisions.
- Jordan Molina
Person
Our Engineering division, our DSA, our Development Services Administration and our Highways division. And so our DSA program is our branch that handles our construction permitting and our building code compliance for building, plumbing and electrical permits. Our DSA also serves as a coordinating agency for all agencies that tag their responsibilities to county. Maui County building permits.
- Jordan Molina
Person
And so we receive applications and handle the routing and the issuance of building permits for the County of Maui. Next slide please. So recently the county implemented a new software system for our permit management which we've coined maps. So Maui's automated planning and permitting system. The developer is Tyler Technologies.
- Jordan Molina
Person
We launched this program in April of 2022 which replaced our long standing previous system known as Kiva. So the new system is fully digital where, yeah, basically absolutely no paper is handled nowadays. It's all through the system electronically. And so there's the two modules, which is the customer side where applicants will submit and monitor the progress.
- Jordan Molina
Person
And then there's the back office which is where the agencies manage their reviews through that portal. Next slide please. So some of the advantages and benefits we've seen with this fully electronic system is of course ability to apply at any time, from any location, travel and wait times at our permitting office.
- Jordan Molina
Person
Previously we had to come through paper. And so the digital system eliminated that whole workflow from our staff's duties. Real time progress tracking, automated notifications, as Status or reviews change and are updated in the system. And elimination of printing costs for the county side.
- Jordan Molina
Person
Eliminating physical storage space of plans and records, the physical routing, carrying plans from one office to the other. More consistent and improved record keeping within the system and ability to enhance our reporting and analytics of our processes. Next slide please.
- Jordan Molina
Person
So challenges and inefficiency, of course are it issues which can arise now and then both in terms of, you know, Internet outages as well as issues with the vendor systems or upgrades to systems that also affect the availability of the system and creates downtimes versioning, which is quite the challenge I think with electronic plans, managing multiple versions of plans and being able to maintain awareness of which agency is handling which version of a plan set.
- Jordan Molina
Person
And then like I mentioned earlier, just yeah, having that online connection, which is a challenge, particularly with older generation applicants or people with poor Internet connection situations. So some data on our building permits. Maui County, we average around 1300 building permits a year and that's from application to issuance.
- Jordan Molina
Person
The scope of permit can range greatly from demolitions, repairs, alterations and new construction. I'll even add the site conditions that vary and make contribute to complexity of reviews. So someone building on unimproved land versus someone building in a fully developed subdivision are two different types of reviews.
- Jordan Molina
Person
So also the scale and the scope can very, very much range. You know, simple sheds and walls to homes, to hotels, commercial structures, restaurants, you know, larger, more complex that require, you know, more systems, more aspects of the code review to be applied. Next slide please. So the overview of the process here.
- Jordan Molina
Person
So we have the application process where you submit through applicants will submit through maps. On the customer service side, there's an initial review undertaken primarily by our permit Clerk staff. And that's really a completeness check of the application that all the documents required are there, all the required fields are appropriately completed and fees are paid.
- Jordan Molina
Person
From there we engage in agency review, which is when we route the plans and the permit documents to the various reviewing agencies for their review and comment. And then finally there's the final review, which is after all the agency review comments have been resolved.
- Jordan Molina
Person
Our permit Clerk staff will do the final check to make sure everything has been reviewed and approved and then collect final permit fees. Next slide. So I'll kind of walk you through what our maps interface looks like over the next few slides so we can go to the next one.
- Jordan Molina
Person
So here's a screenshot of what the customer side sees when they create an account and come into maps. And so depending on what they're seeking to do they'll have the buttons to choose from, so. Next slide, please. So this next page is where we start the permit application.
- Jordan Molina
Person
They can select the various type or whichever permit type applies to their application. For building permits, we have them created into three categories, which is our new additions, alterations, temporary permits, and demolition permits. Next slide, please. The next step is specifying the location for the application. You know, where the proposed structures are going to be located.
- Jordan Molina
Person
Next slide, please. Next step is including the permit details, including information such as the description of the project or the project name and project valuation. Next slide, please. Here they'll be adding the contacts to the case.
- Jordan Molina
Person
And so this will be, you know, typically your owner, your design team, the contractors, anybody that's on this permit case that either needs access to records or was looking to be notified with the automated updates that Maps provides. Next. So the next size is additional information on the permit.
- Jordan Molina
Person
So scope of work, the type of structure and its proposed use size, the utility service situation, and any sort of grading or site work information that is applicable to the build.
- Jordan Molina
Person
So the next section is where documents are uploaded, owner's authorization, the actual construction plans, any supporting reports or calculations, and any other related forms that may be required depending on the type of building permit being pursued or the type of build being pursued with the permit. This is the routing matrix.
- Jordan Molina
Person
So this is a summary, or not the summary, but the actual directive on which agencies we review which type of permits. And so you can see across the top, you know, the dozen or so agencies that we have to engage with and the dozen or so different types of permits that we get through our system.
- Jordan Molina
Person
And each one has a different routing path that it goes through depending on the agency's interest or oversight over those particular types of permit applications involved. And so this is, I guess, you know, taking a moment here. I think this exhibit illustrates the complexity of the building permit process.
- Jordan Molina
Person
And so one of the things I've encountered is people just saying, make it easier, fix it, make it go faster. It's not that simple because we don't have oversight over all these items. These are all independent provisions of law. These are all independent enforcement agencies that have their oversight and responsibilities.
- Jordan Molina
Person
And so it's not as simple as just telling them all, get out of the way. Next slide, please. So this is the dashboard for the customer service side, their portal. They can view the summary information for their permit applications and they can see the changes as status for their various applications.
- Jordan Molina
Person
You know, the first one in the attention is where they'll get notices on actions that have been taken on their application so they can clearly see or find where they can review the status of their permits and actions needed by the applicant. So next slide please.
- Jordan Molina
Person
So this slide is just a screenshot of the review portion where you can see all the various agency comments and the statuses of their reviews. And so of course, you know, red indicating a follow up is needing green. Green means it's good to go. Lack of color means it's still pending with a review.
- Jordan Molina
Person
And so customers see these as soon as they're updated in the map system and can, you know, real time track the progress of their permit reviews.
- Jordan Molina
Person
So the strategy we've taken to address the issue of versioning or which version of plans you are is by more or less holding out until we collect all the agency comments, at which point the applicant is then allowed to resubmit their files back into their case with the comments that they received from agencies addressed and the plans and the supporting documents revised as needed.
- Jordan Molina
Person
And so all those documents are in this tab here for them to be uploaded into the system. And then upon receipt, our staff then will reroute and restart the workflow for those agency reviews once we verify that the resubmission has been completed by the applicant.
- Jordan Molina
Person
And then from there we restart the review process for the second round and subsequent rounds as may be needed to complete the review and address all the agency comments. Next slide.
- Jordan Molina
Person
So that kind of wraps up a quick walkthrough of, you know, the actual permit process for the applicant side of things, touching on some of the challenges or inefficiencies that we see on the applicant and the owner side altering designs. This always creates problems depending on the extent of alteration.
- Jordan Molina
Person
Those, you know, you can't just move doors and windows that simply, those are critical building code aspects and or changing the footprint of your structure last minute. These are significant impacts on the review. And so there's a lot of frustration with people thinking they can just make these simple, what they perceive as simple changes in the process.
- Jordan Molina
Person
But that does cause delays and re reviews, which can be a source of frustration. Timely payment of fees is another one. Lack of funds in terms of them being prepared or ready with their financing to actually implement construction in time with their permit issuance not being committed to what they're actually building.
- Jordan Molina
Person
So using us to kind of vet ideas or. Yeah, not being fully prepared with the plans they submit.
- Jordan Molina
Person
And unfortunately there is a range of quality among design professionals and people get into trouble when they, you know, as with most things, you get what you pay for and so sometimes cheaper design Professionals can cause frustrations in the review process.
- Jordan Molina
Person
For the design professional side, again, you know, a lot a big challenge we fight with internally is resubmissions from poor plans or substandard plans, delays in the design, professionals addressing comments, or failing to address comments and resubmittals. That is a common issue.
- Jordan Molina
Person
We encounter drafting services being rubber stamped so where people will hire draftsmen as a way to save money and they have a partner architect who won't really do the plan review well, will just stamp off and submit. And we encounter a lot of comments on those types of plans, which unfortunately just creates frustrations for the applicants.
- Jordan Molina
Person
And then of course, lack of code knowledge with being aware of code updates, local amendments as well, if you know the designer is not experienced in the jurisdiction they're submitting applications for, which can translate to re reviews. Next slide, please.
- Jordan Molina
Person
So some of the challenges on our side, you know, just the number of codes we need to balance our plan reviewers are expected to be, you know, experienced in the building code, residential code.
- Jordan Molina
Person
Now we have existing building code, and then we also have the energy code come into play not too long ago, as well as the updates of these codes every three years. So that does put a pressure on the staff to be able to be efficient in light of a continuously changing process.
- Jordan Molina
Person
Not to mention, you know, things on top of that like local codes look like county amendments to our county code that try to direct the building permit process outside of your international building codes and similarly at the state level, where state law chooses to direct these building permit processes and forcing us to have to then pivot to make adjustments to accommodate those changes.
- Jordan Molina
Person
Staffing, of course, like everyone else has said, vacancies continue to be a challenge. Finding people with appropriate experience is a struggle. Since my tenure, I mean, we've had 50 plus years of experience cycle out under my time. And you cannot just replace that very easily.
- Jordan Molina
Person
The number of review agencies becomes a challenge too, just because, like I mentioned previously, every one of those agencies have their responsibilities and they don't necessarily align or support expedited permit processing just because there's different priorities being applied by those agencies in their reviews.
- Jordan Molina
Person
Then like specific to alterations and additions, having to conduct the research to figure out what the existing structure is, is it a legal structure? Are there issues that we have to account for when we do alterations and additions to existing structures? Next slide, please. So here's a table summarizing our permitting staff.
- Jordan Molina
Person
And so this is focused primarily on just our, again, our building permit side doesn't include our electrical, plumbing or civil team. So we struggle to stay fully staffed. We're okay right now, but it's always a revolving door, and which is a challenge because you can't just plug and play people.
- Jordan Molina
Person
It takes time to learn our systems, learn the codes and develop that expertise, which adds to the challenge of trying to, you know, staff up. And I think that's my last slide for this morning. Appreciate you folks attention. Thank you.
- Greggor Ilagan
Legislator
Thank you, Jordan. All right, we're going to move on to questions, and we have 10 minutes for questions. Anyone wants to start us off, let's go with Dean.
- Unidentified Speaker
Person
Thank you. Jordan, Quick question. Do you folks have a expedited process for affordable housing projects?
- Jordan Molina
Person
We do. So when a project gets a workforce housing agreement executed with the county, we become notified and we notify our review agencies. And really that just means they get put to the top of the pile.
- Jordan Molina
Person
Doesn't always translate that way directly, but it gives us the ability and the authority to prioritize those projects and to nudge along the other agencies to remind them that those are priority projects for their review.
- Unidentified Speaker
Person
Thank you. Jordan, Just question, you were talking about. What building permit process is, but doesn't. That include the planning division, too? So, like, how much of that is that all concurrent or is it, you know, planning division first, then you go into the dpw?
- Jordan Molina
Person
No, we run it concurrently. So if you recall that routing matrix when we launched the agency reviews that'll go through all those agencies concurrently for their review.
- Unidentified Speaker
Person
Then Rep. Yeah, this may be a. Little premature or maybe too late, but let's just get right to the point. I'd like to hear from each of the directors. What do you think is your biggest bottleneck and the reason for it for in the in the permitting process?
- Greggor Ilagan
Legislator
So regarding your question, we'll go with Jordan and then we'll just stop there and move forward from that. Go ahead, Jordan.
- Jordan Molina
Person
I mean, I guess outside of getting into the specific areas of review and particular laws of a particular agency that may frustrate the process, I mean, just the ability to staff and reorganize our structure to be effective is my biggest my biggest headache, like fighting with our personnel Department to reorganize or to compensate, to be competitive in this area is my hugest frustration generally.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thank you. Chair thank you, Mr. Molina, for being here. Two questions. One is, you heard it earlier. What is the shelf life of their construction permit? How long is it good for? And then my second question is Hawaii County has implemented a permit or plan. Review fee when they Submit. Does Maui County have the same?
- Jordan Molina
Person
Generally our permits do have a five year expiration date from issuance. And so that's kind of a hard deadline. We maintain there is some consideration we give depending on the status of the build. You know, if the thing's almost done, we're not going to make somebody.
- Jordan Molina
Person
You know, we're trying to get the projects done, we're not trying to keep people tied up. But generally there's a five year expiration and that's to kind of address changes in code that may occur over that period of time.
- Jordan Molina
Person
And then we do have a design plan review fee that we apply to each building permit in addition to the permit fee itself.
- Morgan Gerdel
Person
Yes. I wonder if you could comment on working with a plan review consultant like Fourleaf on building permits. Is that carried over to work within the Department, working with them and maybe just talk a little bit about that process?
- Jordan Molina
Person
Sure, yeah. So as a result of the wildfires and anticipating the surge of rebuilt permits, our team at DSA did successfully procure third party services and we ended up selecting four Leaf. And they handle primarily, they are focused on our building code review, so electrical, plumbing and building.
- Jordan Molina
Person
But we did were able to expand them to do our wastewater, so our water various, you know, to some extent, our planning reviews also. And so that's turned out to be successful.
- Jordan Molina
Person
I think the biggest lift was getting them onboarded and, you know, having our processes scoped up clearly enough to be able to give to a vendor for them to be able to, you know, understand and implement. And then there's some growing pains along the way.
- Jordan Molina
Person
And so that implementation time is probably the biggest lift of, you know, getting all your ducks in a row and getting them, you know, to be consistent with how you operate. Because, you know, the first, the first few months it was a lot of people calling going, what's going on over here?
- Jordan Molina
Person
You guys never used to check for this and never used to check for that. And so having to kind of refine those aspects of it.
- Jordan Molina
Person
And so so far we found it very successful in being able to maintain, you know, the sanity of our staff and to even just keep up with the volumes that we've been seeing from Lahaina. We did recently extend that into our regular queue.
- Jordan Molina
Person
And so we've been slowly ramping up again, Four Leaf to assist us with our building permits. That is limited to just our building code review at this point in time. Thank you.
- Jennifer Salisbury
Person
Aloha, Jordan. Mahalo for your presentation. I know Bluebeam and Maps has a Collaborative function that allows real time reviews between reviewers of the county and, and architects and engineers. To your knowledge, is that ever used? Do you know if that's ever been useful?
- Jordan Molina
Person
To my awareness, we haven't been able to really leverage Bluebeam to that extent. The coordination of multiple comments on this single plan file electronically and just organizing, you know, color coding, understanding how to read it, versioning, all of that, we haven't been able, we haven't broken through yet.
- Unidentified Speaker
Person
I have two questions. First of all, thank you for addressing the question I was going to ask about staffing but kind of in the ideal world, if you were fully staffed, would you have enough staff funded staff positions to operate for the scale of Maui for.
- Unidentified Speaker
Person
And this is kind of a genuine, this is a genuine question because I'm not quite understanding if like five plan examiners is the right scale for the scale of Maui. And I have another question after that.
- Jordan Molina
Person
I guess in the current economic cycle we're in and the volumes we've been in really since COVID it's probably a little low because we do have a significant backlog we're still working through in large part caused by our maps integration which set us back significantly as well as coupled with the loss of, you know, several 30 plus year experience staffers.
- Jordan Molina
Person
And so we were struggling to recover in that regard. But I think with the augmentation from the four Leaf and with some of the changes we've made in our, in our structure, you know, I feel if we can get fully staffed and trained up with experienced people, I think we can have a handle on it.
- Unidentified Speaker
Person
I appreciate that. I think I'm just looking at the numbers between what was presented in the Hawaii county with 20 examiners, I know that inclusive of electrical plumbing. But trying to rationalize the discrepancy in numbers. The second question I had is regarding the point you made about permit applications coming through sometimes just simply to vet feasibility.
- Unidentified Speaker
Person
So one of the conversations on Maui that is recurring is resources such as water. How much of the data needed to vet ideas is publicly available and how much requires an application going through the process before getting the determination that there is or is not enough water or any infrastructure in that, in that case.
- Jordan Molina
Person
I mean I can't speak to our water Department specifically, but I mean generally people should. I mean, I guess I don't know how to best.
- Jordan Molina
Person
I mean, what I would do is I would go to that agency beforehand to kind of at least get an early consultation to talk through what their awareness of my property and what I'm trying to do to get a sense of what I, what I might anticipate. I know a lot of people don't do that.
- Jordan Molina
Person
And so they get caught at agency review finding out that they have this significant problem. And so I guess that's my General guidance is you got to, to a lot of extent, you have to be proactive in trying to navigate and, and get your answers. Because we are also so short staff right now.
- Jordan Molina
Person
It is really a squeaky wheel operation where people have to advocate for themselves because we are undermanned and overloaded to be able to just, you know, accommodate everybody to the extent we want to.
- Greggor Ilagan
Legislator
All right, one closing question before we. Or none. Up to you guys. All right, it looks like we are done with the questions. Jordan, thank you so much for answering them and your presentation. Thank you. We're going to move on to city and County of Honolulu.
- Greggor Ilagan
Legislator
You will have 20 minutes to present, followed by 10 minutes for questions. If you don't mind, please step up to the podium and director, start whenever you're ready.
- Michael Unebasami
Person
Thank you. Thank you. Good afternoon, everyone. I was wondering, can I use the PowerPoint and a clicker because it kind of goes through.
- Greggor Ilagan
Legislator
Yeah, Maybe let's take recess just to figure out the technical part. Recess.
- Unidentified Speaker
Person
We are back from recess and at the moment we have city and County of Honolulu for their presentation.
- Dawn Apuna
Person
Thank you Chair. I'm Dawn Apuna, Director of the Department of Planning and Permitting. Thank you for this opportunity to provide this presentation. Unfortunately I had some animations to help kind of walk through, but it's somehow not working or I didn't save it properly. So I'll just go through the slides.
- Dawn Apuna
Person
So this is our building permit process and just to start from the second column, online application upload to HNL Build. So HNL Build, we launched on August 4th and we're still within the implementation process and will be for at least the next three weeks where we will refine the process and make sure everything is working properly.
- Dawn Apuna
Person
So through our process you would upload your application or you would start the application process through HNL Build. And we are connected to evolve E plans as well. And that's a direct connection. Whereas before in our old POSSE system we did have e-plans and they were kind of more separated out from there.
- Dawn Apuna
Person
The red cycling symbol, you go into prescreen and that's where all of your formatting of the plans, et cetera is checked for. And then you go through a multi agency code review. The different agencies outside of DPP within DPP, for example commercial projects go through mechanical, electrical and building.
- Dawn Apuna
Person
And then we also have outside agencies like HFD, DOH, SHIPD and then once we make our comments, it's sent back to the applicant to address all the comments. And so that's why we have this cycling symbol because it is review cycles.
- Dawn Apuna
Person
So if you have really great plans and everything passes on a first round, you could get your permit within one review cycle. On average we're looking at more around two to five review cycles for applications and that is a lot. And when you have applications that are like 69 review cycles, there's something wrong there.
- Dawn Apuna
Person
And so once you get, you meet all the codes then you go to permit issuance and that's where you get your, you pay there, there is a payment and you have to provide like contractor statements etc, and you get your permit. And then from there inspections take place.
- Dawn Apuna
Person
And then this first column, so this is going to be soon implemented. It is the AI that we're using with CivCheck and it's a guided review for single family new, new build alterations and additions. And then on the commercial side will be for tenant improvements.
- Dawn Apuna
Person
So right now for SIV check we are doing a soft launch with mostly designers that come through a lot on residential projects and they're working with the process and we're going to get some feedback on that. And then a few months or a couple of months after that we're going to open it completely for all applicants.
- Dawn Apuna
Person
And this is a pre check process that happens and you're certified through CIV check and then it goes into. Then you apply for the building permit with the certification by SIV check. And this is going to cut down the number of review cycles because it will be much better met to code.
- Dawn Apuna
Person
And what we really like about this AI system is that it guides the applicant. It's not just stick it in and tell us how to do it or is it right or wrong, it's it guides the applicant through the codes and let's educates the applicant about what's correct.
- Dawn Apuna
Person
And we think that's very helpful when it comes to excessive review cycles that they're becoming better, they're better at doing the actual design of their projects. And then just to note, so we've been working with CivCheck for over a year. They did a pilot and now they're doing the soft launch.
- Dawn Apuna
Person
They did a lot of research on what we do and what comes through and their evaluation about the data is that we've been. It's basically designed by corrections.
- Dawn Apuna
Person
So a lot of plans that are coming in are being passed through or going through this because we're helping them to design their project when really what we want are well designed, 100% complete, as much decode as possible from the first application so that we don't have to keep cycling, which is certainly a multiplier effect on the time within the permitting process.
- Dawn Apuna
Person
So I was going to kind of go through these one by one. But the blue represents the improvements that HNL build offer to us. So now there's greater parcel information and GIS based information for your parcel so you can know exactly what's there, what you can do. All permit types.
- Dawn Apuna
Person
So whereas our old POSSE system basically processed just building permits, we now are able to have everything come through for over 60 different types of permits or approvals. Whether it's a conditional use permit, sma, everything that we do, subdivision approvals are coming through the H and L build process. Greater agency integration.
- Dawn Apuna
Person
So there's direct linkage with say DCCA on contractor information and other agencies. And we'll continue to work with different agencies. I think we spoke to someone yesterday about how signature from HECO rather than the applicant going directly to Hico to get that, that we would be able to integrate that.
- Dawn Apuna
Person
And so we're going to reach out to Hico and say hey, can you get into our system so that you can provide that as soon as an approval is made and we're not. The applicant isn't going back and forth.
- Dawn Apuna
Person
Permit eligibility There's a lot of information in H and L build that can tell you are you eligible, what else do you need? Or maybe you're not eligible. Online payments and auto issuance, I don't know if you've seen but we've. We had a pneumatic tube just a few years ago. You know we're using like a.
- Dawn Apuna
Person
That was like our payment and it's like physical payments that people are waiting for now all online. It seems kind of like okay, you should have been doing that already. But it's a major, you know, it's a major improvement for us and for the applicants. Landowner involvement and awareness is, is very key now.
- Dawn Apuna
Person
People can't just say where's my permit? We have the ability and we are requiring landowners to have their emails as part of the registration so that they can get updates on their projects and they know they can go in and look at comments and see exactly what's happening with their project.
- Dawn Apuna
Person
Where are my docs and information is required up front because we also have a problem with the permit is going through. Different approvals are being made by different agencies and then at the last minute zero, you're missing this form or you're missing this approval.
- Dawn Apuna
Person
So if we get everything up at the beginning it's going to make for a much smoother process going forward. And then lastly the blue real time permit tracking. It's like the Domino's app where you know exactly when you, when the pizza starts baking. Quality control and then it's done.
- Dawn Apuna
Person
So it has the same kind of bar across the top that tells you where exactly your permit is. And then for the white. So no more paper. So this is in the last few years, right?
- Dawn Apuna
Person
In the last four years we finally went completely from paper plans which is a time SAP because they're literally moving physically these rolls of papers among agencies, but that is no longer allowed. And then the people.
- Dawn Apuna
Person
We've been doing a lot for our people which is crucial, you know, like giving them more training for consistency on reviews, raising salaries where we can because we need to pay them what they deserve and we're competing with industry and it's very important that we're able to attract and retain people that do this job.
- Dawn Apuna
Person
And also we have a third party company that is, that helps to supplement our reviews. They're based in California, but they do some of our electrical reviews and some single family.
- Dawn Apuna
Person
And then lastly, quick permits, we've added a lot of quick permits so that it's an instant online permit as opposed to going through the same process and as more complex permits. So I just want to go over some basics because sometimes we jump right into permitting takes forever when we don't know the basics about the permitting process.
- Dawn Apuna
Person
So at the very bottom, health and safety, that's what a building permit is for, simple as that. And I've seen legislation about shotgun shot clock rules, which I don't think makes sense because you can't just cut off a review and say, here's your permit and we're really trying to ensure health and safety.
- Dawn Apuna
Person
Above that, ministerial building permits are ministerial. That means if you meet the codes then you should get your permit. It's not a discretionary permit where there's a lot of other factors involved or you know, community or council approval. And then above that, complex and varied codes.
- Dawn Apuna
Person
We are dealing with very complicated and layers of codes that are involved. So, you know, we hear about people saying, well, why is the electrical looking at this in the mechanical plans? Because they do, they do affect each other. Different disciplines do affect each other. And then above that, residential and commercial again.
- Dawn Apuna
Person
So in DPP there's two routes, single family and two family and simple types of building permits. And then the other route is commercial, so multifamily and then just larger, more complex. And to that, under the residential review, we have building plans examiners and they are basically the qualifications.
- Dawn Apuna
Person
I think they just need a year or so of some, some kind of industry related experience. And then on the commercial side I talked about, it's our engineers. So mechanical, electrical and building. And these are our engineers. And above that. So we process anywhere from 14 to 16,000 building permits per year, just building permits.
- Dawn Apuna
Person
And then lastly, and very importantly the applicant. And there are other factors that play a very important and major role in the building permit process. It is not just the building permit agencies. So this, this was supposed to be animated. So it's all screwed up.
- Dawn Apuna
Person
But what I was trying to show was speaking to that there's other factors involved. It's been easy for people to think that DPP is this black box where you just put in your application and it sits there for years and who knows and it finally comes out. That's not the case. There is.
- Dawn Apuna
Person
If you take away the red and the black, there's different factors. There's D PP, yes, we are like the clearinghouse for all these different approvals outside of DPP that we make sure that these things are checked off before you get the approval there's by these other agencies.
- Dawn Apuna
Person
So other state agencies, you know, even HECO and other private agencies that sign off. There's the codes, as I had mentioned, the complicated codes and then the applicant themselves. So about a couple months ago we did just a. A shot in time about where are say there's about 6,500 residential permits in our system on this one day.
- Dawn Apuna
Person
And if you did that one shot, you could see that 75% were with the applicant at that moment in time. And that's pretty average. So 75% it's with the applicant because they're actually, you know, there should be reviewing the comments, fixing the designs or, you know, they're holding onto it.
- Dawn Apuna
Person
It's not that it's always with the other agencies or it's always with DPP. And then up there in the purple capacity is hugely important. I heard the questions for the last speaker.
- Dawn Apuna
Person
Being able to properly pay them and then give them the right training and having enough numbers to cover the load that we get in permits is very important. So this is to. This is a graph I used to show because it's kind of dated now, but it's from 2010 to 2020.
- Dawn Apuna
Person
And the black line is basically signifies our backlog of building permits. And actually it's come down from there. It's like it peaked and it came down.
- Dawn Apuna
Person
But what this shows is that from about 2016 forward the backlog is going up and you can see the amount of city ordinance that directly affect building permits how there's just so many.
- Dawn Apuna
Person
And I don't need to read all of them, but you can just see based on the so much more color on that end that we believe that that has affected the building permit process because whenever there's new ordinances or codes we. It's not just automatic. That is part of the review.
- Dawn Apuna
Person
Staff need to understand how to interpret that, how to apply that. And the applicants themselves also need to have. Needs to know how do I design based on these new codes. And just to give you an idea, the monster homes ordinances, there were three different ordinances over just a couple of years. And I knew I've.
- Dawn Apuna
Person
I've heard because I wasn't here at the time, that that was very troublesome to staff and applicants. In order to figure out what does this mean the far all that additionally SWQ, that is stormwater quality.
- Dawn Apuna
Person
Back in 2018, we had to set up an entirely new branch that checks for stormwater quality and that adds signi did add significantly to the permitting time. We have been able to bring down that backlog. I think within a few days you can get your review done.
- Dawn Apuna
Person
But these are, these are instances where we get just new codes and it is definitely disruptive and can slow down the permitting process. And then speaking to capacity, again, just to give you an idea in the blue, this is on our commercial side.
- Dawn Apuna
Person
So originally, when I first started in DPP about four years ago, the electrical, number of electrical, mechanical and plans examining building, examining engineers, there were four each and I think five or six for the building. And that hadn't changed for years.
- Dawn Apuna
Person
Even though the complexity of what we do and the volume changed, we didn't change the capacity to handle that. So we added those positions. We doubled the number of positions which is represented here. However, it's been very difficult to fill those positions. So had we been able to fill them, we could go even faster.
- Dawn Apuna
Person
But the pay is, is. Is probably the biggest challenge. Private pays much more. And then you have the feds, you know, they're doing their work at Pearl harbor, they pay even higher. So it's. We, we have been able to do some shortage pay at the city level, but that is something that we're still struggling with.
- Dawn Apuna
Person
So after two years since we added those positions, we continue to struggle with filling those vacancies. And then the building plans examiner, that's on the residential side, the ones that I spoke to before, we do pretty good with hiring, but it's hard to retain them.
- Dawn Apuna
Person
And I think part of it, we do need to look at how those positions are described because they are very complex positions. They deal with angry public and they have a lot to deal with. So I think we, we're working on making sure that they're.
- Dawn Apuna
Person
Their description fits what they do and that they're paid accordingly because we do have issues with retention. So we can hire them, we train them, but a lot of them, once you get into that kind of work, you become a lot more marketable, I think. But you also are.
- Dawn Apuna
Person
Will leave us and then we have to start all over again. So I'm just going to cut to the chase. I know that this is about fixing the permitting process, but I did look at the other presentations and I think our processes are basically the same. If you look at it, we do the same.
- Dawn Apuna
Person
It's exactly the same all the way through. So I just wanted to present what I think our Department needs to go even faster. So I think part of it at the bottom, inaccurate narrative. I get it.
- Dawn Apuna
Person
DPP has had a bad history, a bad rep for, for many reasons, but we're really working hard on doing exactly what you want to make the permitting go faster. I know that a lot of the legislators, they hear from constituents like, my permit has been stuck forever and they're telling me it's DPP's fault.
- Dawn Apuna
Person
And nine times out of 10, when we look at it, because now we can look at it exactly where it was for how long, this or that, the comments, it's with the design professionals or they're not addressing comments. And now with hnl, Build and our E plan system, you can see all of that.
- Dawn Apuna
Person
So what is difficult is when we keep having to explain or we have to, we have to. It takes time and energy to do that. When really people should be asking their design professionals, you really hold them to it and say where. What's going on here? Because it actually comes back to them. But.
- Dawn Apuna
Person
But you can save time and energy just to go directly to the design professionals. So myopic legislation. And I'm talking about, you know, the City Council, they're focused on a specific issue like monster homes. But then what are the repercussions from that? How does that affect our process? Capacity, hiring and training?
- Dawn Apuna
Person
I mentioned that we need to add capacity. The applicant, again, it could be with the applicant. Code cycles are problematic because they're too short and we always have to adjust.
- Dawn Apuna
Person
And then other agencies, like, we're doing as best as we can, but of course we hear about, hey, I know it's not with you, but what's going on with this agency, that's, that's taking a long time. So there's backlogs in other areas. So how the Legislature can help change the narrative. I talked about that. Like, we.
- Dawn Apuna
Person
I think that DPP and the other agencies, they're doing the best they can with the resources they currently have. Yeah, we need more resources, but. But it's hard to always be on the, on the, you know, I don't know, just. I think it's hard for staff.
- Dawn Apuna
Person
Like, that's the worst for me is when staff are treated badly, when it's not their fault and they're doing their best. And it takes the whole community just understand what's going on, what's really going on so that we can all get to the same place. So pilot funding for hiring and retention.
- Dawn Apuna
Person
So if this is about building so much housing within two or three years, I'd say give us a certain amount of money for A certain amount of time so we can pay the engineers to hire and even the incumbents that are in there to. So that we can quit, just jump on it.
- Dawn Apuna
Person
The more people we have, the better be cognizant of misguided legislation. Like I said, that shot clock legislation, we spend a lot of time kind of explaining or fighting, but we just have to work together on what the Legislature intends to do and what you're working with.
- Dawn Apuna
Person
As far as what the county's trying to do, clarify engineering licensing.
- Dawn Apuna
Person
We came here for a couple of years about just making sure that government plan review engineers could be treated or could know exactly what that means and that they could work at DPP, come out of uh, as a graduate and get the right experience so that they could sit for licensing and then extend code cycles.
- Dawn Apuna
Person
If we extended them by six years, I think that would be helpful so that staff isn't using so much time on learning new codes that takes a significant amount of time to adjust to and then again adding capacity to other agencies so that they also can work through and get rid of their backlogs.
- Dawn Apuna
Person
So with that, that's the end of my presentation and I'm available for any questions. Thank you.
- Unidentified Speaker
Person
Thank you, Director. All right, open for questions. Senator Hashimoto, thanks, Dawn, for being here.
- Troy Hashimoto
Legislator
Great, great presentation. You know, I think if you could go back real quick on your staffing slide. You know, I think we, we've talked about this before and I always talk to, when I talk to people, you know, I always say dawn says that she had a magic wand, it would be civil service reform.
- Troy Hashimoto
Legislator
But you know, that's. Which is really difficult. But I think, I think there is something to this and maybe you can kind of explain what you've done in your hiring area. Right? So I think there's redescriptions, there's. You can upgrade some of these positions. I don't know how long you've, you know, along in that process you are.
- Troy Hashimoto
Legislator
But I think, I'm not sure if we're going to straight out give you money, but I think we can do a pilot to kind of figure out what can we do in these hiring. Right. So.
- Troy Hashimoto
Legislator
So there's models like you look at the University of Hawaii, they create a team of exempt professionals to deal with some of their building issues. Right. To. To do the renovations at Manoa. But I think, I think if you can tell us what exactly you need and we can pilot it, I think we're willing to try.
- Troy Hashimoto
Legislator
Because you guys haven't used the EP right? For for some of your hiring the governor's housing EP?
- Troy Hashimoto
Legislator
Okay, but. But what is it, do you think, within working, within the constraints of civil service, do we have to go negotiate with the union to kind of figure out, okay, can we get a pilot exemption too, so you can hire all these exempt positions, or do we have to then, you know, give differentials to these positions?
- Troy Hashimoto
Legislator
I think we just need a little bit of guidance so we can kind of know, because I do believe a lot of it is people driven. Right. And that's why I always tell people, you need to stop updating these codes because people get confused. Right. But nobody believes us.
- Troy Hashimoto
Legislator
And they still want to, you know, especially the architects. They continue on us to adopt the new code. Code every single time. So everybody gets confused because at the end of the day, it's people that need to interpret it. So. So I just wanted to dig a little bit deeper on that.
- Dawn Apuna
Person
Yo, that's, that's a good question. I think it's spot on. It. Yeah, we, the civil service system, it. We. It is very hard to do a lot of things that we need to do or that we should be doing. So, yeah, I think pilot program with the unions, the.
- Dawn Apuna
Person
See how we can do this in a, in a limited amount of time. I think, I think that's our best shot. But we do need to. The, it's the pay. Like, that's the. When I asked my staff what is it like, that's. They. People won't even come for an interview just knowing what the salary range is.
- Troy Hashimoto
Legislator
So, so what do you think is. What is the deficit? Is it 20%, 30%?
- Dawn Apuna
Person
I'd say closer to 30% like for. Or more for the feds, you know, competing against the feds.
- Troy Hashimoto
Legislator
But, but I guess for, for a good example is like your permit clerks. Like, you know, have we looked at trying to upgrade them and what would. And where are we in that process?
- Dawn Apuna
Person
Yeah, we're. We're definitely looking at that because they are basically clerks, you know, so we have a position title called Engineering Support Techs. I think that's closer to what they do. It's a lot more complicated. And what they have to. I mean, they're reading code, they're interpreting code, they're applying code as well. So we are, we are.
- Dawn Apuna
Person
We're working with our HR Department to, to redescribe positions. But if you were looking for something immediately, I do think some way that we can pilot and somehow navigate around some of the civil service rules, like the faster the better.
- Dawn Apuna
Person
And I think when we do that and we see what, what the result is, that will better inform the civil service side about how do we move forward. But I think it's, you know, this is all this is. This is an immediate urgent situation.
- Dawn Apuna
Person
So I think if we do it, and I know you don't want to just throw money at us, but we would be, I think the counties and us, we can work together to feel, figure out exactly how we would apply this that makes sense in a fair way with the goal of producing more and getting more housing created.
- Troy Hashimoto
Legislator
Okay, so maybe we can have a further conversation. But one last thing. With new Honolulu builds, are you able to take a look at and pull all the comments that you're getting and summarize what are the most common comments?
- Dawn Apuna
Person
That's a good. So we can definitely pull all the comments. And I think there could be a way that we could do that. We could figure out what the. What the most common ones. And we can ask our staff too. They know, they know what the most common comments are.
- Troy Hashimoto
Legislator
Maybe like a FAQ page or something. Yeah. Most common mistakes. Yeah.
- Yuki Sugimura
Person
Thank you. Great question. Senator Hashimoto, I just want to comment. When you decide to do this pilot program, please include Maui. I think, though, what we're hearing.
- Yuki Sugimura
Person
Yeah, I think what. Thank you. I think what we're hearing is I'm the budget chair. So every single Department that came before us.
- Yuki Sugimura
Person
Yes, okay. Every Single Department that came before us with the County of Maui always said their biggest problem is our personnel Department. And I would imagine that every single county has the same challenges because we're all under the same state kind of jurisdictions that they follow. And what we've done on Maui is this is not quite this.
- Yuki Sugimura
Person
But 911 dispatchers, they're HGA clerical. And so therefore they're so underpaid every year we've been incentivizing them by adding now they're up to $1,000 per month just to keep. We have a huge shortage of 911 dispatchers, but we are having to do this with all walks of all departments that ask us because they know the needs.
- Yuki Sugimura
Person
And I would imagine that this is happening statewide. We have a really big problem, which is probably bigger than this Department. And Senator Hashimoto that walked out. Please include Maui County in this pilot program. Thank you.
- Unidentified Speaker
Person
Thank you. So, Members, just want to remind everyone. Let's focus to the presentation and the questions To Director. So who's next on Monica? zero actually Jordan and then Monica. I apologize.
- Unidentified Speaker
Person
Thank you so much. Director. My question is related to CIV check AI and it's very intriguing and I really appreciate you using technology in spaces. To address the shortage in staffing. But the question that I have is other agencies data hooked up or fed. Into Civ check AI or is it just DPP related data?
- Dawn Apuna
Person
Yeah, it's just. I mean I don't even know if it. It's just DPP code related to the specific permit types that CivCheck is processing.
- Unidentified Speaker
Person
Okay. As a follow up question, do you know if there is any intention to look into whether other agencies data can. Be Fed into SIF check?
- Dawn Apuna
Person
It can like we've asked them I think recently working with dhhl. They want us to help with with some of their projects. So we said I guess they follow state code. So we wanted to make sure that. And so they're inputting specific for dhhl.
- Unidentified Speaker
Person
Hi Dawn. I appreciate you. I know a lot of these problems have started since the beginning of time and predates you. A lot of things in regards to, and maybe you can appreciate this with your background is that building code is law and these laws need to be interpreted.
- Unidentified Speaker
Person
So one of the biggest issues is the interpretation of these building codes. Right. And that adds to the delay. Also. You know, sorry, can you talk about the H and L build and some of the problems Because I know it doesn't matter whether you're a bank or you're a DPP.
- Unidentified Speaker
Person
Whenever you integrate or upgrade to new systems there's always going to be a lot of problems. I myself am waiting for my tco even though inspectors have signed off on it all. And then one comment is we do have HGEA Cheryl there.
- Unidentified Speaker
Person
I don't mean to put you on the spot but we do have somebody talking about staffing a lot too. So she's in the back there too if you want to participate in the conversation.
- Unidentified Speaker
Person
Right. Just so everyone knows, lists of Members are on the website at any point of time we can make comments. However, if we could just focus the valuable time that we have with Director and the questions and answers directed to you. Yeah. So please.
- Dawn Apuna
Person
Yeah, those are great questions. So first building code, the interpretation. Yes, A.B. absolutely. I think what is helpful is when staff is able to sit down or have conversations.
- Dawn Apuna
Person
You know, it it because I've sit in a lot of those meetings where it has to come down to a meeting and we all end up on the same page. But when we are have so much work, I think those conversations, those meetings are last on our list.
- Dawn Apuna
Person
So the ability to add capacity will only will allow us to do that. I mean, that's one of our goals as DPP. Use more technology and fix a lot of what we do so that we can have more person to person contact with applicants to help them understand.
- Dawn Apuna
Person
And I think that in itself, when they can work together face to face, it builds better confidence between the agency and the applicants that, you know, we're not trying to make it hard for you, we're just, this is how we see it.
- Dawn Apuna
Person
So I think that that is how I see that we can deal with the building code interpretation as well as training. Training is super important. So like I said, we, we now have a lot more robust training required for our plan reviewers or even our inspectors, which will help with interpretation.
- Dawn Apuna
Person
As far as the H and so HNO Bill, we launched on August 4, there have been some issues and like, you know, it's just a major implementation. There's so much data, right? Just years of data that are, we're trying to bring over to this new system.
- Dawn Apuna
Person
It's not like when Posse, 28 years ago or whatever was first started. It's a new system. Everything's new is going in, so that's, that's easy. But we're going from one system to, to another. So we've had some data mapping issues and that kind of, kind of.
- Dawn Apuna
Person
I know once it came out, even our staff were just very frustrated because they were looking into the system and they didn't see, zero, wait, I'm supposed to have an inspection today. What happened? So admittedly and even with the vendor, that was kind of a fumble, but we're working on it.
- Dawn Apuna
Person
We're, we're in our fifth week of eight weeks of, what is it called? Just like full on, fixing bugs, smoothing it out and making sure that we stabilize the system. So there's still a few weeks ahead of us and before we get it stabilized. But yeah, it's amazing.
- Dawn Apuna
Person
I didn't expect it to be so rough, but we're going to get there. We're going to get there. So we appreciate everyone's understanding. Thank you.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thank you. Thank you, Dawn, for being here. And I really want to acknowledge you inherited a lot of problems and I am incredibly mindful of this transition. When Hawaii county went through it, migrating, legacy permits, everything you're talking about, we experienced and we were the first one to experience. I'm just here to say it'll get better.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
It's going to take a while, but it will get better. I wanted to focus a little bit on your permit backlog and I really appreciated this graph specifically to your point about myopic permits, oftentimes legislation, just the sheer thought of the introduction of something new coming forces that. Or pushes design professionals and applicants to.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Shove something in anything just to hold. Place on that specific code cycle. I was also interested. I'll work on that a little bit more. But I was wondering if you had some data analysis that we could overlay across this as it relates to our banking industry.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
I asked that question because another time we see a huge spike in permits is when interest rates are going from three and a half to five and a quarter and applicants, design professionals start getting anxious again. And I'm looking forward to working with you on the offline on that. But back to my same two questions.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
How long is your construction permit good for? And do you charge a plan application fee like Hawaii county does? And if they mess up, if there's penalties.
- Dawn Apuna
Person
Zero, so we do have a permit fee and then the plan review fee and then do we the only do the. As far as like a penalty. Like a penalty if they mess up.
- Dawn Apuna
Person
I mean as far as just violations, if they're not following the plans or you know, if they're doing something completely wrong, we can revoke the permit. Those, those are the penalties. Let's see. What was the other question? zero, I was just going to. Just as to your, your comment about the banking.
- Dawn Apuna
Person
Definitely I had another graph that actually showed other events that definitely also added to the backlog. And just to speak to. I think Rocky Mold provided some testimony about the solar permits. You know, and we understand that he has this, they have this looming deadline.
- Dawn Apuna
Person
At the same time it's not just H L build and hurry up and get a dud, but we've gotten a huge influx of solar permits because they're. Everyone's saying this thing is going to. So it's, it's a major mound of permits coming in that is also making it difficult to. Yeah, the backlog is growing. I'm sorry.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
How long is your construction permit good for?
- Dawn Apuna
Person
Zero, how long is it good for? So I think in our ordinance we require that there's like substantial like start to it. I think it's within. Is it 33 to six. Three within six months. So yeah, our inspectors go out and there's nothing any. Then they can cite them.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Yeah, sorry. Does it line up with your code cycle, though.
- Unidentified Speaker
Person
All right, we are gonna. We are going to close the questions. Thank you, Director, for your presentation. We are going to take 10 minutes and we're going to recess just to allow us to transition technically as well as taking a break. So at this moment, we are going to recess. Recess.
- Greggor Ilagan
Legislator
We are back from recess, and we are going to move on to our next agenda item. And for those who are watching, we are on agenda items 6 and 7. Our presentations from the State Historic Preservation Division on Chapter 60 and the Department of Health Wastewater Branch on the individual wastewater system process. Public testimony is now open.
- Greggor Ilagan
Legislator
Anyone on Zoom wishing to testify on these two items? Before we go to testimony on Zoom, could we get out of the presentation? Perfect. All right, we have Angela from CARES. Angela, could you introduce yourself and start your testimony?
- Angela Young
Person
Okay. So, abiding by the preservation laws to preserve Hawaiian culture in the process of construction for commercial and residential buildings, I think this is very necessary to have a comprehensive understanding about. You know, the Hawaiians are very fussy, almost as fussy as the government. You can't build here; you can't build there.
- Angela Young
Person
So, you know, I've been very active. I have DLNR to support the Hawaiian community for also bridging the gap for military leases and to do work with, like, clashing communities to advocate for cooperation. I think everybody is so obsessed with the part Hawaiians are playing and the role of having discussion of, like, developing for the Hawaiians.
- Angela Young
Person
And so, you know, I wanted to kind of, you know, get in on it, too. So, I'm happy to hear about OHA's resolutions to strengthen the burial sites, specifically for Chapter 6-E to transfer and policies to protect Iwi Kupunas as passed, I think, this last year.
- Angela Young
Person
And unfortunately...has historically been understaffed and underfunded, and so, native Hawaiian burials continue to be unearthed and mismanaged. And so, it's good to kind of just have more offices. According to the current resolution, Oha SHPD and the larger Malama Iwi Kupuna.
- Angela Young
Person
Okay, yeah, I'm going to summarize. So, yeah, my aunties and grandmas are from the Hawaiian homesteads community, from the Waianae homesteads, and so, I love helping the Hawaiian community and, of course, understanding these building barriers and navigating the complaints. So, you know, I always bring it up to the Hawaiians.
- Angela Young
Person
I try to refocus them, like, oh, there's a $600 appropriation from DHHL. Just a basic customer service skill set to cater to the complaints, like, shoot it down. So, yeah, thank you so much. I can't wait to hear more.
- Greggor Ilagan
Legislator
Thank you, Angela. Is there anyone else in Zoom wishing to testify? With no one else in Zoom, we're going to move on to our physical space. Is there anyone here present wishing to testify? With no one, seeing none, we are going—testimony is now closed and we will now transition to SHPD.
- Greggor Ilagan
Legislator
You will have 20 minutes to present, followed by 10 minutes for questions. SHPD. Administrator Puff, please proceed.
- Jessica Puff
Person
Hi. Good morning—it's not morning anymore—good afternoon, everybody. So, SHPD, if we want to move to the next slide, it's just, we can stay here for just one second. SHPD, we are mandated to exist under the National...
- Greggor Ilagan
Legislator
Administrator, I apologize. I really need you to make sure the microphone is...
- Jessica Puff
Person
So, we are mandated to exist under the National Historic Preservation Act of 1966 and the 1976 State Historic Preservation Law. Next slide. I think that a lot of the information on some of these slides are just background information that you guys can go through on your own time if you're interested.
- Jessica Puff
Person
But I think one of the primary misconceptions about SHPD and historic preservation in general is that there is some kind of mandate created either by state or federal law, to preserve. And the mandate isn't a requirement to preserve.
- Jessica Puff
Person
Rather, it's a requirement to consider historic and cultural resources and our impacts to them before we lose them, as we continue to evolve. Next slide, please. So, the national Historic preservation programs are—this is just something that we can pause on for a second. They're codified in 36 CFR, Part 61.
- Jessica Puff
Person
It requires that every state designate a State Historic Preservation Officer, who is Dawn Chang for the State of Hawaii. I'm the Deputy SHPO for the State of Hawaii, and that SHPO Officer is required to administer the federal programs that exist. Tribal nations also are allowed a Tribal Historic Preservation Officer to represent nationally recognized tribes.
- Jessica Puff
Person
State of Hawaii Native Hawaiians do not have a similar Historic Preservation Officer to represent Native Hawaiian interests. Next slide, please. And then, HRS 6-E is where you find the State Historic Preservation Program, and it is structured very similarly to the federal program. Next slide, please.
- Jessica Puff
Person
So, I'm going to go over three programs specifically that don't directly impact the permitting process but might inform how SHPD may review a permit that comes to us for review, the first of which is the National and Hawaii Registers of Historic Places.
- Jessica Puff
Person
These registers are an honorary designation in which a property owner may list their property, whether it's private property or public property, into the State or National Registers of Historic Places. This process identifies character defining features and why a resource is historic.
- Jessica Puff
Person
That information may inform how we review a permit to determine if those character defining features are going to be impacted by a project. Listing in the State and National Registers of Historic Places does not require preservation of these resources, does not require that that resource not be damaged or demolished.
- Jessica Puff
Person
For example, Faults of Clyde just recently was—we, we reviewed that project. In that case, we determined that it no longer retained eligibility because of deterioration, and it was subsequently delisted. But even if we hadn't delisted it, if the determination by the property owner was that it needed to be scuttled, you can do that.
- Jessica Puff
Person
You can remove or move or alter a historic resource listed. Neither state nor national law prohibit that. Next slide, please. The next program that may inform a permit review is the Federal Historic Preservation Tax Credit Program. That program is administered through our office in partnership with the National Park Service.
- Jessica Puff
Person
National Park Service is very strict about how a project scope of work is designed and implemented in order to maintain eligibility for that credit, so if we review a permit associated with that project, it needs to align with the Park Service standards in order to maintain eligibility for that program. Next slide, please.
- Jessica Puff
Person
And then, lastly, there's the Certified Local Government Program. Hawaii is the only state or US territory with 100% participation. All of our eligible counties are certified local governments.
- Jessica Puff
Person
That means that they've committed to having a local preservation program, they have at least one person staffing that program, and they have a Historic Preservation Commission, and have committed to developing rules and other programs locally to service their local community. I think we can go on to the next slide.
- Jessica Puff
Person
Under this program, just one comment about CLGs, is that our CLG's communities are eligible for capturing a portion of SHPD's federal budget. We get about $750,000 a year from the Department of the Interior to maintain our federal preservation programs. 10% of that is earmarked to go back to our CLG communities in the form of grants.
- Jessica Puff
Person
So, some of those grant projects, for example, we have a few that are in Lahaina right now. Most of those projects are just doing studies and surveys to help inform redevelopment of the area. That money though, could go for bricks and mortars projects.
- Jessica Puff
Person
And so, if those projects required permits, there may be a strict requirement to follow certain standards of preservation in order to maintain eligibility for that grant money, which may inform what project gets submitted to—for permit—and may take into—like may add onto the timeliness of the review. Okay, next slide.
- Jessica Puff
Person
So, this is the Federal Section 106 program, which may have an impact on SHPD's review timeline and overall scope of work and what gets permitted. Essentially, Section 106 of the National Historic Preservation Act is the federal equivalent of 6-E.
- Jessica Puff
Person
It gets triggered whenever there is a federal undertaking, meaning that federal dollars, federal land, or federal permits or other approvals are necessary for the project to move forward. This requires consultation among the federal agency, SHPD, other consulting parties, and Native Hawaiian organizations, as well as the Office of Hawaiian Affairs.
- Jessica Puff
Person
But outside of that, the process, in terms of consulting with SHPD, is very similar to 6-E. And then, the regulations for that are found at 3060 of our part 800, if anyone wants to read that and geek out a little bit. Next slide. And then the meat of the issue here today is HRS Chapter 6-E.
- Jessica Puff
Person
And under 6-E, there are three different types of reviews that SHPD does. There's 6E-8, 6E-10, and 6E-42, and I also added 6E-43. That's not a review process, but it is recognition that iwi is considered a significant cultural property that we need to try to preserve and protect.
- Jessica Puff
Person
And it informs the way that SHPD does our 6E-8, 10, and 42 reviews. So, 6E-8 in particular, as well as 6E-10 requires a similar sort of consultation process with SHPD that the Section 106 Federal Historic Preservation review process follows. This is usually early consultation before a permit application is actually applied for.
- Jessica Puff
Person
It generally gets initiated before the full scope of work is determined and SHPD consults with the project proponent to determine like how best to approach the project. And then 6E-42 is triggered whenever there is a building permit application that's submitted to us from the counties.
- Jessica Puff
Person
There are exemptions to 6E-42 that are found at 6E-42.2 that are particular to single family residential dwellings, townhomes, or just residential properties in general. And then, the rules for 6E reviews and 6E-43 are found at HER 13, 275, 284, and 300, in case, again, you want to look that up. Next slide, please.
- Jessica Puff
Person
So, this is kind of cut off, but this is a flow chart. I think there's a JPEG on the website if you guys want to zoom in on it on your own time.
- Jessica Puff
Person
But it kind of gives you a two-step test to figure out what kind of 6E review, if you are required to do one, which one you would fall under.
- Jessica Puff
Person
The first step is to kind of figure out do I have a residential property or is my project just a residential project on a property that wasn't previously residential?
- Jessica Puff
Person
But previous to this past legislative cycle, any residential project that did not include a single-family residential dwelling or townhome had to come to SHPD for review. After SB 15 was passed, there's language added that suggests that any residential project is exempt from 6E-42 review.
- Jessica Puff
Person
However, we, SHPD, has maintained that project proponents and property owners still have a responsibility under 6E-43 to preserve and protect iwi, with an emphasis on that.
- Jessica Puff
Person
And if a project proponent does not consult with SHPD about the sensitivity of their area or the presence of burial sites on their property, or the implementation of existing preservation plans for iwi on their property, we have some severe significant concerns about how iwi will be treated.
- Jessica Puff
Person
But outside of that, if you don't have a residential property, your project will likely trigger 6E-8 if it's being locally or state level sponsorship or support. If it's involving a listed property that's privately owned, it triggers 6E-10, and if it's a private project, particularly commercial, mixed use, etc., it will trigger 6E-42. Next slide.
- Jessica Puff
Person
And then, in terms of the review process itself, it's typically a four-step process, but with a bonus five fifth step in certain circumstances. So, the first step is to identify the project area. Next slide. And then the next is to identify the scope of work.
- Jessica Puff
Person
And then next slide. And then it's to identify historic properties within the project area. Next slide. And then assess whether historic properties within the project area will be affected by the proposed project.
- Jessica Puff
Person
Next slide. And then, if we do determine that there are historic properties in the project area and it will have an effect, then there's that bonus fifth step where we go on to mitigation. And HRS 6E identifies different forms of mitigation, such as documentation and preservation, but there's no particular mitigation that is absolutely required.
- Jessica Puff
Person
This is where you negotiate or consult with SHPD on what's most appropriate or feasible with a project proponent. That is also the step where if archaeological monitoring is required, archaeological monitoring may be a mitigation measure that we identify. Next slide.
- Jessica Puff
Person
So, this is sort of a flowchart and again, there's a JPEG available if you guys want to take a better look at it that kind of outlines the 6E-42 process specifically in terms of breaking those four steps down into what the rules actually say and the review periods that are allowed in the rules.
- Jessica Puff
Person
The step one is to determine whether or not there's a historic property there. If the project proponent knows that there's a historic property there, then they move on to consultation with SHPD. If we don't know if a historic property is there or not, but it's in an area where historic resources have been found adjacent to that parcel, SHPD may require an archaeological inventory survey or an architectural survey, typically known as a reconnaissance level survey.
- Jessica Puff
Person
And then, based on either the findings of that survey, if no historic properties are found within the project area, or we all agreed at the very beginning that there were no historic properties there, then SHPD has 30 days to write a letter of no historic properties affected and send that out to the project proponent and the permit process may continue.
- Jessica Puff
Person
If there are historic properties found within the project area, then, at that point, SHPD moves on to the next step of evaluation, which is to determine whether or not those historic properties will be affected.
- Jessica Puff
Person
If, under that part of the review process, SHPD determines that there are historic properties present but the project won't affect them, then we go on to issue a letter of no historic properties affected within 30 days.
- Jessica Puff
Person
SHPD might also write a letter of no historic properties affected with particular conditions if there are certain modifications, like establishing a buffer around like a known burial location or archaeological site or other historic property, so that we can ensure avoidance.
- Jessica Puff
Person
So, there is potentially a letter that people will get that takes the form of no historic properties affected but does have conditions applied.
- Jessica Puff
Person
And then, of course, the last step is like, if you have a project that has historic resources within the boundaries that you are going to affect those historic resources, SHPD will consult with the project proponent to identify mitigation.
- Jessica Puff
Person
And like I said before, that might require archaeological monitoring, documentation, or a commitment to preserve certain aspects of the historic resource. And that gets documented in a letter that is an effect letter that we have to write within 45 days. Next slide, please.
- Jessica Puff
Person
In terms of what SHPD needs in a submittal, we need an agency cover letter, project drawings with a site plan, and a narrative scope of work.
- Jessica Puff
Person
We are working with archaeologists that are not as familiar as the architects or architectural historians in our office with reading project drawings, or—so they do require a written scope of work, just to be reassured that they're understanding what it says in terms of location and depth of ground disturbance, as well as any identification efforts the project proponent has made for identifying historic properties.
- Jessica Puff
Person
And then, it isn't required to have an assessment of effects in some cases or proposed mitigation. That's typically limited to 6E-8 and 6E-10 reviews, but a project proponent at the early initiation stage is more than welcome to submit that to kind of preemptively consult on that and get that ball rolling.
- Jessica Puff
Person
And then, if it is a 6E-8, 10—if it is a 6E-8 project or a Section 106 project, the submittal does need to include comments from our certified local government communities, Native Hawaiian organizations, OHA, or other consulting parties. Next slide, please.
- Jessica Puff
Person
And then, in terms of challenges for this project, our number one challenge is getting complete submittals, particularly when it comes to HRS 6E and accurate information within those submittals. We'll often get people that will start to submit and then won't submit a complete submittal.
- Jessica Puff
Person
And we're not entirely sure if that's just to say that they've submitted something or they think that's all they need to submit, but a lot of our intake requires us to go through what's actually been submitted to figure out what it is there.
- Jessica Puff
Person
Because we'll get people that submit something under a certain document type and then our intake system will determine that it's complete, but when we open that document up, it's not actually what they're saying it is. It might just be a blank piece of paper. And then, the other thing that takes time is negotiating—negotiating mitigation.
- Jessica Puff
Person
Or the project scope of work might add to the timeline. And then, I put on here our average review time right now, like this is the average is 56 days for all of our projects. Next slide, please. And then, this is sort of a breakdown of the last state and fiscal reporting period for us. Next slide.
- Jessica Puff
Person
We had 60 determinations of adverse effect or effect with mitigation commitments. Next slide. We had 1,189 determinations of no adverse effect or no historic properties affected, and this is cumulative of both the federal and state range review processes, 6E and 106. Next slide. And we had over a thousand determinations that the project was incomplete.
- Jessica Puff
Person
And this is only represented in the letters that we send out. It isn't indicative of the phone calls, emails, or HICRIS messages that we send out to project proponents requesting more information or letting them know that it's incomplete. Next slide.
- Jessica Puff
Person
And then, in terms of opportunities, because all of our counties are certified local governments, most of them have at least one staff person that if they aren't a qualified preservation specialist, as defined by the state or federal rules, they have certainly have significant experience working with us and knowledge about our process.
- Jessica Puff
Person
Maui County is the first county to develop a local agreement document with us where they are taking on architectural reviews for SHPD under 6E. They have a qualified architectural historian who does that.
- Jessica Puff
Person
They also have a qualified and permitted archaeologist in their OEV division who are working with—we're working with the OEV division in Maui County on a similar MOA that will target archaeological reviews so that they only come, the only projects that will come to SHPD for review under Maui County are those that we believe will affect historic properties and thus, mitigation needs to be negotiated.
- Jessica Puff
Person
There are other programmatic approaches that we're developing as well. We have programmatic agreements for a number of project types under Section 106 with federal agencies.
- Jessica Puff
Person
We just finished one with Department of Hawaiian Homelands a little over a year ago for their Section 106, and we've been consulting with them and developing a programmatic agreement under 6E that will streamline what DHHL projects come to SHPD for review.
- Jessica Puff
Person
We're essentially pre-consulting on project types to narrow it down on what ones will likely have effect and which ones won't so that only those projects will either—that will either—likely have an effect, or we know will have an effect, will come to us.
- Jessica Puff
Person
We're also making updates to HICRIS to make it easier to submit and so that people know what they need to submit, and they submit it accurately.
- Jessica Puff
Person
And then, we're also investing in training and outreach to our local counties and communities and project proponents, federal agencies, so that again, we get the information out there about what we need, how we need it, etc. And I think that's it.
- Greggor Ilagan
Legislator
Thank you. At this time, we are going to open up for questions and who would like to start us off? I know Senator would.
- Troy Hashimoto
Legislator
Thanks, Jessica, for that presentation. I think I saw most of it. I was watching simultaneously when I was meeting with somebody else, but I don't think you addressed anything about staffing, so where are you with staffing and where are you with all the positions that we've given you? And is that still an issue?
- Troy Hashimoto
Legislator
Because I feel like it was a great presentation and it outlined a whole lot of things, but then it comes down again, similar to with Honolulu, it comes down to the people. Right? So, I think we're trying to hone in on what are we going to do about the people. Right?
- Jessica Puff
Person
Yeah. So, I think right now with SHPD staffing, we have 34 positions filled out of 52. I think that most of those remaining—what's the math on that? 18? Am I doing the math right? The remaining 18 positions, I believe most of those were positions created by the State Legislature in 2022.
- Jessica Puff
Person
It took us a significant amount of time to go through a reorganization process within our own office to create positions with our HR Department and DHRD, and then, we've recently been posting those positions and starting to get them filled, which, if today is 2025, it's taken essentially three years, right?
- Jessica Puff
Person
Which is probably too long for that to take. So, most recently, we filled our two vacant positions on Maui that were previously created. These weren't the new positions. Right now, we're filling—we're in the process of completing the interview process for three of the archaeology positions that were created and two of the architecture positions that were created by the State Legislature in 2022.
- Jessica Puff
Person
We're in the process of getting three more archaeology positions routed through the HR process to get them posted.
- Jessica Puff
Person
And I'm hoping to have six additional archaeologists and two additional architectural historians at least hired in, if not—and started—if not offers on the table before the end of this year. The remaining positions include—we're creating a position for the National Register Program.
- Jessica Puff
Person
So, we take that out of the Architecture Department so that the architectural historians can review more projects in less nominations, because that's a whole full-time position. Yeah.
- Troy Hashimoto
Legislator
Yeah, so I think that—so, at least things are moving. Globally though. So. So, number one, you're...you still have vacancies, right?
- Troy Hashimoto
Legislator
So, what's the problem with the filling? Is it, is it process within the departments of DHRD? Is it not enough pay? Like what, what can we do for you so you can fill those positions? Is, I think if we cut to the chase.
- Jessica Puff
Person
Well, up to this point it has been process. It's been figuring out the process for creating those positions and reorganizing our office. Right now, with these three archaeologists.
- Jessica Puff
Person
I would say it's a combination. I don't want to point fingers, but I think it's a combination of SHPD doing.
- Jessica Puff
Person
No, I mean it's not that we don't know. It's like it takes time for SHPD to determine where they're going to put their people and how they're going to organize it.
- Jessica Puff
Person
Then, it takes time to take that plan and send it to HR and DLNR to get their approval and for Fiscal to give their approval to make sure we have the money and we're doing this in accordance with the union contract.
- Jessica Puff
Person
Pay is definitely, I think, good because we have had more qualified applicants than we've ever had in this current interview cycle. We've had an abundance of great candidates.
- Troy Hashimoto
Legislator
Okay, so, when do you think you'll top out—you think you can fill all of them?
- Jessica Puff
Person
I'm hoping to get them all filled, if not all filled, but all the positions. posted by next summer. We've gotten into a rhythm now that we've
- Jessica Puff
Person
I think that it's fighting other divisions for HR's time and energy to be able to approve positions.
- Troy Hashimoto
Legislator
...don't we? The Governor people are here, so they should know. Cameron's right there.
- Greggor Ilagan
Legislator
So, hold on, hold on, hold on. Yeah, take a moment. Senator, do you have a final question?
- Troy Hashimoto
Legislator
No, that's, that's good. But, but I think, as I said, it goes back to people. So, if you don't have the people, we need to know what we need to fix to make it happen, right? And so, I think the Legislature has thrown a lot at you, but we need to know what, what can we fix? Right?
- Troy Hashimoto
Legislator
If there's no sense we come into this room and we don't know what we need to tackle. But, but if we don't have the warm bodies in there reviewing, it's, it's going to be really difficult for us as a body here to come up with solutions, right?
- Troy Hashimoto
Legislator
So, I think we got to dig deep to figure out, okay, what are those processes that we got to move so that we can move that summer date to maybe, you know, earlier than that. Right? So, thank you.
- Brian Kung
Person
Yeah. You mentioned a little bit about programmatic agreements. I guess, with respect to the various state and counties out there, do you have a lot of agencies with program PAs with you folks? And has that, the PAs that you do have, are they pretty effective in streamlining the review process?
- Jessica Puff
Person
Yeah. So, up until, I want to say, maybe the last year or two, most of our programmatic agreements have been strictly with federal agencies guiding a program alternative for the Section 106 process.
- Jessica Puff
Person
In the last year or so, we've been focusing our efforts to develop those agreements with the local state agencies or those that have both federal and state processes that they need to follow. DHHL is probably the most successful test balloon so far. We're currently working on one with City and County of Honolulu for a rehabilitation loan program.
- Jessica Puff
Person
And they are just testing the waters with that. We're really looking for long term expanding that PA to cover more project or program areas.
- Jessica Puff
Person
But I think that because it's sort of a horse of a different color for these agencies that creates this program alternative to what's in 6E or what's in 106, that agencies are a little hesitant to go all in at the very beginning because they need to figure out how it's all going to work out.
- Jessica Puff
Person
Yeah. The other ones, like, we have ones with Joint Base Pearl Harbor Hickam. We've had one with them since, I want to say, 2016. For all of Joint Base Pearl Harbor Hickam. We have one with them for the Navy Shipyard. We have PAs for the Hartrail Project that dictate, like, how that is implemented.
- Jessica Puff
Person
And they basically will cover either individual types of projects or it could manage one resource for an agency that will have projects over and over and over again.
- Jessica Puff
Person
Another example is Federal Highways Administration and HDOT have a programmatic agreement for the Interstate Highway System, so they don't have to come to us whenever they want to change a sign or repave a road.
- Brian Kung
Person
All right. So, do you folks contact these various agencies to encourage them to create PAs, or do they have to come to you?
- Jessica Puff
Person
It's been a little bit of both. Some will come to us, but we've been more proactive about going to them and making a suggestion about that.
- Jessica Puff
Person
We do this because if SHPD can narrow down, in addition to staffing, if SHPD can narrow down what projects come to us by essentially pre-consulting on project types, then there's fewer projects that come to us, fewer projects that add to the backlog of work, and the quicker we can get through the stuff that does come to us.
- Unidentified Speaker
Person
Thank you, Jessica. I think you guys have one of the most stressful positions in all of the...
- Christine Camp
Person
I have three parts to the question similar to what you just said about further streamlining, what should come to you? Are there further suggestions that you can make that can say that, you know, although the laws or the rules are a certain way, there are few.
- Christine Camp
Person
Some of the other projects can go a different path so that you don't have to review them. I think we should be really open to that suggestion. The second thing is County of Honolulu has now a Historic Preservation Committee that's making advisory and doing a really good job of trying to define their role.
- Christine Camp
Person
Given that there are counties now that are looking at and starting with Honolulu, are there things that can be delegated to the county so that it doesn't have to go to the state to that respect of less streamline what is coming to the state?
- Christine Camp
Person
And then the last item is that the last Legislature this past Legislature said self certification. And given that your workload and everything, are you doing anything at this time actively to work on the self certification pathways and how long will it take before we can have a program.
- Jessica Puff
Person
Michael's sitting right next here, so I'm sure he feels the pressure because we have this conversation from time to time and we've been working on this, like I said, with Maui County, where with Maui County we have a memorandum of agreement with Maui County and all of the 6,042 projects that normally would come to SHPD for Lahaina recovery in terms of the impact like architectural review, they don't come to SHPD anymore.
- Jessica Puff
Person
They stay within Maui County and the County will only send stuff to us if they if it's a project that's particularly complicated and may have an effect to one of the historic or cultural resources that are are still have integrity within the National Historic Landmark district there or the two local historic districts.
- Jessica Puff
Person
And we're working on a similar agreement for archaeological resources as well, which will mean that their archeology staff and the OEV division will likely vet projects before they come to SHPD to determine which ones will likely have an effect on historical cultural resources and which won't.
- Jessica Puff
Person
It also includes, we've also been talking about, because it isn't finalized, a predetermined archaeological monitoring plan and things like that that any project a proponent can implement instead of having to pay the money or use the time to develop their own when the same monitoring provisions are required.
- Jessica Puff
Person
So it creates a programmatic across many different variables of how projects can be streamlined without coming to SHPD because it's already been predefined. We've been talking to Mike and Liz at the county about doing something similar with city and county.
- Jessica Puff
Person
It requires staffing because it adds a whole nother workload to the county that they have then have to figure out how they're going to support. So though we encourage every county to do this, it does require the county figuring out how it's going to work. So. Yeah.
- Jessica Puff
Person
And then in terms of the self certification, is that question in terms of being a qualified professional and self certifying whether or not their project will have an impact on historic and cultural resources? Is that what the question is?
- Christine Camp
Person
Yeah. So. Excuse me. So the question to further clarify is that the legislation has passed where you're supposed to come up with a program and the rules that governs the self certification for professionals to step in and self certify for some of these historical and archaeological work.
- Christine Camp
Person
So my question is, I guess it's back to the agency to figure out the rules and the curriculum for people to test in.
- Jessica Puff
Person
Exactly. So we do have rules already under 6e for what constitutes different qualified professionals. The self certification process would need to include some component of when it's appropriate for one professional to make a determination of a no effect or inform the process of a project. Because an architectural historian cannot take the place of an archaeologist.
- Jessica Puff
Person
They're two different professions with two different skill sets that can make two different evaluations. So it has to contemplate individual eligibility or individual qualifications as well as how one might team up with somebody else with similar qualifications so that all aspects of a project are covered when they're making that self certification. I guess, if that makes sense.
- Greggor Ilagan
Legislator
Well, thank you. I'm going to have Michael and then allow some flexibility for Rep. Miyake to close us out on questions. Go ahead, Michael.
- Michael Kat
Person
In your experience, do you think agencies or project managers could do a better job of making that initial determination for a project?
- Michael Kat
Person
In my experience, I see a lot of projects get submitted without taking that first step of trying to make a determination and kind of passing that responsibility on to SHPD to figure it out for them instead of hiring a consultant?
- Jessica Puff
Person
Yeah, I would. Yes. Yes. I think that whether it's a federal project or a state project, like whether it triggers 106 or 6e those over 1000 different projects that we request more information on, I would.
- Jessica Puff
Person
I don't have the data in front of me, but I would say the majority of the time is asking for more information from the project proponent. So that, that didn't give us that determination, right? Of whether or not their historic property is there.
- Jessica Puff
Person
Most of those letters are us begging for more information so we can make the determination for them because they should be making the identification, they should be making the determination of effect. And most of these project submittals are, are the permit application, a set of drawings, and that's it.
- Jessica Puff
Person
And that set may not even be the full permit set. It might just be a couple drawings. So then we're going back and forth asking for, can you send us photos of your site, can you send us the full permit set, can you send us the scope of work?
- Jessica Puff
Person
And then we're doing our best to either use Google Earth or some other like GIS platform to kind of scope out what their site looks like to see if we can see anything there that might be historical, cultural resource or indicate that there might be something subsurface.
- Jessica Puff
Person
And then also doing research in house in our own records and using our own GIS data to see, okay, what's in the vicinity. So part of the timeliness of reviews requires that SHPD take on the role and responsibility of project proponents to do their work for them.
- Jessica Puff
Person
Because trying to fight for it wastes more time and is like there's no return on investment in that. It's just easier for us to do it.
- Michael Kat
Person
Yeah, just one more follow up. Is there a way to kind of avoid the duplication of review? Because sometimes you'll have 68 projects go through, get your determination, but then that's not passed on to the counties. And then when a 42 review is going on, then we're creating redundancy by repeating something that was already done.
- Michael Kat
Person
Is there a way to kind of build in so that that information is shared so that we're not duplicating the review and extending the permit?
- Jessica Puff
Person
Yeah. So I think it was, I might get this wrong. I think it was House Bill 830 where this is language that we.
- Jessica Puff
Person
That was passed this last session too, that added language in addition to that that essentially said that if SHPD reviews a project for 68 or 42, that means that the other reviews are essentially covered, that you don't have to come back for us.
- Jessica Puff
Person
So now that requires SHIPD when we go to do that review in our header, to include all the different potential citations or just say HRS 60 and then we're communicating with a project proponent that like if, if they're coming to us under 68, but then they find out later down the line that they need a permit that might trigger 6042, then telling them, hey, take this letter to the county.
- Jessica Puff
Person
And then making sure that we communicate with the counties that if they have a 60 letter, it's covers everything and not just one thing or the other, you know.
- Tyson Miyake
Legislator
Thank you, Chair. Thank you, Jessica. Is Maui County, because you have that MOA, included in this reporting?
- Jessica Puff
Person
Yes. That's everything that we've had that was in either high chris or the letters that we generated from 2024 and 2025.
- Tyson Miyake
Legislator
And how many does Maui County that when they can't complete it, send to SHPD?
- Jessica Puff
Person
I don't know that number off the top of my head. It we don't get very many from them now unless there's ground disturbing activity below the infill, at least for Lahaina, I should say. There was a significant amount of scraping that happened during debris removal and then a significant amount of infill that was brought in.
- Jessica Puff
Person
And one of the factors that Mauai County has told us that they're using, and Jordan can correct me, is at least in our conversations with Kawika and Stanley, was that they're taking into account like how if they're using the existing footings or concrete pads or not, and if they are staying within the previous area of ground disturbance, they're managing a lot of those projects themselves because then it doesn't necessarily trigger an archaeology review.
- Jessica Puff
Person
I'm rambling here, so I don't know that I'm answering your question, but I don't know the number. But it's very limited in terms of Lahaina specifically. But outside of Lahaina, they're still sending other projects to us for review.
- Tyson Miyake
Legislator
Okay. And lastly, where are we with establishing the rules? Like going off of what Christine said about HB 830 or Act 306.
- Jessica Puff
Person
We're currently in the process. One of the positions that we're trying to hire too, because there's a couple different bills that require additional roles and we have our, we have some other rules that we just want to update.
- Jessica Puff
Person
We're trying to hire for a position for a legal fellow or someone to help us write the rules to make that go a little quicker.
- Jessica Puff
Person
So I'm hoping that we'll have drafts of some of the rules regarding the 60 process and then some of the rules regarding the self certification process, if not by the end of this year, early next year, before the board for approval.
- Greggor Ilagan
Legislator
Thank you. All right, that was very good. Thank you so much, Jessica, for your presentation. We are going to move on to our last presentation and that's going to be with the Department of Health, Wastewater Branch. You will have 20 minutes to present, followed by 10 minutes for questions. John, would you like to present where you're sitting?
- Greggor Ilagan
Legislator
Perfect. All right, when looks like our slides are ready. So proceed when you are ready to go.
- Jonathan Nagato
Person
Okay. Good afternoon everyone. I am John Nagato. I'm from the Department of Health, Wastewater Branch. And today we'll be talking about our individual wastewater system application process. Just to mention like in the title, it is an application process. We don't actually issue permits for individual wastewater systems. So there's no renewal on a time period.
- Jonathan Nagato
Person
So going to the first slide. Individual wastewater system consists of an on site treatment system and a disposal component. These approved individual wastewater system, IWS treatment equipment, are listed on our website. But some of them are septic tank, aerobic unit. There's some passive aerobic systems now, bioreactor gardens.
- Jonathan Nagato
Person
And we did list composting toilets and incinerator toilets, but they do not treat all the wastewater in your dwelling or building. You still need to take care of the shower and kitchen waste.
- Jonathan Nagato
Person
Then I'll be going over our website and what we have on our website with links and I'll show you some screenshots to kind of guide you to what the engineers and homeowners will see. So, next slide.
- Jonathan Nagato
Person
So this is our homepage and you'll see like I said at the top, on the right hand side we have some of the two HARs that govern. One is for the board of certified operators. But 1162 are our rules that govern our procedures and regulations concerning all wastewater systems, but particularly today individual wastewater systems.
- Jonathan Nagato
Person
And as you scroll down the page, next slide please. We've grouped our various programs in our branch and we highlighted individual wastewater systems. And you'll go in there, next slide please. And we broke this page up into engineering resources at the top.
- Jonathan Nagato
Person
So you'll see the first link is where engineers will go to submit their individual wastewater system application with the design plans and input all the basic information and then they will pay for the application. New applications are $100. And then below are a copy of PDFs that they can.
- Jonathan Nagato
Person
They can either print to fill out or submit hand copies if they want, hard copies if they want to. Next slide please. And when you scroll down the page, this will be the section for the homeowners. So this will have a basic step by step of how the application process should go from starting to hire an engineer.
- Jonathan Nagato
Person
You can check DCCA's website to verify that the engineer that you're hiring is a licensed civil engineer. We do have a list of those civil engineers that have in the past submitted wastewater plans. Then we kind of explained some of our forms, some of the license types that you should look for when you're hiring a contractor.
- Jonathan Nagato
Person
And again, going to the DCCA website to verify that's a licensed contractor, and then going all the way through to the end of the project with final inspection reports. Next slide, please. So we broke up our application process into four basic scenarios. You will see some variation.
- Jonathan Nagato
Person
You know, each project is very different on what the homeowner is trying to accomplish, but this basically should cover most scenarios. And you'll see an asterisk for existing building renovations. So we just listed some of the major ones. Kitchen, bathroom, window remodels, adding bedrooms. Those things will be considered building renovations that typically require a building permit.
- Jonathan Nagato
Person
Next slide, please. So the first scenario, new building construction, new iws. We have the Department of Health Wastewater Branch processes on the top, and then we have the county processes on the bottom.
- Jonathan Nagato
Person
I apologize if this is oversimplifying the county processes, but because we deal with all the four counties, and we know that every county has a very specific and complex process. But for this topic today, we're just trying to simplify it as far as the interface between Department of Health and the counties.
- Jonathan Nagato
Person
So for this scenario, the initiation of both processes can start independently. Next slide. So, as you can see, the applicant can submit their building permit independently of their civil engineer submitting a design plans to us and a design application. Next slide.
- Jonathan Nagato
Person
And it will go on until, like you'll see at the top, the Department of Health will go through an iterative process with comments and revisions with the civil engineer until they reach approval to construct. That's our first of two approval letters. And then separately, the county will process their building permit application.
- Jonathan Nagato
Person
And I'm not sure if they do an initial review, as everyone explained today. And at some point, they will route that building permit application to other agencies outside of their departments. Next slide. So this is where the two agencies will interface with an approval to construct from the Department of Health Wastewater branch.
- Jonathan Nagato
Person
Our engineers will take those design plans that we approve for construction and will review them against the design plans and the floor plans that we receive through the county building department systems.
- Jonathan Nagato
Person
We get a copy of the plans and what we're trying to look for are discrepancies in either the building type, the location, and any of the specifics that may interfere with the proper installation of the approved wastewater system.
- Jonathan Nagato
Person
So we'll provide comments and depending on, you know, the, the design team, whether it's the engineer, the civil engineer, and the architect amongst themselves, with the property owner, they have to decide what needs to be changed.
- Jonathan Nagato
Person
It could be some things that the wastewater system needs to be changed and then we'll iterate on our end, or maybe there's something from the building side that they may need to change so they can, they can make revisions with their architect on that end. So we leave that up to the project team to decide.
- Jonathan Nagato
Person
But once those two plans are consistent with each other. Next slide. We can move into basically DOH approving the wastewater component of that building permit application, and in a sense, we send it back to the counties for their remainder of their process. So at this point, Next slide.
- Jonathan Nagato
Person
On the wastewater side, the contractor can be hired and they can begin their wastewater system installation independently of the contractor for the building to begin. Sometimes that could be the same contractor, but a lot of times it's not. So there's going to be some coordination that's necessary for the homeowner to navigate between the architect and their engineer.
- Jonathan Nagato
Person
So the next slide, we pointed out this interface of the concrete slab. Pouring the slab or the footings for post interior dwellings is the minimum so that we can take setback measurements for the structure to the wastewater system components.
- Jonathan Nagato
Person
Once that occurs, the civil engineer on the wastewater side can actually take measurements to verify setbacks and can already complete their final inspection report to close out the project on the wastewater end independent of fully completing the building on their end.
- Jonathan Nagato
Person
And like I said, once that's consistent, the engineer submits their plans and we approve it, the individual wastewater system for use. And like I said, that's separate from the county completing their building permit application process. Next slide.
- Jonathan Nagato
Person
So, the next scenario, although we group this together because the processes function the same, there is a distinction between sometimes you could have an existing building renovation and have an existing individual wastewater system that is approved, and you'll see that you might be able to actually move past Department of Health Wastewater Branch without any actual physical work being done.
- Jonathan Nagato
Person
But there are some times when that existing system is not in compliance as of the time of permitting for your building, or you have an existing cesspool that needs to be converted, and then that would require you to upgrade the wastewater system to a septic tank or an aerobic tank or even a sewer connection.
- Jonathan Nagato
Person
So, at this point—next slide, please—the applicant must start with the building permit and the county first. Once that building permit application is started—next slide—the application will run through the county and be sent over to all agencies, and DoH Wastewater Branch being one of them for the wastewater. Next slide, please.
- Jonathan Nagato
Person
At this point, this is where, as I mentioned, the Department will review our existing records to see if an upgrade is necessary. Next slide.
- Jonathan Nagato
Person
So, if it is not necessary, then like the interface normally, where we check the floor plans and the existing wastewater system plans that we have in our records, if they are in agreement, then it will move back, and we'll approve the building permit for it to move on.
- Jonathan Nagato
Person
But if there's a discrepancy that they need to make a change on the wastewater end, or there is no wastewater system that's in compliance with our current rules—next slide, next slide, please—then this will trigger the homeowner to hire a civil engineer, and it'll take you through the process that we went through above, where the Department will review design plans, calculations, and—next slide, please—make any comments that are necessary to bring the wastewater system back into compliance, in compliance with our rules. Next slide, please.
- Jonathan Nagato
Person
And once the engineer has addressed all the wastewater branch's comments, we will issue that first of two letters and approval to construct letter. And this is where I think some people were mentioning about the taking it all the way to installation, because most times with cesspools, we're trying to make sure that the cesspool installation is complete.
- Jonathan Nagato
Person
Some people can get their approval to construct letter, and if we sign off on the building permit at this point, there's no way for us to verify that the, the wastewater system went into the ground, and historically, that has occurred where the homeowner did not install the new wastewater system and they're still using the existing cesspool.
- Jonathan Nagato
Person
So, typically we take the project all the way through Installation, the civil engineer will perform their final inspection, submit final inspection report. We'll review those as built plans and final inspection report. And if there's no discrepancies or issues or comments, the Wastewater Branch will issue approval to use letter.
- Jonathan Nagato
Person
And at that point, they will—they'll, at that point, let the applicant for the building permit resubmit if they, if they haven't already done so, and they will double check the floor plans and the site plans to make sure that they're in compliance with our wastewater plants.
- Jonathan Nagato
Person
If there's no comments or items to be addressed, then again, we'll finalize and approve the wastewater system on the building permit application and then allow the building permit application to continue. Next slide, please. I'm sorry, I wasn't—next slide. And one more. One more. I'm sorry. Okay, next slide, please.
- Jonathan Nagato
Person
So, this last scenario is one of the more simpler processes. This will involve no renovation. This will just involve some applicants wanting to upgrade their cesspools to new IWSs and not do any type of renovation or construction to their existing building. So, next slide, please.
- Jonathan Nagato
Person
And this will just run through our normal process that we went through above review plans, iterate between comments and revisions, issue an approval to construct letter for the individual wastewater system, go through the installation of the wastewater system, civil engineer performs a final inspection, submits as built plans.
- Jonathan Nagato
Person
We review those plans for compliance with our rules, and if no comments are needed, then we will issue a second letter on approval to use the wastewater system. Next slide, please. Oh, can you go one back up?
- Jonathan Nagato
Person
Okay, so this slide is to discuss the variance process that we use through Hawaii Revised Statute 342D-7. The variance process allows the applicant to move their process through our rules. If compliance with our rules, there's, there's no path forward in order to comply with our rules. Sometimes that's setbacks and things like that.
- Jonathan Nagato
Person
So, the main thing that we wanted to bring up, though, is that it's not just asking for an exception from our rule, but they do need to comply with these three criteria, one of them, number one, being that the, the issuance of the variants, which would allow the discharge of waste, would be in the public interest.
- Jonathan Nagato
Person
Number two, being that it does not substantially endanger human health or safety, and compliance with the standards or rules would produce serious hardship without equal or greater benefit to the public. So, variances are not typical.
- Jonathan Nagato
Person
That's not where we usually try to drive the project, but that is an option for specific projects based on the specific criteria of the project that they can't meet our rules.
- Jonathan Nagato
Person
And normally, the best route for processing of variance is having your civil engineer go through a design and submit that design to the Wastewater Branch in order for us to review, because we want to make sure that they have exhausted all other options besides the variance.
- Jonathan Nagato
Person
We have had instances that we accept the variance on the decision of the engineer and come to find out when they got the variance. They went through that whole lengthy process. When they submitted their plans, the engineer did not exhaust all their physical options that were available to them.
- Jonathan Nagato
Person
So, now we try to, we require them to submit the design so that we know and we identify in agreement that that's the only option they have. Next slide please. So, these are just process considerations that we just want to bring up. So, for homeowners, they must hire a licensed professional engineer and a licensed contractor.
- Jonathan Nagato
Person
You know, the more experienced that these professionals have, the faster your design and processing and your construction will go. And not to mention, like everyone knows, just the liability of issues coming up with these types of professionals. You don't want to hire unlicensed professionals and get into an issue there.
- Jonathan Nagato
Person
Complex projects and disagreements with the interpretation of Hawaii administrative rules, Chapter 1162, also causes delays. We, we add in, we provide comments so that the engineer can address, you know, non-compliant items, but sometimes those get hung up.
- Jonathan Nagato
Person
And I'm sure people are going to ask when we get to the questions part about, you know, definition of bedrooms. The dwelling consideration went away last year because of the new legislation that the got rid of the maximum quantity of dwellings. So, things like that, just interpretation and disagreements on those interpretations.
- Jonathan Nagato
Person
And then, lastly, for IWS and the building permit processes, because they're intertwined, our IWS application per rule is invalid if the county does not issue a building permit within one year, if the construction does not begin within one year of approval, or if that county revokes the building permit that is associated with that IWS application.
- Greggor Ilagan
Legislator
Thank you. We're going to move on to questions. We have 10 minutes. Representative Miyake.
- Tyson Miyake
Legislator
Thank you. Thank you, Jon. These are Representative Lee's question. Unfortunately, he had to leave, but he emailed me these questions to ask for him. I understand that these cases are approval site specific, but could standardized design templates or pre-approved system designs help reduce review times for straightforward projects?
- Jonathan Nagato
Person
If that's possible, the only part that's a little difficult and I've had people bring this up, is soil type. Our, our designs are dependent on the soil, so, the septic tank or the treatment unit size slightly differs because of flow, and that's where we talk about bedroom counts.
- Jonathan Nagato
Person
So, that there are actually a few sizes and people usually want to obviously go to the smaller size. So, you know, we're arguing four to five bedrooms, and that could be a big topic to go over back and forth. So, that's one part, and then the second part is the absorption system or the disposal system.
- Jonathan Nagato
Person
So, the horizontal size, the absorption bed, is basically a rectangle of gravel and pipe or chambers, and that can increase and decrease in size depending on the percolation rate of your soil. So, the civil engineer has to go in there, dig a hole, basically pour water in over a period of time and take a measurement.
- Jonathan Nagato
Person
So, with that number, there's a chart in our rules, and that can drastically change the size of that rectangle.
- Jonathan Nagato
Person
So, possibly, if you did like a master plan of a development and they did percolation tests all over there, and the way that they situated their lots, you know, back when they were doing like cookie cutter type lots and things like that, that's always a possibility.
- Jonathan Nagato
Person
Department of Hawaiian Homelands did that decades ago when they were doing some of their, like Waiahuli and Anahola and Lalamilo projects. They basically knew the layouts of the building, the lots, so they did, in a sense, kind of cookie cutter some of their designs, so that's a possibility.
- Jonathan Nagato
Person
But for individual homeowners, kind of like a package home idea, it's a little bit tricky. You would have to get like a good soil study and really rely on that data. So, it's not impossible, but you have to take those into consideration.
- Tyson Miyake
Legislator
Okay, sorry, follow up question for him. Are there legislative opportunities—his is regarding the variances—are there legislative opportunities to refine HAR 1162 or HRS 342D so that variances can be applied more efficiently while protecting the public?
- Jonathan Nagato
Person
I, I guess you're asking if you can change HRS. I, I mean, I, I think you, legislatively you can. I think I wouldn't recommend it. I feel like the HRS for that section is pretty sound. And it's not—doesn't only apply to our branch, it applies to all the branches and departments that use 342D.
- Jonathan Nagato
Person
So, I don't think I would be, you know, our branch would be the only one to comment on that.
- Greggor Ilagan
Legislator
Thank you. We're going to move on to testifier in zoom. Denise. I mean, sorry, not testifier, Task Force Member, Denise.
- Denise Nakanishi
Person
So, I apologize in advance. I had surgery the other day and I'm not particularly as well as I wish I could.
- Denise Nakanishi
Person
I don't know about the other counties, but for us, we, the application is signed by the homeowner, and the homeowner does not realize that they need to call and the engineer for anything because somebody else is, they're paying a contractor and they're paying a plumber and they're, so, they don't understand.
- Denise Nakanishi
Person
So, we have like a rash of these things. Individual wastewater, septic systems, most especially, cesspools are easier to deal with that were never approved for use. I have eight of them on one street. They're now required to go hire a new engineer. The engineer has been fully paid. The original engineer, you can't find him often.
- Denise Nakanishi
Person
The last one I had to pay to have an...bill. Cost the homeowner $8,000 for a system that was working perfectly fine. It had been working perfectly fine for years, but they were given a final on their building.
- Denise Nakanishi
Person
I'm told that now with Epic, they, they can't get the final from the building division without the approval for use.
- Denise Nakanishi
Person
But I guess my question is, is there some kind of variance that we could, that could be a process that could be used to, so that we don't have to do this digging up these systems that are working perfectly fine? Have they working perfectly fine? Expose the layers.
- Denise Nakanishi
Person
You're talking going down six or eight feet for the four corners of the system, for these older systems especially, and I am hoping that the new—and I don't know if the other counties have this problem, but I can tell you we have it.
- Denise Nakanishi
Person
It's a huge problem for us that nobody even knows about until they get ready to sell their house.
- Greggor Ilagan
Legislator
Did you get that, Jon? I think she's asking if there's a variance process to not do a wastewater system. I'm sorry, could you restate your question?
- Denise Nakanishi
Person
Okay. Again. On these existing older systems where an engineer has been fully paid, they did not final the system. They did not get the approval for use. The systems have been in place. Some of the one I had, just was dealing with was from 1997.
- Jonathan Nagato
Person
You're, you're, if they're not—so, the, the non-compliant, we, we try to make sure that even when we do on the, either on the planning and design section or on the, our construction operation, which is our enforcement section, we make sure that when we go out for violations that we're sticking to HAR and HRS.
- Jonathan Nagato
Person
We can't issue violations and go after homeowners because of actions that are not in our rules, although that might be a bad professional practice to start a project and not finish the project for whatever reasons that the engineer and/or contractor decide to leave a project or not continue.
- Jonathan Nagato
Person
I don't want to push off on another agency, but we don't govern their licenses and how they act and complaints on that. We, we try to make sure that if something is occurring, because actually, we don't go after engineers, we go after the homeowners because it's the homeowner's responsibility and their right to choose their contractor.
- Jonathan Nagato
Person
We do not tell them who they can hire. We try to provide them all the information that is available so that they can make an educated decision, but we do not want to get involved with their financial decisions or who they choose to hire. So, I don't know if that answers the question.
- Greggor Ilagan
Legislator
Thank you. All right, Denise, we're going to move on to the next Task Force member. Representative and then Cameron and then Christine.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thank you, Chair. Jon, thanks for being here. Jon, can you help me clarify, please? You mentioned holding a county application until—for assessable upgrades due to alterations and additions because you're unsure right, if they're going to—the owner—will actually upgrade. Is this a Department of Health rule? Like, is this your interpretation?
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Okay, so then I'll walk into—on your slide, you mentioned process considerations. You know, the IWS and building permit processes are often intertwined. IWS approval to construction is invalidated if a county does not issue a building permit within one year of DoH's IWS approval.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
But aren't the permits held up until you actually give the approval for a construction permit?
- Jonathan Nagato
Person
Yeah, but it doesn't take—they can do the individual wastewater system construction without a building permit. I know the Building Departments are here, but we've been told by the Building Department staff and management that they can't—they don't pull a building permit application when they're doing nothing to the building.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Oh, this is separate and apart from new construction? So, we have an older home on a cesspool system. They're not doing anything. They're going to add in a bedroom. Right? Your guys' rules, tips, the scales. That's your, your hook, right, to say you guys got to go from cesspool to an individual wastewater system?
- Susan Lokelani Keohokapu-Lee Loy
Legislator
But I'm back to the question of we won't issue a construction permit for the additional bedroom.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
So, I'm back to—you invalidate an IWS permit within one year or the construction of an IWS has not begun within one year of approval.
- Jonathan Nagato
Person
So, when we issue the approval to construct, they have one year to initiate the building permit. And in that time, they have, in that one year, we're asking them to do their, their individual wastewater system. Once they, once they complete their individual wastewater system, even if they, they take 11 months, we'll issue the approval to construct letter.
- Jonathan Nagato
Person
We'll sign off on the building permit. The building permit will be issued. Once the building permit application is approved to construct, they're, they're, we don't, there's no time limit after that. I mean it's done already.
- Jonathan Nagato
Person
The, the building permit application timeline of one year is because a lot of building permits, like I think a lot of the counties are saying people are processing building permits, using them for whatever type of vetting, financial whatever, and they don't do anything to their house.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
We're going to have a deeper conversation with that. Thanks.
- Cameron Deptula
Person
Thanks, Chair. Thanks, Jon, for going through that great presentation. I think top of mind for a lot of folks is going to be the cesspool to septic conversion. That's certainly a big issue for our office.
- Cameron Deptula
Person
But just taking a step back, I know you listed some of the other kind of IWS kind of types that one could apply, so, what percentage of the branch's workflow relate to IWS is related to septic in particular and then these other kind of options that folks have? Just so we understand kind of what your workflows are.
- Jonathan Nagato
Person
I can get the precise numbers later. I don't have that off the top of my head. But just for big picture discussion, most people start with a septic tank. I mean obviously it's because it's the cheapest, it is the lowest level of treatment. It's primary treatment. It's basically just sitting there and letting things float or settle.
- Jonathan Nagato
Person
And we're trying to take the clear stuff. Most people don't move into the aerobic treatment unless they have to and those aerobic treatment is because of their proximity or location from, say, a portable public source of water, the shoreline, or groundwater.
- Jonathan Nagato
Person
So, just off the top of my head, I would bet the aerobic units are much smaller percentage wise because like I said, people don't want to go there. They're usually more expensive. So, I can give you guys a breakdown of those numbers and submit.
- Christine Camp
Person
Thank you, Chair. So, my question is related to the variance process. So, I understand from projects you limit to 40 maximum IWS before a package plant is required. And so, is that an arbitrary number or is it scientific? What you know, what requires, what makes it 40 with all the technology changes that we're seeing now, right?
- Christine Camp
Person
And then, the second question I have is the one year where you revoke a permit once they have approval. And so, what is that based on? And why would somebody go through all the planning and engineering to get it approved only to get it revoked because they couldn't get other kinds of permits within a year?
- Jonathan Nagato
Person
So, your first question, the...it's actually 50 lots, and that's lots that are less than one acre. So, if you have 50 one-acre lots, then that doesn't apply. It's for lots smaller than an acre. And the 50.
- Jonathan Nagato
Person
The rationale when they, they did the original rules to the various iterations, I am in the process of looking for the rationale. We're in the process of trying to change our rules, make some revisions, but we have yet to identify, you know, and not everything was digital when they were making.
- Jonathan Nagato
Person
Yeah, I mean the basis, from an engineering standpoint, is the density. You know, so whether you have raw wastewater to primary to secondary and all the way to tertiary, the density of how much total flow and the concentration of those pollutants is the determining factor. And I think that 50—and like you said, there was probably some type of study group.
- Jonathan Nagato
Person
We have some old manuals that the Federal Government put out as far as recommendations on how to design individual on site systems all the way up to treatment plants. But yeah, that's why we drive everything towards treatment plants.
- Jonathan Nagato
Person
I think if you look at the preamble is just trying to drive on site systems to go to regional or private treatment. But yeah, we don't, I don't have that scientific number. You have to do like a study of your site taken to soil conditions. And because these are all non-point source systems, it's difficult.
- Jonathan Nagato
Person
It's not like one pipe going into the ocean and you can pull a sample and even that is a complex sampling process. But this is going into the soil and then running models on where that, you know, basically that drop of water with that type of concentration of pollutants, where is it going and what is it polluting?
- Jonathan Nagato
Person
And that's what the cesspool study did. So, I don't have that at my disposal at the moment. And the second question, I'm sorry?
- Jonathan Nagato
Person
The one year, again, I don't have the rationale for why they chose 1 versus 2. I just know that they, they, we don't, because we're not a permit, it doesn't expire.
- Jonathan Nagato
Person
So, the approvals live forever if they don't have an end date. Permits, usually in HRS, have a 5-year maximum time limit. So, if somebody doesn't do anything in five years, then the permit just dies or disappears or just terminates itself. So, I know they had to put a timeline.
- Jonathan Nagato
Person
So, it might just been an arbitrary one year. I don't think they plan on not doing it. But you'd be surprised that a lot of people, like we ran numbers, we have numbers of applications for building permits, and I think it was about like a 40% that they just, they didn't finish.
- Christine Camp
Person
But if they have archaeological issues or if they have financing issues or they have tariff cost issues, it could in essence take more than a year, two years. Could be five years. So, just wondering if there could be an extension.
- Jonathan Nagato
Person
I mean, from my experience with staff and previous management, you know, when the engineer keeps us informed of what's happening, we haven't been completely heartless. If we have to extend the approval, we've been able to extend the approval and then kind of basically reset it with justification of why.
- Jonathan Nagato
Person
But if the engineer, the homeowner, completely just doesn't tell us anything and then in month 13 or month 23 they come back and say, hey, by the way, I want to do it, it's a little bit more difficult for us because they weren't being proactive about their project. So, we can't project manage them.
- Greggor Ilagan
Legislator
Thank you. Well, members, our final agenda item is the establishment of the three Permitted Interaction Groups or PIGs.
- Greggor Ilagan
Legislator
It's 2 PM, past our time, but I ask for your patience as we finish this last item and we only scratch the surface here. The PIGs is going to be where we really take a shovel and start digging into these challenges.
- Greggor Ilagan
Legislator
So, public testimony is now open for our last item and at this moment, we're going to go to Zoom. It looks like Angela is ready. Angela, could you provide us your testimony?
- Angela Young
Person
Aloha, Angela Melody Young from CARES. So, the PIG for the building permit process, connecting main industries and understanding each other's problems and barriers and providing solutions, that's a great focus. So, getting advice from organizations in the unsheltered homeless population, Kupuna senior networks, affordable housing sectors, getting feedback from agents, Board of Realtors, real estate companies, I think it's going to be a really good plan.
- Angela Young
Person
And I was at the pickleball court for Avalon and Council Member, Tyler, Managing Director's discussion about Bill 51 for the creation of a business improvement district. And then, we asked about including Chinatown. The council said no to the proposal.
- Angela Young
Person
But it's still a good idea to get people together to talk about a plan. So, you know, chapter 6E, a PIG to refocus on the positive aspects of SHPD would be good. Refocusing on listing more historic properties can help the Hawaiians be happy. Hawaii Theater is trying to become a historic property.
- Angela Young
Person
And also, for the IWS permits, it'd be interesting for a PIG to happen to learn about DoH and county processes, specifically for people that I serve in the farming industry. Like, what's the process like to understand basic infrastructure needs to provide for agriculture parcels? Because my mom does properties management and sales for ag parcels.
- Angela Young
Person
For example, practically speaking, right, how do you expect the public to keep up with local ordinances when land use ordinances are updated in the county every two years?
- Angela Young
Person
Yeah. So, getting farmers' ag industry to set a table to support, for example, nutrition and fresh veggies in Hawaii is a great idea to support the agriculture industry and to understand water infrastructure needs for farms. And so, in closing, I'm very happy this work group is getting going.
- Angela Young
Person
Congratulations to everyone, especially Rep. Ilagan, who's been working very hard. And I'm going to stop here. I can't wait for the new projects and the new building improvements to really reflect the level of understanding and aloha in the development processes and to build for Hawaii and all that we stand for. Thank you.
- Greggor Ilagan
Legislator
Thank you, Angela. Is there any others who wish to testify in Zoom?
- Unidentified Speaker
Person
Oh, thank you so much. First of all, I just want to thank you, Chair Ilagan, and the SPEED Task Force members. We are so excited about this proactive and holistic approach that you're looking at for best practices from across the state.
- Unidentified Speaker
Person
And it's important to have systems where residents can better understand the process and know where we are in the process and how to make informed decisions. So, we're thrilled by all of that. I love the data that came forward today as we started to compare from county to county, right. What are they looking at?
- Unidentified Speaker
Person
How are their goals? Understanding that in many cases, a lot of the submissions aren't correct and at various levels and over various periods. So, I think we're at a point with the electronic age that we can track these things and create more metrics. I'm starting to create a chart just from the data I heard today.
- Unidentified Speaker
Person
Looking at again, right, how many permits they're processing and how much is in queue and how long is the permit good for, and all of those things are fabulous. We did share, and I had it submitted for you, we did two affordable housing summits in 2017 and 2019 to identify the barriers.
- Unidentified Speaker
Person
And really, we were so thrilled with the focus that you have today on here, in this first session, because this is the crux of what we always look at as challenges that we need to address.
- Unidentified Speaker
Person
So, looking at more efficient processes and you know, it's streamlining permitting to decrease processing time, utilizing third party planners and permitting. With staff shortages, create a faster process for entitlement, remove redundant requirements between the county and state, increase acreage amounts for the State Land Use Commission, complete comprehensive zoning, and consider streamlining the SHPD process and are bringing in third party reviewers to help.
- Unidentified Speaker
Person
So, we're just—I'm just blown away with what happened today. There's so much great information. We want to be a resource, so please feel free to call on us at any time at the Maui Chamber of Commerce. It's our top priority with economic health and diversity. So, we're here to serve.
- Unidentified Speaker
Person
And I think you've got a great SPEED Committee and Task Force and I'm excited to watch the process and the work and just wanted to say mahalo and offer those suggestions.
- Greggor Ilagan
Legislator
Thank you, Pamela. All right, is there any others in Zoom wishing to testify? With no others in Zoom, we are going to go back to our physical space. Is there anyone here present wishing to testify? Greg, please proceed to the podium.
- Unidentified Speaker
Person
Aloha, again. Thank you for an opportunity just to speak again and thank you to Representative Ilagan for putting this together.
- Unidentified Speaker
Person
This is the largest group of panelists that I've seen in a meeting that I participated within Hawaii, and I hold a lot of programs and things for KOA Council, but I'm also present at a lot of different meetings. So, thank you so much for this.
- Unidentified Speaker
Person
I would like to extend an offer to want to help this Task Force and I'm not sure about specifically on the building permit PIG. I'm not sure if I would be allowed to be a member of the PIG. That's an OIP question, I think.
- Unidentified Speaker
Person
But I'm wondering if you could potentially create a working group where I can—I and maybe others can participate. My background is extensive in process management, but specifically, in Hawaii, as a condominium owner in a commercial building, working—trying to work with DPP for quite a while. There's been many issues that I'm aware of.
- Unidentified Speaker
Person
We've got many pitfalls and many things that need to be addressed. And I'll say one last thing so I can move on. And I know this is a brief amount of time we can speak, but what I heard today was there's four counties, different systems, again, an engineering background and system oriented, also. Different systems.
- Unidentified Speaker
Person
And why aren't we having one integrated electronic system for all the counties? Why are we all doing different things? There's so many things. I just wanted to throw that out. And then, inspection, inspection, inspection. Nobody spoke about inspections today in a detail.
- Unidentified Speaker
Person
So, you give the permit, but without the inspections, we don't have public safety for our buildings, and that's a concern I have at my building. So, I leave you with that and I hope that I can offer some inputs in the future. Thank you.
- Greggor Ilagan
Legislator
Thank you, Greg. Just for clarification for the public, the PIGs are going to be exclusively Task Force members, however, I am going to encourage the PIG, especially the chairs, to reach out to the public, like Greg, who spoke recently with his testimony. So, thank you everyone. Is there any others in the space wishing to testify?
- Greggor Ilagan
Legislator
With no others, we are going to close the testimony section and move on to our last item. So, thank you for your patience, everyone. The Task Force will establish three PIGs to focus on building permits, Chapter 60, historic preservation reviews, and individual wastewater system permits.
- Greggor Ilagan
Legislator
In the board packet, you will find a document titled Part 3 Sunshine Quick Review from the Office of Information Practices. Please review this to guide your work as a PIG member. Each PIG will be responsible for investigating and developing recommendations along with a SWOT analysis of each recommendation. SWOT stands for Strengths, Weaknesses, Opportunities, and Threats.
- Greggor Ilagan
Legislator
These recommendations will be presented at our second meeting and we hope to plan that second meeting in the first week of January of 2026. This gives time to work out those recommendations. Task Force members, before we establish these PIGs, do you have any questions for the general process? Okay.
- Greggor Ilagan
Legislator
We are going to move on to our first PIG creation, Building Permit PIG. I would like to ask Representative Keohokapu-Lee Loy to chair the Building Permit PIG. Representative, do you accept?
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Yeah, Chair. Yeah. It would be my absolute honor.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Just to help level set the squad. A little bit about me, I actually spent 25 years in in urban planning, preparing, and processing environmental assessments, conservation district use applications, SMA, land use change of zone, going before the Land Use Commission, DLNR. I really cut my teeth there.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
My prior life to being here at the State House, I actually served eight years on the Hawaii County Council and with the help of the Building Division, along with our Managing Director, completely altered our construction code process where we took it from a three permit process into a single permit process, which laid the foundation for our online permitting review, which we call Epic.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
And as a member of the council, also front loaded a lot of resources. We really made a commitment to getting them the equipment that they needed, trying to staff them up, and have been on the front end of a lot of lessons that we learned, having gone first with that process, along with serving my time on the State Building Code Council with Mr. Wig.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
Thank you, Chair. I think I'd be a great fit to help guide that conversation.
- Susan Lokelani Keohokapu-Lee Loy
Legislator
And if I understand correctly, the scope of the PIG is to investigate and provide an analysis and a long list of recommendations that we can later filter.
- Greggor Ilagan
Legislator
Thank you. You're definitely the right fit. I want to also state that I would like to include the directors and deputies from the four counties' planning and permitting departments. So, we have Ms. Escolina, who have verbally said to me that she wants to be involved. Deputy Spilman, Director Molina, and Director Apuna, as well as Senator Hashimoto.
- Greggor Ilagan
Legislator
Since he's not here, we should just put him in. And Mr. Ogawa from DBEDT. So, does anyone who I've listed wish to decline? Aaron.
- Unidentified Speaker
Person
Sorry. I was hoping that I could sit in on the SHPD PIG Would I be allowed to do that?
- Greggor Ilagan
Legislator
I can change that. And it looks like maybe Neal is going to go into the Building Permit PIG.
- Unidentified Speaker
Person
Yes, Chair. I would be honored to serve on the Building Permit PIG.
- Greggor Ilagan
Legislator
Perfect. Is there any others who have any changes to the members I just listed?
- Jordan Molina
Person
Okay. Yeah, thank you. Just a question about representatives on my behalf serving. I think I have subject matter experts that might be more appropriately tasked to be on the PIG on my behalf.
- Jordan Molina
Person
Yeah. So, our—my first one would be Lance Nakamura. He's our Assistant Administrator for DSA. And his backup would be Kristen Shimada, who's our Chief Plant Examiner.
- Greggor Ilagan
Legislator
Got it. And Director, I have Lance Nakamura and Christy Shimada to sit on the Building Permit PIG. Correct?
- Greggor Ilagan
Legislator
Kristen. Perfect. Thank you. Neal, did you have to say one more thing?
- Neal Tanaka
Person
Yes, Chair, I just wanted to clarification. Are we able to sit on multiple PIGs?
- Neal Tanaka
Person
Okay, to that end, I would like to add Aaron back on to the building. All right, so it'll be both Aaron and I.
- Greggor Ilagan
Legislator
Okay. Is there any others? Okay, I just want to state that we are now going to open it up for all the Task Force members on this Building Permit PIG. I will also include myself in this PIG. So, does anyone here wish to be in the Building Permit PIG? Okay, let's start to my left.
- Greggor Ilagan
Legislator
Okay, Carl, did you get that? Make sure Carl gets it. Okay, go ahead.
- Greggor Ilagan
Legislator
The reason why we're going slow here is because we have to make sure when once you establish it, the members are set. So, did you get Brian? Okay, who's next?
- Jennifer Salisbury
Person
Jennifer Salisbury, and I'd like to be on all three. I've got to depart for a flight, but I'd like to be on all three PIGs. Okay, thanks, Chair.
- Cameron Deptula
Person
And then Cameron Deptula, Office of the Governor, for all three. And then just want to also mention that we have two other folks in the office probably who will be helping out, so that's Ian Withyberry and then Chico Figueiredo.
- Greggor Ilagan
Legislator
Okay, Ian, and what's the last one? Chico. Okay. All right, who's next?
- Greggor Ilagan
Legislator
You're welcome. Do you know the organizations? Do me a favor, Howard. Do you have a microphone?
- Christine Camp
Person
I feel like I should be on all three being a developer. Thank you.
- Greggor Ilagan
Legislator
All right, Anand from the PUC. Okay, let's go with Monica and then we'll go with Jessica. Okay.
- Greggor Ilagan
Legislator
Monica for the family business, representing the family businesses. Jessica.
- Cameron Deptula
Person
Sorry. From the Office of the Governor, just also adding a Tammy Whitney too.
- Greggor Ilagan
Legislator
Tammy Whitney. All right. Jordan Odo. And that's an individual, just himself. Yep, that's him. He goes by Anon, but his real name is—it doesn't matter. It's just one, because all the—yep. Okay. Is that everyone?
- Greggor Ilagan
Legislator
I am just going to take a recess to just make sure that we are not breaking more than a quorum for the PIG. If it is more than a quorum, I am going to kick some of the members out to make sure that we are official and we are set with the PIG.
- Greggor Ilagan
Legislator
We are back from recess to just make sure that we have less than a quorum for our pigs, and at this moment, we have 19.
- Greggor Ilagan
Legislator
So what I'm going to do is actually bumped one of the individual homeowner, and what I would love to have you do is maybe go on to the other pigs, and that way we can spread you out. So which of you would prefer to be on the building permit?
- Greggor Ilagan
Legislator
Okay, perfect. Brian, you will be it. So at this moment, we have enough. So I'm not going to ask, but I will state who is in the PIG. Just so everyone know, there are 34 Members in this task force. Those Members are currently on our website and on our agenda.
- Greggor Ilagan
Legislator
And you may notice that there's more than 34 of us. There are designees, there are staff in each different organizations, and I'm not counting everyone's staff as a Member just because of the fact that the House of Representatives has 51 reps, and if everyone is involved, we would have more than 51 Members.
- Greggor Ilagan
Legislator
So we have one Member for each organization, and that's how we are conducting our quorum, and that's how we are conducting this. These task force Members. So at the moment, you can count down with me just to make sure I have 18. And just so everyone knows, over 18, which is 19, is more than. More than quorum.
- Greggor Ilagan
Legislator
It's 16 minus one. Okay, well, we got to kick more people, so let's go with two more. Does anyone want to volunteer to not be in the pig? Okay. I think you need to be there. Yeah. You're one of those individuals who can't. Yeah. You have permanent residency in this pig. Is there any others?
- Tyson Miyake
Legislator
You know, Howard and I work in the energy office together, so I think it'd be okay if I.
- Greggor Ilagan
Legislator
Okay. So would it be the energy office or the State Building Code Council?
- Greggor Ilagan
Legislator
Got it. So we will take away the. The energy office. We have. We need one more. Any volunteers? I will then just select one that will not participate. Yes.
- Unidentified Speaker
Person
So if there's 34, Max and quorum is one over half, then you subtract one.
- Greggor Ilagan
Legislator
17. So we're good. Yeah. Okay. I was off by one. So we have 17, and we are going to. We meet that amount. So I'm going to list them out just to make sure we do have 17. All right. In the building permit pig, we have the State House. We have the State Senate, which is 2.
- Greggor Ilagan
Legislator
We have the office of the Governor, which is 3. We have DBEDT is 4. We have the Public Utilities Commission, which is 5. We have the Small Business Regulatory Review Board, which is six. Seven is State Historic Preservation Division. State Building Code Council is 8. Planning Department, Kauai County is 9.
- Greggor Ilagan
Legislator
10 is Department of Public Works in Hawaii County. 11 is Public Works, Maui County. 12 is Department of Planning permitting on Honolulu city and county. 13 is Maui County Council. 14 is Brian as the individual homeowner. 15 is Monica as the family business. 16 is Morgan with AIA as the residential developer.
- Unidentified Speaker
Person
We have seven. Oh, go ahead. When you mentioned debt, is HCDA?
- Unidentified Speaker
Person
Respectfully, I think we should, because we are implied in all over the state, big projects and permitting. And actually, we have some things to share about how to. To function.
- Greggor Ilagan
Legislator
Of course. Martin, is there anyone here from the names that I just said wants to step down from their position? If not, Brian, I apologize. I'm going to take you off and I'm going to replace you with HCDA. Thank you. Yep. I myself will be the individual and new homeowner.
- Greggor Ilagan
Legislator
I still don't have my home, so it's as a millennial, that is a fantasy of mine to have my own home. All right, so we have 17 Members in the PIG, and I have stated all of them. And at this moment, the building PIG is now established.
- Greggor Ilagan
Legislator
We're going to move on to our next PIG, the Chapter 6E PIG. I would like to ask Representative Miyake to Chair the Chapter 6E PIG. Representative, do you accept?
- Tyson Miyake
Legislator
Sure. Thank you for your trust in me. My previous life prior to being a Legislator, I did work as Chief of Staff to Mayor Victorino. So I do have some county experience. I do know the 6E process has some challenges, especially around housing projects, but I really, I worked very collaboratively with Administrator Puff.
- Tyson Miyake
Legislator
So I really want to commend you for the great work that you're doing. And last session, we. We worked together on what's now called Act 306. And I'd be happy to keep building on that, and I look forward to working alongside her and any other task Members that Task force Members that want to help tackle these challenges.
- Greggor Ilagan
Legislator
I would like to also invite Administrator Puff, which she accepted. And it looks like everyone I've mentioned, they Already voiced out. They're going to be in the PIG. So at this moment, I do want to include myself. Now, how to best do this? Let's just start off to my left.
- Greggor Ilagan
Legislator
Who would like to be in the SHPD Chapter 6E PIG? Okay, we have Hawaii Community Development Authority. Who's next? Cameron. We have the Office of the Governor, the residential developer with AIA. Seiji with DBEDT. Cameron Black with Hawaii State Energy Office. Michael with. I think it's Honolulu City and county. And then of course, Jessica Puff with SHPD.
- Greggor Ilagan
Legislator
Evan, Anyone on this side? Okay. Maui County Council Councilwoman Yukile. Christine, Commercial developer. Yeah. Jennifer Salisbury with Small Business Regulatory Review Board.
- Unidentified Speaker
Person
Chair. I think we have some stakeholders online. I'm not sure if you've pulled them yet.
- Greggor Ilagan
Legislator
Okay. SHPD team. Jordan 11, Maui County. It looks like Erin from Hawaii County.
- Greggor Ilagan
Legislator
Now, I also want to include the State House. So we are at 13 state house and now State Senate, which is 14. Anyone else? Okay, we have 14 Members currently for the Chapter 6E PIG. Did Carl, did you get the same? Okay. Yes, yes.
- Greggor Ilagan
Legislator
Why don't we just take a recess while we make sure the count is correct? Recess. We are back from our short recess and the count is accurate. We do have 14. I just want to ask one final time before we establish this. Okay, it looks like we are set at 14.
- Greggor Ilagan
Legislator
And at this moment the Chapter 6E PIG has 14 Members and is now established. We are going to move on to the IWS Permit PIG. And Representative Lee did voice out his acceptance to be the Chair for the IWS Permit PIG. He had an important meeting to go to.
- Greggor Ilagan
Legislator
Unfortunately, he could not be present at this moment, but he will be chairing this PIG. I would also like to ask John Nagato from DOH to be part of this PIG. So starting off, I will want to state that the State House is going to be one. We have Department of Health which is going to be two.
- Greggor Ilagan
Legislator
And Seiji from DBEDT is going to be three. We have Mark Clemente from the Hawaii Regional Council of Carpenters did voice out. He wanted it to be part of the IWS Permit PIG. So that's going to be four. And then Cameron from the Governor's office is going to be five. Any Members starting from my right? Okay.
- Greggor Ilagan
Legislator
Sorry, Christine. With commercial developers going to be six. We have Councilwoman Yuki as seven with Maui County, Jordan eight as the individual. Anyone Else. Okay, hold on. Give me a second. Jordan is eight. We have. We have Monica as nine for the family business and Jennifer from Small Business regulatory board as 10.
- Greggor Ilagan
Legislator
Jessica Puff from SHPD is 11. Any others? All right, we have 11 Members here for the IWS permit PIG.
- Greggor Ilagan
Legislator
Oh, thank you. That's why I took a moment. Thanks. We have Denise, which is the family business. So 12. Neil, you're actually. Daryl, you're next. Daryl with residential developer as 13. Neil as the Hawaii County 14. And that's the same with Aaron. Is there anyone else from Zoom? Okay, no one else from Zoom.
- Greggor Ilagan
Legislator
Any last call for the physical space? All right, well, we have 14 Members for the IWS permit pig Members. I just want to state that I really appreciate your engagement and participation. I didn't realize how large these pigs were going to be and I notice that you are all very engaged in wanting to be part of it.
- Greggor Ilagan
Legislator
So thank you for that. I just want to state that the IWS permit pig is now established with the 14 Members. I'm pretty confident on that number are. But you know what? Just to ask a question, double. Yeah, yeah, of course. I'm actually, let's. Let's go with your question first.
- Unidentified Speaker
Person
I know you said that you're counting each organization as one. We don't have to name any.
- Greggor Ilagan
Legislator
We. We will clarify those Members later. But at least we know what the Members are. Yeah, and we'll post it publicly online so everyone will know exactly who the Members are. I'm just going to take one last recess just to verify the 14 Members and then we can establish this PIG. Recess. Thank you, everyone.
- Greggor Ilagan
Legislator
We are back from recess. The count is correct. We do have 14. And at this moment, the IWS PIG is now established. We look forward to the reports from these PIGS and they will present to us the next task force meeting in January 2026. Once the reports are given, the PIGS will be officially dissolved.
- Greggor Ilagan
Legislator
If you have a recommendation on how to simplify permitting and you're not in the PIG, or you are from the public, on our website, there's a form, the recommendation form. It's anonymous. You don't need to put your name in, but you could submit that form and complete it.
- Greggor Ilagan
Legislator
An email to stfapital.hawaii.gov your recommendation will be forwarded to the relevant pig for review and consideration. So anyone from the public can do that. And depending on how the PIGs will be conducted, they can have public meetings as well. So any further questions from the task force Members regarding these PIGs.
- Neal Tanaka
Person
Just for the record, I'd like to state or have you state what the scope of each PIG is again, of course.
- Greggor Ilagan
Legislator
So the scope for the pigs will be looking at. So starting off with the building permit PIG, their goal is going to be reviewing recommendations for the building permit process. And once they're complete with their recommendations, each recommendation will have a SWOT analysis. The SWOT analysis will have a strength, weakness, opportunities and threats.
- Greggor Ilagan
Legislator
So once the building permit PIG is completed, they will report back to this task force a list of recommendations along with their SWOT analysis. The second PIG is the Chapter 6E PIG that will do the same, however, not with the building permit, but with historic review with the Chapter 6E, with the historic preservation compliance.
- Greggor Ilagan
Legislator
The third PIG with the IWS will also do the same with creating a long list of recommendations in the SWA analysis. But they're not going to look at the building permit or the 6E. But they will look at the IWS process and make a list of recommendations for that process. Does that go ahead, Neil?
- Neal Tanaka
Person
Yes, thank you, Chair. I appreciate that. I think just for clarification, clearly these three permit processes, they overlap, right? And they are related to building permits. So if the recommendation is to or if there is a recommendation to one of the permit process that affects the other, would that be a violation of the scope of the PIG?
- Greggor Ilagan
Legislator
Yes, we want to maintain the integrity of each of the PIGS. So the scope should be limited for their building permit process in Chapter six and as well as the IWS. Is there any other questions?
- Unidentified Speaker
Person
Yes, Chair, go ahead. One more question. I think the IWS is very clear that it's rather narrow when you look at the ship process. Also very narrow. But when you talk about the building permit, it's a holistic approach because you can't get the permit unless you have these issues address.
- Unidentified Speaker
Person
So I can't imagine how you could not discuss the ship process. Are you saying that we shouldn't or you know, like wastewater, that type of issue?
- Greggor Ilagan
Legislator
Of course we can have these conversations, but the recommendations that's going to be presented is solely focused on the building permit. And we can state that the building permit, maybe some of the cause of delay could be an agency and you can identify that agency. But to make a recommendation on that agency is outside the scope.
- Greggor Ilagan
Legislator
It's going to be focused strictly on the PIG focus, which is the building permit, the 6E as well as the IWS.
- Greggor Ilagan
Legislator
Is there any others wishing to ask the question? Well, thank you. Members for your patience, and I want to say thank you for your time and participation into the Speed Task Force. This meeting is now adjourned.
Bill Not Specified at this Time Code
Next bill discussion: September 16, 2025
Previous bill discussion: September 11, 2025
Speakers
State Agency Representative