SB1418.DOC

SECTION 1. Chapter 464, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§464- Building Permits; limited liability. (a) Notwithstanding any provision to the contrary, in the case of a building permit issued for a project involving alterations or new construction that is required under any state or county law or ordinance, or rule to have its plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, landscape architect, or surveyor, no public entity or public employee shall be liable to any person for injury or damage resulting from a permitted project if the plans or specifications of the project were prepared and properly stamped and signed by the required professional, except where the injury or damage was caused by the gross negligence of the public entity or public employee in issuing the permit."

SECTION 2. Section 201-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) State agencies are required, and county agencies are authorized and encouraged, to participate in the facilitated application process set forth herein[.], except in the case of applications for building permits, state and county agencies are required to participate in the facilitated application process set forth herein.

(b) The department shall serve as the lead agency for the facilitated application procedure and shall be the lead agency to administer the facilitated application procedure for any project that requires both county permit applications and state agency approval.

(1) An applicant for two or more federal, state, or county permits may apply in writing to the department requesting a facilitated application process for the consideration of the application. The written request shall include sufficient data about the proposed project for the department to determine which other agencies or authorities may have jurisdiction;

(2) Upon receiving a written request for the facilitated application process, the department shall notify all federal, state, and county agencies or authorities that the department determines may have jurisdiction over part or all of the proposed project, and require those state agencies or authorities and invite those county and federal agencies or authorities to participate in the facilitated application process; except in the case of a request for the facilitated application process for a building permit, the department shall require those state and county agencies or authorities, and invite those federal agencies or authorities, to participate in the facilitated application process;

(3) The applicant and each agency or authority required or agreeing to participate in the facilitated application process shall designate a representative to serve on the facilitated application review team;

(4) Any state agency or authority designated by the department as a party to an application review that is not able to participate, shall submit an explanation, in writing, to the department as to the reasons and circumstances for noncompliance;

(5) The representatives of the agencies, authorities, and the applicant [~~may~~] shall develop and sign a joint agreement among themselves identifying the members of the facilitated application review team, specifying the regulatory and review responsibilities of each government agency and setting forth the responsibilities of the applicant, and establishing a timetable for regulatory review, the conduct of necessary hearings, preparation of an environmental impact statement if necessary, and other actions required to minimize duplication and coordinate the activities of the applicant, agencies, and authorities[;], except in the case of applications for building permits, representatives of state and county agencies, authorities, and the applicant shall develop and sign a joint agreement among themselves identifying the members of the facilitated application review team, specifying the regulatory and review responsibilities of each government agency and setting forth the responsibilities of the applicant, and establishing a timetable for regulatory review, the conduct of necessary hearings, preparation of an environmental impact statement if necessary, and other actions required to minimize duplication and coordinate the activities of the applicant, agencies, and authorities;

(6) In the case of a facilitated application process requested for a building permit, the representatives of the state and county agencies or authorities shall hold all hearings for the facilitated application process jointly and shall invite those federal agencies or authorities to participate in such hearings.

[~~(6)~~] (7) Each agency or authority shall issue its own permit or approval based upon its own jurisdiction. The facilitated application process shall not affect or invalidate the jurisdiction or authority of any agency under existing law; and

[~~(7)~~] (8) The applicant shall apply directly to each federal [~~or county~~] agency that does not participate in the facilitated application process.

(d) If a state regulatory permit is necessary to obtain a county permit, then a county agreeing to participate in the facilitated application process [~~may~~] shall advise the applicant of the facilitated application procedure. To apply for the facilitated application procedure, applicants for county permits involving state permit approvals shall submit a form, which shall be issued by the department; provided that this procedure shall apply only to state permits that need to be approved by a state agency following a review of the plans and certifications submitted by the applicant. State permits that are approved by rule require only that the licensed design professional certify that the plans and specifications are in compliance with state rules. No review by a state agency is required for state approval. Plans and specifications requiring state agency review shall be submitted with the facilitated application procedure to the appropriate state agency, with a copy to the department. If a state permit is approved by rule, then the participating county shall provide a set of drawings and specifications submitted by the applicant to the state agency that developed the rules.

In developing the procedures for approval by rule and by review, permit requirements shall be clearly stated. Performance standards, rather than specific technologies or procedures, shall be specified when appropriate."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1418
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII