HB487.DOC

SECTION 1. Hawaii law requires that all plans and specifications for the construction of public buildings, facilities, and sites be prepared so that the buildings, facilities, and sites are accessible to and usable by persons with disabilities. Section 103-50, Hawaii Revised Statutes, requires that public buildings, facilities, and sites conform to the Americans with Disabilities Act Accessibility Guidelines and the Federal Fair Housing Amendments Act of 1988, which establish the design standard for accessibility to persons with disabilities.

The legislature established a mechanism for the review of all plans and specifications for state and county buildings, facilities, and sites, or buildings, facilities, and sites funded with state or county funds by the disability and communication access board to ensure that design and construction efforts would be corrected prior to the construction of the building, facility, or site. The disability and communication access board reviews an average of nine hundred to one thousand plans each year. The review process has been heretofore offered to the architectural and design community at no charge.

The legislature finds that compliance with the statutory design requirements to ensure accessibility is not consistent, nor uniformly understood in the architectural, engineering, and design community. The legislature further finds that the review process by the disability and communication access board is a valuable service that should be continued. The review process ensures appropriate access to people with disabilities by uncovering design flaws that are corrected prior to construction, which prevents costly litigation and retrofits.

The legislature believes that the fees allowed to be charged under this Act by the disability and communication access board should be incorporated into the capitalization costs of the projects. A reasonable fee schedule would generate revenues sufficient to pay for the salaries of the staff conducting the reviews. The fees provide a mechanism to defray a portion or all of the costs of the review process, which would continue to be funded through appropriation from the disability and communication access board special fund accessible building design special account after June 30, 2012.

The purpose of this Act is to require the disability and communication access board to charge a fee for the review of public design and construction plans, similar to other fees that are charged for permits, and establish an accessible building design special account within the disability and communication access board special fund, into which fees collected shall be deposited and from which funds will be expended to conduct plan reviews.

SECTION 2. Chapter 348F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§348F- Accessible building design special account. (a) The board shall establish an accessible building design special account within the disability and communication access board special fund, into which shall be deposited:

(1) Fees collected by the disability and communication access board pursuant to section 103-50; and

(2) Interest derived from moneys in the account.

(b) Moneys in the accessible building design special account shall be used to pay the board's costs in administering the review requirements of section 103-50."

SECTION 3. Section 103-50, Hawaii Revised Statutes, is amended to read as follows:

"§103-50 Building design to consider needs of persons with disabilities. (a) Notwithstanding any other law to the contrary, all plans and specifications for the construction of public buildings, facilities, and sites shall be prepared so that the buildings, facilities, and sites are accessible to and usable by persons with disabilities. The buildings, facilities, and sites shall conform to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, and the requirements of the Federal Fair Housing Amendments Act of 1988, as established in Title 24 Code of Federal Regulations Part 100, Subpart D, as adopted and amended by the disability and communication access board under chapter 348F.

(b) All state and county agencies subject to this section shall seek advice and recommendations from the disability and communication access board on any construction plans prior to commencing with construction.

(c) The disability and communication access board shall adopt rules pursuant to chapter 91 for the design of buildings, facilities, and sites, by or on behalf of the State and counties to effectuate the purposes of this section, except that the board, without regard to chapter 91, instead, may adopt federal amendments to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191.

(d) The disability and communication access board may approve a site specific alternate design when an alternate design provides equal or greater access.

(e) The disability and communication access board shall charge a fee for services rendered by the board in performing its duties under this section; provided that the board shall establish a fee schedule that includes reasonable tiered fees based upon estimated construction costs, pursuant to rules adopted under chapter 91.

The disability and communication access board shall report to the legislature annually regarding the reviews conducted under this section, including but not limited to a summary of the number and types of plans reviewed and the fees collected from each state or county department or agency.

[~~(e)~~] (f) For the purposes of this section, "public buildings, facilities, and sites" means buildings, facilities, and sites that:

(1) Are designed, constructed, purchased, or leased with the use of any state or county funds or federal funds administered by the State or a county;

(2) House state or county programs, services, or activities that are intended to be accessed by the general public; or

(3) Are constructed on state or county lands or lands that will be transferred to the State or a county."

SECTION 4. For purposes of sections 2 and 3 of this Act and until the disability and communication access board adopts rules pursuant to chapter 91, Hawaii Revised Statutes, to supersede the fees specified in this section, the fees shall be based on estimated construction costs as follows:

Construction costs Fees

(1) No application $ 50

(2) Less than $100,000 $ 200

(3) $100,000 to $500,000 $ 500

(4) $500,001 to $1,000,000 $1,000

(5) $1,000,001 to $2,500,000 $2,000

(6) $2,500,001 to $5,000,000 $3,000

(7) $5,000,001 to $10,000,000 $4,000

(8) More than $10,000,000 $5,000 and $1,000 more for each additional $10,000,000 or portion thereof.

In addition, there shall be a $3,000 maximum plan review fee, charged at the discretion of the disability and communication access board, for public rights-of-way projects and projects managed by private non-profit entities.

SECTION 5. After June 30, 2012, all costs associated with the review of plans and specifications by the disability and communication access board pursuant to section 103-50 shall be funded through appropriations from the accessible building design special account established by this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2012, upon adopting of administrative rules pursuant to chapter 348F; provided that section 4 shall be effective upon approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	487
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII