STAND. COM. REP. NO. 2898

Honolulu, Hawaii

RE:    H.B. No. 2553

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 2553, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Disability and Communication Access Board to charge fees for review, similar to other fees that are charged for permits, as part of the design and construction process.  

     Your Committee received testimony in support of this measure from the Department of Accounting and General Services, Disability and Communication Access Board, Policy Advisory Board for Elder Affairs, Next Design, and three individuals.  Your Committee received testimony in opposition to this measure from the Department of Design and Construction, City and County of Honolulu; Alan Shintani, Inc.; and the Building Industry Association of Hawaii.

     Your Committee finds that the fee schedule established by this measure is excessively high.  The intent of the Disability and Communication Access Board is not to generate a profit, but rather to cover the expenses of the Facility Access Unit.

     Your Committee has amended this measure accordingly by:

     (1)  Changing the review fee to four-tenths of one percent for the first $500,000 of the estimated construction cost plus two-tenths of one percent of the estimated construction costs greater than $500,000 up to and including $2,000,000 plus two one-hundredths of one percent of the estimated construction costs over $2,000,000;

     (2)  Deleting the language that set a maximum review fee of $20,000 for plans and specifications subject to accessibility requirements under section 103-50, Hawaii Revised Statutes;

     (3)  Amending the definition of "infrastructure" to specify that projects with significant work to accessible elements and spaces, not necessarily publicly accessible elements and spaces, shall not constitute infrastructure projects;

     (4)  Changing the effective date to January 1, 2013, and deleting the repeal date; and

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

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2553, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2553, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOSH GREEN, M.D., Chair