STAND. COM. REP. NO. 3298
Honolulu, Hawaii
RE: H.B. No. 2089
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committee on Government Operations, to which was referred H.B. No. 2089, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE STATE BUILDING CODE,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the State Building Code Council to adopt, amend, or update the International Building Code and International Residential Code within two years of every other official publication of the applicable code, rather than every publication; and
(2) Specify that if a county does not adopt the
Hawaii State Building Codes within two years, then the Hawaii State Building
Codes become the applicable interim county building codes until superseded by
the adoption of an amended version of the Hawaii State Building Codes.
Your Committee
received testimony in support of this measure from Holomua Collaborative, NAIOP
Hawaii, Grassroot Institute of Hawaii, National Association of Home Builders,
aio, Hawaii Gas, Hawaiian Host Group, Hawaiʻi
Community Foundation, Mana Up, Title Guaranty Hawaii, HPM Building Supply, and
three individuals.
Your Committee
received testimony in opposition to this measure from the Subcontractors
Association of Hawaii; Sierra Club of Hawaiʻi;
International Code Council; American Institute of Architects, Hawaii State
Council; E Ola Kakou Hawaiʻi; Hawaii Chapter of 350.org; Sheet
Metal Contractors Association Hawaii; Sheet Metal & Air Condition National
Association, Hawaii Chapter; Kupuna for the Moʻopuna; and
twenty individuals.
Your Committee received
comments on this measure from the Hawaiʻi State
Energy Office, Blue Planet, Building Industry Association of Hawaii, and Hawaiʻi Energy.
Your Committee finds
that under the existing law, the Hawaii State Building Code Council (Council)
must adopt, amend, or update certain widely recognized nationally published
codes or standards identified under section 107-25, Hawaii Revised Statutes,
within two years of any official publication date of a code or standard. Your Committee recognizes that the State
continues to experience a housing shortage and that the State's strategic
adoption of updated building codes and standards as provided in this measure
will facilitate the construction of housing in the State while providing
sufficient time for the Council, along with industry stakeholders, to
adequately review the new codes or standards, assess potential changes and
financial impacts to homeowners and builders, and adapt certain codes or
standards to Hawaii's unique island environment.
Your Committee acknowledges
the concerns raised in testimony that the Federal Emergency Management Agency uses
timely code adoption as a criterion in its funding for disaster mitigation,
resilience, and recovery projects and that noncompliance with national building
codes could jeopardize opportunities for the State to receive federal funding. Your Committee further recognizes that the
duty for the State Building Code Council to adopt building codes and standards is
suspended when an emergency proclamation is in effect. Your Committee notes that a prolonged
emergency proclamation may have a chilling effect on the timely adoption,
amendment, and update on future State Building Codes. Your Committee further notes that a recent
news report stated that the Maui County Department of Planning currently
operates at a twenty-five percent vacancy rate and that there still may not be
sufficient dedicated and trained staff available to adequately review, assess,
and adapt building codes as provided in this measure. Your Committee respectfully requests that these
concerns be considered as this measure moves forward in the legislative process.
Accordingly, your
Committee has amended this measure by:
(1) Inserting an effective date of July 1, 2491, to encourage further discussion; and
(2) Making a technical, nonsubstantive amendment
for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2089, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2089, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Government Operations,
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________________________________ ANGUS L.K. MCKELVEY, Chair |
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