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HB1405
HOUSE OF REPRESENTATIVES
H.B. NO.
1405
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to permits
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that certain
land or water use activities or construction projects may require permits
issued by agencies and authorities through the facilitated application process,
which is overseen by the department of business, economic development, and
tourism.
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The
legislature further finds that the facilitated application process can be
cumbersome and subject applicants to lengthy waiting periods.
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The legislature additionally finds that a
backlog in applications can lead to delays in housing, industrial, and
commercial projects, stifling economic development in the State.
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Accordingly,
the purpose of this Act is to
establish specific
deadlines within the facilitated application process and require the department
of business, economic development, and tourism to establish certain resources
and processes to help streamline permit applications.
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SECTION
2
.
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Section 201-62, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
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"(c)
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The procedure shall be as follows:
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(1)
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An applicant for two or more state permits may
apply in writing to the department requesting a facilitated application process
for the consideration of the application.
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The written request shall include sufficient data about the proposed
project for the department to determine which other agencies or authorities may
have jurisdiction;
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(2)
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[
Upon receiving
]
Within ten days of
approving
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;
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(3)
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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;
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(4)
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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;
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(5)
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The representatives of the agencies,
authorities, and the applicant may 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;
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(6)
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[
Each
]
Within ten days of receiving
notification from the department, each
agency or authority shall
submit
an estimated timeline for permit issuance or approval and
issue its own
permit or approval based upon
this timeline and
its own jurisdiction[
.
]
;
provided that the department may adjust this deadline based on the complexity
of the project.
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The facilitated
application process shall not affect or invalidate the jurisdiction or
authority of any agency under existing law; and
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(7)
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The applicant shall apply directly to each
federal or county agency that does not participate in the facilitated
application process."
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SECTION
3
.
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Section 201-64, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]
�201-64[
]
]
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Streamlining activities.
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(a)
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The department may:
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(1)
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Monitor permits on an ongoing basis to
determine the source of inefficiencies, delays, and duplications and the status
of permits in progress;
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(2)
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Pursue the implementation of streamlining
measures including, but not necessarily limited to, those measures defined in
consultation with affected state agencies, county central coordinating
agencies, and members of the public; and
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(3)
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Design applications, checklists, and other
forms essential to the implementation of approved streamlining measures in
coordination with involved state and county regulatory agencies, and members of
the public.
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(b)
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The department shall establish:
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(1)
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A single digital portal that allows
applicants and agencies to upload applications, permits, and relevant documents
and track the status of applications in real time;
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(2)
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A fast-track process to expedite approval
of low-impact projects;
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(3)
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A permit by rule process that allows applications
for low-impact projects to be reviewed by a licensed design professional; and
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(4)
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Criteria to classify low-impact projects;
provided that the criteria shall consider environmental and community impacts.
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(c)
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For the purposes of this section
"licensed design professional" means a professional engineer,
architect, surveyor, or landscape architect licensed under chapter 464.
"
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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for the
establishment of two full-time equivalent (2.0 FTE) positions within the department
of businesses, economic development, and tourism to establish the digital
portal and other processes required by section 3 of this Act.
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The sums
appropriated shall be expended by the
department of business, economic development, and tourism for the purposes of
this Act.
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SECTION 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Permits;
Facilitated Application Process; DBEDT; Positions; Appropriation
Description:
Establishes
specific deadlines within the facilitated application process and requires the
Department of Business, Economic Development, and Tourism to establish certain
resources and processes to help streamline permit applications.
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Establishes and appropriates funds for
positions within the Department of Business, Economic Development, and Tourism.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.