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HB761 • 2026

RELATING TO COUNTY PERMITTING AND INSPECTION.

RELATING TO COUNTY PERMITTING AND INSPECTION.

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Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
KILA, EVSLIN, LAMOSAO, MARTEN, MORIKAWA, OLDS, TODD
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The original statement about state projects being exempt from needing county building permits if they follow applicable codes was broadened to include all requirements such as inspection and certificate of occupancy.

Rules for County Permitting and Inspection

This bill exempts state projects from county building permit, inspection, and certificate of occupancy requirements under certain conditions.

What This Bill Does

  • Exempts state projects from needing county building permits if they comply with applicable codes or standards.
  • Requires counties to accept the dedication of state projects exempt from the county permitting process.
  • Prohibits state agencies responsible for exempt state projects from applying for county building permits.

Who It Names or Affects

  • State agencies
  • Counties in Hawaii

Terms To Know

Building Permit
An authorization required and issued by a county to perform specified work governed by the county's building, construction, electrical, energy conservation, plumbing, or sidewalk codes.
State Agency
Any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the State.

Limits and Unknowns

  • The bill does not specify what happens to rights and duties that matured before its effective date.
  • It is unclear how this will affect existing projects or those already in progress when the law takes effect.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-31 H

    The committee(s) on HSG recommend(s) that the measure be deferred.

  3. 2025-01-28 H

    Bill scheduled to be heard by HSG on Friday, 01-31-25 9:15AM in House conference room 430 VIA VIDEOCONFERENCE.

  4. 2025-01-21 H

    Referred to HSG, JHA, FIN, referral sheet 2

  5. 2025-01-21 H

    Introduced and Pass First Reading.

  6. 2025-01-17 H

    Pending introduction.

Official Summary Text

RELATING TO COUNTY PERMITTING AND INSPECTION.
County Building Permit, Inspection, and Certificate of Occupancy Requirements; Exemption; Prohibition; State Projects
Exempts state projects from county building permit, inspection, and certificate of occupancy requirements under certain conditions. Requires counties to accept the dedication of state projects exempt from the county permitting process. Prohibits state agencies responsible for state projects exempt from county building permit, inspection, and certificate of occupancy requirements from applying for county building permits. Defines building permit, state agency, state lands, and state project.

Current Bill Text

Read the full stored bill text
HB761

HOUSE OF REPRESENTATIVES

H.B. NO.

761

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to County permitting and inspection
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 46, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�46-
�
County building permit, inspection, and
certificate of occupancy requirements; exemption; prohibition; state projects.
�
(a)
�
Notwithstanding any other law to the
contrary, state projects shall be exempt from county building permit,
inspection, and certificate of occupancy requirements when compliant with
applicable building codes or county, national, or international prescriptive
construction standards, including
construction, electrical,
energy conservation, plumbing, and sidewalk standards, as
applicable.

����
(b)
�
Each
state agency responsible for a state project exempt from county building
permit, inspection, and certificate of occupancy requirements pursuant to
subsection (a) shall not apply for a county building permit.

����
(c)
�

Each county shall accept the dedication of state projects
exempt from county building permit,
inspection, and certificate of occupancy requirements pursuant to subsection
(a).

����
(d)
�
Nothing in this section shall relieve any state
project from the laws, ordinances, rules, and regulations of the State and
county or any departments or boards thereof with respect to the construction,
operation, and maintenance of the state project, compliance with master plans
or zoning laws or regulations, compliance with building and health codes and
other laws, ordinances, or rules and regulations of similar nature applicable
to the state project.

����
(e)
�
As used in this section:

����
"
B
uilding permit" means an
authorization required and issued by a county to perform within the
jurisdiction of the county, specified work governed by the county's building,
construction, electrical, energy conservation, plumbing, or sidewalk codes, as
applicable.

����
"State
agency" means any office, department, board, commission, bureau, division,
public corporation, agency, or instrumentality of the State.

����
"State
lands" means all land owned by the State through any state agency.

����
"State
project" means any undertaking of work or improvement of state lands or
any interest therein, developed, acquired, constructed, reconstructed,
rehabilitated, improved, altered, or repaired by a state agency.
"

����
SECTION
2.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION 3.
�

New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

County
Building Permit, Inspection, and Certificate of Occupancy Requirements;
Exemption; Prohibition; State Projects

Description:

Exempts
state projects from county building permit, inspection, and certificate of
occupancy requirements under certain conditions.
�
Requires counties to accept the dedication of
state projects exempt from the county permitting process.
�
Prohibits state agencies responsible for
state projects exempt from county building permit, inspection, and certificate
of occupancy requirements from applying for county building permits.
�
Defines building permit, state agency, state
lands, and state project.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.