RELATING TO STATE CONSTRUCTION PROJECTS.

HB971

HOUSE OF REPRESENTATIVES

H.B. NO.

971

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to State construction projects
.

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

PART I

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SECTION 1.
�

The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

state
architect

����
� -1
�
Definitions.
�
As used in this chapter:

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

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

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� -2
�
State architect; office established; appointment,
tenure, removal; requirements; salary.
�
(a)
�
There is established within the department of
accounting and general services the office of the state architect, which shall
be headed by a full-time state architect to organize,
manage,
and oversee the design review of all state construction projects and

issue
design approvals before any state construction project commences.
�
The state architect shall be appointed by the
governor as provided in section 26-34.
�

The state architect shall report to the comptroller.

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(b)
�
No person shall be eligible for the position
of state architect who has not held,
for at least five years immediately
preceding the date of appointment, a valid license under chapter 464.

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(c)
�
The state architect shall not engage in the
private practice of professional architecture or act in a managing capacity in
any private business or enterprise.

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(d)
�
The salary of the state architect shall be
established by the governor.

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� -3
�
Duties and responsibilities.
�
The
state architect shall have general charge and oversight of the design review of
all state construction projects.
�
The
state architect shall:

����
(1)
�
Review
all plans, drawings, specifications, and any other documents necessary for
state construction projects;

����
(2)
�
Ensure
conformance with all building codes or county, national, or international
prescriptive construction

standards, including construction, electrical,
energy conservation, plumbing, and sidewalk standards, as applicable;

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(3)
�
Issue
design approvals for all state construction projects before construction
commences; and

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(4)
�
Assign
an inspector to each state construction project for the purpose of observing
the work of construction.

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� -4
�
Assistance and staff.

�
The state architect may employ or contract
with qualified architects and engineers as necessary, without regard to chapter
76, to carry out the duties and responsibilities established by this chapter.

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� -5
�
Costs for services; fees.
�
The cost of all design review services
performed by the office of the state architect for a state agency shall be
determined by the state architect.
�
In
addition, the state architect may set, charge, and collect reasonable fees,
without regard to chapter 91, in an amount sufficient to defray the cost of
processing design approvals.
�
All
payments shall be deposited with the state architect to the credit of the
design review special fund established under section -6.

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� -6
�
Design review special fund.
�

(a)
�
There is established in the
treasury of the State the design review special fund to be administered and
expended by the state architect for the purposes of this chapter.

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(b)
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The following shall be deposited into the
design review special fund:

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(1)
�
Payments
for services provided to state agencies pursuant to this chapter and rules
adopted pursuant to this chapter;

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(2)
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Appropriations
made by the legislature to the special fund; and

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(3)
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Interest
earned or accrued on moneys in the special fund.

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(c)
�
Moneys on balance in the design review
special

fund at the close of each fiscal year
shall remain in the special fund and shall not lapse to the credit of the
general fund.

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� -7
�
Administrative rules.
�
No
later than December 31, 2026, the comptroller, in consultation with the state
architect, shall adopt rules pursuant to chapter 91 to effectuate the purposes
of this chapter.

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� -8
�
Annual report.
�
The state architect shall
prepare and submit an annual report to the governor and
legislature no later than twenty days prior to the convening of each regular
session
.
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The report shall include:

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(1)
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A
summary describing the activities of the office of the state architect,
including but not limited to a list and description of each state construction
project that received a design approval during the preceding fiscal year; and

����
(2)
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A
financial report on the status of the design review special fund."

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SECTION
2
.
�
Section 26-6, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"
(b)
�
The department shall:

����
(1)
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Preaudit and conduct
after-the-fact audits of the financial accounts of all state departments to
determine the legality of expenditures and the accuracy of accounts;

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(2)
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Report to the governor and
to each regular session of the legislature as to the finances of each
department of the State;

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(3)
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Administer the state risk
management program;

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(4)
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Establish and manage motor
pools;

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(5)
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Manage the preservation and
disposal of all records of the State;

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(6)
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Undertake the program of
centralized engineering and office leasing services, including operation and
maintenance and lease buyback processing pursuant to subsection (d) of public
buildings, for departments of the State;

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(7)
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Undertake the functions of
the state surveyor;

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(8)
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Establish accounting and
internal control systems;

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(9)
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Have the discretion to
employ persons within the comptroller's office who shall be exempt from
chapters 76 and 89 in support of communications, change management, and
business process improvement programs as part of the State's information
technology modernization efforts; provided that the persons shall be members of
the state employees' retirement system and shall be eligible to receive the
benefits of any state employee benefit program generally applicable to officers
and employees of the State;

���
(10)
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Provide
centralized computer information management and processing services through the
chief information officer;

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(11)
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Establish
a program to provide a means for public access to public information and
develop an information network for state government;

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(12)
�
Assume
administrative responsibility for the office of information practices; [
and
]

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(13)
�
Approve
state fleet acquisitions; provided that:

���������
(A)
�
Beginning January 1, 2022, all new
light-duty motor vehicles that are passenger cars purchased for the State's
fleet shall be zero-emission vehicles;

���������
(B)
�
Beginning as soon as practicable but no
later than January 1, 2030, all new light-duty motor vehicles that are
multipurpose passenger vehicles and trucks for the State's fleet shall be
zero-emission vehicles; and

���������
(C)
�
The comptroller may authorize an
exemption for new fleet vehicle purchases if zero-emission vehicles are
demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the
vehicles' planned purpose, or if funds are unavailable[
.
]
; and

���
(14)
�
Provide
exclusive centralized design review services for state construction projects
and issue design approvals through the state architect.

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For
the purposes of this subsection:

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"Light-duty
motor vehicle" has the same meaning as defined in title 10 Code of Federal
Regulations part 490.

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"Multipurpose
passenger vehicle" has the same meaning as defined in title 49 Code of
Federal Regulations section 571.3.

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"Passenger
car" has the same meaning as defined in title 49 Code of Federal
Regulations section 571.3.

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"Truck"
has the same meaning as defined in title 49 Code of Federal Regulations section
571.3.

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"Zero-emission
vehicle" has the same meaning as specified in title 40 Code of Federal
Regulations section 88.1."

PART II

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SECTION 3.
�

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; state construction projects.
�
(a)
�
Notwithstanding any other law to the
contrary, state construction 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, as determined by the State
architect pursuant to chapter .

����
(b)
�
Nothing in this section shall relieve any state
construction 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 construction 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 construction project.

����
(c)
�
As used in this section:

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

����
"State
construction 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.

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

PART III

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SECTION
4
.
�
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
to
be deposited into the design review special fund.

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SECTION
5
.
�
There is appropriated out of the design
review special fund 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 one full-time equivalent (1.0 FTE) state architect
position pursuant to this Act and full-time
equivalent ( FTE) positions within the office of
the state architect, for the administration and implementation of this Act, and
other associated administrative costs.

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The
sums appropriated shall be expended by the department of accounting and general
services for the purposes of this Act.

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SECTION
6
.
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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
7
.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Governor;
DAGS; Office of the State Architect; State Architect; State Construction
Projects; Design Approvals; Design Review Special Fund; County Building Permit,
Inspection, and Certificate of Occupancy Requirements; Exemptions; Report; Appropriations

Description:

Establishes
the Office of the State Architect within the Department of Accounting and
General Services to be headed by the State Architect.
�
Authorizes the State Architect to organize, manage,
and oversee the design review of all state construction projects and issue
design approvals.
�
Establishes the Design
Review Special Fund.
�
Requires the State Architect
to submit a report to the Governor and Legislature.
�
Authorizes DAGS to provide centralized design
review services for state construction projects and issue design approvals
through the State Architect.
�
Exempts
state construction projects from county building permit, inspection, and
certificate of occupancy requirements, subject to certain conditions.
�
Makes appropriations.

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not legislation or evidence of legislative intent.