Charles Jury (Government Affairs)
Hawaii State Legislature operates with a biennial legislative session, the first year of which starts on odd-numbered years. This means that in this upcoming 2024 legislative session, convening on the third Wednesday in January, the legislature could pass a bill that was introduced in the previous 2023 session. HWEA attempts to identify bills that may be of interest to our membership. Provided is a list of bills that were introduced in the 2023 session. Some have passed and become law while others may resurface in the upcoming 2024 session.
PASSED INTO LAW –
Hawaii State Legislature HB1079, HD2, SD2, CD1 – Relating to Water Pollution Control
Revises chapter 342D, Hawai‘i Revised Statutes, to add definitions that are consistent with Federal Clean Water Act regulations. Clarifies the Director of Health’s role as a certifying agency, including enforcement of water quality certifications, and increases certain statutory civil penalties. Added definitions include “navigable waters”, “territorial seas”, “water quality certification”, and “water quality standards”. This bill was passed into law as Act 233.
PASSED INTO LAW –
Hawaii State Legislature HB1101, HD1, SD1, CD1 – Relating to Stormwater Fees
Introduced in the 2023 legislative session, this bill establishes a fee cap amount for county stormwater user fees that may be charged against or collected from the Department of Transportation of $1,500,000 in aggregate per year. Prohibits any county from denying services to the Department of Transportation because of nonpayment of user fees. This bill was passed into law as Act 234.
PASSED INTO LAW –
Hawaii State Legislature HB1184, HD1, SD1, CD1 – Relating to Procurement
Introduced in the 2023 legislative session, this bill modifies HRS § 103D-304. As we know, 103D-304 relates to the procurement of professional services and outlines qualification-based selection (QBS). QBS law requires that at least three qualified persons respond to a solicitation, otherwise, re-solicitation is required. This bill was introduced to address situations where less than three persons respond. This bill was passed into law as Act 188.
PASSED INTO LAW –
Hawaii State Legislature HB217, HD1, SD2, CD1 – Relating to Home Renovations
Introduced in the 2023 legislative session, this bill updates the cost valuations of work on certain residences for the work to qualify for an exemption from the requirement that plans and specifications for construction projects be prepared by a licensed engineer or architect and clarifies work that is not exempt from these requirements. This bill was passed into law as Act 177.
ONE TO WATCH –
City & County of Honolulu City Council Bill 6 (2023), CD 1 – Relating to Professional Self-Certification
The purpose of this bill is to help alleviate the backlog of building permit applications and reviews by giving the building official the authority to allow other outside means of building permit application review for compliance with pertinent codes.
The original bill would have allowed an application to be reviewed by a qualified third-party reviewer or professional authorized to self-certify that the plans, specifications, computations, and other data are correct, accurate, and in compliance with applicable laws and passed its first reading.
The Committee on Zoning prepared a CD1 version of the bill that clarified that the purpose of the bill is to establish a temporary self-certification program to expedite the review and processing of certain building permit applications. CD1 further clarified the self-certification program and also clarified that a self-certified professional is a professional licensed under HRS Chapter 464 and that the ordinance will be repealed four years after its effective date. Bill 6, CD1 passed its second reading. If the bill passes a third reading, it will be presented to the mayor for a signature and if the note vetoed by the mayor, it will become an ordinance.