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Bill

Bill

SCR 69

REQUESTING THE STATE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE HAWAII STATE BUILDING CODE COUNCIL.

2026 Regular Session Introduced by Troy Hashimoto

The audit will determine if Hawaii should keep, reorganize, or shift building code adoption duties from the state Building Code Council to counties or new governance structures.

Received from House (Hse. Com. No. 850).
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Bill Summary · SCR 69

Summary of SCR 69 (2026) – Hawaii

Purpose of the Bill

  • SCR 69 requests the Hawaii State Auditor to conduct a comprehensive performance audit of the Hawaii State Building Code Council (HSBCC).
  • The audit aims to evaluate whether the Council’s structure, authority, and operations continue to serve the public interest, especially in light of prolonged inactivity since September 15, 2023, and broader housing/regulatory efficiency concerns.

Background and Context

  • The HSBCC was established to adopt and maintain a statewide building code to promote public safety, uniform construction standards, and consistent county regulations.
  • In practice, the Council’s mandate to harmonize codes across counties has instead contributed to perceived inconsistency and unpredictability among jurisdictions.
  • The Council is responsible for reviewing and adopting updated editions of national model codes (e.g., International Building Code, International Residential Code) to keep Hawaii’s construction standards current.
  • The three-year cycle for updating codes is criticized as too frequent, potentially causing implementation challenges and disruption for stakeholders and the construction industry.
  • The Governor’s September 15, 2023 emergency proclamation related to affordable housing suspended certain provisions of law governing the Council to accelerate housing development.
  • Since that proclamation, the Council has been effectively inactive, creating an opportunity to re-evaluate its necessity, effectiveness, and role relative to counties and other agencies.

Key Provisions and Areas of Audit Focus

The audit must focus on, at minimum, the following areas:

  1. The statutory purpose, duties, and authorities of the Hawaii State Building Code Council.
  2. The efficiency and practicality of the three-year code adoption cycle.
  3. The Council’s impact on regulatory consistency among the counties.
  4. The Council’s historical performance in adopting and updating statewide building codes.
  5. The effects of statewide code adoption on:
    • Construction costs
    • Permitting timelines
    • Housing production in Hawaii
  6. The current makeup of the Council (membership and representation).
  7. Whether the Council has provided measurable benefits to:
    • Public safety
    • Regulatory consistency
    • Efficiency in the construction industry
  8. The implications of the Council’s inactivity since September 15, 2023, including any impact on adoption and implementation of building codes during that period.

Additional scope to be included in the audit:

  1. Data collection on whether counties generate sufficient revenue from permitting and related fees to fund the Council’s operations (fully or partially).
  2. Examination of the historical hesitancy to fund an executive director position for the Council.
  3. Assessment of whether counties (as primary administrators/enforcers of building codes) should be the primary drivers and funders of the Council.
  4. Exploration of potential alternative governance structures for building code adoption in Hawaii, including modifications, restructuring, or repeal of the Council.
  5. Evaluation of a model in which counties manage, fund, and drive the code adoption process instead of the State.

Stakeholders to Consult

  • Department of Accounting and General Services
  • Governor’s Housing Team
  • Planning Departments of:
    • County of Hawaii
    • County of Maui
    • County of Kauai
    • City and County of Honolulu
  • Members of the construction industry
  • Other relevant stakeholders

Deliverables and Timeline

  • The State Auditor is to prepare a report detailing findings and recommendations, including any proposed legislation.
  • The report must be submitted to the Legislature no later than 20 days prior to the convening of the Regular Session of 2027.
  • Copies of the resolution and related materials are to be transmitted to specified state and county planning/administrative offices.

Procedural and Legislative Context

  • The resolution is a Senate Concurrent Resolution (SCR) in the 2026 Hawaii Legislature.
  • Co-sponsor: Senator Troy Hashimoto.
  • The measure follows previous committee actions, including referral to appropriate committees and public hearings, with a focus on accountability and potential governance reform.

Potential Impact and Implications

  • The audit could illuminate whether maintaining the state-level Building Code Council is the most efficient and effective approach for Hawaii’s regulatory framework.
  • Depending on findings, recommendations may support reforms such as reconstituting the Council, shifting more authority/funding to counties, changing the adoption cycle, or pursuing repeal or restructuring.
  • Results could influence future legislation governing building code adoption, funding mechanisms, and intergovernmental responsibilities related to codes and permitting.

If you’d like, I can add a concise one-page briefing with bullet-point takeaways or a side-by-side comparison of current vs. proposed governance models based on typical audit outcomes.

Compiled from official sources — confirm details with the bill’s official record.

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