reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-12.5 State beach park lifeguard services.

§46-12.5 State beach park lifeguard services.
Each county may provide lifeguard services for any state beach park where the number of swimmers using the beach may warrant a lifeguard, or where water hazards at the beach present a threat to public safety; provided that the county and the department of land and natural resources shall first mutually agree that those services are necessary for the particular beach. [L 1990, c 182, §1]
Cross References
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.
Exception to liability for county lifeguard services see §663-1.52.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-13 Each county to determine its own number of fire stations.

§46-13 Each county to determine its own number of fire stations.
Any other provisions of law to the contrary notwithstanding, the council of each county, may determine the number of fire stations it will establish and maintain within its respective county. [L 1962, c 2, §2; Supp, §138-46; HRS §46-13]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-13.1 Volunteer fire stations.

§46-13.1 Volunteer fire stations.
(a) The council of the several counties may establish and maintain one or more volunteer fire stations in any area or areas of the county as it may determine to be necessary to provide adequate fire protection. All necessary facilities and equipment for the volunteer fire stations may be furnished by the county. The officers, firefighters, or other personnel necessary for the operation or maintenance of these stations shall be selected and appointed by the fire chief partially or entirely on a voluntary noncompensatory basis, except as otherwise provided in this section. All volunteer personnel for any volunteer fire station shall serve at the pleasure of the fire chief.
(b) The fire chief of the county shall have full authority and control over all volunteer fire stations, their equipment, apparatus, officers, firefighters, and personnel, and the fire chief may designate a suitable person to be in charge of any volunteer fire station. Suitable instructors may be assigned from time to time by the fire chief to such fire stations for the training of volunteer firefighters and personnel.
(c) In case any person serving in the capacity of volunteer personnel for the fire station, including a volunteer officer or firefighter, sustains any injury or dies as a result of any accident arising out of and in the course of training, or the performance of duty for such fire station, the person shall be entitled to the benefits provided for volunteer personnel in part V of chapter 386, and be considered to be an employee of the county for the purpose of obtaining compensation benefits under chapter 386. Compensation benefits shall be determined upon the basis of average weekly wages computed as set forth in section 386-51, and upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $18 per week, whichever is most favorable to the claimant or claimants; provided that for volunteer firefighters, average weekly wages shall be computed as set forth in section 386-181(c). The director of labor and industrial relations shall administer the provisions in this subsection in accordance with section 386-172.
(d) Any provision to the contrary notwithstanding, volunteer personnel, including officers and firefighters, shall be entitled to subsistence in amounts deemed proper by the council of the respective counties. [L 1973, c 162, §1; am L 1983, c 124, §15; gen ch 1985; am L 2023, c 195, §1]
Attorney General Opinions
Section establishes a comprehensive statutory scheme for counties to rely upon to secure firefighting services from volunteers who are not civil servants; its literal provisions can be given effect only if terms "other law" or "state statute" used in § §76-16(17) and 76-77(10) are construed liberally. Att. Gen. Op. 97-6.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-14.5 Land use density and infrastructure; low-income rental units.

§46-14.5 Land use density and infrastructure; low-income rental units.
Notwithstanding any other law to the contrary, the counties are authorized to provide flexibility in land use density provisions and public facility requirements to encourage the development of any rental housing project where at least a portion of the rental units are set aside for persons and families with incomes at or below one hundred forty per cent of the area median family income, of which twenty per cent are set aside for persons and families with incomes at or below eighty per cent of the area median family income. [L 2005, c 196, §3; am L 2006, c 217, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.01 Limitation of application.

§46-15.01 Limitation of application.
This chapter shall not be construed to exempt counties from the application of chapter 104 to experimental and demonstration housing projects pursuant to section 46-15. [L 1992, c 281, §1]
Attorney General Opinions
Chapter 104 applied to the county of Hawaii's Waikoloa employee housing project pursuant to this section and the plain language of §104-2. Att. Gen. Op. 06-1.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.21 Housing choice voucher program.

§46-15.21 Housing choice voucher program.
No county shall disqualify a legal nonconforming dwelling unit from the housing choice voucher program if the unit meets zoning and building code requirements and other program standards such as health and safety standards. [L 2017, c 176, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.25 Infrastructure dedication; affordable housing.

§46-15.25 Infrastructure dedication; affordable housing.
(a)
Infrastructure for affordable housing shall be deemed dedicated to the county if the county does not accept or reject the request for dedication of infrastructure within sixty days of the receipt by the appropriate county council of a completed application for dedication request; provided that:
(1) Applicable meter and connection fees and utility costs relating to the dedicated infrastructure have been paid;
(2) The dedicated infrastructure conforms to applicable county standards in effect at the time of construction; and
(3) The completion of the improvements comprising a dedicated infrastructure is granted approval by the county.
(b) For the purposes of this section:
"Affordable housing" means housing that is affordable to households with incomes at or below one hundred forty per cent of the median family income as determined by the United States Department of Housing and Urban Development.
"Infrastructure" includes water, drainage, sewer, waste disposal and waste treatment systems, road, and street lighting that connect to the infrastructure of the county. [L 2009, c 142, §2; am L 2010, c 26, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.3 Regulation of adult family boarding home and care home.

§46-15.3 Regulation of adult family boarding home and care home.
(a) For the purpose of regulation under a county's life safety code, building code, fire code, or any other ordinance of similar purpose, a licensed adult family boarding home or licensed care home that provides living accommodations for:
(1) The operator of the home and operator's family; and
(2) Up to six other persons, not more than three of whom are incapable of self-preservation because of age or physical or mental limitations,
shall be deemed a single-family dwelling occupied by a family.
(b) For the purpose of this section:
"Building code" means an ordinance the purpose of which is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the county's jurisdiction and certain equipment specifically regulated by the ordinance.
"Fire code" means an ordinance adopted under section 132-3 or an ordinance intended to prescribe regulations consistent with recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
"Licensed adult family boarding home" means an adult family boarding home licensed under chapter 346, part IV.
"Licensed care home" means a care home licensed under section 321-15.6.
"Life safety code" means an ordinance the purpose of which is to establish minimum requirements that will provide a reasonable degree of safety from fire in buildings and structures. [L 1985, c 302, §1; am L 2006, c 270, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.35 Family child care homes; permitted use in residential areas and agriculturally designated districts. (a) For the purposes of zoning, family child care homes shall be: (1) Considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings; and (2) Considered a permitted use in all agriculturally designated districts; provided that the family child care home is located in a farm dwelling, notwithstanding sections 205-2 and 205-4.5. No conditional use permit, variance, or special exception shall be required for residences used as family child care homes. (b) For the purposes of this section, "family child care home" means a private residence, including an apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for one to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §2; am L 1999, c 242, § §3, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1; am L 2014, c 210, §1]

§46-15.35
Family child care homes; permitted use in residential areas and agriculturally designated districts.
(a) For the purposes of zoning, family child care homes shall be:
(1) Considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings; and
(2) Considered a permitted use in all agriculturally designated districts; provided that the family child care home is located in a farm dwelling, notwithstanding sections 205-2 and 205-4.5.
No conditional use permit, variance, or special exception shall be required for residences used as family child care homes.
(b) For the purposes of this section, "family child care home" means a private residence, including an apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for one to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §2; am L 1999, c 242, § §3, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1; am L 2014, c 210, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.36 Hospice homes; permitted use in residential areas.

§46-15.36 Hospice homes; permitted use in residential areas.
For purposes of section 46-4, a hospice home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including but not limited to zones for single-family dwellings. No conditional use, permit, variance, or special exception shall be required for a residence used as a hospice home.
For purposes of this section, "hospice home" means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted to the hospice program of care. [L 1999, c 77, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.5 Cooperation by state departments.

§46-15.5 Cooperation by state departments.
All state departments, including the departments of human services and health, shall cooperate with the counties with respect to administrative inspections conducted under section 46-15.4, by providing information:
(1) Regarding probable violations of the conditions of a license under section 445-95;
(2) Regarding the probable operation of a lodging or tenement house, group home, group residence, group living arrangement, hotel, boardinghouse, or restaurant; or
(3) That may be used to satisfy the probable cause requirement of section 46-15.4. [L 1987, c 333, pt of §1; am L 1989, c 261, §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.6 Definitions.

§46-15.6 Definitions.
When used in this chapter, unless the context requires otherwise:
"Premises" shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in section 445-90, or any other like facility serving unsupervised or unrelated individuals.
"Public nuisances" shall include but not be limited to the placement of structures, stalls, stands, furniture, and containers on streets, sidewalks, and public places where the placement of structures, stalls, stands, furniture, and containers are inconsistent with or frustrate the purpose, function, or activity for which the street, sidewalk, or public place was intended. [L 1987, c 333, pt of §1; am L 1994, c 171, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.7 Concurrent processing. When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, upon the request of the applicant, these plan and zoning map amendment requests may be processed concurrently with any request to the state land use commission for the redesignation of lands which would permit the development of the housing project. For the purposes of this section: "County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan. "Housing project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development. [L 1994, c 262, §1] Cross References Facilitated application process, see §201-62. Law Journals and Reviews The Scramble to Protect the American Dream in Paradise: Is Affordable Housing Possible in Hawaii? 10 HBJ No. 13, at pg. 37.

§46-15.7
Concurrent processing.
When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, upon the request of the applicant, these plan and zoning map amendment requests may be processed concurrently with any request to the state land use commission for the redesignation of lands which would permit the development of the housing project.
For the purposes of this section:
"County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan.
"Housing project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development. [L 1994, c 262, §1]
Cross References
Facilitated application process, see §201-62.
Law Journals and Reviews
The Scramble to Protect the American Dream in Paradise: Is Affordable Housing Possible in Hawaii? 10 HBJ No. 13, at pg. 37.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute.

§46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute.
(a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on public streets, roads, or highways whose ownership is in dispute between the State and the county.
(b) Any provision of the law to the contrary notwithstanding, any county and its authorized personnel may repair or maintain, in whole or in part, public streets, roads, or highways whose ownership is in dispute between the State and the county.
(c) No presumption that a county owns a particular street, road, or highway shall arise as a result of the county's performance of the activities allowed by subsection (a) or (b).
(d) The general public shall have the unrestricted right to use public streets, roads, or highways whose ownership is in dispute between the State and the county to access the shoreline and other public recreational areas; provided that this subsection shall not apply to any private street, road, or highway whose ownership is in dispute.
(e) As used in this section:
"Public recreational area" means coastal and inland recreational areas, including beaches, shores, public parks, public lands, public trails, and bodies of water opened to the public for recreational use. [L 2008, c 56, §2; am L 2010, c 153, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-16 Traffic regulation and control over private streets.

§46-16 Traffic regulation and control over private streets.
Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:
(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and
(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county. [L 1973, c 137, §1; am L 1988, c 358, §1; am L 1995, c 173, §2; am L 2010, c 153, §2]
Case Notes
While the fact that the privately owned road was platted on a subdivision map, that §265A-1 authorized counties to repair and maintain private streets, and this section authorized counties to regulate traffic on private streets, and each of these factors was significant in determining which party or parties had control of the private roadway, appellate court erred in concluding as a matter of law that defendant property owners did not control roadway and thus had no duty to maintain, repair, or warn of a dangerous condition; the issue of control of the roadway was a question of fact for the jury. 103 H. 385, 83 P.3d 100.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-16.1 Prohibitions or restrictions on stopping, standing, or parking of vehicles on county highways.

§46-16.1 Prohibitions or restrictions on stopping, standing, or parking of vehicles on county highways.
Each county, by ordinance, may prohibit or restrict the stopping, standing, or parking of vehicles by designating specific sections of county highways that shall be subject to section 291C-lll; provided that any federal or state agency authorizing a road closure shall preempt a county ordinance. Upon adoption of the ordinance, the county shall submit to the judiciary notice of the adoption of the ordinance and a copy of the ordinance. [L 2023, c 239, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-16.2 Commuter benefits program.

§46-16.2 Commuter benefits program.
(a) The counties may adopt an ordinance establishing a commuter benefits program that consists of one or more of the following commuter benefits options:
(1) A program, consistent with section 132(f) of the Internal Revenue Code of 1986, as amended, allowing covered employees to elect to exclude from taxable wages costs incurred for transit passes, vanpool charges, and bicycle commuting costs up to the maximum amount allowed by federal tax law;
(2) A program whereby the employer offers employees a subsidy to offset the monthly cost of commuting via transit, vanpool, or bicycle. The subsidy shall be equal to the lesser of the monthly cost of a transit pass or the monthly cost of a vanpool; provided that a subsidy for bicycle costs shall be in addition to subsidies for transit and vanpool costs; or
(3) Transportation furnished by the employer at no cost or low cost, as determined by the designated authority, to employees in a vanpool, bus, or similar multi-passenger vehicle operated by or for the employer.
(b) Nothing in this section shall prevent an employer from offering a more generous commuter benefit that is otherwise consistent with the requirements of the applicable commuter benefits ordinance. Nothing in this section shall require employees to change their method of commute. This section shall not be construed to absolve any employer or other party from any obligation required by an existing collective bargaining agreement with employees or any provision of law.
(c) For purposes of this section:
"Employee" means any person who is on the employer's payroll and works in a full-time or part-time position. The term includes any person who is entitled to payment of a minimum wage from an employer under the Hawaii minimum wage law.
"Employer" means any person, including corporate officers or executives, who directly or indirectly or through an agent of any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee.
"Transit pass" means any pass, token, fare card, voucher, or similar item entitling a person to transportation on public transit, including but not limited to travel by bus or train.
"Vanpool" means any highway vehicle that:
(1) Has the seating capacity of at least six adults, not including the driver; and
(2) Is reasonably expected to use at least eighty per cent of the mileage for the purpose of transporting a number of employees equal to at least fifty per cent of the seating capacity of the vehicle, not including the driver, in connection with travel between the residence and place of employment of employees. [L 2015, c 205, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-16.3 Regulation of commercial bicycle tours.

§46-16.3 Regulation of commercial bicycle tours.
Any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating commercial bicycle tours on state and county highways, including but not limited to ordinances relating to the number of tours, the number of bicycles within a tour, scheduling of tours, physical spacing of tours, rules of the road, health and safety requirements, equipment maintenance, driver and guide qualifications, driver and guide drug testing, accident procedures and reporting, and financial responsibility requirements. Each county shall follow federal guidelines for commercial bicycle tours that begin from federal or state parks and continue on to state highways.
For the purposes of this section:
"Bicycle tour" includes both guided bicycle tours and unguided bicycle rental operations.
"County highway" has the same meaning as defined in section 264-1.
"State highway" has the same meaning as defined in section 264-1. [L 2007, c 181, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-16.5 Public passenger vehicle regulation.

§46-16.5 Public passenger vehicle regulation.
(a) The legislature finds and declares the following:
(1) The orderly regulation of vehicular traffic on the streets and highways of Hawaii is essential to the welfare of the State and its people;
(2) Privately-operated public passenger vehicle service provides vital transportation links within the State. Public passenger vehicle service operated in the counties enables the State to provide the benefits of privately-operated, demand-responsive transportation services to its people and to persons who travel to the State for business or tourist purposes;
(3) The economic viability and stability of privately-operated public passenger vehicle service is consequently a matter of statewide importance;
(4) The policy of the State is to promote safe and reliable privately-operated public passenger vehicle service to provide the benefits of that service. In furtherance of this policy, the legislature recognizes and affirms that the regulation of privately-operated public passenger vehicle service is an essential governmental function;
(5) The policy of the State is to require that counties regulate privately-operated public passenger vehicle service and not subject a county or its officers to liability under the federal antitrust laws;
(6) The policy of the State is to further promote privately-operated public passenger vehicle service, including but not limited to, the picking up and discharge of passengers from various unrelated locations by taxicabs; and
(7) The policy of the State is to further promote privately-operated public passenger vehicle service by requiring jitney services not regulated by the counties to be under the jurisdiction of the public utilities commission. For the purposes of this paragraph, "jitney services" means public transportation services utilizing motor vehicles that have seating accommodations for six to twenty-five passengers, operate along specific routes during defined service hours, and levy a flat fare schedule.
(b) Any other law to the contrary notwithstanding, where not within the jurisdiction of the public utilities commission, every county may provide rules to protect the public health, safety, and welfare by licensing, controlling, and regulating, by ordinance or resolution, public passenger vehicle service operated within the jurisdiction of the county; provided that the counties shall promote the policies set forth in subsection (a).
(c) Every county is empowered to regulate:
(1) Entry into the business of providing public passenger vehicle service within the jurisdiction of that county.
(2) The rates charged for the provision of public passenger vehicle service.
(3) The establishment of stands to be employed by one or a limited number of providers of public passenger vehicle service. [L 1986, c 120, §1; am L 1988, c 286, §2; am L 1995, c 98, §1]
Law Journals and Reviews
"Property" and Investment-Backed Expectations in Ridesharing Regulatory Takings Claims. 39 UH L. Rev. 301 (2017).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-17 Regulation of certain public nuisances.

§46-17 Regulation of certain public nuisances.
Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance. No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply, with the exception that:
(1) An ordinance shall not be effective to the extent that it is inconsistent with any permit for agricultural burning granted by the department of health under authority of chapter 342B, or to the extent that it prohibits, subjects to fine or injunction, or declares to be a public nuisance any agricultural burning conducted in accordance with such a permit; and
(2) An ordinance shall not be effective to the extent that it is inconsistent with any noise rule adopted by the department of health under authority of chapter 342F. [L 1974, c 158, §2; am L 1978, c 120, §1; am L 1994, c 5, §1; am L 1999, c 265, §2]
Cross References
Adoption of state community noise code, see §342F-30.5.
Leaf blowers; restrictions, see § §342F-30.8 and 342H-36.5.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-19 Development of alternative energy resources.

§46-19 Development of alternative energy resources.
Each of the counties may participate in the development of alternative energy resources defined as geothermal, solar, wind, ocean power, biomass and solid wastes in joint venture with an end user or public utility pursuant to a plan for the direct utilization of the energy sources by an end user or public utility; provided that should a joint-venture partner not be available the counties may proceed with the development of alternate energy resources for their own consumption or for the furtherance of a plan for direct utilization by an end user or public utility. [L 1978, c 36, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-19.4 Priority permitting process for renewable energy projects.

§46-19.4 Priority permitting process for renewable energy projects.
All agencies shall provide priority handling and processing for all county permits required for renewable energy projects.
For purposes of this section, "agencies" means any executive department, independent commission, board, bureau, office, or other establishment of a county, or any quasi-public institution that is supported in whole or in part by county funds. [L 2007, c 205, §2]
Cross References
Other related sections, see § §196-1.5, 201-12.5, 201N-14, and 226-18(c)(10).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-19.6 OLD REPEALED. §46-19.6 County building permits; incorporation of energy and environmental design building standards in project design; priority processing.

§46-19.6 [OLD] REPEALED.
L 1994, c 168, §2.
§46-19.6 County building permits; incorporation of energy and environmental design building standards in project design; priority processing.
(a) Each county agency that issues building, construction, or development-related permits shall establish a procedure for the priority processing of a permit application submitted by a private entity for a construction project that incorporates energy and environmental design building standards into its project design. The permit processing procedure shall give priority to private sector permit applicants at no additional cost to the applicant. Any priority permit processing procedure established by a county pursuant to this section shall not imply or provide that any permit application filed under the priority processing procedure shall be automatically approved.
(b) For the purposes of this section:
"Energy and environmental design building standards" means the leadership in energy and environmental design silver or two green globes rating system or another comparable state-approved, nationally recognized, and consensus-based guideline, standard, or system.
"Private entity" means any permit applicant that is not the State, a county, the federal government, or any political subdivision thereof. [L 2006, c 96, §29]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-19.7 Individual shower control valves required.

§46-19.7 Individual shower control valves required.
Every county building code shall require that all showers in new dwelling units shall be equipped with individual shower control valves of the pressure balance or the thermostatic mixing valve type unless the temperature of the water serving the showers is limited to 110 degrees Fahrenheit. The requirements of this section shall be applicable to building permits issued after December 31, 1992. [L 1991, c 305, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-19.8 Fire sprinklers; residences.

[ §46-19.8] Fire sprinklers; residences.
Section repealed June 30, 2027. L 2017, c 53, §1.
No county shall require the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system in:
(1) Any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes; and
(2) Nonresidential agricultural and aquacultural buildings and structures located outside an urban area;
provided that this section shall not apply to new homes that require a variance from access road or firefighting water supply requirements. [L 2012, c 83, § §1, 3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-20 Regulation of sewerage and wastewater treatment systems.

§46-20 Regulation of sewerage and wastewater treatment systems.
Effective July 1, 1987, counties may implement programs for the regulation of sewerage and wastewater treatment systems in their respective county jurisdictions; except that a county program shall be implemented by that county immediately upon receipt of state funds pursuant to section 27-21.6(5). Each county is authorized to adopt ordinances and rules on the design, construction, and operation of sewerage and treatment systems and shall submit to the director of health, for approval, a full and complete description of the program it proposes to establish and administer under county laws. [L 1985, c 282, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.

§46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
(a) All sewer transmission lines and other sewerage facilities servicing Hawaiian home lands existing on [July 7, 2014,] that were developed, constructed, operated, improved, or maintained by a county, or for which a county otherwise has an obligation to operate, improve, repair, maintain, or replace, are confirmed to be owned by the county in which the sewer lines and facilities are located, including those lines and facilities located on Hawaiian home lands.
(b) Upon demand by the department of Hawaiian home lands, each county shall accept the license or dedication and ownership of any and all sewer transmission lines and other sewerage facilities servicing Hawaiian home lands and that are not subject to subsection (a), as may be identified by the department of Hawaiian home lands; provided that:
(1) Any sewer lines or other sewerage facilities:
(A) Not subject to subsection (a);
(B) Existing before [July 7, 2014]; and
(C) That the appropriate county determines are not in substantial compliance with environmental laws, rules, and regulations pertaining to the dedication or license of the sewers to the counties at the time of their construction,
shall be brought into compliance with those laws, rules, and regulations by the department of Hawaiian home lands prior to acceptance by the county; and
(2) Sewer transmission lines and other sewerage facilities completed after [July 7, 2014,] shall comply with all applicable federal, state, and county environmental, design, and construction requirements prior to acceptance by a county.
(c) Each county shall operate, improve, repair, maintain, and replace, as necessary, the sewer transmission lines and other sewerage facilities that are subject to subsection (a) or (b).
(d) No county shall abandon or terminate the service of sewer transmission lines and other sewerage facilities subject to this section without the approval of the department of Hawaiian home lands; provided that the department shall not unreasonably withhold approval if abandonment or termination is necessary. If sewer transmission lines or other sewerage facilities are abandoned or terminated, the appropriate county shall make alternate sewer transmission lines and other facilities available to service the affected Hawaiian home lands. [L 2014, c 227, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-20.2 Infrastructure maintenance; housing development for the department of Hawaiian home lands.

§46-20.2 Infrastructure maintenance; housing development for the department of Hawaiian home lands.
(a) Notwithstanding any other provision to the contrary, infrastructure for any housing development for the department of Hawaiian home lands shall be maintained by the county in which the housing development is located in accordance with county standards, commencing sixty days after the receipt by the appropriate county agency of a completed application for maintenance request; provided that:
(1) Applicable meter and connection fees and utility costs relating to the infrastructure have been paid;
(2) The infrastructure conforms to applicable county standards in effect at the time the infrastructure is turned over to the county;
(3) The infrastructure is connected or adjacent to infrastructure maintained by the county; and
(4) The completion of the improvements of the infrastructure is granted approval by the county.
(b) For the purposes of this section, "infrastructure" includes water lines and appurtenances; storm drainage, including culverts and catch basins; sewer lines and appurtenances; waste disposal and waste treatment systems; and roadway improvements, including pavement, gutters, curbing, sidewalks, street trees, signage, road striping, traffic calming measures, and street lighting that connect or are adjacent to county infrastructure. [L 2022, c 206, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-20.5 Regulation of towing operations.

§46-20.5 Regulation of towing operations.
Any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating towing operations, including but not limited to ordinances relating to rates, equipment standards, hours of operation, storage and safeguarding of towed vehicles, records retention and inspection, insurance requirements, vehicle operator requirements, and tax clearances; provided that an ordinance shall not be effective to the extent that it is inconsistent with any law or department of health rule governing solid waste salvage facilities. [L 2003, c 84, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-20.7 County transient accommodations tax.

§46-20.7 County transient accommodations tax.
Each county may establish a transient accommodations tax not to exceed the maximum rate set forth in section 237D-2.5. The county transient accommodations tax shall be in addition to any state transient accommodations tax. A county electing to establish a transient accommodations tax pursuant to this section shall do so by ordinance. [L Sp 2021, c 1, §6]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-22 Compensation of certain county officials.

§46-22 Compensation of certain county officials.
Any law to the contrary notwithstanding, each county, including the city and county of Honolulu, by ordinance shall fix the salaries for its officials whose salaries are presently specifically established by statute or ordinance. [L 1965, c 223, §10; Supp, §138-5.5; HRS §46-22]
Case Notes
Includes power to amend Honolulu Charter. 50 H. 277, 439 P.2d 206.
Constitutionality of state law prohibiting salary increases of certain county officers and employees upheld. 67 H. 412, 689 P.2d 757.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-22.1 Salaries of members of council.

§46-22.1 Salaries of members of council.
Any law or county charter to the contrary notwithstanding, effective July 1, 1969, the salaries of the members of the county legislative bodies shall be as follows:
(1) In counties with more than 100,000 population:
Per Year
Chairperson of the council.............. $16,000
Members of the council (each)........... 14,000
(2) In counties with less than 100,000 population:
Chairperson of the council.............. 12,000
Members of the council (each)........... 10,800
[L 1969, c 127, §29; gen ch 1993]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-23 Salaries of department heads, deputies, assistants; fixed how.

§46-23 Salaries of department heads, deputies, assistants; fixed how.
Salaries of appointive heads of departments and salaries of deputies or assistants of any department, whose head is elected or appointed, shall be fixed by the council of the respective county governments where no other provision is made in the Hawaii Revised Statutes, or any amendatory acts thereto, for fixing the salaries. [L 1951, c 221, §4; RL 1955, §138-6; HRS §46-23]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-24 Limitation on salary of first deputy or assistant.

§46-24 Limitation on salary of first deputy or assistant.
Notwithstanding any other law to the contrary, the salary of any first deputy or first assistant to the head of any department of the county governments shall not exceed a sum equal to ninety-five per cent of the salary of such department head. [L 1957, c 170, §4; am L 1959, c 255, §10a; am imp L 1965, c 223, pt of §5; Supp, §5-20; HRS §46-24]
Attorney General Opinions
Discussed. Att. Gen. Op. 63-47.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-25 Salaries of county officers and employees; moneys payable into treasury.

§46-25 Salaries of county officers and employees; moneys payable into treasury.
The salaries provided by law for county officers or employees shall be in full compensation for all services rendered, and every officer or employee shall pay all moneys belonging to the county coming into the officer's or employee's hands as such officer or employee, no matter from what source derived or received, into the county treasury within thirty days after receipt of the same. [L 1921, c 8, §1; RL 1925, §2187; RL 1935, §2321; am L 1939, c 242, pt of §1; RL 1955, §138-5; HRS §46-25; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-25.5 Expenses.

§46-25.5 Expenses.
Subject to section 78-32 and procedures prescribed by the director of finance of the county and approved by the mayor, all officers and employees of each county shall be entitled to travel or other necessary expenses in the performance of their official duties as provided by ordinance. [L 1975, c 34, §1; am L 2016, c 158, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-26 Bonds of county officers; form.

§46-26 Bonds of county officers; form.
Every bond required to be given by any officer, deputy, assistant, clerk, or employee, in any department, bureau, office, or service, of any county, shall be made payable to the county, and shall be in such form as the officer with whom the bond is required to be deposited prescribes; provided that no such bond shall be deemed sufficient or be accepted unless the surety thereon is a corporation such as is mentioned in section 78-20. [L 1915, c 67, §1; RL 1925, §2170; RL 1935, §2310; am L 1939, c 242, pt of §1; RL 1945, §6001; am L 1955, c 104, §1; RL 1955, §138-1; HRS §46-26]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-27 Approval of bonds.

§46-27 Approval of bonds.
The sufficiency of the bonds of the members of the several councils and the mayor of the city and county of Honolulu shall be approved by a judge of the circuit court having jurisdiction over or within the county, and all other bonds shall be approved as to sufficiency by the officer with whom the same are required to be deposited. [L 1915, c 67, §2; RL 1925, §2171; RL 1935, §2311; am L 1939, c 242, pt of §1; RL 1945, §6002; RL 1955, §138-2; HRS §46-27]