HOUSE OF REPRESENTATIVES

H.B. NO.

2212

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a department of permitting.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that obtaining permits, licenses, and other approvals from state departments and agencies is often a long, time consuming, and frustrating process, especially for small businesses and not-for-profit groups that do not have the financial and personnel resources to shepherd permit and license applications through multiple and often duplicative and contradictory agency requirements.

     The legislature further finds that, in these tough economic times, it is fiscally responsible to seek out ways to reduce unnecessary government spending without sacrificing services to the general public.  One step in reaching this goal is to consolidate duplicative functions currently spread out among different state agencies, thereby streamlining government operations and offering better, faster, and more "to the point" services to the people of Hawaii.

     The purpose of this Act is to consolidate a number of permitting and licensing functions and employees of state government into a department of permitting.  This will ensure better organization and coordination of permitting functions, allow for standardized training and processing procedures, and reduce duplicative efforts.

     This Act establishes the department of permitting as a principal state department, to be effective upon approval.  Effective January 1, 2011, the functions and employees relating to permits and licenses of the department of agriculture are to be transferred to the new department; and effective July 1, 2011, the functions and employees relating to permits and licenses of the department of land and natural resources are to be transferred to the new department.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

DEPARTMENT OF PERMITTING

     §    -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "County agency" means a department, division, office, officer, agency, or other organization of a county government, including a county council.

     "County law" means a county charter provision, ordinance, or administrative rule.

     "County permit" means a permit that is subject to approval by a county agency pursuant to federal, state, or county law.

     "Department" means the department of permitting.

     "Director" means the director of permitting.

     "Permit" means any approval, no matter the nomenclature, required by state law.  "Permit" includes any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program required prior to constructing or operating a project; providing a good or service; operating a trade or business; or doing any or all things regulated, controlled, or managed by a state agency under state law.

     "Permit plan" means the aggregated set of required permits, coordinated by the department.

     "State agency" means a department, division, office, agency, or other organization of the state government, but not the legislative branch of state government.

     "State law" means a state constitutional provision, statute, or administrative rule.

     §   -2  Staff.  The director may employ and dismiss staff without regard to chapters 76 and 89, to assist the director in the implementation of this chapter.  The salary of each staff member shall be set by the director; provided that staff members shall be entitled to participate in any public employee benefit program plan or privilege.

     The director may contract persons, without regard to chapter 103D, to assist the department in the implementation of this chapter.

     §   -3  General powers. (a)  The department may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at pleasure;

     (3)  Make and execute contracts and other instruments necessary or convenient to the exercise of its powers and duties; and

     (4)  Adopt rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs.

     (b)  In addition to other powers conferred upon it, the department may do all things necessary and convenient to carry out the powers expressly provided in this chapter.

     §   -4  General duties of the department.  (a)  The department shall have the function and responsibility to accept and review all applications for a permit, license, or other approval required under state law; and to issue, deny, or condition the issuance of the required permit, license, or approval.  The department shall:

     (1)  Gather from the applicant any information the department finds relevant and necessary for the reviewing and processing of a permit application; and

     (2)  Coordinate public meetings to:

         (A)  Allow members of the affected communities to provide input regarding the issuance of the permit or license;

         (B)  Promote public awareness of the subject matter of the proposed permit or license in the proposed area; and

         (C)  Allow the department, the applicant, and any applicable agency to gain public sentiment and input regarding the proposed permit or license.

     (b)  Where the particular activity under review requires additional approvals from federal agencies or under federal law or permits or approvals from county agencies, the department shall:

     (1)  Identify all permits, licenses, and approvals required by those federal or county agencies; and

     (2)  Coordinate and facilitate the joint processing of the application to ensure the timely review and obtain the required permits and approvals.

     (c)  The department shall develop and establish a permit plan application format and procedures that shall simplify and expedite the permitting functions of state government.

     (d)  The department may charge appropriate application, processing, issuance, and other permitting fees.  All fees shall be adopted pursuant to chapter 91, and shall be deposited into the permitting special fund established under section    -6.

     §   -5   Permit plan; permit processing.  (a)  The permit plan shall be a working document, available to the public and posted on the department's website, and shall be regularly updated with current information.  The permit plan shall be used to promote efficiency and transparency in the permitting process, including the coordinated and concurrent processing of permits where possible, while ensuring opportunities for appropriate public comment and participation, including public hearings.

     (b)  The permit plan shall be designed to ensure that all permits identified in the permit plan shall be processed and either approved or denied no later than twelve months after the date that the application is accepted by the director, subject to any extensions that may be requested by the applicant.

     §   -6  Permitting special fund.  (a)  There is created within the state treasury a permitting special fund, which shall consist of:

     (1)  Moneys appropriated to the fund by the legislature;

     (2)  Fees and other charges collected by the department under this chapter; and

     (3)  Moneys allotted to the fund from other sources.

     (b)  Moneys in the fund shall be expended by the department for the purposes of this chapter.

     §   -7  Rules.  The department may adopt rules pursuant to chapter 91 to implement this chapter.

     §   -8  Reports.  The department of permitting shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each legislative session outlining its progress and activities under this chapter."

     SECTION 3.  Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§26-      Department of permitting.  (a)  The department of permitting shall be headed by a single executive to be known as the director of permitting.

     (b)  The department of permitting shall be responsible for accepting, processing, and approving or denying all applications for permits, licenses, and other approvals required under state law."

     SECTION 4.  Section 26-4, Hawaii Revised Statutes, is amended to read as follows:

     "§26-4  Structure of government.  Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

     (1)  Department of human resources development (Section 26-5);

     (2)  Department of accounting and general services (Section 26-6);

     (3)  Department of the attorney general (Section 26-7);

     (4)  Department of budget and finance (Section 26-8);

     (5)  Department of commerce and consumer affairs (Section 26-9);

     (6)  Department of taxation (Section 26-10);

     (7)  University of Hawaii  (Section 26-11);

     (8)  Department of education (Section 26-12);

     (9)  Department of health (Section 26-13);

    (10)  Department of human services (Section 26-14);

    (11)  Department of land and natural resources (Section 26-15);

    (12)  Department of agriculture (Section 26-16);

    (13)  Department of Hawaiian home lands (Section 26-17);

    (14)  Department of business, economic development, and tourism (Section 26-18);

    (15)  Department of transportation (Section 26-19);

    (16)  Department of labor and industrial relations (Section 26-20);

    (17)  Department of defense (Section 26-21);

    (18)  Department of public safety (Section 26-14.6)[.]; and

    (19)  Department of permitting (Section 26-   )."

PART II

     SECTION 5.  Section 26-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department shall:

     (1)  Promote the conservation, development, and utilization of agricultural resources in the State;

     (2)  Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;

     (3)  Administer the programs of the State relating to animal husbandry, entomology, farm credit, development and promotion of agricultural products and markets, and the establishment and enforcement of the rules on the grading and labeling of agricultural products; provided that all permitting functions shall be the responsibility of the department of permitting; and

     (4)  Administer the aquaculture program under section 141-2.5."

     SECTION 6.  Section 141-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person violating any of the provisions of chapters 141, 142, or 144 to 149A, for which violation a penalty is not otherwise provided, or violating any rule of the department of agriculture, or any master of any vessel which brings into the State any article which the department at any time shall prohibit from being imported into the State, or the master of any vessel from which is landed any article required in chapters 141, 142, or 144 to 149A to be inspected, before the master has received a permit to land the articles from the department of permitting or its officer or inspector, as provided by chapters 141, 142, and 144 to 149A, shall be fined not more than $500."

     SECTION 7.  Section 142-4, Hawaii Revised Statutes, is amended to read as follows:

     "§142-4  Entry of animals without inspection prohibited.  No animal shall be allowed to enter the State except after inspection by the department of agriculture and the issuance of a permit by the department of permitting to the consignee or owner; provided that no fees for inspection shall be charged, nor delays caused, concerning the landing of any domestic animal for which a certificate of health has been issued as prescribed by the Federal Cattle Contagious Disease Act.  Every carrier, owner, or handler bringing animals into the State shall be required to present these animals to the department of agriculture for inspection."

     SECTION 8.  Section 142-49, Hawaii Revised Statutes, is amended to read as follows:

     "§142-49  Livestock ownership and movement certification.  Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal or animals including sex, breed, age, and brand and indicating the seller or owner, buyer or consignee, and origin and destination.  Two copies of the certificate shall accompany the shipment, one copy shall be given to the department of [agriculture,] permitting, and a copy shall be retained by the owner.  One of the copies of the certificate shall be presented upon request to a law enforcement officer or other officer or employee as described in section 142-29."

     SECTION 9.  Section 142-92, Hawaii Revised Statutes, is amended to read as follows:

     "§142-92  Mongoose; keeping or breeding; penalty.  It shall be unlawful for any person to introduce, keep, or breed any mongoose within the State except upon and according to the terms of a written permit which may be granted therefor by the department of [agriculture,] permitting, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county.  The department of permitting shall not issue a permit authorizing the keeping or breeding of mongoose within either the county of Kauai or the island of Lanai.  Any person who violates this section shall be fined not less than $250 nor more than $1,000 for each mongoose introduced, kept, or bred contrary to this section."

     SECTION 10.  Section 142-93, Hawaii Revised Statutes, is amended to read as follows:

     "§142-93  Harboring mongoose; penalty.  Any person harboring, feeding, or in any way caring for a mongoose, except upon and according to the terms of a written permit which may be granted therefor by the department of [agriculture,] permitting, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county, shall be penalized pursuant to section 142-12."

     SECTION 11.  Section 142-101, Hawaii Revised Statutes, is amended by amending the definition of "department" to read as follows:

     ""Department" means the department of [agriculture.] permitting."

     SECTION 12.  Section 142-111, Hawaii Revised Statutes, is amended by amending the definition of "department" to read as follows

     ""Department" means the department of [agriculture.] permitting."

     SECTION 13.  Section 144-1, Hawaii Revised Statutes, is amended to read as follows:

     "§144-1  Administration.  This chapter shall be administered by the department of agriculture, hereinafter referred to as the "department"[.]; provided that all permitting functions shall be the responsibility of the department of permitting."

     SECTION 14.  Section 145-2, Hawaii Revised Statutes, is amended to read as follows:

     "§145-2  Licenses.  No person shall act as a commission merchant, dealer, broker, agent, processor, or retail merchant without having obtained a license as prescribed by rules of the department.

     In addition to the general requirements applicable to all classes of applications as prescribed by rule, the following requirements shall apply to each class of application noted:

     (1)  Commission merchants and brokers:  Each application shall include a schedule of commissions and charges for services, and the designated commissions and charges shall not be changed or varied for the license period except by written contract between the parties.  In addition, each application shall be accompanied by the surety bond required by section 145-4.

     (2)  Agents:  Each application shall include the name and address of each commission merchant, dealer, or broker represented or sought to be represented by the agent, the written indorsement or nomination of the commission merchant, dealer, or broker, and such additional information as the department may consider proper or necessary.  The department of permitting shall thereupon issue to the applicant a license entitling the applicant to conduct the business described in the application at the place named in the application for a year from the date thereof, or until the same is revoked for cause; provided that the license of an agent shall expire upon the date of expiration of the license of the principal for whom the agent acts.  The department of permitting may also issue to each agent a card or cards which shall bear the signature of the agent, separate cards being required for each principal.  Any agent shall show the card or cards upon the request of any interested person.  Any agent who displays a void or expired license card shall be punished as provided in section 145-12.

     Fraud or misrepresentation in making any application shall ipso facto work a revocation of any license granted thereunder.  All indicia of the possession of a license shall be at all times the property of the State and each licensee shall be entitled to the possession thereof only for the duration of the license.

     For filing the application for license, each applicant shall pay a fee as prescribed by the department.

     Should any commission merchant, dealer, broker, agent, processor, or retail merchant refuse, fail, or neglect to apply for the renewal of a preexisting license within thirty days after the expiration thereof, a penalty of forty per cent shall apply to and be added to the original fee as prescribed by the department, and shall be paid by the applicant before the renewal license may be issued.

     Any person who has applied for and obtained a license within the classification of commission merchant, in the manner and upon payment of the fee set forth, may apply for and secure a license in the other classifications without payment of further fee, and upon further complying with those provisions of this part regulating the licensing of the other particular classification involved.  All licenses held by any licensee under this section shall automatically expire on the expiration date for the particular license for which the license fee was paid."

     SECTION 15.  Section 145-8, Hawaii Revised Statutes, is amended to read as follows:

     "§145-8  Duty of department.  The department of agriculture shall administer and enforce this chapter[.]; provided that the permitting functions shall be the responsibility of the department of permitting."

     SECTION 16.  Section 149A-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It shall be unlawful to:

     (1)  Detach, alter, deface, or destroy, in whole or in part, any label or alter any labeling of a pesticide unless it is approved by the department to correct an improper label or labeling under section 24(c), FIFRA;

     (2)  Add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;

     (3)  Use for a person's own advantage or reveal any information relative to formulas of products acquired in the administration of this chapter, to persons other than to the chairperson or proper officials or employees of the State or the federal government; to the courts of this State or the federal government in response to a subpoena; to physicians; or, in emergencies, to pharmacists and other qualified persons for use in the preparation of antidotes;

     (4)  For any pesticide dealer, wholesaler, or retailer to expose or to offer for sale or to solicit or receive orders for the sale of restricted use pesticides unless the dealer, wholesaler, or retailer has applied for and has obtained a license from the department[;] of permitting;

     (5)  For any pesticide dealer, wholesaler, or retailer to expose or to offer for sale or to solicit or receive orders for the sale of restricted use pesticides to any person other than a certified pesticide applicator;

     (6)  For any pesticide dealer, wholesaler, or retailer to make any verbal or written claim or representation relating to any pesticide product that is inconsistent with the specific pesticide product label; or

     (7)  For any pesticide dealer to expose to, offer for sale to, or solicit or receive orders for the sale of restricted use pesticides to any pest control operator or to an employee of the pest control operator acting on the pest control operator's behalf without satisfactory proof that the pest control operator holds, or has held within the previous one hundred twenty days, a pest control license and, when applicable, without satisfactory proof that the employee is employed by the pest control operator."

     SECTION 17.  Section 149A-13, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any pesticide which is received, used, sold, offered for sale, or distributed within this State shall be licensed by the [board.] department of permitting.  Any pesticide product which has been sold in this State but for which the license is not renewed can be used by the purchaser.  However, the product cannot be sold, resold, or distributed within the State before its license is renewed.  The licensee shall file with the department of permitting a statement including:

     (1)  The name and address of the licensee and the name and address of the person whose name will appear on the label, if other than the licensee;

     (2)  The name of the pesticide;

     (3)  A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use; and

     (4)  If requested by the department, a full description of the tests made and the results thereof upon which the claims are based."

     2.  By amending subsection (d) to read:

     "(d)  The department[,] of permitting, whenever it deems necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide.  If it appears to the department that the composition of the pesticide is complete as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of section 149A-15, the department of permitting shall license the pesticide."

     SECTION 18.  Section 149A-17, Hawaii Revised Statutes, is amended to read as follows:

     "§149A-17  Sales, permit, and record.  In addition to licensing requirements applicable to pesticides, every person who sells or distributes restricted use pesticides shall obtain an annual permit from the department[.] of permitting.  Conditions, procedures, and fees for the permit shall conform to the rules adopted under this section.

     All persons permitted to sell restricted use pesticides shall keep records of the individual sales of these pesticides.  Records shall be kept at the principal place of business of the permittee for a period specified by the rules and shall be available to the department on request."

     SECTION 19.  Section 149A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§149A-18  Denial, suspension, or revocation of permit.  The department of permitting may deny issuance of a permit to sell a restricted use pesticide for reasonable cause.  Any permit issued pursuant to rules adopted under section 149A-17 may be suspended or revoked by the department, after due hearing, for violation of any condition of the permit or of any law or rule pertaining to the sale of pesticides.

     Any order made by the department for the suspension or revocation of a permit shall be in writing and shall set forth the reasons for the suspension or revocation.

     The action of the department in suspending or in revoking a permit may be reviewed in the manner provided by chapter 91."

     SECTION 20.  Section 150-29, Hawaii Revised Statutes, is amended to read as follows:

     "§150-29  Seed licenses.  A seed license from the department of permitting is required of:

     (1)  Every person whose name and address are required on the label or who imports into the State for sale or resale, agricultural or vegetable seed for planting purposes.

     (2)  Every person who opens any bag or container of agricultural or vegetable seed and sells the contents for planting purposes within the State.

Application for the license shall be made to the department of permitting in accordance with rules adopted by the department.  All licenses shall expire on June 30 of each year."

     SECTION 21.  Section 150A-6.2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Animals on the lists of conditionally approved and restricted animals shall be imported only by permit.  Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department of permitting may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans, if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department of permitting may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition, if the importer of the animal can meet permit and bonding requirements as determined by the board."

     SECTION 22.  Section 150A-6.3, Hawaii Revised Statutes, is amended by amending subsections (a) to (d) to read as follows:

     "(a)  The board shall maintain:

     (1)  A list of nonrestricted microorganisms allowed entry into the State without a permit;

     (2)  A list of restricted microorganisms that require a permit for import into the State and possession; and

     (3)  A list of microorganisms that are select human pathogens allowed entry into the State without a permit but that require the department of permitting to notify the department of health of entry for the purpose of possible department of health inspection and monitoring.

Import of a microorganism on these lists, as well as import of any unlisted microorganism, shall be subject to the notification, labeling, and inspection requirements of section 150A-5, and is allowed only as provided herein.

     (b)  Import of a microorganism on the restricted list of microorganisms shall be by permit issued pursuant to rules and subject to conditions established by rules; provided that, if the department of permitting in its discretion determines that import of a microorganism on the restricted list or the microorganism's proposed use presents a high risk to agriculture, horticulture, the environment, or animal or public health, the import request shall be subject to advisory committee review and board approval, including a determination that the importer is able to comply with conditions established by the board, before a permit may be issued.

     (c)  Import and possession of an unlisted microorganism may be allowed based on the department's determination of the level of risk presented by the import, including its proposed use, to agriculture, horticulture, the environment, or animal or public health.  Import shall be either by letter of authorization or special permit issued by the department[,] of permitting, without advisory committee review or board approval, or, alternatively, by special permit issued by the department of permitting subsequent to advisory committee review and board approval, according to risk level as provided by rule; provided that in the latter instance the importer is able to comply with conditions established by the board.

     (d)  The department of permitting may issue an emergency permit on a case-by-case basis to a state or federal agency or state university to allow import and possession of a microorganism on the list of restricted microorganisms or an unlisted microorganism for the purpose of remediating any emergency or disaster affecting agriculture, horticulture, the environment, animal or public health, or for emergency preparedness; provided that:

     (1)  The board, without advisory committee review, first obtains advice from qualified persons with relevant expertise;

     (2)  The board determines that import in less time than is required for issuance of a special permit under subsections (b) and (c) as applicable, is necessary to remediate the emergency or disaster; and

     (3)  The importer is able to meet conditions established by the board.

     (e)  Microbial products may be imported as follows:

     (1)  Microbial products containing certain strains of microorganisms on the nonrestricted list of microorganisms, as identified by rule, may enter the State without a permit but shall not be imported without a registration issued pursuant to rules.  Import of an unregistered microbial product required to be registered with the department is a violation of this section; and

     (2)  Import of microbial products other than those products required to be registered pursuant to paragraph (1) shall be by permit or letter of authorization, as provided in subsections (b) and (c) as applicable."

     SECTION 23.  Section 150A-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It is a violation of this part to bring to or possess in the State any living creature that is prohibited or restricted, without a permit issued by the department[,] of permitting, except as expressly provided in this part.  The creature shall constitute contraband and shall be seized immediately upon discovery, whenever found, and be destroyed, donated to a government zoo, or sent out of the State, at the discretion of the department.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent."

     SECTION 24.  Section 150A-7.5, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-7.5  User fees.  Fees may be assessed for the processing and issuance of permits issued by the department of permitting under this part, for inspections related to permit conditions, and for the registration of microbial products containing certain strains of microorganisms, as established by rule."

     SECTION 25.  Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-8  Transporting in State.  Flora and fauna specified by rules and regulations of the department shall not be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department[.] of permitting."

     SECTION 26.  Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

     "§152-3  Prohibited acts.  It shall be unlawful to introduce or to transport specific noxious weeds or their seeds or vegetative reproductive parts into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department[.] of permitting."

     SECTION 27.  Section 157-21, Hawaii Revised Statutes, is amended to read as follows:

     "§157-21  Licensing.  It shall be unlawful for any producer, producer-distributor, or distributor to produce, sell, process, or distribute milk in a milk shed unless the person is duly licensed by the department of permitting as provided by this chapter.  It shall be unlawful for any such person to sell, buy, process, or distribute milk which the person knows or has reason to believe has been produced or handled in violation of this chapter."

     SECTION 28.  Section 157-24, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The [board] department of permitting may refuse to renew a license or may suspend or revoke a license, upon due notice and opportunity of hearing to the licensee, when it finds any of the following:

     (1)  That any licensee has, without reasonable cause, refused to accept milk delivered or failed to deliver milk as agreed, except where a contract has been terminated.

     (2)  That any licensee has failed to account or make payment, without reasonable cause, for any milk purchased.

     (3)  That any licensee has been adjudged a bankrupt.

     (4)  That any licensee has continued in a course of dealing of such a nature as to indicate the licensee's inability or unwillingness to properly conduct the business of producing, processing, delivering, receiving, or selling milk or of the licensee's intent to deceive or defraud producers, producer-distributors, distributors or consumers.

     (5)  That any licensee has violated the state antitrust law, chapter 480.

     (6)  That any licensee has failed to keep records or to furnish the statements or information required by the board.

     (7)  That any licensee has intentionally made a false or misleading statement upon which the license was issued.

     (8)  That the licensee has violated or failed to comply with this chapter.

     (9)  That the licensee has ceased to operate the milk business for which the license was issued.

     (c)  The [board] department of permitting may conditionally renew a license or may conditionally decline to suspend or revoke a license, but such condition shall have appropriate relation to the administration of this chapter."

     SECTION 29.  Section 157-25, Hawaii Revised Statutes, is amended to read as follows:

     "§157-25  Proceedings to review.  The action of the [board of agriculture] department of permitting in refusing to grant or renew a license, or in revoking or suspending a license, or in conditioning or limiting the granting or renewal of a license, may be reviewed in the manner provided by chapter 91."

     SECTION 30.  Section 159-7, Hawaii Revised Statutes, is amended to read as follows:

     "§159-7  General powers.  The department, through its board, may:

     (1)  Regulate, supervise, inspect, and control the slaughtering of animals and the manufacture, processing, transportation, packaging, labeling, and disposal of meat or meat products involved in intrastate commerce;

     (2)  Adopt, amend, and repeal rules as are necessary to implement this chapter, subject to chapter 91, on the following matters:

         (A)  The issuance of licenses[,] by the department of permitting, including the class of licenses to be issued;

         (B)  The type of equipment or facilities that may be used in slaughtering and meat processing operations;

         (C)  The internal operations of slaughterhouses and meat processing establishments;

         (D)  The procedures for ante-mortem and post-mortem inspections and the reinspection of meat or meat products used in processing, and the disposal of diseased carcasses and parts of carcasses and meat or meat products found to be unwholesome or otherwise unfit for human consumption;

         (E)  The hours of slaughtering and processing, and the conditions under which slaughtering and processing may be conducted at other than scheduled times;

         (F)  The labeling and packaging of meat or meat products;

         (G)  The storing, handling, and transportation of meat or meat products;

         (H)  The sanitary conditions of all establishments where animals are slaughtered, and where meat or meat products are processed or prepared; and

         (I)  Any other matter as may be necessary or desirable to implement this chapter.  Notwithstanding the foregoing provisions, the board, without regard to the notice and public hearing requirements of chapter 91, may adopt all federal meat inspection regulations, including changes made from time to time by the United States Secretary of Agriculture, as rules for the efficient administration of this chapter.  Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes:

              (i)  Either a statement of the substance of the proposed rule adoption, amendment, or repeal; or a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal; and

             (ii)  A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.

              The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these rules or of the department's rulemaking proceedings.  The department may require reimbursement for the cost of preparing and mailing the copies.

     (3)  Provide for the inspection and certification of meat derived from exotic animals when these services are requested by producers of these products, and obtain from users of these services reimbursement for all costs incurred in the provision of these services."

     SECTION 31.  Section 159-13, Hawaii Revised Statutes, is amended to read as follows:

     "§159-13  Application for a license.  The [board] department of permitting may issue licenses to slaughterhouses and meat processing establishments having certificates of sanitation issued under section 159-11.  An applicant for an original or renewal license to operate as a slaughterhouse operator or meat processor shall file an application upon a form prepared by the board, containing the information which the board deems necessary for the administration of this chapter.

     The license year shall be from July 1 to June 30.  All applications for renewal of licenses shall be made at least thirty days prior to the commencement of the license year."

     SECTION 32.  Section 159-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§159-16[]]  Granting, suspending and revoking licenses.  (a)  The action of the [board] department of permitting in refusing to grant or renew a license, or in revoking or suspending a license, may be judicially reviewed in the manner provided by chapter 91.

     (b)  No license shall be denied unless the [board] department of permitting finds after due notice and an opportunity of hearing in accordance with chapter 91, to the applicant any of the following:

     (1)  That the applicant does not qualify or possess the facilities to conduct a business properly.

     (2)  That the applicant does not have the financial responsibility to conduct a business properly.

     (3)  That the issuance of a license is otherwise not in the public interest.

     (c)  The [board] department of permitting may refuse to renew a license or may suspend or revoke a license upon due notice and opportunity of hearing in accordance with chapter 91, to the licensee when it finds any of the following:

     (1)  The licensee has been adjudged a bankrupt.

     (2)  The licensee has violated chapter 480 and the violation is directly or indirectly involved with the state meat industry.

     (3)  The licensee has failed to keep records or to furnish the statements or information required by the board.

     (4)  The licensee has intentionally made a false or misleading statement upon which the license was issued.

     (5)  The licensee has violated or failed to comply with this chapter.

     (6)  The licensee has ceased to operate the business for which the license was issued.

     (d)  The [board] department of permitting may conditionally renew a license or may conditionally decline to suspend or revoke a license, but the condition shall have appropriate relation to the administration of this chapter."

     SECTION 33.  Section 159-29, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This chapter requiring inspection of the slaughtering of animals and the preparation of the carcasses, parts thereof, and meat or meat products at establishments conducting such operations shall not apply:

     (1)  To the slaughtering by any person of animals of the person's own raising, and the preparation and transportation by the person of the carcasses, parts thereof, and meat or meat products of the animals exclusively for use by the person, members of the person's household, and the person's nonpaying guests and employees; provided that the slaughter of the animals is performed in compliance with part II of chapter 146.

     (2)  To the custom slaughter by any person of cattle, sheep, swine, or goats delivered by the owner thereof or the owner's agent for slaughter, and the preparation by that slaughterer of the carcasses, parts thereof, and meat or meat products of the animals exclusively for use, in the household of the owner, by the owner, members of the owner's household, and the owner's nonpaying guests and employees; nor:

     (3)  To the custom preparation by any person of carcasses, parts thereof, and meat or meat products derived from the slaughter by any person of cattle, sheep, swine, or goats of the owner's own raising or from exotic animals delivered by the owner thereof for that custom preparation, and transportation of those custom prepared articles exclusively for use, in the household of the owner, by the owner, members of the owner's household, and the owner's nonpaying guests and employees.

     (4)  To the person engaging in custom operations at an establishment at which inspection under this chapter is maintained; provided that:

         (A)  Any carcasses, parts thereof, and meat or meat products wherever handled on a custom basis, or any containers or packages containing those articles, are separated at all times from carcasses, parts thereof, and meat or meat products prepared for sale; and

         (B)  All articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked "not for sale" immediately after being prepared and kept so identified until delivered to the owner.

          A person conducting custom exempt operations shall be registered with the board as a custom exempt operator under this paragraph and obtain a permit for exemption from the [board] department of permitting to conduct those operations.  The [board] department of permitting may refuse, withdraw, or modify any permit for exemption under this paragraph in its discretion whenever it determines the action is necessary to effectuate the purposes of this chapter."

     SECTION 34.  Section 161-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§161-13[]]  Application for a license.  The [board] department of permitting may issue licenses to poultry slaughterhouses and poultry processing establishments having certificates of sanitation issued under section 161-11.  An applicant for an original or renewal license to operate as a poultry slaughterhouse operator or poultry processor shall file an application upon a form prepared by the board, containing such information which the board deems necessary for the administration of this chapter.

     The license year shall be from July 1 to the following June 30.  All applications for renewal of licenses must be made at least thirty days before the commencement of the license year."

     SECTION 35.  Section 161-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§161-15[]]  Granting, suspending, and revoking licenses. (a)  The action of the [board] department of permitting in refusing to grant or renew a license, or in revoking or suspending a license, may be reviewed in the manner provided by chapter 91.

     [(a)] (b)  No license shall be denied unless the [board] department of permitting finds after due notice and opportunity of hearing in accordance with chapter 91, one or more of the following:

     (1)  That the applicant does not qualify or does not possess the facilities to conduct a business properly.

     (2)  That the applicant does not have the financial responsibility to conduct a business properly.

     (3)  That the issuance of a license is otherwise not in the public interest.

     [(b)] (c)  The [board] department of permitting may refuse to renew a license or may suspend or revoke a license upon due notice and opportunity of hearing in accordance with chapter 91, to the licensee when it finds any of the following:

     (1)  The licensee has been adjudged a bankrupt.

     (2)  The licensee has violated chapter 480, and said violation is directly or indirectly involved with the state poultry industry.

     (3)  The licensee has failed to keep records or to furnish the statements or information required by the board.

     (4)  The licensee has intentionally made a false or misleading statement upon which the license was issued.

     (5)  The licensee has violated or failed to comply with any of the provisions of this chapter.

     (6)  The licensee has ceased to operate the business for which the license was issued.

     [(c)] (d)  The [board] department of permitting may conditionally renew a license or may conditionally decline to suspend or revoke a license, but such condition shall have appropriate relation to the administration of this chapter."

     SECTION 36.  Section 161-29, Hawaii Revised Statutes, is amended as follows:

1.  By amending subsection (b) to read:

     "(b)  The transportation by commercial carrier of carcasses, parts thereof, poultry, or poultry products produced without inspection under subsection (a) is prohibited, except under permit issued by the [board.] department of permitting."

     2.  By amending subsection (e) to read:

     "(e)  A person conducting custom exempt operations shall register with the board as a custom exempt operator under this subsection and shall obtain a permit for exemption from the [board] department of permitting to conduct those operations.  In its discretion, the [board] department of permitting may refuse, withdraw, or modify any permit for exemption under this subsection if it determines that the action is necessary to effectuate the purposes of this chapter."

     SECTION 37.  Section 166-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The [board of agriculture] department of permitting may issue easements, permits, and rights of entry covering agricultural park lands for uses consistent with the purposes for which the lands were set aside or are otherwise subject to the authority of the department pursuant to section 166-3."

     SECTION 38.  Section 166E-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The [board] department of permitting may issue easements, licenses, permits, and rights-of-entry for uses that are consistent with the purposes for which the lands were set aside or are otherwise subject to the authority of the department pursuant to section 166E‑9."

SECTION 39.  Effective January 1, 2011, the functions and employees relating to permits and licenses of the department of agriculture shall be transferred to the department of permitting.

PART III

     SECTION 40.  Section 26-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall manage and administer the public lands of the State and minerals thereon and all water and coastal areas of the State except the commercial harbor areas of the State, including the soil conservation function, the forests and forest reserves, aquatic life, wildlife resources, state parks, including historic sites, and all activities thereon and therein including[,] but not limited to[,] boating, ocean recreation, and coastal areas programs[.]; provided that all permitting functions shall be the responsibility of the department of permitting."

     SECTION 41.  Section 171-24, Hawaii Revised Statutes, is amended to read as follows:

     "§171-24  Land conveyances, preparation, signing, record, copies.  Except for the preparation and execution of leases and licenses and the issuance of revocable permits and rights of entry by the department of transportation, in its harbor and airport functions, all land patents, deeds, leases, grants, or other conveyances of any public land or any interest therein, shall be prepared by the department of land and natural resources[.]; provided that the issuance of permits shall be the responsibility of the department of permitting.  The department of transportation shall, within thirty days after the execution or issuance of such documents, file or record as directed by the board of land and natural resources the original of the same with the board.

     Documents setting aside lands for public purposes or withdrawing the same shall be signed by the governor.  All other documents prepared by the department of land and natural resources shall be signed by its chairperson or any authorized employee.

     The board shall keep a complete record of all such documents.  The record shall be open to public inspection and the board shall furnish a certified copy, under its official seal, of any document to any person applying therefor, upon payment of reasonable charges set by the board for certified copies."

     SECTION 42.  Section 171-40, Hawaii Revised Statutes, is amended to read as follows:

     "§171-40  Expired leases; holdover.  Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested.  The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.

     Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the [board] department of permitting may issue a temporary permit to the lessee, subject to section 171-55 and the rent and such other terms and conditions as the board may prescribe."

     SECTION 43.  Section 171-55, Hawaii Revised Statutes, is amended to read as follows:

     "§171-55  Permits.  Notwithstanding any other law to the contrary, the [board of land and natural resources] department of permitting may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction, under conditions and rent which will serve the best interests of the State, subject, however, to those restrictions as may from time to time be expressly imposed by the board.  A permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided that the [board] department of permitting may allow the permit to continue on a month-to-month basis for additional one year periods."

     SECTION 44.  Section 171-56, Hawaii Revised Statutes, is amended to read as follows:

     "§171-56  Contract or license for concessions or concession space.  The [board of land and natural resources] department of permitting may, subject to chapter 102, dispose of concessions, as defined in chapter 102, and shall enter into contracts or issue licenses for such concessions; provided that the duration of the contract or license shall be related to the investment required, but in no event to exceed fifteen years."

     SECTION 45.  Section 174C-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-9[]]  Proceedings before the commission concerning water resources.  All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code issued by the [commission,] department of permitting, shall be conducted in accordance with chapter 91.  Hearings regarding particular water resources shall be conducted on the island where those water resources are located."

     SECTION 46.  Section 174C-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  When a declaration has been filed in accordance with this section and the [commission] department of permitting has determined that the use declared is a reasonable, beneficial use, the [commission] department of permitting shall issue a certificate describing the use.  The certificate shall be deemed to constitute a description of the use declared.  With respect to certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use."

     SECTION 47.  Section 174C-31, Hawaii Revised Statutes, is amended as follows:

1.  By amending subsection (j) to read:

     "(j)  The [commission] department of permitting shall condition permits under part IV of this chapter in such a manner as to protect instream flows and maintain sustainable yields of ground water established under this section."

     2.  By amending subsection (l) to read:

     "(l)  The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would constitute an undesirable use for which the [commission] department of permitting may deny a permit under the provisions of part IV."

     SECTION 48.  Section 174C-48, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall make any withdrawal, diversion, impoundment, or consumptive use of water in any designated water management area without first obtaining a permit from the [commission.] department of permitting.  However, no permit shall be required for domestic consumption of water by individual users, and no permit shall be required for the use of a catchment system to gather water.  An existing use in newly designated areas may be continued until such time as the [commission] department of permitting has acted upon the application subject to compliance with section 174C-51."

     SECTION 49.  Section 174C-49, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  All permits issued by the [commission] department of permitting shall be subject to the rights of the department of Hawaiian home lands as provided in section 221 of the Hawaiian Homes Commission Act, whether or not the condition is explicitly stated in the permit."

     SECTION 50.  Section 174C-50, Hawaii Revised Statutes, is amended by amending subsections (b) to (h) to read as follows:

     "(b)  After publication as provided in section 174C-52, the [commission] department of permitting shall issue a permit for the continuation of a use in existence on the effective date of designation, if the criteria in subsection (a) are met and the existing use is reasonable and beneficial.

     Whether the existing use is a reasonable-beneficial use and is allowable under the common law of the State shall be determined by the [commission] department of permitting after a hearing; provided that the [commission] department may make such a determination without a hearing, if the quantity of water applied for does not exceed an amount per month established by rule or if the quantity of water applied for exceeds an amount per month established by rule, but no objection to the application is filed by any person having standing to file an objection.  In determining whether an application does not exceed the amount per month established by rule, the [commission] department shall consider an average of water use over the three-month period immediately preceding the filing of the application.

     (c)  An application for a permit to continue an existing use must be made within a period of one year from the effective date of designation.  Except for appurtenant rights, failure to apply within this period creates a presumption of abandonment of the use, and the user, if the user desires to revive the use, must apply for a permit under section 174C-51.  If the [commission] department of permitting determines that there is just cause for the failure to file, it may allow a late filing.  However, the [commission] department may not allow a late filing more than five years after the effective date of rules implementing this chapter.  The [commission] department shall send two notices, one of which shall be by registered mail, to existing users to file for an application for a permit to continue an existing use.

     (d)  An application shall be acted upon by the [commission] department of permitting within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing.  The time periods prescribed in this subsection shall not be deemed to run for any period in which an application is not complete in all material respects in the judgment of the [commission.] department.

     (e)  The [commission] department of permitting shall issue an interim permit; provided that the existing use meets the conditions of subsection (b).  The [commission] department shall also issue an interim permit for an estimated, initial allocation of water if the quantity of water consumed under the existing use is not immediately verifiable, but the existing use otherwise meets the conditions of subsection (b) for a permit or an interim permit.  An interim permit is valid for such time period specified therein.  The [commission] department may issue successive interim permits of limited duration.  Interim permits are subject to revocation under section 174C-58.  Whenever interim permits are to be issued, the time periods specified in subsection (d) apply to the issuance or nonissuance of interim permits.

     (f)  A permit to continue an existing use shall be for a quantity of water not exceeding that quantity being consumed under the existing use.  The quantity being consumed shall be determined and verified by the best available means not unduly burdensome on the applicant, as determined by the [commission.] department of permitting.  The [commission] department may prescribe the installation of metering or gauging devices, and, if so prescribed, such metering or gauging devices shall be in place and operational for at least one year before a determination is made as to the quantity of water being consumed in an existing use and a final permit is issued.

     (g)  If an interim permit is issued pending verification of the actual quantity of water being consumed under the existing use, a final determination of that quantity shall be made within five years of the filing of the application to continue the existing use.  In the final determination, the [commission] department of permitting may increase or reduce the amount initially granted the permittee.

     (h)  Two or more existing uses of water are deemed to be competing when they draw water from the same hydrologically controllable area and the aggregate quantity of water consumed by the users exceeds the appropriate sustainable yield or instream flow standards established pursuant to law for the area.  If applications are made to continue existing uses which are competing and the uses otherwise meet the requirements of subsection (b), the [commission] department of permitting shall hold a hearing to determine the quantity of water that may be consumed and the conditions to be imposed on each existing use."

     SECTION 51.  Section 174C-53, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-53[]]  Permit issuance.  (a)  The [commission] department of permitting shall determine, after a hearing, if required, whether the conditions set forth in section 174C-49(a) have been established; provided that the [commission] department may make such determination without a hearing if the quantity of water applied for does not exceed an average amount per month to be established by rule or if the quantity of water applied for exceeds an average amount per month to be established by rule, but no objection to the application is filed by any person having standing to file an objection.

     (b)  In acting upon any application, the [commission] department of permitting need consider only those objections filed by a person who has some property interest in any land within the hydrologic unit from which the water sought by the applicant is to be drawn or who will be directly and immediately affected by the water use proposed in the application.  The commission shall adopt rules governing the filing of objections and the persons having standing to file objections.

     (c)  An application shall be acted upon within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing.  The time periods prescribed in this section shall not be deemed to run for any period in which an application is not complete in all material respects, in the judgment of the [commission.] department.

     (d)  As a condition for the issuance of a permit the [commission] department of permitting may require the permittee to install meters, gauges, or other appropriate measuring devices."

     SECTION 52.  Section 174C-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-58[]]  Revocation of permits.  After a hearing, the [commission] department of permitting may suspend or revoke a permit for:

     (1)  Any materially false statement in the application for the water permit, a modification of a permit term, or any materially false statement in any report or statement of fact required of the user pursuant to this part.

     (2)  Any wilful violation of any condition of the permit.

     (3)  Any violation of any provision of this chapter.

     (4)  Partial or total nonuse, for reasons other than conservation, of the water allowed by the permit for a period of four continuous years or more.  The [commission] department may permanently revoke the permit as to the amount of water not in use unless the user can prove that the user's nonuse was due to extreme hardship caused by factors beyond the user's control.  The [commission] department and the permittee may enter into a written agreement that, for reasons satisfactory to the [commission,] department, any period of nonuse may not apply towards the four-year revocation period.  Any period of nonuse which is caused by a declaration of water shortage pursuant to section 174C-62 shall not apply towards the four-year period of forfeiture.

The [commission] department of permitting may cancel a permit, permanently and in whole, with the written consent of the permittee."

     SECTION 53.  Section 174C-59, Hawaii Revised Statutes, is amended to read as follows:

     "§174C-59  Transfer of permit.  A permit may be transferred, in whole or in part, from the permittee to another, if:

     (1)  The conditions of use of the permit, including, but not limited to, place, quantity, and purpose of the use, remain the same; and

     (2)  The [commission] department of permitting is informed of the transfer within ninety days.

     Failure to inform the [commission] department of the transfer invalidates the transfer and constitutes a ground for revocation of the permit.  A transfer which involves a change in any condition of the permit, including a change in use covered in section 174C-57, is also invalid and constitutes a ground for revocation."

     SECTION 54.  Section 174C-84, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-84[]]  Permits for well construction and pump installation.  (a)  No well construction and no installation of pumps and pumping equipment shall commence without appropriate permit from the [commission.] department of permitting.  An application for a permit for well construction shall be required for all areas of the State including water management areas and shall be made by the well driller who will construct the well.  An application for a permit for installation of a pump and pumping equipment shall be made by the pump installation contractor who will install the pump and pumping equipment.

     (b)  Every application shall contain such data prescribed by the [commission,] department of permitting including the applicant's name; the applicant's license number; the name and address of the person who will control and operate the well; in water management areas, the water use permit number; the location of the well; the proposed depth and method of well construction; the size and expected capacity of the well; and a description of the pump and pumping equipment to be installed. (c)  The [commission] department of permitting may issue a permit only if the proposed construction complies with all applicable laws, rules, and standards.  Before acting on any application, the [commission] department shall cause the application to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the well location.

     (d)  Every permit shall direct the well driller and pump installation contractor to file a well completion report, as provided in section 174C-85.  The permit shall be prominently displayed at the site of the well at all times until the well construction or the pump and pumping equipment installation is completed.

     (e)  The holder of a permit for well construction, with the approval of the [commission,] department of permitting may change the location of the well before construction is completed.  An application to change the location shall describe the location, the proposed depth and method of construction, and the size and expected capacity of the new well.  It shall also describe the manner of sealing or plugging the incomplete and abandoned well.  The [commission] department shall cause all such applications to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the location of the well.  The [commission] department may issue an amended permit if it determines that the proposed new well location will serve the same use as the original well and draw upon the same supply of water and will not be contrary to any applicable law, rule, order, or regulation, and that the incomplete and abandoned well will be sealed or plugged in a manner to prevent waste of water and damage to the water supply and to protect the public from harm.

     (f)  Any applicant whose application is rejected may obtain a hearing before the [commission] department by filing within thirty days of the mailing of the notice of rejection a written petition requesting such a hearing.  The hearing shall be conducted pursuant to part I.

     (g)  The [commission] department of permitting may suspend or revoke a permit, after notice and hearing, on any of the following grounds:

     (1)  Material misstatement or misrepresentation in the application for a permit;

     (2)  Failure to comply with the provisions set forth in the permit;

     (3)  Wilful disregard or violation of any provision of this part or any rule adopted pursuant thereto; or

     (4)  Material change of circumstances or conditions existing at the time the permit was issued."

     SECTION 55.  Section 174C-93, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-93[]]  Permits for construction or alteration.  No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from the [commission.] department of permitting.  The [commission] department may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the State and the affected county.  Nothing in this section shall be construed to be inconsistent with part IV.

     A person proposing to construct or alter a stream diversion work shall apply to the [commission] department of permitting for a permit authorizing such construction or alteration.  The application shall contain the following:

     (1)  Name and address of the applicant;

     (2)  Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;

     (3)  Location of the work;

     (4)  Engineering drawings showing the detailed plans of construction;

     (5)  Detailed specifications of construction;

     (6)  Name and address of the person who prepared the plans and specifications for construction;

     (7)  Name and address of the person who will construct the proposed work;

     (8)  General purpose of the proposed work; and

     (9)  Such other information as the [commission] department may require."

     SECTION 56.  Section 174C-95, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-95[]]  Abandonment.  Any owner of any stream diversion work wishing to abandon or remove such work shall first obtain a permit to do so from the [commission.] department of permitting."

     SECTION 57.  Section 181-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The [board of land and natural resources] department of permitting shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4.  The board of land and natural resources shall [also] have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead."

     SECTION 58.  Section 181-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It shall be unlawful for any person to engage in strip mining without first obtaining from the [board of land and natural resources] department of permitting a permit so to do, in the form hereinafter provided."

     SECTION 59.  Section 181-4, Hawaii Revised Statutes, is amended to read as follows:

     "§181-4  Application for permit; fee.  (a)  Any operator desiring to engage in strip mining shall make written application to the [board of land and natural resources] department of permitting for a permit.  Application for the permit shall be made upon the form furnished by the [board,] department, which form shall require a description of the pit with such particularity as the board of land and natural resources may require, the approximate number of acres of mineral land that will be mined annually, the approximate date upon which mining operations shall commence and such other information as the board may require.  The application shall be accompanied by an annual fee determined by the number of acres to be stripped in one year, as follows:

     Less than ten acres.................................. $100

     Ten to twenty-four acres.............................. 200

     Twenty-five to forty-nine acres....................... 300

     Fifty to ninety-nine acres............................ 400

     One hundred acres..................................... 500

The application together with the proper fee shall also be accompanied by a bond meeting the requirements of section 181-5.

     Upon receipt of the application, fee, and bond, the [board] department of permitting shall issue a permit to the applicant which, upon the applicant's filing the plan required by subsection (a) of section 181-6 shall entitle the applicant for a period of one year next following to engage in strip mining of the land identified in the application in the manner and subject to the provisions set forth in the plan.  The [board] department shall refuse to issue a permit if the application is not in proper form or is not accompanied by the correct amount of the fee or if the bond does not meet the requirements of section 181-5.

     (b)  Each permit shall be renewed each year by the [board] department of permitting upon receipt by it of the required annual fee and the filing of the bond required by section 181-5.  The permit, whether originally issued or renewed, shall remain in effect until terminated through lapse of time, or suspended, revoked, or cancelled by the [board] department following a hearing as provided in subsection (b) of section 181-7, for failure of the operator to comply with the terms thereof or the requirements of this chapter."

     SECTION 60.  Section 181-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  At the completion of each year, and at the time the operator makes application to the [board] department of permitting for a renewal of the operator's permit under section 181-4, the operator shall submit in duplicate to the [board] department a map in a form approved by the [board,] department, setting forth such description as will identify the land from which the operator removed any mineral by strip mining during the preceding permit year, with a legend upon the map showing the number of acres affected and the extent that the topography has been disturbed by the mining.  The accuracy of the map may be checked by the [board] department and if found to be erroneous, it shall be corrected by the operator prior to the issuance of a renewal permit."

     SECTION 61.  Section 182-6, Hawaii Revised Statutes, is amended to read as follows:

     "§182-6  Exploration.  Any person wishing to conduct exploration on such state lands shall apply to the [board of land and natural resources] department of permitting who shall issue exploration permits upon such terms and conditions as it shall by regulation prescribe.  During and as a result of the exploration, no minerals of such types and quantity beyond that reasonably required for testing and analysis shall be extracted and removed from such state lands.  Upon termination of the exploration permit, the drill logs and the results of the assays resulting from the exploration shall be turned over to the board of land and natural resources and kept confidential by the board.  If the person shall not make application for a mining lease of the lands within a period of six months from the date the information is turned over to the board, the board in its discretion need not keep the information confidential."

     SECTION 62.  Section 183C-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§183C-3[]]  Powers and duties of the board and department.  The board and department shall:

     (1)  Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

     (2)  Identify and appropriately zone those lands classified within the conservation district;

     (3)  Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

     (4)  Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

     (5)  Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;

     (6)  Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

     (7)  Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department[.] of permitting."

     SECTION 63.  Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:

     "§183C-6  Permits and site plan approvals.  (a)  The department shall regulate land use in the conservation district [by]; provided that the issuance of permits[.] shall be the responsibility of the department of permitting.

     (b)  The department of permitting shall render a decision on a completed application for a permit within one-hundred-eighty days of its acceptance by the department.  If within one-hundred-eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the owner may automatically put the owner's land to the use or uses requested in the owner's application.  When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, the one-hundred-eighty days may be extended an additional ninety days at the request of the applicant.  Any request for additional extensions shall be subject to the approval of the [board.] department of permitting.

     (c)  The department of land and natural resources shall hold a public hearing in every case involving the proposed use of land for commercial purposes, at which hearing interested persons shall be afforded a reasonable opportunity to be heard.  Public notice of the time and place of the hearing shall be given at least once statewide and in the county in which the property is located.  The notice shall be given not less than twenty days prior to the date set for the hearing.  The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board.  For the purposes of its public hearing or hearings, the department shall have the power to summon witnesses, administer oaths, and require the giving of testimony.  As used in this subsection, the term "commercial purposes" shall not include the use of land for utility purposes.

     (d)  The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility [by]; provided that the issuance of site plan approvals[.] shall be the responsibility of the department of permitting.

     (e)  Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2."

     SECTION 64.  Section 183D-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding the provisions of any other law, the department of permitting may issue permits to any person to take wildlife in any part of the State, for scientific, educational, or propagation purposes, except as prohibited by chapter 195D and subject to the rules adopted by the department[.] of land and natural resources.  The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

     SECTION 65.  Section 183D-22, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  A hunting license shall be issued to a person by an agent of the department of permitting upon:

     (1)  Written application in the form prescribed by the department;

     (2)  Payment of a hunting license fee or any other hunting related fee the board of land and natural resources may require as provided in this chapter; except that payment of the fee shall be waived for any employee of the department of land and natural resources who is required to have a license to carry out duties of the department; and

     (3)  Showing of a valid Hawaii hunter education certificate or written exemption issued under section 183D-28 or upon showing proof of completion of an approved hunter education course described in section 183D-28(b)(2).

The application shall require a statement under oath of the applicant's name, address, domicile or residence, length of residence in the State, age, race, height, weight, and color of hair and eyes."

     2.  By amending subsection (c) to read:

     "(c)  The department of permitting shall suspend, refuse to renew, reinstate, or restore, or deny any license if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding.  The department shall issue, renew, restore, or reinstate such a license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court."

     SECTION 66.  Section 183D-34, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-34  Private and commercial shooting preserve and farmer's license.  (a)  For the purpose of encouraging private and commercial shooting preserves, game bird farming, and the domestication and propagation of game birds, a license authorizing the licensee to engage in the business of conducting a private and commercial shooting game preserve, or breeding and selling game birds, as limited in this section, shall be issued by the department of permitting pursuant to rules as may be adopted by the department[,] of land and natural resources, to any responsible resident person duly applying therefor.  The licenses shall expire on June 30 of each year.

     (b)  The fee for private and commercial shooting preserves and farmer's licenses shall be set by the department[;] of land and natural resources; provided that the department of permitting may authorize any governmental agency to breed and sell game birds, and may authorize any person to possess lawfully obtained game birds.  The fees collected under this subsection shall be deposited into the wildlife revolving fund under section 183D‑10.5."

     SECTION 67.  Section 183D-40, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-40  Permit; authority under.  After first having obtained a permit from the department[,] of permitting, a licensee may obtain any number of game birds from any state game farm or from city park boards from another county, state, or foreign jurisdiction, or, with the consent of the department, transfer to another licensee any game bird taken or secured under this chapter.  A licensee, after obtaining a permit may sell, give away, or dispose of the eggs of any game bird, lawfully in the licensee's possession, for propagation purposes only."

     SECTION 68.  Section 183D-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Except as provided in subsection (a)(4), the rules shall require the person or persons seeking authority to apply for and obtain a written permit from the department[.] of permitting.  The permits may prescribe terms and conditions the department deems necessary to prevent abuse of the authority granted thereby, and may be canceled by the department, after notice and hearing, for the violation of any term or condition."

     SECTION 69.  Section 183D-64, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-64  Transportation of wild birds from the State prohibited.  No person shall transport or cause to be transported by any means any wild bird from any part of the State; provided that specimens of wild birds required for scientific or educational purposes may be exported from the State only when authorized under permits issued by the department[.] of permitting."

     SECTION 70.  Section 185-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The manager shall have the power and duty to:

     (1)  Prepare a plan for fire protection within the meaning of section [[]185-1.5[]];

     (2)  Take necessary measures for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

     (3)  Issue fire warning notices during dry periods or other seasons when fire hazards are great;

     (4)  Close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves to public access or restrict their use during dry periods when necessary, to reduce fire risk;

     (5)  Close public access to areas in which fire control operations are ongoing;

    [(6)  Issue burning permits as provided in section 185-7;

     (7)] (6)  Receive, audit, and if correct, approve and transmit to the department through the administrator, all reports and accounts for expenses incurred in the prevention, control, and extinguishment of any fires which come within the meaning of this chapter;

    [(8)] (7)  Summon, when necessary, additional firefighting assistance, equipment, supplies, or materials to assist in fighting a fire;

    [(9)] (8)  Assume full responsibility for directing the control and extinguishment of any fire coming within the meaning of this chapter, including directing the control and extinguishment of any fire on or threatening any lands included in section [[]185-1.5[]] as may be provided for under mutual aid agreements with other fire control agencies; and

   [(10)] (9)  Conduct educational work in the protection of forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves against fires[.];

provided that the issuance of burning permits shall be the responsibility of the department of permitting."

     SECTION 71.  Section 185-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The manager [will] shall minimize the threat of fires [by maintaining control through the issuance and management of burning permits or the establishment of] pursuant to rules adopted by the department, pursuant to chapter 91[.]; provided that the issuance of burning permits shall be the responsibility of the department of permitting.  On other lands where the department has direct fire protection responsibility, as described in section [[]185-1.5[]], and on adjoining property that offer a significant threat to those lands, the department shall establish agreements with the department [[]of[]] health to require burning plans acceptable to the managers and the county fire chief.  The issuance of permits shall be at the discretion of the issuing officer who shall take into account whether the issuance of a permit is compatible with safety.  Holders of permits shall start no fires during a heavy wind or without sufficient help present to control same and shall maintain a constant watch over the fires until they have been extinguished."

     SECTION 72.  Section 187A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§187A-3.5[]]  Aquaculturist license and license to sell prohibited aquatic life.  (a)  Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department of permitting may issue to any qualified aquaculturist a license to fish, possess, rear, and sell any aquatic life whose fishing, possession or sale is prohibited by closed season, minimum size, or bag limit; provided that the qualified aquaculturist rears or reared the aquatic life in an aquaculture facility.

     (b)  The department of permitting may further issue to any person a license to possess or sell or offer for sale any aquatic life whose possession or sale is prohibited by a closed season, minimum size, or bag limit; provided that the aquatic life was reared by a licensed qualified aquaculturist in an aquaculture facility pursuant to subsection (a).

     (c)  The department may adopt rules pursuant to chapter 91, to implement this section by establishing the licenses, fees, and terms or conditions necessary for the fishing, possession, or sale of aquatic life whose fishing, possession, or sale is prohibited by closed season, minimum size, or bag limit."

     SECTION 73.  Section 187A-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding the provisions of any other law, the department of permitting may issue permits, not longer than one year in duration, to any person to take aquatic life, possess or use fishing gear, or engage in any feeding, watching, or other such non-consumptive activity related to aquatic resources, otherwise prohibited by law, in any part of the State, for scientific, educational, management, or propagation purposes, subject to chapter 195D and subject to those restrictions the department deems desirable.  The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

     SECTION 74.  Section 188-23, Hawaii Revised Statutes, is amended to read as follows:

     "§188-23  Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception.  (a)  It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical energy with appurtenant devices for the introduction of electricity into the water, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department[.] of permitting.  The department may issue permits for the possession or use of electrofishing devices consistent with other legal requirements.

     (b)  It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life any of the following:

     (1)  Any petroleum, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance;

     (2)  Hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names, such as Clorox and Purex, and bleaching powders;

     (3)  Preparations containing rotenone, tephrosin, saponins, or plant materials from Barringtonia acutangula, Barringtonia asiatica, Barringtonia racemosa, Barringtonia longiracemosa, Barringtonia speciosa, Careya australis, Cocculus ferrandianus, Cocculus trilobus, Cocos nucifera, Hura crepitans, Hura polyandra, Piscidia acuminata, Piscidia carthagenensis, Piscidia erythrina, Planchonia careya, Tephrosia purpurea, Tephrosia piscatoria, Wikstroemia; and

     (4)  Any other substance or material deleterious to aquatic life;

except under the terms and conditions of a permit first obtained by the user from the department[.] of permitting.

     The department of permitting may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.

     The possession or use of these substances without a permit by any person on, in, or near the water where aquatic life can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.

     The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

     Nothing in this section shall be held or construed to be an amendment of the rules of the department of transportation."

     SECTION 75.  Section 188-31, Hawaii Revised Statutes, is amended to read as follows:

     "§188-31  Permits to take aquatic life for aquarium purposes.  (a)  Except as prohibited by law, the department[,] of permitting, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.

     (b)  Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department of permitting that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.

     (c)  It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.

     The department may adopt rules pursuant to chapter 91 for the purpose of this section.

     (d)  For the purposes of this section:

     (1)  "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and

     (2)  "Aquarium fish permit" means a permit issued by the [board] department of permitting for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes."

     SECTION 76.  Section 188-34, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It is unlawful to take or kill fish by means of any net in the waters of that portion of the bay of Hilo bounded by the breakwater, a line from the outer end of the breakwater to Alealea Point, and the shoreline from Alealea Point to the inshore end of the breakwater; provided that commercial marine and pond operators with appropriate licenses issued by the department of [land and natural resources] permitting may take bait fish or pua, or persons may use throw net, opae net, crab net, or nehu net not longer than fifty feet to take nehu for family consumption or bait purposes."

     SECTION 77.  Section 188-35, Hawaii Revised Statutes, is amended by amending subsections (c) through (e) to read as follows:

     "(c)  An owner or operator of a fish pond may take pua or other small fish, using nets, with a license obtained from the department of [land and natural resources] permitting and under rules the department of land and natural resources may adopt, for the purpose of stocking the fish pond.

     (d)  Commercial marine licensees, with a license from the department of [land and natural resources,] permitting, may take nehu, iao, or any other species of baitfish as authorized by section 188-45, using nets for bait purposes only.

     (e)  The department of permitting may issue licenses at its discretion and at any time may revoke any or all licenses when, in its judgment, the action is necessary to preserve the stock of fish in the canals or waters."

     SECTION 78.  Section 188-37, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department of permitting may issue permits to those persons with a valid commercial marine license issued pursuant to section 189-2 who own or operate a vessel deemed capable by the department for effectively taking marine life within the Northwestern Hawaiian Islands, and whenever the department deems necessary, it may limit the number of permits issued to take marine life in any particular area and such limitation shall be on the basis of the order of application for permits.  Issuance of permits shall be limited to persons utilizing methods or appliances approved by rule of the department, which need not be legal elsewhere within the State, and these permittees may take species of marine life, when and as approved by rule of the department.  The fee for the Northwestern Hawaiian Islands taking permit shall be established by the department by rules adopted in accordance with chapter 91.

     The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

     SECTION 79.  Section 188-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of permitting may issue a license to any owner or operator of a fish pond to lawfully catch the young mullet known as pua during the closed season, for the purpose of stocking the owner's or operator's pond, and lawfully sell pond raised mullet during the closed season."

     SECTION 80.  Section 188-45, Hawaii Revised Statutes, is amended to read as follows:

     "§188-45  Licenses for nehu, iao, and other baitfish.  The department of permitting may issue to commercial marine licensees, as defined in chapter 187A, licenses to take nehu, iao, or any other species for use as bait only.  The department of land and natural resources may adopt rules pursuant to chapter 91 for the purposes of this section.  The licenses may be issued by the department of permitting upon terms and conditions the department may deem necessary to conserve the supply of the fish within state waters.  The license may be summarily revoked for a violation of any term or condition of the license, and any or all licenses may be revoked summarily whenever, in the judgment of the department, the action is necessary for the conservation of the fish."

     SECTION 81.  Section 188-50, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It is unlawful for any person, except children below nine years of age, to fish, take, or catch any introduced freshwater game fish without first obtaining a license[.] from the department of permitting.  Children exempt by this section may fish, provided they are accompanied by a licensed person.  The department of land and natural resources may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter and to set fees for freshwater game fish fishing."

     SECTION 82.  Section 188-53, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It is unlawful for any person to enter any area established under this section without first obtaining a permit from the department[,] of permitting, if permits are required, or to violate any rule adopted by the department of land and natural resources governing same.

     The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

     SECTION 83.  Section 188-57, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve, during the closed season, Kona crabs or lobsters lawfully caught during the open season by first procuring a license to do so[.] from the department of permitting."

     SECTION 84.  Section 188-68, Hawaii Revised Statutes, is amended to read as follows:

     "§188-68  Permits for coral and rock with marine life attached.  The department of permitting may issue permits, as authorized by this section, section 187A-6, chapter 183C, or under rules adopted by the department of land and natural resources pursuant to chapter 91 necessary for collecting live stony corals or marine life visibly attached to rocks placed in the water for a commercial purpose."

     SECTION 85.  Section 189-6, Hawaii Revised Statutes, is amended to read as follows:

     "§189-6  Licenses for marine life from waters not within state jurisdiction.  Any other provision of law to the contrary notwithstanding, wherever the possession or sale of marine life or products within the State is prohibited as for instance by a closed season, the prohibition shall not apply where the marine life or products have been taken from or caught outside of the waters of the State and the possession or sale has been licensed by the department of [land and natural resources] permitting under rules adopted by the department[.] of land and natural resources.  The department may make rules pursuant to chapter 91 governing the issuance, suspension, and revocation and all other terms of the licenses.  In addition, the department may specify in the rules that any berried, undersized, or out-of-season lobsters taken from the waters of the Northwestern Hawaiian Islands may not be possessed and sold under authority of the license."

     SECTION 86.  Section 190-4, Hawaii Revised Statutes, is amended to read as follows:

     "§190-4  Permits.  The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by [it] the department of permitting for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district.  The department of permitting may revoke any permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation."

     SECTION 87.  Section 195D-4, Hawaii Revised Statutes, is amended by amending subsections (f) and (g) to read as follows:

     "(f)  The department of permitting may issue temporary licenses, under such terms and conditions as it may prescribe, to allow any act otherwise prohibited by subsection (e), for scientific purposes or to enhance the propagation or survival of the affected species.

     (g)  After consultation with the endangered species recovery committee, the [board] department of permitting may issue a temporary license as a part of a habitat conservation plan to allow a take otherwise prohibited by subsection (e) if the take is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity; provided that:

     (1)  The applicant, to the maximum extent practicable, shall minimize and mitigate the impacts of the take;

     (2)  The applicant shall guarantee that adequate funding for the plan will be provided;

     (3)  The applicant shall post a bond, provide an irrevocable letter of credit, insurance, or surety bond, or provide other similar financial tools, including depositing a sum of money in the endangered species trust fund created by section 195D-31, or provide other means approved by the board, adequate to ensure monitoring of the species by the State and to ensure that the applicant takes all actions necessary to minimize and mitigate the impacts of the take;

     (4)  The plan shall increase the likelihood that the species will survive and recover;

     (5)  The plan takes into consideration the full range of the species on the island so that cumulative impacts associated with the take can be adequately assessed;

     (6)  The measures, if any, required under section 195D-21(b) shall be met, and the department has received any other assurances that may be required so that the plan may be implemented;

     (7)  The activity, which is permitted and facilitated by issuing the license to take a species, does not involve the use of submerged lands, mining, or blasting;

     (8)  The cumulative impact of the activity, which is permitted and facilitated by the license, provides net environmental benefits; and

     (9)  The take is not likely to cause the loss of genetic representation of an affected population of any endangered, threatened, proposed, or candidate plant species.

[Board approval shall require an affirmative vote of not less than two-thirds of the authorized membership of the board after holding a public hearing on the matter on the affected island.]  The department shall notify the public of a proposed license under this section through publication in the periodic bulletin of the office of environmental quality control and make the application and proposed license available for public review and comment for not less than sixty days prior to approval."

     SECTION 88.  Section 200-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§200-6[]]  Limitation of private use of ocean waters and navigable streams.  (a)  No person shall erect or place any structure or similar object, or sink any type of watercraft or other sizeable object, or abandon any type of watercraft or other sizeable object, either sunk or unsunk, on or within the ocean waters or navigable streams of the State without a written permit from the department[.] of permitting.  The department may require any person violating this section to remove any structure, similar object, watercraft, or other sizeable object on or within the ocean waters or navigable streams of the State.  If any person fails to remove the same within a time limit set by the department, the department may effect the removal and charge the person with the cost thereof.  The department may enforce compliance with this section by the use of any appropriate remedy including, but not limited to, injunction or other equitable or legal process in the courts of the State.

     (b)  No person shall anchor, moor, or otherwise place any vessel, houseboat, or other contrivance on or within the ocean waters or navigable streams of the State without a permit from the department[.] of permitting.  This section shall not apply to:

     (1)  Vessels owned by the United States;

     (2)  Vessels engaged in interstate or foreign commerce; or

     (3)  Pleasure craft or fishing vessels temporarily anchored for a period of less than seventy-two hours.

The department may require any person violating this section to remove any vessel, houseboat, or other contrivance from the ocean waters or navigable streams of the State.  If any person fails to remove the same within the time limit set by the department, the department may effect the removal and charge the person with the cost thereof.  The department may enforce compliance with this section by the use of any appropriate remedy, including, but not limited to, injunction or other equitable or legal process in the courts of the State.  As used in this section:

     "Contrivance" means any human-made object or artificial arrangement not used or intended to be used for transportation which may be floated upon or suspended within the water.

     "Houseboat" means any vessel which is fitted for use as a permanent or temporary place of habitation, and is either stationary or capable of being moved by oars, sweeps, or towing.

     "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, power boats, ships, tugs, sailing vessels, barges, scows, lighters, ferry boats, pleasure craft, floating equipment, floating gear, dry docks, and any and all other watercraft.

     (c)  The permittee shall pay fees to the department for the offshore mooring permit issued by the department[.] of permitting.  The fees shall be based on, but not limited to, the use of the vessel, its effect on the waters and aquatic resources of the State, and the administrative expenses incurred by the department and other state agencies in administering offshore mooring.  All revenues collected under this section shall be deposited in the boating special fund."

     SECTION 89.  Section 200-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Vessels used for purposes of recreational boating activities which are also the principal habitation of the owners shall occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of the respective total moorage space that was available as of July 1, 1976, at the Ala Wai and Keehi boat harbors.  Notwithstanding the purposes of small boat harbors, moorage for commercial vessels and commercial vessel activities is not permitted in the Ala Wai and Keehi boat harbors; provided that commercial catamarans, for which valid permits or registration certificates have been issued by the department of permitting which allow the catamarans to operate upon Waikiki shore waters for hire, may be permitted to moor in Ala Wai boat harbor at facilities leased for commercial purposes.  The department shall allow a sole proprietor of a catamaran operating with a valid commercial registration certificate issued by the department of permitting for a commercial catamaran to land its commercial catamaran on Waikiki beach and to operate upon Waikiki shore waters for hire, to transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial registration certificate.  The existing commercial registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity.  No commercial registration issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with chapter 91."

     SECTION 90.  Section 200-10, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  No person shall moor a vessel in a state small boat harbor without:

     (1)  First obtaining a use permit from the department[;] of permitting; and

     (2)  Being the owner of the vessel."

      2.  By amending subsection (d) to read:

     "(d)  The department of permitting shall not renew or issue a permit to a person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor.  Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits.  The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity.

     For the purposes of this section, "person" means any individual, firm, partnership, corporation, trust, association, joint venture, organization, institution, or any other legal entity, and "owner" includes the legal owner of a vessel where there is no security interest held by anyone on the vessel, a buyer under a purchase money security interest, a debtor under any security interest, a demise charterer of a vessel, or a lessee or charterer of a vessel under a lease or charter which provides the lessee or charterer with exclusive right to possession of the vessel to the exclusion of the lessor or the person from whom the vessel is chartered.  No permittee shall be allowed to moor a leased vessel in a berth unless the terms of the lease are set at fair market value.  A "legal owner" includes a person who holds unencumbered title to a vessel or is a secured party under a security interest in the vessel.  An owner who is issued a permit to moor a vessel in a state small boat harbor shall notify the department in writing of a transfer of interest or possession in the vessel within seven days of transfer.

     Any person owning an interest in a corporation or other business entity possessing a valid commercial permit issued by the department[,] of permitting, in accordance with rules adopted by the chairperson pursuant to chapter 91, may transfer any or all stock or other interest to another person without terminating the right of the corporation or business entity to retain or renew its commercial permit or any other permit issued to it by the department[;] of permitting; provided that:

     (1)  The corporation or business entity has been engaged in the same commercial vessel activity, as defined in section 200-9, for a minimum of one year; and

     (2)  The seller shall pay the department a business transfer fee based on the passenger-carrying capacity of the vessels owned or operated by the corporation or business entity as provided by rules adopted by the chairperson pursuant to chapter 91.

Any person possessing a commercial permit shall be required to meet minimum revenue standards, as a condition of retaining or renewing the commercial permit."

     SECTION 91.  Section 200-37, Hawaii Revised Statutes, is amended as follows:

1.  By amending subsection (j) to read:

     "(j)  All commercial use and operator permits issued by the department of permitting for commercial thrill craft, and parasailing activities shall be fully transferable upon the payment of a business transfer fee in an amount determined by the department, which shall be no greater than six per cent of the transfer price; provided that no more than one transfer every two years shall be authorized with respect to any given permit, except transfers between family members for the purpose of business reorganization."

     2.  By amending subsections (l) and (m) to read:

     "(l)  All new commercial use and operator permits issued by the department of permitting for commercial thrill craft, and parasailing activities after June 18, 1996 shall be issued at public auction.

     (m)  Each commercial use and operator permit issued by the department of permitting for commercial thrill craft, and parasailing activities shall be valid for five years from the date of issuance and shall be renewed by the department of permitting for additional five-year periods, not to exceed a maximum of twenty years; provided that the permit holder shall have met the following conditions:

     (1)  The permit holder shall be in compliance with all applicable rules of the department;

     (2)  The permit holder shall have timely filed and paid all applicable state taxes during the year; and

     (3)  The permit holder shall have a good safety record regarding the operation of a commercial thrill craft, or parasailing activity."

     SECTION 92.  Section 200-39, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Permits issued by the department of permitting for the commercial operation of ocean use activities in Kaneohe Bay shall be limited to the number and locations, by permit type and vessel and passenger capacity, provided in the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, until applicable rules consistent with the master plan are adopted by the department; provided that the passenger capacity for snorkeling tours and glassbottom boat tours shall be set through rules adopted pursuant to chapter 91.  No thrill craft permit may be transferred after June 21, 1998; provided that transfers of permits may be made at any time between family members."

     SECTION 93.  Effective July 1, 2011, the functions and employees relating to permits and licenses of the department of land and natural resources shall be transferred to the department of permitting.

PART IV

     SECTION 94.  All rights, powers, functions, and duties of the department of agriculture and the department of land and natural resources relating to permitting are transferred to the department of permitting.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 95.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture or the department of land and natural resources relating to the functions transferred to the department of permitting shall be transferred with the functions to which they relate.

PART V

     SECTION 96.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 97.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 98.  Except as specifically provided in this Act, this Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Department of Permitting; DOA; DLNR

 

Description:

Establishes a state department of permitting.  Transfers functions and duties relating to permits and licenses from department of agriculture and department of land and natural resources to department of permitting.

 

 

 

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