REPORT TITLE:
Regulatory Processes


DESCRIPTION:
Adds conditions and good cause exceptions to the law providing
for the automatic approval of business or development-related
permits, licenses, or approvals.  Provides that permits issued
under the coastal zone management law are not subject to the
automatic permit approval law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1535
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REGULATORY PROCESSES.



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

 1      SECTION 1.  The purpose of this Act is to provide for
 
 2 conditions and good cause exceptions to the automatic approval of
 
 3 business or development related permits to prevent abdication of
 
 4 the government's constitutional duty to govern.
 
 5      SECTION 2.  Section 91-13.5, Hawaii Revised Statutes, is
 
 6 amended by amending subsections (c), (d), and (e) to read as
 
 7 follows:
 
 8      "(c)  All such issuing agencies shall take action to grant
 
 9 or deny any application for a business or development-related
 
10 permit, license, or approval within the established maximum
 
11 period of time, or the application shall be deemed approved[.]
 
12 subject to other reasonable conditions that may be required by
 
13 the agency or by law; provided that if an agency can reasonably
 
14 show good cause to the governor why an extension of time is
 
15 necessary, the governor may grant a fixed additional period of
 
16 time.
 
17      (d)  The maximum period of time established pursuant to this
 
18 section shall be extended [in]:
 
19      (1)  In the event of a national disaster, state emergency,
 

 
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                                     S.B. NO.           1535
                                                        
                                                        

 
 1           or union strike, which would prevent the applicant, the
 
 2           agency, or the department from fulfilling application
 
 3           or review requirements.; or
 
 4      (2)  Upon a showing of reasonable good cause to the
 
 5           governor.
 
 6      (e)  For purposes of this section, "application for a
 
 7 business or development-related permit, license, or approval"
 
 8 means any state or county application, petition, permit, license,
 
 9 certificate, or any other form of a request for approval required
 
10 by law to be obtained prior to the formation, operation, or
 
11 expansion of a commercial or industrial enterprise, or for any
 
12 permit, license, certificate, or any form of approval required
 
13 under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C,
 
14 205, [205A,] 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E,
 
15 342F, 342G, 342H, 342I, 342J, 342L, and 342P."
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________