REPORT TITLE:
OEQC; Periodic Bulletin


DESCRIPTION:
Requires publication of environmentally related permit
applications in the OEQC bulletin.  (HB208 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        208
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL.



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

 1      SECTION 1.  The legislature finds that the public should
 
 2 have the opportunity to learn about, and participate in, the
 
 3 planning decisions of government.  The legislature further finds
 
 4 that the office of environmental quality control's periodic
 
 5 bulletin provides a vehicle by which the public can be informed
 
 6 about, and afforded the opportunity to provide timely input on,
 
 7 development proposals that may affect the environment, economy,
 
 8 culture, and social welfare of the State.
 
 9      SECTION 2.  Chapter 340E, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "340E-    Publication of application for permit in periodic
 
13 bulletin of the office of environmental quality control.  Within
 
14 thirty days after receiving a completed application for an
 
15 injection well permit, except for actions permitted by rule or
 
16 general permit, the director shall notify the office of
 
17 environmental quality control of the receipt of the application
 
18 and submit a notice to the office for publication in the office's
 
19 periodic bulletin.  Failure to provide the notice required by
 

 
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 1 this section shall not stay the issuance or the effectiveness of
 
 2 a permit or its renewal, if applicable."
 
 3      SECTION 3.  Chapter 342B, Hawaii Revised Statutes, is
 
 4 amended by adding a new section to be appropriately designated
 
 5 and to read as follows:
 
 6      "342B-    Publication of application for permit in periodic
 
 7 bulletin of the office of environmental quality control.  Within
 
 8 thirty days after receiving a completed application for a permit,
 
 9 except for actions permitted by rule or general permit, the
 
10 director shall notify the office of environmental quality control
 
11 of the receipt of the application and submit a notice to the
 
12 office for publication in the office's periodic bulletin.
 
13 Failure to provide the notice required by this section shall not
 
14 stay the issuance or the effectiveness of a permit or its
 
15 renewal, if applicable."
 
16      SECTION 4.  Chapter 342D, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "342D-    Publication of application for permit in periodic
 
20 bulletin of the office of environmental quality control.  Within
 
21 thirty days after receiving a completed application for a permit,
 
22 except for actions permitting individual wastewater systems or
 
23 actions permitted by rule or general permit, the director shall
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 notify the office of environmental quality control of the receipt
 
 2 of the application and submit a notice to the office for
 
 3 publication in the office's periodic bulletin.  Failure to
 
 4 provide the notice required by this section shall not stay the
 
 5 issuance or the effectiveness of a permit or its renewal, if
 
 6 applicable."
 
 7      SECTION 5.  Chapter 342H, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to be appropriately designated
 
 9 and to read as follows:
 
10      "342H-    Publication of application for permit in periodic
 
11 bulletin of the office of environmental quality control.  Within
 
12 thirty days after receiving a completed application for a permit,
 
13 except for actions permitted by rule or general permit, the
 
14 director shall notify the office of environmental quality control
 
15 of the receipt of the application and submit a notice to the
 
16 office for publication in the office's periodic bulletin.
 
17 Failure to provide the notice required by this section shall not
 
18 stay the issuance or the effectiveness of a permit or its
 
19 renewal, if applicable."
 
20      SECTION 6.  Chapter 342J, Hawaii Revised Statutes, is
 
21 amended by adding a new section to be appropriately designated
 
22 and to read as follows:
 

 
 
 
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 1      "342J-    Publication of application for permit in periodic
 
 2 bulletin of the office of environmental quality control.  Within
 
 3 thirty days after receiving a completed application for a permit,
 
 4 except for actions permitted by rule or general permit, the
 
 5 director shall notify the office of environmental quality control
 
 6 of the receipt of the application and submit a notice to the
 
 7 office for publication in the office's periodic bulletin.
 
 8 Failure to provide the notice required by this section shall not
 
 9 stay the issuance or the effectiveness of a permit or its
 
10 renewal, if applicable."
 
11      SECTION 7.  Section 205-3.1, Hawaii Revised Statutes, is
 
12 amended by amending subsection (d) to read as follows:
 
13      "(d)  The county land use decision-making authority shall
 
14 serve a copy of the application for a district boundary amendment
 
15 to the land use commission and the department of business,
 
16 economic development, and tourism and shall notify the commission
 
17 and the department of the time and place of the hearing and the
 
18 proposed amendments scheduled to be heard at the hearing.  Within
 
19 thirty days after receiving an application for a district
 
20 boundary amendment, the county land use decision-making authority
 
21 shall notify the office of environmental quality control of the
 
22 receipt of the application and submit a notice to the office for
 
23 publication in the office's periodic bulletin; provided that
 

 
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 1 failure to provide the notice required by this provision shall
 
 2 not stay the approval of a district boundary amendment
 
 3 application.
 
 4      A change in the state land use district boundaries pursuant
 
 5 to this subsection shall become effective on the day designated
 
 6 by the county land use decision-making authority in its decision.
 
 7 Within sixty days of the effective date of any decision to amend
 
 8 state land use district boundaries by the county land use
 
 9 decision-making authority, the decision and the description and
 
10 map of the affected property shall be transmitted to the land use
 
11 commission and the department of business, economic development,
 
12 and tourism by the county planning director."
 
13      SECTION 8.  Section 205-4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  Upon proper filing of a petition pursuant to
 
16 subsection (a) the commission [shall], within not less than sixty
 
17 and not more than one hundred and eighty days, shall conduct a
 
18 hearing on the appropriate island in accordance with [the
 
19 provisions of] sections 91-9, 91-10, 91-11, 91-12, and 91-13, as
 
20 applicable.  Within thirty days after receiving a properly filed
 
21 petition for a district boundary amendment, the commission shall
 
22 notify the office of environmental quality control of the receipt
 
23 of the petition and submit a notice to the office for publication
 

 
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 1 in the office's periodic bulletin; provided that failure to
 
 2 provide the notice required by this provision shall not stay the
 
 3 approval of a district boundary amendment petition."
 
 4      SECTION 9.  Section 205-6, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (b) to read as follows:
 
 6      "(b)  The planning commission, upon consultation with the
 
 7 central coordinating agency, except in counties where the
 
 8 planning commission is advisory only in which case the central
 
 9 coordinating agency, shall establish by rule [or regulation], the
 
10 time within which the hearing and action on the petition for the
 
11 special permit shall occur.  The county planning commission shall
 
12 notify the land use commission and [such] those persons and
 
13 agencies that may have an interest in the subject matter of the
 
14 time and place of the hearing.  Within thirty days after
 
15 receiving a petition for a special permit, the county planning
 
16 commission shall notify the office of environmental quality
 
17 control of the receipt of the petition and submit a notice to the
 
18 office for publication in the office's periodic bulletin;
 
19 provided that failure to provide the notice required by this
 
20 provision shall not stay the issuance of a special permit."
 
21      SECTION 10.  Section 205A-3, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "205A-3 Lead agency.  The lead agency shall:
 
 2      (1)  Receive, disburse, use, expend, and account for all
 
 3           funds that are made available by the United States and
 
 4           the State for the coastal zone management program;
 
 5      (2)  Provide support and assistance in the administration of
 
 6           the coastal zone management program;
 
 7      (3)  Review federal programs, permits, licenses, and
 
 8           development proposals for consistency with the coastal
 
 9           zone management program; notify the office of
 
10           environmental quality control of the existence of these
 
11           federal programs, permits, licenses, and development
 
12           proposals; and submit a notice to the office for
 
13           publication in the office's periodic bulletin; provided
 
14           that failure to provide the notice required by this
 
15           paragraph shall not stay the issuance of a permit or
 
16           license, or its renewal, if applicable;
 
17      (4)  Consult with the counties and the public in preparing
 
18           guidelines to further specify and clarify the
 
19           objectives and policies of [the] this chapter [to be],
 
20           which shall be submitted to the legislature at least
 
21           twenty days prior to the convening of any regular
 
22           session [of the legislature] for review, modification,
 
23           or enactment [by the legislature];
 

 
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 1      (5)  Conduct a continuing review of the administration of
 
 2           the coastal zone management program and of the
 
 3           compliance of state and county agencies with the
 
 4           objectives and policies of this chapter;
 
 5      (6)  Facilitate public participation in the coastal zone
 
 6           management program;
 
 7      (7)  Prepare and periodically update a plan for the use of
 
 8           coastal zone management funds to resolve coastal
 
 9           problems and issues that are not adequately addressed
 
10           by existing laws and rules;
 
11      (8)  Advocate agency compliance with this chapter [205A];
 
12      (9)  Monitor the coastal zone management-related enforcement
 
13           activities of the state and county agencies responsible
 
14           for the administration of the objectives and policies
 
15           of this chapter;
 
16     (10)  Prepare an annual report to the governor and the
 
17           legislature, which shall include recommendations for
 
18           the enactment of any legislation necessary to require
 
19           [any] an agency to comply with the objectives and
 
20           policies of this chapter and any guidelines enacted by
 
21           the legislature; and
 
22     (11)  Coordinate the implementation of the ocean resources
 
23           management plan."
 

 
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 1      SECTION 11.  Section 205A-29, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The authority in each county, upon consultation with
 
 4 the central coordinating agency, shall adopt rules under
 
 5 chapter 91 setting the special management area use permit
 
 6 application procedures, conditions under which hearings must be
 
 7 held, and the time periods within which the hearing and action
 
 8 for special management area use permits shall occur.  The
 
 9 authority shall provide for adequate notice to individuals whose
 
10 property rights may be adversely affected and to persons who have
 
11 requested in writing to be notified of special management area
 
12 use permit hearings or applications.  The authority shall also
 
13 provide public notice statewide at least twenty days in advance
 
14 of the hearing.  The authority may require a reasonable filing
 
15 fee, which shall be used for the purposes set forth [herein.] in
 
16 this section.  Within thirty days after receiving an application
 
17 for a special management area permit, the authority shall notify
 
18 the office of environmental quality control of the receipt of the
 
19 application and submit a notice to the office for publication in
 
20 the office's periodic bulletin; provided that failure to provide
 
21 the notice required by this provision shall not stay the issuance
 
22 of a special management area permit or its renewal, if
 
23 applicable.
 

 
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 1      Any rule adopted by the authority shall be consistent with
 
 2 the objectives, policies, and special management area guidelines
 
 3 provided in this chapter.  Action on the special management
 
 4 permit shall be final unless otherwise mandated by court order."
 
 5      SECTION 12.  Section 343-3, Hawaii Revised Statutes, is
 
 6 amended as follows:
 
 7      1.  By amending subsections (a) and (b) to read:
 
 8      "(a)  All environmental impact statements, environmental
 
 9 assessments, draft environmental impact statements, draft
 
10 environmental assessments, and other documents prepared under
 
11 this chapter shall be made available for inspection by the public
 
12 during established office hours.
 
13      (b)  The office shall inform the public of notices filed by
 
14 agencies of [the]:
 
15      (1)  The availability of environmental assessments and draft
 
16           environmental assessments for review and comments[, of
 
17           determinations];
 
18      (2)  Determinations that environmental impact statements are
 
19           required or not required[, of the];
 
20      (3)  The availability of environmental impact statements and
 
21           draft environmental impact statements for review and
 
22           comments[, and of the];
 

 
 
 
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 1      (4)  The acceptance or nonacceptance of environmental impact
 
 2           statements[.];
 
 3      (5)  Permit applications submitted pursuant to chapters
 
 4           340E, 342B, 342D, 342H, and 342J;
 
 5      (6)  Land use district boundary amendment petitions and
 
 6           applications, and special permit petitions affecting
 
 7           agricultural and rural districts, submitted pursuant to
 
 8           chapter 205;
 
 9      (7)  Special management area permit applications and
 
10           development proposals subject to consistency review
 
11           pursuant to chapter 205; and
 
12      (8)  Other environmental notices, including federal
 
13           notices."
 
14      2.  By amending subsection (d) to read:
 
15      "(d)  The office shall inform the public of the availability
 
16 of the documents described in subsections (b) and (c) by the
 
17 publication of a periodic bulletin [to], which shall be available
 
18 to persons requesting this information.  The bulletin shall be
 
19 available through the office and public libraries."
 
20      SECTION 13.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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 1      SECTION 14.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 15.  This Act shall take effect upon its approval.