REPORT TITLE:
PUC; Conservation District Use


DESCRIPTION:
Requires the PUC to authorize the need for an electrical
utility's proposed capital project within a conservation district
before the department of land and natural resources may accept
the utility's application for a conservation district use permit.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2282
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PUBLIC UTILITIES COMMISSION. 


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

 1      SECTION 1.  Chapter 269, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�269-    Authorization of need; conservation district use
 
 5 permits.  Whenever a public utility engaged in the production,
 
 6 conveyance, transmission, delivery, or furnishing of light and
 
 7 power proposes a capital project within the boundaries of a
 
 8 conservation district for which an environmental impact statement
 
 9 is required under chapter 343, the commission shall issue an
 
10 order authorizing or denying the need and scope of the project
 
11 prior to the acceptance of a completed application for a
 
12 conservation district use permit by the department of land and
 
13 natural resources under section 183C-6."
 
14      SECTION 2.  Section 183C-6, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  The department shall render a decision on a completed
 
17 application for a permit within one-hundred-eighty days of its
 
18 acceptance by the department.  In the case of a public utility
 
19 engaged in the production, conveyance, transmission, delivery, or
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 furnishing of light and power proposing a capital project within
 
 2 the boundaries of the conservation district for which an
 
 3 environmental impact statement is required pursuant to
 
 4 chapter 343, no application shall be deemed to be complete until
 
 5 the department has received an order from the public utilities
 
 6 commission authorizing the need and scope of the proposed action
 
 7 pursuant to section 269-  .  If within one-hundred-eighty days
 
 8 after acceptance of a completed application for a permit, the
 
 9 department shall fail to give notice, hold a hearing, and render
 
10 a decision, the owner may automatically put the owner's land to
 
11 the use or uses requested in the owner's application.  When an
 
12 environmental impact statement is required pursuant to chapter
 
13 343, or when a contested case hearing is requested pursuant to
 
14 chapter 91, the one-hundred-eighty days may be extended an
 
15 additional ninety days at the request of the applicant.  Any
 
16 request for additional extensions shall be subject to the
 
17 approval of the board."
 
18      SECTION 3.  New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.