REPORT TITLE:
Air Pollution Control

DESCRIPTION:
Clarifies public notice requirements.


 
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                                                        2871
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AIR POLLUTION CONTROL PUBLIC NOTIFICATION.



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

 1      SECTION 1.  The Legislature finds that section 342B-13,
 
 2 Hawaii Revised Statutes, on public notification, is confusing and
 
 3 inconsistent with the notice requirements of Act 2, Session Laws
 
 4 of Hawaii 1998, and creates an unnecessary expense for the
 
 5 Department of Health.  To provide a more streamlined, consistent,
 
 6 and cost-effective means of public notice, Act 2, among other
 
 7 things, made widespread changes to the Hawaii Revised Statutes
 
 8 and inadvertently revised section 342B-13 to require public
 
 9 notification for air permits to be given twice weekly.  No
 
10 federal regulation requires notices to be published twice weekly.
 
11 Furthermore, the existing language is ambiguous because it does
 
12 not identify the duration for the twice weekly notices.
 
13      This bill furthers the purposes of Act 2, eliminates the
 
14 requirement that notices be published twice weekly, and provides
 
15 that public notification be given once in the county affected by
 
16 the proposed action.
 
17      SECTION 2.  Section 342B-13, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "342B-13  Public participation.(a)  Except as provided in
 

 
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 1 subsections (b) and (c), where public participation is deemed
 
 2 appropriate by the director or is required, the director shall
 
 3 provide for notice and opportunity for public comment as follows:
 
 4      (1)  The director shall make available for public inspection
 
 5           in at least one location in the county affected by the
 
 6           proposed action, or in which the source is or would be
 
 7           located:
 
 8           (A)  Information on the subject matter;
 
 9           (B)  All information submitted by the applicant, except
 
10                for that deemed confidential;
 
11           (C)  The department's analysis and proposed action; and
 
12           (D)  Other information and documents deemed appropriate
 
13                by the department;
 
14      (2)  The director shall notify the public of the
 
15           availability of information listed in paragraph (1).
 
16           Public notification shall be given [at least twice
 
17           weekly] once in the county affected by the proposed
 
18           action, or in which the source is or would be located;
 
19      (3)  Public notice shall be mailed to any person, group, or
 
20           agency upon request;
 
21      (4)  The director shall provide a period of not less than
 
22           thirty days following the date of the public notice
 

 
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 1           during which time interested persons may submit written
 
 2           comments on the subject matter, application,
 
 3           department's analysis and proposed actions, and other
 
 4           appropriate considerations.  The period for comment may
 
 5           be extended at the discretion of the director; and
 
 6      (5)  The director, at the director's sole discretion, may
 
 7           hold a public hearing if the public hearing would aid
 
 8           in the director's decision.  Any person may request a
 
 9           public hearing.  The request shall be in writing and
 
10           shall be filed within the thirty-day comment period
 
11           prescribed in paragraph (4) and shall indicate the
 
12           interest of the party filing the request and the
 
13           reasons why a hearing is warranted.  The director shall
 
14           give the public notice for a hearing in accordance with
 
15           paragraph (2) at least thirty days in advance of the
 
16           hearing date and shall conduct the hearing in the
 
17           county which would be affected by the proposed action,
 
18           or in which the source is or would be located."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY: ________________________
 

 
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