Air Pollution Control

Clarifies public notice requirements.

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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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.
23                           INTRODUCED BY: ________________________

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