REPORT TITLE:
OEQC; Periodic Bulletin


DESCRIPTION:
Amends various sections of the land use, coastal zone management,
and environmental laws to require notice of various agencies'
consideration of permit applications which may affect the
environment, economy, culture, or social welfare of the State, in
the OEQC's periodic bulletin.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        563
THE SENATE                              S.B. NO.           S.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
 
13 periodic bulletin of the office of environmental quality control.
 
14 Within thirty days after receiving a completed application for an
 
15 injection well, except for actions permitted by rule or general
 
16 permit, the director shall notify the office of environmental
 
17 quality control of the receipt of the application and submit a
 
18 notice to the office for publication in the office's periodic
 
19 bulletin.  Failure to provide the notice required by this section
 

 
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 1 shall not stay the issuance or the effectiveness of a permit or
 
 2 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
 
 7 periodic bulletin of the office of environmental quality control.
 
 8 Within thirty days after receiving a completed application for a
 
 9 permit, except for actions permitted by rule or general permit,
 
10 the director shall notify the office of environmental quality
 
11 control of the receipt of the application and submit a notice to
 
12 the 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
 
20 periodic bulletin of the office of environmental quality control.
 
21 Within thirty days after receiving a completed application for a
 
22 permit, except for actions permitting individual wastewater
 
23 systems or actions permitted by rule or general permit, the
 

 
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 1 director shall notify the office of environmental quality control
 
 2 of the receipt of the application and submit a notice to the
 
 3 office for publication in the office's periodic bulletin.
 
 4 Failure to provide the notice required by this section shall not
 
 5 stay the issuance or the effectiveness of a permit or its
 
 6 renewal, if 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
 
11 periodic bulletin of the office of environmental quality control.
 
12 Within thirty days after receiving a completed application for a
 
13 permit, except for actions permitted by rule or general permit,
 
14 the director shall notify the office of environmental quality
 
15 control of the receipt of the application and submit a notice to
 
16 the 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:
 
23      "342J-       Publication of application for permit in
 

 


 

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

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

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

 
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 1           funds that are made available by the United States and
 
 2           the State for the coastal zone management program;
 
 3      (2)  Provide support and assistance in the administration of
 
 4           the coastal zone management program;
 
 5      (3)  Review federal programs, permits, licenses, and
 
 6           development proposals for consistency with the coastal
 
 7           zone management program; notify the office of
 
 8           environmental quality control of the existence of these
 
 9           programs, permits, licenses, and development proposals;
 
10           and submit a notice to the office for publication in
 
11           the office's periodic bulletin;
 
12      (4)  Consult with the counties and the public in preparing
 
13           guidelines to further specify and clarify the
 
14           objectives and policies of [the] this chapter [to be],
 
15           which shall be submitted to the legislature at least
 
16           twenty days prior to the convening of any regular
 
17           session [of the legislature] for review, modification,
 
18           or enactment [by the legislature];
 
19      (5)  Conduct a continuing review of the administration of
 
20           the coastal zone management program and of the
 
21           compliance of state and county agencies with the
 
22           objectives and policies of this chapter;
 
23      (6)  Facilitate public participation in the coastal zone
 

 
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 1           management program;
 
 2      (7)  Prepare and periodically update a plan for use of
 
 3           coastal zone management funds to resolve coastal
 
 4           problems and issues that are not adequately addressed
 
 5           by existing laws and rules;
 
 6      (8)  Advocate agency compliance with this chapter [205A];
 
 7      (9)  Monitor the coastal zone management-related enforcement
 
 8           activities of the state and county agencies responsible
 
 9           for the administration of the objectives and policies
 
10           of this chapter;
 
11     (10)  Prepare an annual report to the governor and the
 
12           legislature, which shall include recommendations for
 
13           the enactment of any legislation necessary to require
 
14           [any] an agency to comply with the objectives and
 
15           policies of this chapter and any guidelines enacted by
 
16           the legislature; and
 
17     (11)  Coordinate the implementation of the ocean resources
 
18           management plan."
 
19      SECTION 11.  Section 205A-29, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  The authority in each county, upon consultation with
 
22 the central coordinating agency, shall adopt rules under
 
23 chapter 91 setting the special management area use permit
 

 
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 1 application procedures, conditions under which hearings must be
 
 2 held, and the time periods within which the hearing and action
 
 3 for special management area use permits shall occur.  The
 
 4 authority shall provide for adequate notice to individuals whose
 
 5 property rights may be adversely affected and to persons who have
 
 6 requested in writing to be notified of special management area
 
 7 use permit hearings or applications.  The authority shall also
 
 8 provide public notice statewide at least twenty days in advance
 
 9 of the hearing.  The authority may require a reasonable filing
 
10 fee, which shall be used for the purposes set forth [herein.] in
 
11 this section.  Within fifteen days after receiving an application
 
12 for a special management area permit, the authority shall notify
 
13 the office of environmental quality control of the receipt of the
 
14 application and submit a notice to the office for publication in
 
15 the office's periodic bulletin; provided that failure to provide
 
16 the notice required by this subsection shall not stay the
 
17 issuance of a special management area permit or its renewal, if
 
18 applicable.
 
19      Any rule adopted by the authority shall be consistent with
 
20 the objectives, policies, and special management area guidelines
 
21 provided in this chapter.  Action on the special management
 
22 permit shall be final unless otherwise mandated by court order."
 
23      SECTION 12.  Section 343-3, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "343-3 Public records and notice.(a)  All environmental
 
 3 impact statements, environmental assessments, draft environmental
 
 4 impact statements, draft environmental assessments, and other
 
 5 documents prepared under this chapter shall be made available for
 
 6 inspection by the public during established office hours.
 
 7      (b)  The office shall inform the public of notices filed by
 
 8 agencies of [the]:
 
 9      (1)  The availability of environmental assessments and draft
 
10           environmental assessments for review and comments[, of
 
11           determinations that];
 
12      (2)  Determinations that environmental impact statements are
 
13           required or not required[, of the availability of];
 
14      (3)  The availability of environmental impact statements and
 
15           draft environmental impact statements for review and
 
16           comments[, and of the acceptance or nonacceptance of];
 
17      (4)  The acceptance or nonacceptance of environmental impact
 
18           statements[.];
 
19      (5)  Permit applications submitted pursuant to chapters
 
20           340E, 342B, 342D, 342H, and 342J;
 
21      (6)  Land use district boundary amendment petitions and
 
22           applications, and special permit petitions affecting
 
23           agricultural and rural districts, submitted pursuant to
 

 
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 1           chapter 205;
 
 2      (7)  Special management area permit applications and
 
 3           development proposals subject to consistency review
 
 4           pursuant to chapter 205A; and
 
 5      (8)  Other environmental notices, including federal notices.
 
 6      (c)  The office shall inform the public of:
 
 7      (1)  A public comment process or public hearing if a federal
 
 8           agency provides for the public comment process or
 
 9           public hearing to process a habitat conservation plan,
 
10           safe harbor agreement, or incidental take license
 
11           pursuant to the federal Endangered Species Act;
 
12      (2)  A proposed habitat conservation plan or proposed safe
 
13           harbor agreement, and availability for inspection of
 
14           the proposed agreement, plan, and application to enter
 
15           into a planning process for the preparation and
 
16           implementation of the habitat conservation plan for
 
17           public review and comment; and
 
18      (3)  A proposed incidental take license as part of a habitat
 
19           conservation plan or safe harbor agreement.
 
20      (d)  The office shall inform the public of the availability
 
21 of the documents described in subsections (b) and (c) by the
 
22 publication of a periodic bulletin [to], which shall be available
 
23 to persons requesting this information.  The bulletin shall be
 

 
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 1 available through the office and public libraries."
 
 2      SECTION 13.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 14.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 15.  This Act shall take effect upon its approval.