Report Title:

Business or Development-Related Permits, Licenses, or Approvals

 

Description:

Repeals automatic approval provisions and provides for a substitution remedy of a private right of action to enforce the time limits under the automatic permit approval law.

 


THE SENATE

S.B. NO.

1256

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO BUSINESS OR DEVELOPMENT-RELATED PERMITS, LICENSES, OR APPROVALS.

 

 

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

 


     SECTION 1.  Section 91-13.5, Hawaii Revised Statutes, is amended to read as follows:

     "§91-13.5  Maximum time period for business or development-related permits, licenses, or approvals; [automatic approval; extensions.] enforcement; fees and costs; public notice.  (a)  Unless otherwise provided by law, an agency shall adopt rules that specify a maximum time period to grant or deny a business or development-related permit, license, or approval; provided that the application is not subject to state administered permit programs delegated, authorized, or approved under federal law.

     (b)  All such issuing agencies shall clearly articulate informational requirements for applications and review applications for completeness in a timely manner.

     (c)  All such issuing agencies shall take action to grant or deny any application for a business or development-related permit, license, or approval within the established maximum period of time[, or the application shall be deemed approved; provided that a delay in granting or denying an application caused by the lack of quorum at a regular meeting of the issuing agency shall not result in approval under this subsection; provided further that any subsequent lack of quorum at a regular meeting of the issuing agency that delays the same matter shall not give cause for further extension, unless an extension is agreed to by all parties].

     (d)  Notwithstanding any other law to the contrary, any agency that reviews and comments upon an application for a business or development-related permit, license, or approval for a housing project developed under section 201H-38 shall respond within forty-five days of receipt of the application, or the application shall be deemed acceptable as submitted to the agency.

     (e)  The maximum period of time established pursuant to this section shall be extended in the event of a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or the department from fulfilling application or review requirements.

     (f)  This section shall not apply to:

     (1)  Any proceedings of the public utilities commission; or

     (2)  Any county or county agency that is exempted by county ordinance from this section.

     (g)  For purposes of this section, "application for a business or development-related permit, license, or approval" means any state or county application, petition, permit, license, certificate, or any other form of a request for approval required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise, or for any permit, license, certificate, or any form of approval required under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C, 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P.

(h)  Any applicant for a business or development-related permit, license, or approval subject to this section may maintain an action, in the circuit court having jurisdiction where the alleged violation occurred, for mandatory injunctive relief against any agency or official of the State or its political subdivisions to enforce the provisions of this section.

     (i)  In any civil action to enforce the provisions of this section, the court may award reasonable attorneys' fees and costs to the prevailing party.

     (j)  In addition to any other notice that may be prescribed by law, the plaintiff in an action to enforce the provisions of this section shall file, not later than the date on which the complaint is filed in circuit court, a copy of the complaint with the office of environmental quality control."

     SECTION 2.  Section 343-3, Hawaii Revised Statutes, is amended to read as follows:

     "§343-3  Public records and notice.  (a)  All statements, environmental assessments, and other documents prepared under this chapter shall be made available for inspection by the public during established office hours.

     (b)  The office shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that statements are required or not required, of the availability of statements for review and comments, and of the acceptance or nonacceptance of statements.

     (c)  The office shall inform the public of:

     (1)  A public comment process or public hearing if a federal agency provides for the public comment process or public hearing to process a habitat conservation plan, safe harbor agreement, or incidental take license pursuant to the federal Endangered Species Act;

     (2)  A proposed habitat conservation plan or proposed safe harbor agreement, and availability for inspection of the proposed agreement, plan, and application to enter into a planning process for the preparation and implementation of the habitat conservation plan for public review and comment;

     (3)  A proposed incidental take license as part of a habitat conservation plan or safe harbor agreement; [and]

     (4)  An application for the registration of land by accretion pursuant to section 501-33 or 669-1(e) for any land accreted along the ocean[.]; and

     (5)  The filing of a civil action to enforce section 91-13.5.

     (d)  The office shall inform the public by the publication of a periodic bulletin to be available to persons requesting this information.  The bulletin shall be available through the office and public libraries."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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