REPORT TITLE:
Coastal Zone Mgmt; Waikiki


DESCRIPTION:
Amends Hawaii's coastal zone management law to expedite and
streamline the process of issuing special management area use and
minor permits and of obtaining all other concurrently required
permits or approvals from other state and city and county
agencies for proposed developments in Waikiki.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            573         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COASTAL ZONE MANAGEMENT.



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

 1      SECTION 1.  The purpose of this Act is to amend Hawaii's
 
 2 coastal zone management law to expedite and streamline the
 
 3 process of issuing special management area use and minor permits
 
 4 and of obtaining all other concurrently required permits or
 
 5 approvals from other state and city and county agencies for
 
 6 proposed developments in Waikiki.  This Act seeks to achieve
 
 7 these objectives by establishing a coordinated coastal permitting
 
 8 process for Waikiki, similar to that established in Louisiana's
 
 9 coastal zone management law, and by eliminating the statutory
 
10 dollar threshold of $125,000 for special management area permits
 
11 for Waikiki.
 
12      The legislature finds that while this dollar threshold
 
13 provides a degree of certainty regarding which projects are
 
14 covered under the coastal zone management law, it is nevertheless
 
15 a relatively arbitrary figure that is set too low for Waikiki
 
16 projects.  This Act therefore eliminates the statutory dollar
 
17 threshold for Waikiki projects, but allows for the setting of a
 
18 dollar figure and other relevant criteria for Waikiki
 
19 developments, including a list of permissible activities,
 

 
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 1 pursuant to administrative rules, which will provide a greater
 
 2 degree of flexibility in granting permits and give greater
 
 3 discretion to the city and county of Honolulu in dealing with
 
 4 projects to approve or deny.
 
 5      SECTION 2.  Chapter 205A, Hawaii Revised Statutes, is
 
 6 amended by adding a new section to be appropriately designated
 
 7 and to read as follows:
 
 8      "205A-    Coordinated coastal permitting process; Waikiki.
 
 9 (a)  This section is intended to expedite and streamline the
 
10 process of:
 
11      (1)  Issuing special management area use and minor permits
 
12           for proposed developments in Waikiki; and
 
13      (2)  Obtaining all other concurrently required permits or
 
14           approvals from other state and city and county agencies
 
15           having separate regulatory jurisdiction over uses of
 
16           the special management area in Waikiki without
 
17           impinging on the regulatory jurisdiction or authority
 
18           of those other governmental bodies.
 
19      (b)  In order to implement the intent specified in
 
20 subsection (a), by July 1, 2000, the lead agency and all other
 
21 state and city and county agencies having regulatory jurisdiction
 
22 or other authority over uses of the special management area in
 
23 Waikiki, in cooperation with one another and under the direction
 

 
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 1 of the lead agency, shall establish a coordinated coastal
 
 2 permitting process by means of binding interagency agreements in
 
 3 which:
 
 4      (1)  One application form serves as the master application
 
 5           form for all required permits or approvals from all
 
 6           state and city and county agencies taking part in the
 
 7           coordinated coastal permitting process;
 
 8      (2)  The master application contains sufficient information
 
 9           so that all necessary reviews by all affected state and
 
10           city and county agencies can be expeditiously carried
 
11           out;
 
12      (3)  A "one window" system for master applications is
 
13           established, with copies of the master application
 
14           being transmitted to all state and city and county
 
15           agencies taking part in the coordinated coastal
 
16           permitting process;
 
17      (4)  Only one public hearing, if any, need be held on the
 
18           master application.  Any public hearing held shall be
 
19           deemed to serve for all state and city and county
 
20           agencies taking part in the coordinated coastal
 
21           permitting process; and
 
22      (5)  The shortest practicable period for review of master
 
23           applications by all state and city and county agencies
 

 
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 1           taking part in the coordinated coastal permitting
 
 2           process.
 
 3      (c)  Except as otherwise provided in this section, the
 
 4 coordinated coastal permitting process shall not affect the
 
 5 powers, duties, or functions of any state or city and county
 
 6 agency.
 
 7      (d)  The lead agency and other affected state and city and
 
 8 county agencies shall work in cooperation with federal agencies
 
 9 to the fullest extent possible to include federal agencies in the
 
10 coordinated coastal permitting process as may be practicable,
 
11 including the use of a master application to reduce duplication
 
12 between federal, state, and city and county requirements, and
 
13 concurrent public review and processing at each level of
 
14 government.
 
15      (e)  After the coordinated coastal permitting process is
 
16 established as provided in this section, the lead agency shall
 
17 administer and implement and may modify that process in
 
18 accordance with this section.
 
19      (f)  The lead agency shall submit an annual report to the
 
20 governor and legislature regarding the coordinated coastal
 
21 permitting process, including recommendations for the need for
 
22 any additional legislation to improve or further streamline the
 
23 process, while ensuring the opportunity for meaningful public
 

 
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 1 input and that the objectives, policies, and guidelines of the
 
 2 coastal zone management are maintained."
 
 3      SECTION 3.  Section 205A-1, Hawaii Revised Statutes, is
 
 4 amended by adding three new definitions to be appropriately
 
 5 inserted and to read as follows:
 
 6      ""City and county" means the city and county of Honolulu.
 
 7      "Coordinated coastal permitting process" means the
 
 8 streamlining process for proposed developments in the special
 
 9 management area in Waikiki as provided in section 205A-   .
 
10      "Waikiki" means the area of Oahu whose boundaries are
 
11 delineated in the city and county of Honolulu land use ordinance
 
12 establishing the Waikiki Special District."
 
13      SECTION 4.  Section 205A-22, Hawaii Revised Statutes, is
 
14 amended by amending the definitions of "special management area
 
15 minor permit" and "special management area use permit" to read as
 
16 follows:
 
17      ""Special management area minor permit", with respect to
 
18 development in areas outside of the special management area of
 
19 Waikiki, means an action by the authority authorizing development
 
20 the valuation of which is not in excess of $125,000 and which has
 
21 no substantial adverse environmental or ecological effect, taking
 
22 into account potential cumulative effects.  For developments
 
23 within the special management area of Waikiki, "special
 

 
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 1 management area minor permit" means an action by the authority
 
 2 authorizing development which has no substantial adverse
 
 3 environmental or ecological effect, taking into account potential
 
 4 cumulative effects, and will not exceed criteria established in
 
 5 rules adopted by the lead agency pursuant to chapter 91.  These
 
 6 criteria may include a dollar threshold for Waikiki developments,
 
 7 a list of permissible activities in Waikiki, and other areas
 
 8 deemed appropriate by the lead agency.
 
 9      "Special management area use permit", with respect to
 
10 development in areas outside of the special management area of
 
11 Waikiki, means an action by the authority authorizing development
 
12 the valuation of which exceeds $125,000 or which may have a
 
13 substantial adverse environmental or ecological effect, taking
 
14 into account potential cumulative effects.  For developments
 
15 within the special management area of Waikiki, "special
 
16 management area use permit" means an action by the authority
 
17 authorizing development which may have a substantial adverse
 
18 environmental or ecological effect, taking into account potential
 
19 cumulative effects, and will exceed criteria established in rules
 
20 adopted by the lead agency pursuant to chapter 91.  These
 
21 criteria may include a dollar threshold for Waikiki developments,
 
22 a list of permissible activities in Waikiki, and other areas
 
23 deemed appropriate by the lead agency."
 

 
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 1      SECTION 5.  Before the implementation of the coordinated
 
 2 coastal permitting process as provided in this Act, the office of
 
 3 planning may develop interim interagency agreements with the
 
 4 respective state and city and county agencies to coordinate
 
 5 permit handling, decision making, and appeals procedures.  The
 
 6 office of planning shall study the effect of the amendments made
 
 7 in this Act relating to developments in Waikiki's special
 
 8 management area, and suggest ways to further streamline the
 
 9 coastal zone management law to assist in Waikiki's economic
 
10 revitalization while continuing to protect Waikiki's coastal
 
11 natural environment, provided that any such amendments do not
 
12 result in decertification from the federal coastal zone
 
13 management program. The office shall report its findings and
 
14 recommendations, including any proposed implementing legislation,
 
15 to the legislature no later than twenty days before the convening
 
16 of the regular session of 2000.
 
17      SECTION 6.  It is the intent of this Act not to jeopardize
 
18 the receipt of any federal aid nor to impair the obligation of
 
19 the State or any agency thereof to the holders of any bond issued
 
20 by the State or by any such agency, and to the extent, and only
 
21 to the extent, necessary to effectuate this intent, the governor
 
22 may modify the strict provisions of this Act, but shall promptly
 
23 report any such modification with reasons therefor to the
 

 
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 1 legislature at its next session thereafter for review by the
 
 2 legislature.
 
 3      SECTION 7.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 8.  This Act shall take effect upon its approval.
 
 6 
 
 7                              INTRODUCED BY:______________________