Noise Pollution

Shortens the allowable period for the permit review process for
noise pollution permits to 30 days.

THE SENATE                              S.B. NO.           738
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the current economic
 2 downturn in Hawaii has impacted no other industry more severely
 3 than the State's construction industry.  This downturn, along
 4 with the length of time involved in the issuance of state
 5 permits, places a significant burden on the developers of
 6 construction projects.  The review period for the issuance or the
 7 denial of noise permits under chapter 342F, Hawaii Revised
 8 Statutes, is one example of a permit process that is far too
 9 long.  Currently, the time allotted to the department of health
10 to grant noise control permits is one-hundred-eighty days.  Even
11 the department of health believes that this time is far too long,
12 and is considering a proposal to shorten the period.  Long delays
13 in issuing permits can be burdensome to the developer.
14 Shortening the noise pollution permit review period will allow
15 development projects to proceed in a more timely manner.
16      The purpose of this Act is to require the department of
17 health to grant or reject noise control permits within thirty
18 days instead of one-hundred-eighty days.  The legislature finds
19 that a shortened permit review process will streamline the permit

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                                     S.B. NO.           738

 1 issuance process and bolster the State's construction industry
 2 and the economy as a whole.
 3      SECTION 2.  Section 342F-4, Hawaii Revised Statutes, is
 4 amended by amending subsection (d) to read as follows:
 5      "(d)  [The failure of] Except for applications for which the
 6 director deems a public informational meeting, hearing, or notice
 7 is appropriate, the director [to] shall act on an application for
 8 the issuance of a permit or an application by a permit holder for
 9 the modification or renewal thereof within [one hundred eighty]
10 thirty days of the receipt of [such] a properly completed
11 application.
12      For applications for which the director deems a public
13 informational meeting, hearing, or notice is appropriate, the
14 director shall act on the application within ninety days of the
15 receipt of a properly completed application.
16      If the director determines that extraordinary circumstances
17 exist on an application, the director shall extend the ninety-day
18 period up to an additional ninety days.  The failure of the
19 director to act on an application within one-hundred-eighty days
20 of the receipt of the application shall be deemed a grant of such
21 application; provided that the applicant acts consistently with
22 the application and all plans, specifications, and other
23 information submitted as a part thereof."

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                                     S.B. NO.           738

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.
 5                           INTRODUCED BY:  _______________________