REPORT TITLE:
OEQC; Notice


DESCRIPTION:
Expands the notice requirements provided by the office of
environmental quality control.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           92
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 planning
 
 3 decisions.  The legislature further finds that the office of
 
 4 environmental quality control's bulletin provides a vehicle by
 
 5 which the public can be informed about development proposals that
 
 6 may affect the environment, economy, culture, and social welfare.
 
 7      SECTION 2.  Section 205-3.1, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (d) to read as follows:
 
 9      "(d)  The county land use decision-making authority shall
 
10 serve a copy of the application for a district boundary amendment
 
11 to the land use commission and the department of business,
 
12 economic development, and tourism and shall notify the commission
 
13 and the department of the time and place of the hearing and the
 
14 proposed amendments scheduled to be heard at the hearing.  Within
 
15 fifteen days after receiving an application for a district
 
16 boundary amendment, the county land use decision-making authority
 
17 shall notify the office of environmental quality control for
 
18 publication in the office's bulletin.  A change in the state land
 
19 use district boundaries pursuant to this subsection shall become
 

 
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 1 effective on the day designated by the county land use decision-
 
 2 making authority in its decision.  Within sixty days of the
 
 3 effective date of any decision to amend state land use district
 
 4 boundaries by the county land use decision-making authority, the
 
 5 decision and the description and map of the affected property
 
 6 shall be transmitted to the land use commission and the
 
 7 department of business, economic development, and tourism by the
 
 8 county planning director."
 
 9      SECTION 3.  Section 205-4, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "205-4 Amendments to district boundaries involving land
 
12 areas greater than fifteen acres.(a)  Any department or agency
 
13 of the State, any department or agency of the county in which the
 
14 land is situated, or any person with a property interest in the
 
15 land sought to be reclassified, may petition the land use
 
16 commission for a change in the boundary of a district.  This
 
17 section applies to all petitions for changes in district
 
18 boundaries of lands within conservation districts and all
 
19 petitions for changes in district boundaries involving lands
 
20 greater than fifteen acres in the agricultural, rural, and urban
 
21 districts, except as provided in section 201G-118.  The land use
 
22 commission shall adopt rules pursuant to chapter 91 to implement
 
23 section 201G-118.
 

 
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 1      (b)  Upon proper filing of a petition pursuant to subsection
 
 2 (a) the commission [shall], within not less than sixty and not
 
 3 more than one hundred and eighty days, shall conduct a hearing on
 
 4 the appropriate island in accordance with [the provisions of]
 
 5 sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.
 
 6      (c)  Any other provision of law to the contrary
 
 7 notwithstanding, notice of the hearing together with a copy of
 
 8 the petition shall be served on the county planning commission
 
 9 and the county planning department of the county in which the
 
10 land is located and all persons with a property interest in the
 
11 land as recorded in the county's real property tax records.  In
 
12 addition, notice of the hearing shall be mailed to all persons
 
13 who have made a timely written request for advance notice of
 
14 boundary amendment proceedings, and public notice shall be given
 
15 at least once in the county in which the land sought to be
 
16 redistricted is situated as well as once statewide at least
 
17 thirty days in advance of the hearing.  The notice shall comply
 
18 with section 91-9, shall indicate the time and place that maps
 
19 showing the proposed district boundary may be inspected, and
 
20 further shall inform all interested persons of their rights under
 
21 subsection (e).
 
22      (d)  Any other provisions of law to the contrary
 
23 notwithstanding, prior to hearing of a petition the commission
 

 
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 1 and its staff may view and inspect any land which is the subject
 
 2 of the petition.
 
 3      (e)  Any other provisions of law to the contrary
 
 4 notwithstanding, agencies and persons may intervene in the
 
 5 proceedings in accordance with this subsection.
 
 6      (1)  The petitioner, the office of planning, and the county
 
 7           planning department shall in every case appear as
 
 8           parties and make recommendations relative to the
 
 9           proposed boundary change.
 
10      (2)  All departments and agencies of the State and of the
 
11           county in which the land is situated shall be admitted
 
12           as parties upon timely application for intervention.
 
13      (3)  All persons who have some property interest in the
 
14           land, who lawfully reside on the land, or who otherwise
 
15           can demonstrate that they will be so directly and
 
16           immediately affected by the proposed change that their
 
17           interest in the proceeding is clearly distinguishable
 
18           from that of the general public shall be admitted as
 
19           parties upon timely application for intervention.
 
20      (4)  All other persons may apply to the commission for leave
 
21           to intervene as parties.  Leave to intervene shall be
 
22           freely granted, provided that the commission or its
 
23           hearing officer if one is appointed may deny an
 

 
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 1           application to intervene when in the commission's or
 
 2           hearing officer's sound discretion it appears that: (A)
 
 3           the position of the applicant for intervention
 
 4           concerning the proposed change is substantially the
 
 5           same as the position of a party already admitted to the
 
 6           proceeding; and (B) the admission of additional parties
 
 7           will render the proceedings inefficient and
 
 8           unmanageable.  A person whose application to intervene
 
 9           is denied may appeal such denial to the circuit court
 
10           pursuant to section 91-14.
 
11      (5)  The commission [shall], pursuant to chapter 91, shall
 
12           adopt rules governing the intervention of agencies and
 
13           persons under this subsection.  [Such] The rules
 
14           [shall], without limitation, shall establish:  (A) the
 
15           information to be set forth in any application for
 
16           intervention; (B) time limits within which [such] those
 
17           applications shall be filed; and (C) reasonable filing
 
18           fees to accompany [such] those applications.
 
19      (f)  Together with other witnesses that the commission may
 
20 desire to hear at the hearing, it shall allow a representative of
 
21 a citizen or a community group to testify who indicates a desire
 
22 to express the view of such citizen or community group concerning
 
23 the proposed boundary change.
 

 
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 1      (g)  Within a period of not more than three hundred sixty-
 
 2 five days after the proper filing of a petition, unless otherwise
 
 3 ordered by a court, or unless a time extension, which shall not
 
 4 exceed ninety days, is established by a two-thirds vote of the
 
 5 members of the commission, the commission, by filing findings of
 
 6 fact and conclusions of law, shall act to approve the petition,
 
 7 deny the petition, or to modify the petition by imposing
 
 8 conditions necessary to uphold the intent and spirit of this
 
 9 chapter or the policies and criteria established pursuant to
 
10 section 205-17 or to assure substantial compliance with
 
11 representations made by the petitioner in seeking a boundary
 
12 change.  The commission may provide by condition that absent
 
13 substantial commencement of use of the land in accordance with
 
14 [such] those representations, the commission shall issue and
 
15 serve upon the party bound by the condition an order to show
 
16 cause why the property should not revert to its former land use
 
17 classification or be changed to a more appropriate
 
18 classification.  [Such] The conditions, if any, shall run with
 
19 the land and be recorded in the bureau of conveyances.
 
20      (h)  No amendment of a land use district boundary shall be
 
21 approved unless the commission finds upon the clear preponderance
 
22 of the evidence that the proposed boundary is reasonable, not
 
23 violative of section 205-2 and consistent with the policies and
 

 
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 1 criteria established pursuant to sections 205-16 and 205-17.  Six
 
 2 affirmative votes of the commission shall be necessary for any
 
 3 boundary amendment under this section.
 
 4      (i)  Parties to proceedings to amend land use district
 
 5 boundaries may obtain judicial review thereof in the manner set
 
 6 forth in section 91-14, provided that the court may also reverse
 
 7 or modify a finding of the commission if such finding appears to
 
 8 be contrary to the clear preponderance of the evidence.
 
 9      (j)  At the hearing, all parties may enter into appropriate
 
10 stipulations as to findings of fact, conclusions of law, and
 
11 conditions of reclassification concerning the proposed boundary
 
12 change.  The commission may but shall not be required to approve
 
13 such stipulations based on the evidence adduced.
 
14      (k)  Within fifteen days after receiving an application for
 
15 a district boundary amendment, the commission shall notify the
 
16 office of environmental quality control for publication in the
 
17 office's bulletin."
 
18      SECTION 4.  Section 205A-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "205A-3 Lead agency.  The lead agency shall:
 
21      (1)  Receive, disburse, use, expend, and account for all
 
22           funds that are made available by the United States and
 
23           the State for the coastal zone management program;
 

 
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 1      (2)  Provide support and assistance in the administration of
 
 2           the coastal zone management program;
 
 3      (3)  Review federal programs, permits, licenses, and
 
 4           development proposals for consistency with the coastal
 
 5           zone management program[;] and have published notice of
 
 6           them in the bulletin of the office of environmental
 
 7           quality control;
 
 8      (4)  Consult with the counties and the public in preparing
 
 9           guidelines to further specify and clarify the
 
10           objectives and policies of [the] this chapter to be
 
11           submitted twenty days prior to the convening of any
 
12           regular session of the legislature for review,
 
13           modification, or enactment by the legislature;
 
14      (5)  Conduct a continuing review of the administration of
 
15           the coastal zone management program and of the
 
16           compliance of state and county agencies with the
 
17           objectives and policies of this chapter;
 
18      (6)  Facilitate public participation in the coastal zone
 
19           management program;
 
20      (7)  Prepare and periodically update a plan for use of
 
21           coastal zone management funds to resolve coastal
 
22           problems and issues that are not adequately addressed
 
23           by existing laws and rules;
 

 
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 1      (8)  Advocate agency compliance with this chapter [205A];
 
 2      (9)  Monitor the coastal zone management-related enforcement
 
 3           activities of the state and county agencies responsible
 
 4           for the administration of the objectives and policies
 
 5           of this chapter;
 
 6     (10)  Prepare an annual report to the governor and the
 
 7           legislature which shall include recommendations for
 
 8           enactment of any legislation necessary to require any
 
 9           agency to comply with the objectives and policies of
 
10           this chapter and any guidelines enacted by the
 
11           legislature; and
 
12     (11)  Coordinate the implementation of the ocean resources
 
13           management plan."
 
14      SECTION 5.  Section 205A-29, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  The authority in each county, upon consultation with
 
17 the central coordinating agency, shall adopt rules under
 
18 chapter 91 setting the special management area use permit
 
19 application procedures, conditions under which hearings must be
 
20 held, and the time periods within which the hearing and action
 
21 for special management area use permits shall occur.  The
 
22 authority shall provide for adequate notice to individuals whose
 
23 property rights may be adversely affected and to persons who have
 

 
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 1 requested in writing to be notified of special management area
 
 2 use permit hearings or applications.  The authority shall also
 
 3 provide public notice statewide at least twenty days in advance
 
 4 of the hearing.  The authority may require a reasonable filing
 
 5 fee which shall be used for the purposes set forth [herein.] in
 
 6 this chapter.  Within fifteen days after the receipt of any
 
 7 special management area permit, the authority shall notify the
 
 8 office of environmental quality control for publication in the
 
 9 office's bulletin.
 
10      Any rule adopted by the authority shall be consistent with
 
11 the objectives, policies, and special management area guidelines
 
12 provided in this chapter.  Action on the special management
 
13 permit shall be final unless otherwise mandated by court order."
 
14      SECTION 6.  Section 343-3, Hawaii Revised Statutes, is
 
15 amended by amending subsection (d) to read as follows:
 
16      "(d)  The office shall inform the public by the publication
 
17 of a periodic bulletin to be available to persons requesting this
 
18 information.  The bulletin shall be available through the office
 
19 and public libraries.  The bulletin shall include notice of:
 
20      (1)  All statements, environmental assessments, draft
 
21           statements and assessments, and other documents
 
22           prepared under this chapter;
 
23      (2)  All pollution permit applications pursuant to chapters
 

 
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 1           340E, 342B, 342D, 342H, and 342J;
 
 2      (3)  Land use boundary amendments and special permits in the
 
 3           agricultural and rural districts pursuant to chapter
 
 4           205;
 
 5      (4)  Special management area permits and proposals subject
 
 6           to consistency review pursuant to chapter 205A; and
 
 7      (5)  Other environmentally relevant notices including
 
 8           federal notices."
 
 9      SECTION 7.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 8.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY: ________________________