Air pollution control

Clarifies that the department of health needs only publish
notification for participation in air pollution control matters
once in the county affected.  (HB2530 CD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            C.D. 1

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that section 342B-13,
 2 Hawaii Revised Statutes, regarding public notification, is
 3 confusing and inconsistent with the notice requirements of Act 2,
 4 Session Laws of Hawaii 1998, and creates an unnecessary expense
 5 for the department of health.  To provide a more streamlined,
 6 consistent, and cost-effective means of public notice, Act 2,
 7 among other things, made widespread changes to the Hawaii Revised
 8 Statutes and inadvertently revised section 342B-13 to require
 9 public notification for air permits to be given twice weekly.  No
10 federal regulation requires notices to be published twice weekly.
11 Furthermore, the existing language is ambiguous because it does
12 not identify the duration for the twice weekly notices.
13      This Act furthers the purposes of Act 2, eliminates the
14 requirement that notices be published twice weekly, and provides
15 that public notification be given once in the county affected by
16 the proposed action.  This Act also requires posting of the
17 notice on the department web site.
18      SECTION 2.  Section 342B-13, Hawaii Revised Statutes, is
19 amended by amending subsection (a) to read as follows:

Page 2                                                     2530
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 1      "(a)  Except as provided in subsections (b) and (c), where
 2 public participation is deemed appropriate by the director or is
 3 required, the director shall provide for notice and opportunity
 4 for public comment as follows:
 5      (1)  The director shall make available for public inspection
 6           in at least one location in the county affected by the
 7           proposed action, or in which the source is or would be
 8           located:
 9           (A)  Information on the subject matter;
10           (B)  All information submitted by the applicant, except
11                for that deemed confidential;
12           (C)  The department's analysis and proposed action; and
13           (D)  Other information and documents deemed appropriate
14                by the department[;].
15      (2)  The director shall notify the public of the
16           availability of information listed in paragraph (1).
17           Public notification shall be given [at least twice
18           weekly] once in the county affected by the proposed
19           action, or in which the source is or would be
20           located[;].  The director shall also post this notice
21           on the department's web site in an easily-located
22           manner;

Page 3                                                     2530
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 1      (3)  Public notice shall be mailed to any person, group, or
 2           agency upon request;
 3      (4)  The director shall provide a period of not less than
 4           thirty days following the date of the public notice
 5           during which time interested persons may submit written
 6           comments on the subject matter, application,
 7           department's analysis and proposed actions, and other
 8           appropriate considerations.  The period for comment may
 9           be extended at the discretion of the director; and
10      (5)  The director, at the director's sole discretion, may
11           hold a public hearing if the public hearing would aid
12           in the director's decision.  Any person may request a
13           public hearing.  The request shall be in writing and
14           shall be filed within the thirty-day comment period
15           prescribed in paragraph (4) and shall indicate the
16           interest of the party filing the request and the
17           reasons why a hearing is warranted.  The director shall
18           give the public notice for a hearing in accordance with
19           paragraph (2) at least thirty days in advance of the
20           hearing date and shall conduct the hearing in the
21           county which would be affected by the proposed action,
22           or in which the source is or would be located."

Page 4                                                     2530
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 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.