Regulatory Processes; Automatic Approval
Amends the automatic approval law by amending the definition of "application for a business or development-related permit, license, or approval" and extending the deadline for agency rulemaking. Failure to adopt rules by the new deadline will result in a one-year statutory maximum time period. (HB954 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII
A BILL FOR AN ACT
relating to regulatory processes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§91- Rulemaking to implement section 91-13.5. (a) Agencies that are subject to section 91-13.5 shall adopt rules to implement that section by December 31, 2003.
(b) The failure of an agency to comply with subsection (a) shall result in a maximum time period of three hundred and sixty five calendar days for that agency for the purposes of section 91-13.5; provided that this maximum time period shall begin after:
(1) An agency has determined an application for a business or development-related permit, license, or approval to be complete; and
(2) Acceptance of a final environmental impact statement or a finding of no significant impact pursuant to chapter 343, as applicable, or a finding by the agency that the application is exempt from chapter 343.
(c) Agencies that are subject to the maximum time period under subsection (b) may continue to adopt rules to implement section 91-13.5 after the maximum time period under subsection (b) becomes applicable; provided that the agency may not change this maximum time period by rule."
SECTION 2. Section 91-13.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) For the purposes of this section, [
"application for a business] "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 54, 149A, 150, 159, 161, 181, 183, 183B, [ 183C,] 183D, 186D, 196D, [ 205, 205A,] 206E, 262, 266, 269, 271G, 273, 281, 286, 289, 321, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, [ 342J,] 342L, [ and] 342P[ .], 396, 397, 412, 415, 415A, 415B, 419, 420, 421, 421C, 421H, 421I, 421J, 423, 424, 425, 425D, 428, 429, 431, 431K, 432, 432C, 432D, 435E, 436E, 436M, 437, 437B, 437D, 438, 439, 440, 440G, 441, 442, 443B, 444, 445, 446, 446E, 447, 448, 448D, 448E, 448F, 448H, 449, 451A, 451D, 451J, 452, 453, 454, 455, 456, 457, 457A, 457B, 457G, 458, 459, 460, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 466, 466J, 466K, 467, 467B, 467E, 468E, 468L, 468M, 469, and 471."
SECTION 3. Act 164, Session Laws of Hawaii 1998, is amended by deleting section 4:
"SECTION 4. All agencies shall adopt rules as required by section 3 of this Act on the first occasion that the agency's rules are amended upon approval of this Act or by December 31, 1999, whichever is earlier."]
SECTION 4. Agencies that administer state permit programs delegated, authorized, or approved under federal law shall:
(1) Review the statutory references specified in section 91-13.5(e), Hawaii Revised Statutes, to determine the specific programs in those chapters to which section 91-13.5 applies;
(2) Make findings and recommendations as to whether all or portions of the affected chapters consist of "state administered permit programs delegated, authorized, or approved under federal law", as provided under section 91-13.5(a); and
(3) Report findings and recommendations to the legislature no later than twenty days before the convening of the regular session of 2002.
SECTION 5. The attorney general shall:
(1) Develop and propose model rules for state and county agencies to implement section 91-13.5, Hawaii Revised Statutes;
(2) Make the model rules available to all state and county agencies, either by mail to each agency or on the attorney general's Internet website; and
(3) Assist agencies in finding solutions to problems involved in implementing section 91-13.5.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.