Bill Text: HI HB213 | 2010 | Regular Session | Introduced
Bill Title: Agricultural Parks; Non-agricultural Park Lands; Permits
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB213 Detail]
Download: Hawaii-2010-HB213-Introduced.html
Report Title:
Agricultural Parks; Non-agricultural Park Lands; Permits
Description:
Requires agencies issuing permits, licenses, or approval to expedite permit applications of developments or improvements within agricultural parks and non-agricultural park lands.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
213 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 91-13.5, Hawaii Revised Statutes, is amended to read as follows:
"§91-13.5 Maximum time period for
business or development-related permits, licenses, or approvals[;],
including agricultural parks and non-agricultural park lands; automatic
approval; extensions. (a) Unless otherwise provided by law, an agency
shall adopt rules that specify a maximum time period to grant or deny a
business or development-related permit, license, or approval; provided that the
application is not subject to state administered permit programs delegated,
authorized, or approved under federal law.
(b) All [such] business or
development-related permit, license, or approval issuing agencies shall
clearly articulate informational requirements for applications and review
applications for completeness in a timely manner.
(c) All [such] business or
development-related permit, license, or approval issuing agencies shall
take action to grant or deny any application for a business or
development-related permit, license, or approval within the established maximum
period of time, or the application shall be deemed approved; provided that a
delay in granting or denying an application caused by the lack of quorum at a
regular meeting of the issuing agency shall not result in approval under this
subsection; provided further that any subsequent lack of quorum at a regular
meeting of the issuing agency that delays the same matter shall not give cause
for further extension, unless an extension is agreed to by all parties.
(d) Notwithstanding any other law to the contrary, any agency that reviews and comments upon an application for a business or development-related permit, license, or approval for a housing project developed under section 201H-38 or any agricultural structure or infrastructure or agricultural energy-related structure or infrastructure in any agricultural park or on any non-agricultural park lands shall respond within forty-five days of receipt of the application, or the application shall be deemed acceptable as submitted to the agency.
(e) The maximum period of time established pursuant to this section shall be extended in the event of a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or the department from fulfilling application or review requirements.
(f) This section shall not apply to:
(1) Any proceedings of the public utilities commission; or
(2) Any county or county agency that is exempted by county ordinance from this section.
(g) This section shall apply to any development-related permit, license, or approval required for any development or improvements within any agricultural park, as defined in section 166-2, and any non-agricultural park lands under chapter 166E, as defined in section 166E-2.
[(g)] (h) For purposes of this
section, "application for a 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, agricultural, 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 166, 166E, 183C, 205, 205A,
340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J,
342L, and 342P.
SECTION 2. Section 166E-2, Hawaii Revised Statutes, is amended by amending the definition of "non-agricultural park lands" to read as follows:
"Non-agricultural park lands" means
lands that [are]:
(1) Are designated in the agricultural district;
(2) Were transferred by the department of land and natural resources to the department of agriculture pursuant to Act 90, session laws of Hawaii 2003; and
(3) Are not designated as agricultural parks pursuant to chapter 166."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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