Bill Text: HI HB65 | 2011 | Regular Session | Introduced
Bill Title: Special Treatment Facility; Public Hearing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-18 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting no (0) and Carroll, Herkes, McKelvey excused (3). [HB65 Detail]
Download: Hawaii-2011-HB65-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
65 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SPECIAL TREATMENT FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Part I, Hawaii Revised Statutes, is amended by adding 4 new sections to be appropriately designated and to read as follows:
"§321-A Special treatment facilities; licenses and renewals; notice of public hearing. (a) Upon receipt of any application for a license to create, develop, or operate a special treatment facility or for renewal of a license to operate a special treatment facility, the director shall fix a date and give notice for a public hearing on the license or license renewal application at least once in each of two consecutive weeks in a newspaper of general circulation in the county where the proposed or existing special treatment facility is located. The date of the hearing shall be not less than forty-five days after the first notice. The notice shall require that all protests or objections against the issuance of the license or license renewal applied for shall be filed with the director before the date of the hearing.
Before giving notice, the director shall collect from the applicant reimbursement for the cost of giving the public notice.
(b) Immediately upon the director's fixing a date for the public hearing, the applicant shall mail a notice setting forth the time and place of the hearing to each of the following:
(1) Not fewer than two-thirds of the owners and lessees of record of real estate located within a distance of one mile from the proposed or existing location of the special treatment facility. Notice by mail may be addressed to the last known address of the person concerned or to the address as shown in the current real property tax record of the person or the person's agent or representative;
(2) Each individual condominium project or cooperative apartment unit located within a distance of one mile from the proposed or existing location of the special treatment facility; provided that one notice of the hearing shall be sent by mail addressed "To the Residents, In Care of the Manager", followed by the name and address of the condominium or cooperative apartment involved; and
(3) The principal of any school located within a distance of one mile from the proposed or existing location of the special treatment facility.
The notices required under this subsection shall be mailed at least forty-five days prior to the date set for the hearing. Before the hearing and within seven business days of having mailed the notices, the applicant shall file with the director an affidavit that the notices have been mailed in accordance with this subsection. In addition to the affidavit, the applicant shall include both a master list of all the addressees and addresses required by paragraphs (1) through (3) and another mailing list consisting of the portion of addressees and their respective addresses who were mailed the notice to meet the requirements of paragraph (1). The director shall make the affidavit, master list, and mailing list available for public review upon request. For purposes of this section, "master list" means every owner and lessee or person who would otherwise be required to receive notice of the public hearing according to the requirement of paragraphs (1) through (3), even if they were not actually included in the two-thirds requirement of paragraph (1).
If the requirements of this section are not met, the director may cancel the hearing or continue the public hearing subject to this section. If the director finds that the requirements of this section are not met as a result of the bad faith of the applicant, the director may deny or revoke the license as the case may be.
(c) For purposes of this section:
(1) Notice to one co-owner and one co-lessee of real estate shall be sufficient notice to all co-owners and all co-lessees of the affected real estate; and
(2) One notice shall be sufficient for an owner or lessee of affected multiple properties.
§321-B Special treatment facilities; licenses and renewals; protests. (a) Protests against granting of a license to create, develop, or operate a new special treatment facility or renewing a license to operate a special treatment facility may be filed with the director by:
(1) Any owner or lessee of real estate situated within a distance of one mile;
(2) Any person who resides within a distance of one mile; or
(3) The principal of any school located within a distance of one mile
from the proposed or existing location of the special treatment facility. A protest shall include written statements submitted to the director prior to the hearing and written or oral testimony submitted at the hearing.
(b) The applicant shall have thirty days from the date of the hearing pursuant to section 321-A to submit to the director a plan to address each protest filed with the director.
§321-C Special treatment facilities; licenses and renewals; hearing; consideration of application. (a) On the date of the hearing pursuant to section 321-A, the director shall consider the license or license renewal application, any protests and objections to the granting of the license or renewing of the license, and any written or oral testimony by interested parties. Within ninety days after the hearing, the director shall consider the plan submitted by the applicant to address each protest filed with the director and grant or refuse the application; provided that if a majority of the:
(1) Owners and lessees of record of real estate situated within a distance of one mile from the proposed or existing location of the special treatment facility;
(2) Persons who reside within a distance of one mile from the proposed or existing location of the special treatment facility; or
(3) Principals of any public schools located within a distance of one mile from the proposed or existing location of the special treatment facility; or
(4) Any combination of the above,
have duly filed or caused to be filed protests against the granting or renewal of the license, or if there appears to be any other disqualification under this chapter, the license or license renewal application shall be denied. Otherwise, the director, in the director's discretion and in accordance with this chapter, may grant or refuse the license or license renewal application.
For the purposes of this section, a protest submitted by a majority of the co-owners or the majority of co-lessees of a property shall constitute a protest by all the owners or lessees of record of that property. A protest filed by an owner or lessee who owns more than one property shall be counted separately as a protest for each property.
(b) The director shall make available to the applicant and any protestor for review before the public hearing the list of those persons who filed a protest or objection to the application. All applicants and protestors may submit corrections, additions, or deletions to the master list and the list of protestors at the public hearing. The director shall rule on proposed corrections, additions, and deletions and give reasons for the ruling.
(c) The director shall make available to any protestor for review before a ruling on the application the plan submitted by the applicant to address each protest filed with the director.
§321-D Special treatment facilities; licenses and renewals; applicant plan; violation; license revocation or suspension; public hearing. Upon a licensee's failure to adhere to the plan submitted by the applicant under section 321-B(b) to address each protest filed with the director, the director shall fix a date and give notice of a public hearing, pursuant to section 321-A, to determine whether to revoke or suspend the applicant's license."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. 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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Report Title:
Special Treatment Facility; Public Approval
Description:
Requires public approval from residents within a 1-mile radius for the licensing of a new special treatment facility, or for renewal of such a license.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
