REPORT TITLE:
PUC; Conservation District Use


DESCRIPTION:
Requires the PUC to authorize the need for a regulated utility's
proposed capital project within a conservation district before
the department of land and natural resources may accept the
utility's application for a conservation district use permit.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2282
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PUBLIC UTILITIES COMMISSION. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 269, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§269-    Authorization of need; conservation district use
 
 5 permits.  Whenever a regulated utility proposes a capital project
 
 6 within the boundaries of a conservation district for which an
 
 7 environmental impact statement is required under chapter 343, the
 
 8 commission shall issue an order authorizing or denying the need
 
 9 and scope of the project prior to the acceptance of a completed
 
10 application for a conservation district use permit by the
 
11 department of land and natural resources under section 183C-6."
 
12      SECTION 2.  Section 183C-6, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  The department shall render a decision on a completed
 
15 application for a permit within one-hundred-eighty days of its
 
16 acceptance by the department.  In the case of a public utility
 
17 proposing a capital project within the boundaries of the
 
18 conservation district for which an environmental impact statement
 
19 is required pursuant to chapter 343, no application shall be
 

 
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                                     S.B. NO.           2282
                                                        
                                                        

 
 1 deemed to be complete until the department has received an order
 
 2 from the public utilities commission authorizing the need and
 
 3 scope of the proposed action pursuant to section 269-  .  If
 
 4 within one-hundred-eighty days after acceptance of a completed
 
 5 application for a permit, the department shall fail to give
 
 6 notice, hold a hearing, and render a decision, the owner may
 
 7 automatically put the owner's land to the use or uses requested
 
 8 in the owner's application.  When an environmental impact
 
 9 statement is required pursuant to chapter 343, or when a
 
10 contested case hearing is requested pursuant to chapter 91, the
 
11 one-hundred-eighty days may be extended an additional ninety days
 
12 at the request of the applicant.  Any request for additional
 
13 extensions shall be subject to the approval of the board."
 
14      SECTION 3.  New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________