STAND. COM. REP. NO. 1411

Honolulu, Hawaii

, 2005

RE: H.B. No. 852

H.D. 2

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 852, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PERMIT APPROVALS,"

begs leave to report as follows:

The purpose of this measure is to amend provisions of Hawaii's automatic permit approval law.

Specifically, the measure:

(1) Exempts Public Utilities Commission proceedings from these provisions; and

(2) Clarifies that a lack of quorum by an issuing agency shall not initially be applicable to the automatic permit approval provisions and not provide cause for further extension unless agreed upon by all the parties.

Testimony in support of the measure was submitted by the Department of Land and Natural Resources, the Public Utilities Commission, the Land Use Research Foundation of Hawaii, and the Sierra Club-Hawaii Chapter.

This measure amends various provisions of Hawaii's automatic permit approval law relating to the Public Utilities Commission as well as addressing the problem of obtaining quorum on the part of issuing agencies that are subject to the provisions of this law. Your Committee finds that this measure attempts to balance the interests of timeliness and fairness by addressing the issue of a lack of quorum prior to automatic permit approval.

Your Committee has amended this measure by changing the effective date to make it effective upon approval.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 852, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 852, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair