Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Intergovernmental Affairs and Transportation and Government Operations, to which was referred S.B. No. 2909 entitled:

beg leave to report as follows:

The purpose of this measure is to allow a county to opt out of the automatic permit approval law by adopting an ordinance to exempt the county as a whole or any county agency from the law.

The Mayor of Hawaii County, the Hawaii County Planning Department, the Maui County Department of Water Supply, and the Sierra Club submitted testimony in support of this measure. The Land Use Research Foundation of Hawaii submitted testimony in opposition.

Your Committees find that the automatic permit approval law was passed in an effort to improve Hawaii's business climate. However, granting a permit by default does not reflect good public policy and potentially penalizes the public and the environment. There are many reasons why an action on a permit may be delayed, including the illness or retirement of necessary personnel. Applications are also typically forwarded to other agencies for review and comment. This measure gives the county discretion whether to require automatic permit approval or not.

Your Committees amended this measure by making technical, non-substantive amendments for clarity and style.

As affirmed by the records of votes of the members of your Committees on Intergovernmental Affairs and Transportation and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2909, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2909, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.