Report Title:

Certificate of Need; Expedite

 

Description:

Requires decision regarding issuance of a certificate of need at only 1 public hearing and within 30 days if an applicant is required to and has obtained (1) an environmental impact statement or a finding of no significant impact; and (2) all necessary county land use and zoning change permits.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2859

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to certificate of need.

 

 

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

 

     SECTION 1.  Section 323D-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The state agency shall issue a decision on the application within ninety days after the beginning of the period for agency review, unless the state agency within the ninety days notifies the applicant in writing that the period for agency review has been extended by the state agency sixty days beyond the ninety days[.]; provided that the state agency shall issue a decision with no more than one public hearing and within thirty days if the applicant is required to and has obtained:

     (1)  An approved environmental impact statement or a finding of no significant impact from the office of environmental quality control; and

     (2)  All necessary county land use and zoning change permits.

The decision shall be subject to post-decision review procedures which the state agency may provide for by rules adopted in conformity with chapter 91."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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; provided that sections 323D‑44 and 323D‑45, Hawaii Revised Statutes, as amended by sections 1 and 2 of this Act, shall be repealed and reenacted on January 1, 2010 in the form in which they read on the day prior to the effective date of this Act.

 

INTRODUCED BY:

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