Report Title:

Renewable Energy Facility

Description:

Sets a time limit for the filing of the diligence report with the energy resources coordinator; allows the energy resources coordinator to deem a permit approved if no further action or processing is reported by the permitting agency within eighteen months of the completed application.  (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	590
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO RENEWABLE ENERGY FACILITIES.

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

     SECTION 1.  Act 207, Session Laws of Hawaii 2008, established the renewable energy facility siting process to expedite the processing and approval or denial of any permit plan application for the siting, development, construction, and operation of a renewable energy facility.

     The purpose of this Act is to further expedite the process and give the energy resources coordinator the necessary power and authority to expedite the development of renewable energy facilities, while still protecting the public's health, safety, and welfare.

     SECTION 2.  Section 201N-4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Each appropriate state and county agency shall diligently endeavor to process and approve or deny any permit in the permit plan no later than twelve months after a completed permit plan application is approved by the coordinator.  If the coordinator has given at least thirty days written notice stating that the permit plan application is subject to this section and a permit is not approved or denied within twelve months after approval of a completed permit plan application, the permitting agency, within thirty days following the end of the twelve-month period, shall provide the coordinator with a report identifying diligent measures that are being taken by the agency to complete processing and take action as soon as practicable.  If no further processing and action are reported by the permitting agency within five months following the end of the thirty-day agency report period, the coordinator may deem the permit approved.  If a permitting agency fails to provide this report and if the permit has not been approved or denied within eighteen months following the approval of a completed permit plan application by the coordinator, the permit shall be deemed approved."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2009.