HB2210.DOC

SECTION 1. The legislature finds that obtaining permits, licenses, and other approvals from state departments and agencies is often a long and time consuming process, especially for small businesses and not-for-profit groups that do not have the financial and personnel resources to shepherd permit and license applications through multiple and often duplicative processes.

The purpose of this Act is to create a "permit czar" in each of the departments of agriculture and land and natural resources to consolidate and facilitate the permit processing procedures in these two departments.

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Permitting coordinator. (a) There is established within the department of agriculture a permitting coordinator to be appointed by the governor pursuant to section 26-34.

(b) All permits, licenses, and approvals whose issuance or denial comes within the purview of the department of agriculture, shall be reviewed, processed, and granted or denied by the permitting coordinator. The permitting coordinator shall:

(1) Identify all agencies within the department of agriculture with permit processing or approval responsibilities;

(2) Develop, coordinate, and implement short-term and long-range policies and directions to streamline permit processing by the department of agriculture;

(3) Consult with other appropriate state and county departments or agencies to develop and establish a permit plan application format and procedure designed to ensure a timely review and to obtain any required permits and approvals of those departments or agencies;

(4) Receive a permit plan application, in a form as the coordinator shall prescribe, with any appropriate application and processing fees as determined by the coordinator;

(5) Assist in the permit plan application process by coordinating permitting processes, giving technical assistance, and overseeing the creation of a permit plan;

(6) Coordinate public meetings as required to:

(A) Allow members of the affected communities to provide input regarding the issuance or denial of the permit;

(B) Promote public awareness of the permit application; and

(C) Allow the permitting coordinator and the applicant to gain public sentiment and concerns regarding the permit application;

(7) Grant, deny, or condition the issuance of the requested permit;

(8) Advise the chairperson and the board of agriculture on all issues relating to permit processing; and

(9) Perform any and all other necessary or desirable functions to facilitate the intent of this section as requested or required by the chairperson or the board of agriculture.

(c) In carrying out the duties of this section, the permitting coordinator may utilize the services of any and all agencies of the department of agriculture with permit processing or approval functions.

(d) The permitting coordinator shall seek and utilize any available funding sources, including grant moneys, to carry out the duties of this section."

SECTION 3. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Permitting coordinator. (a) There is established within the department a permitting coordinator to be appointed by the governor pursuant to section 26-34.

(b) All permits, licenses, and approvals whose issuance or denial comes within the purview of the department, shall be reviewed, processed, and granted or denied by the permitting coordinator. The permitting coordinator shall:

(1) Identify all agencies within the department with permit processing or approval responsibilities;

(2) Develop, coordinate, and implement short-term and long-range policies and directions to streamline permit processing by the department;

(4) Receive a permit plan application, in a form as the coordinator shall prescribe, with any appropriate application and processing fees as determined by the coordinator;

(5) Assist in the permit plan application process by coordinating permitting processes, giving technical assistance, and overseeing the creation of a permit plan;

(6) Coordinate public meetings as required to:

(A) Allow members of the affected communities to provide input regarding the issuance or denial of the permit;

(B) Promote public awareness of the permit application; and

(C) Allow the permitting coordinator and the applicant to gain public sentiment and concerns regarding the permit application;

(7) Grant, deny, or condition the issuance of the requested permit;

(8) Advise the chairperson and the board on all issues relating to permit processing; and

(9) Perform any and all other necessary or desirable functions to facilitate the intent of this section as requested or required by the chairperson or the board.

(c) In carrying out the duties of this section, the permitting coordinator may utilize the services of any and all agencies of the department with permit processing or approval functions.

(d) The permitting coordinator shall seek and utilize any available funding sources, including grant moneys, to carry out the duties of this section."

SECTION 4. All rights, powers, functions, and duties of the department of agriculture and the department of land and natural resources relating to licensing and permitting are transferred to the permitting coordinators of the respective departments.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture and the department of land and natural resources relating to the functions transferred to the permitting coordinators of the respective departments shall be transferred with the functions to which they relate.

SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture and the department of land and natural resources to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the permitting coordinator of the respective department by this Act, shall remain in full force and effect until amended or repealed by the permitting coordinator pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the agency or unit of the department or the head of the agency or unit in those rules, policies, procedures, guidelines, and other material is amended to refer to the permitting coordinator as appropriate.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2210
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII