HOUSE OF REPRESENTATIVES	H.B. NO.	2154
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SPECIAL MANAGEMENT AREA USE PERMITS.

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

     SECTION 1.  Federal Aviation Administration permits and licenses are identified on the National Oceanic and Atmospheric Administration approved list of federal licenses and permits subject to federal consistency certification, in accordance with 15 Code of Federal Regulations section 930.53.  The Federal Aviation Administration permits and licenses for construction and operation of airports are subject to Hawaii coastal zone management program federal consistency review.

     The legislature recognizes that the requirements of the National Environmental Policy Act and Hawaii's environmental impact statement law apply to structures and improvements relating to airports.  The legislature further notes that the office of planning, as the lead agency of the Hawaii coastal zone management program, will continue to review and comment on the National Environmental Policy Act and environmental impact statement documents in that regard despite amendments to state law regulating airports as contained in this Act.

     The purpose of this Act is to provide the department of transportation with sufficient authority to plan, design, and construct airports, subject to the Hawaii coastal zone management program federal consistency review, without sacrificing special controls on developments within an area along the shoreline to avoid permanent loss of valuable coastal and ocean resources.

     SECTION 2.  Section 261-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Structures and improvements.  [All] Notwithstanding any law or provision to the contrary, all structures and improvements to land, to be used for airport purposes[, may]:

(1) May be planned, designed, and constructed by the department[.]; and

(2) Shall be exempt from requirements to obtain a special management area minor permit or special management area use permit; provided that the structures and improvements relating to airports are necessary to comply with Federal Aviation Administration regulations."

     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  Statutory material to be repealed is bracketed and stricken.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  This Act shall take effect upon its approval, and shall be repealed on June 30, 2013; provided that section 261-4(c), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

Report Title:

Special Management Area; Federal Aviation Administration Exception

Description:

Adds a temporary exemption from the Special Management Area Use and Minor Permit requirements for airport development that is necessary to comply with Federal Aviation Administration regulations.  (HB2154 HD1)

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