HB2325 HD1.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2325
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BROADBAND.

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

SECTION 1. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

"§27- Broadband related permits; automatic approval. (a) The State shall approve, approve with modification, or disapprove all applications for broadband related permits within forty-five days of submission of a complete permit application and full payment of any applicable fee. If on the forty-sixth day an application is not approved, approved with modification, or disapproved by the State, it shall be deemed approved by the State.

(b) Permits issued pursuant to this section shall contain the following language: "This is a broadband related permit issued pursuant to section 27- , Hawaii Revised Statutes".

(c) No action shall be prosecuted or maintained against the State, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving a permit application.

(d) The forty-five day time period established by this section shall be extended in the event of a natural disaster, state emergency, or union strike, which prevents the applicant, agency, or a department from fulfilling application review requirements.

(e) If an application is incomplete, the State shall so notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The forty-five day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five days of receipt of the notice.

(f) For the purposes of this section, "broadband related permits" means all state permits required to commence actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, and undersea boring. The term does not include any state permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the State."

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Broadband related permits; automatic approval. (a) A county shall approve, approve with modification, or disapprove all applications for broadband related permits within forty-five days of submission of a complete permit application and full payment of any applicable fee. If on the forty-sixth day an application is not approved, approved with modification, or disapproved by the county, it shall be deemed approved by the county.

(b) Permits issued pursuant to this section shall contain the following language: "This is a broadband related permit issued pursuant to section 46- , Hawaii Revised Statutes".

(c) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving a permit application.

(e) If an application is incomplete, the county agency shall so notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The forty-five day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five days of receipt of the notice.

(f) For the purposes of this section, "broadband related permits" means all county permits required to commence actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, and undersea boring. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by a county."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall be repealed on June 30, 2017; provided that this Act shall apply to permit applications filed with the State or a county after December 31, 2012.