Bill Text: HI HB2456 | 2016 | Regular Session | Amended
Bill Title: Water Quality Certification; Approval; State Agencies
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2016-02-19 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3). [HB2456 Detail]
Download: Hawaii-2016-HB2456-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2456 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WATER QUALITY CERTIFICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 401(a)(1) of the federal
Clean Water Act requires a water quality certification for any applicant
intending to conduct an activity in which the construction or operation of
facilities may result in discharge into navigable waters. The water quality
certification is required from the state in which the discharge originates. In
Hawaii, this certification requirement is managed by the department of health.
The legislature finds that the department of health is required under state law
to adopt rules specifying a maximum time period in which to grant or deny a
business or development-related permit, license, or approval. The legislature
further finds that under the Hawaii Administrative Rules, the director of
health shall act on a water quality certification application within one year
of its receipt or the certification requirements adopted under administrative
rules shall be waived.
The legislature finds that the department of health's responses to state
agencies' applications are often issued more than two years following
submission of a complete application. The legislature further finds that this
period of delayed response is unreasonable and outside the legislative intent
as set forth in section 91-13.5, Hawaii Revised Statutes. Further, this delay
often results in costly and extraneous efforts to complete capital improvement
projects by state agency applicants.
The legislature further finds that the expectation of a timely approval or disapproval for state agency application submissions is reasonable and is necessary for the continued effective maintenance and improvement of the State. Ensuring a reasonable response time from the department of health is also necessary for state agency applicants to accurately budget for and implement capital improvements and natural resource management projects.
The purpose of this Act is to statutorily specify the period of time in which the department of health shall respond to complete water quality certification application submissions for state agency projects before the applications are automatically approved.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342D- Water quality certification; state agencies; completion of applications; automatic approval. (a) The director shall render a decision on a state agency's application for water quality certification within ninety days from the date when the application was considered complete; provided that all application fees are submitted with the completed application. If the director fails or refuses to render a decision within ninety days after the acceptance and notification of a completed application pursuant to subsection (c), the application shall be automatically approved, subject to the requirements of standard best management practices.
(b) In the event of a national disaster, state emergency, or union strike, which would prevent the state agency applicant or the department from fulfilling application or review requirements, the maximum period of time to act on a complete state agency's application shall be extended for a reasonable period or until the requirements may be safely and effectively fulfilled, whichever period is shorter.
(c) The director shall render a decision on the completeness of any state agency's application for water quality certification within thirty days of receipt and shall notify the applicant in writing of this decision. If an application is incomplete or otherwise deficient, the written notice shall include a description of the additional information necessary to complete the application or to correct the deficiency. If the applicant is not notified within thirty days, the application shall be accepted and deemed complete. If an application is accepted and deemed complete, but is later found to be missing information necessary to process the application, the applicant shall be allowed thirty days to supply the additional information or to correct the deficiency. If the applicant is allowed extra time to supply additional information or correct a deficiency, then the maximum period of time established in subsection (a) shall also be extended by thirty days.
(d) For purposes of this section, "water quality certification" means a statement required by section 401(a)(1) of the Clean Water Act that asserts that a proposed discharge resulting from an activity will not violate applicable water quality standards."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Water Quality Certification; Approval; State Agencies
Description:
Establishes time limits for the approval or disapproval of water quality certification applications for state projects. (HB2456 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
