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E @ECI~IY'G'~ <br /> 'lrnl.. W` BY--- <br /> MICHAEL J. MATSUKAWA t~afe <br /> ~nry~nd~ <br /> Attorney at Law <br /> 75-5751 Kuakini Highway <br /> Kailua-Kona, Hawaii 96740 <br /> Telephone 329-1385 <br /> June 15, 2004 <br /> Hon. James Arakaki, Chairman <br /> and Members of the County Council <br /> County of Hawaii <br /> 20 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Re: Bill No. 163, Draft 2 (General Plan Revision) <br /> Follow-up Comments on Kona Workshop Testimony <br /> Dear Mr. Arakaki and <br /> Members of the Council: <br /> The minimum contents of a comprehensive long-range plan are outlined in <br /> Section 226-58, HRS. The plan does not have to contain a complex analysis of a <br /> <br /> wide range of subjects. All that Section 226-58, the plan contain, as a minimum, <br /> <br /> the following components - "Implementation priorities and actions to carry out <br /> policies, including, but not limited to, land use maps, programs, projects, regulatory <br /> measures, standards and principles and interagency coordination provisions." <br /> Draft 2 has LUPAG "maps" and, as Councilman Tulang observed, could <br /> include federal-state-county "interagency coordination provisions."' Draft 2 also <br /> contains objectives and principles that arguably qualify as "standards and <br /> principles." What is missing from Draft 2, however, are the other items described <br /> in Section 226-58, HRS ( rp <br /> oiects, regulatory measures and implementation <br /> priorities and actions) and language that gives the plan the force of law. <br /> The plan must be comprehensive in the sense of establishing a clear and <br /> enforceable framework upon which future actions are based. A good example of <br /> a comprehensive, yet succinct plan is Chapter 205A, HRS (the Coastal Zone <br /> Management Act) and Chapter 343, HRS (the Hawaii Environmental Act). These <br /> statutes are only a few pages long, but contain all of the elements of Section <br /> 226-58, HRS. <br /> ~ Many other subjects involve interagency coordination such as when a project involves multi- <br /> agencypermitting and multi-agency review of environmental documents and multi-agency standards for <br /> decision-making. Existing law in Chapters 46 and 201, HRS call for coordination, but there is no <br /> implementing requirement for coordination, which benefits all parties and agencies. Comm. I~io.~~ <br /> Ref. To: <br /> Ref. Uoto „JJ N~ ~d <br /> <br />