2023-04-20 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Ruls 8 & 9)

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DEFRANCO: Thank you Mike, I'm just going to include our Windward Commissioners. Do you have any comments on this motion? LIN: Yes, this is Vice Chair Lin. I like the discussion we're having. I would feel for the applicant in terms of they submitted the application, and they find out they need to do an AIS is a significant cost burden to the applicant and in terms of money and time. So, I liked the discussion but is there something we can do to kind of set just like the, like you said the exemptions are the minimal requirements of what is needed. So that people know up front if they have even an inkling when they apply that there might be. What are they going to ask their archaeologist to submit? VITOUSEK: It could be the SMA major or minor. DEFRANCO: Director Kern. KERN: Yes, I think there's a couple elements here. We're bound by HRS and the SHPD rules, regardless and then we're looking at a process question and one of the processes is how do we streamline, not streamline but make the process efficient. So, you get the archaeological conversation started early and so I'm wondering within this combo if there's not a, we have to follow the rules guarantee and then is there language as instructions or suggestions that say this in your best interest, or you should really do this in these areas. And if you don't, it's kind of like pause, time out, you might have to redo it. There's nothing that going exempts us from following SHPD rules. I don't think there's anybody here that would want to exempt that. I think we all really value the cultural resources here. It's the process that we're talking about and how do we make it efficient, articulate what they should do, or we are demanding that they have to and that's kind of I think what Vice Chair Lin was bringing up. Like how are they going to kind of figure that out and I think that's what we're trying to massage. DEFRANCO: And part of the reason is like what Tracie was saying. Part of the reason that this was initiated is because some people are getting a negative from SHPD when they are trying to get this letter of determination, right. KERN: So, it changed actually. So, I was one of those people many years ago. Before when you would start an application, if you were the one doing the application or you're the consultant. One of the first things you would do is write a letter to SHPD saying I'm requesting a no-effect determination for this property and if you got the letter back you could provide that in your application as this language suggests. If they came back and say "no,"we believe there's archaeological resources in this area, go ahead and do the work. DEFRANCO: And then if they didn't come back in a certain time period, it defaulted or something. KERN: The Department would hold; we wouldn't default so then you go ahead and bulldoze it doesn't happen. 18 EXHIBIT B (DRAFT)