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

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matched up our rules, we just took it as a concurrency to match the two and keep the two together. You're speaking about the other structures or activities provided that no person or agency has requested a public hearing within 25 calendar days after public notice. Correct? KNOWLES: That's correct. I mean, it just seems very broad to me, and I just wonder what the purpose of it is. So, that the Planning Department can waive a public hearing kind of generally based on their own discretion under this provision? CAMERO: Yes, that is correct. Me and Maij a had talked about this part prior to this meeting that you guys do actually have the authority to take away that delegation under the Commission. DEFRANCO: Yes, excuse me. SALAS-FERGUSON: Deputy Corporation Counsel Sinclair Salas-Ferguson for the Commission. So, if everyone can take a look at their packet it's 8-6 is the page number. It's section 8-10. I think it's, for me it's easier to look at the amendments to the actual rules. So, 8- 10 Waiver of Public Hearing and Action states subsection A, "the Commission hereby delegates to the Department the authority to waive a public hearing and to take action on a variance application for:" certain situations. The first one is stabilization of shoreline erosion by moving sand, protection of a structure determined by the Department, et cetera and then 3 and 4. So there's 4 situations. So, the Hawaii Revised Statutes grants the Commission the authority to delegate these powers to the Department. So as the rules are currently written, the Commission in the previous iteration of rules that are currently in effect right now delegates to the Department the authority to waive a public hearing if subsection 1 is satisfied, subsection 2 is satisfied or subsection 4 is satisfied and the Department is proposing an amendment to subsection 3 which is based on an amendment to the Hawaii Revised Statutes. But the Department is also suggesting that the Commission delegates its authority to grant the variance for other structures or activities under subsection 3. So, that is for the Commission to decide whether or not they want to delegate that authority under subsection 3, other structures and activities to the Department. So, that's something the Commission has to decide. KNOWLES: I guess I'm saying, I'm hesitant to delegate that authority for this broad catch-all. I see the necessity of it in these other areas because it seems like there's exigent circumstances or something that we don't want to be happening is happening. But in this case, it sorts of just like and then anything else. So, I'm proposing that we do not add this amendment. DEFRANCO: Do we have any other Commissioners that want to comment on this? Yes, Balog. Commissioner Balog. BALOG: Hi. I agree with the Vice Chair on this. I don't think we should delegate this to the Department. DEFRANCO: Thank you. 23 EXHIBIT B (DRAFT)