2023-06-02 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Rules 8 & 9)

Home

SALAS-FERGUSON: Chair, can I just say something a foundational — LIN: Sure, go ahead. SALAS-FERGUSON: — some foundational information for everybody. Again, this is Sinclair Salas-Ferguson, Deputy Corporation Counsel for the Joint Planning Commission. Commissioner Paishon-Duarte, I just wanted to give you a little bit of the legal structure for 8- 10, the waiver of public hearing and action. This is a little bit of background for everybody. So, the Hawaii Revised Statute gives the Commission the authority to delegate certain powers to the Department and one of the powers is the authority to waive a public hearing and certain specific instances. So, if you look at 8-10 it's (a)(1), (2) and (3) and so, 1, 2 and 3 are already in the Commission's rules. So there's already that, that authority has been delegated in the past already and so, the last time we were here. There was another addition to be, another power that was delegated and that was the power for the Department to waive a public hearing for any structure or any use and that was an issue at the last hearing, and I think the Department heard the Commission's concerns. So, they removed that delegation of authority. So, now these 3 delegated authorities are still in the rules, and I think that one of the amendments on number 2 is just to track what was changed in the Hawai`i Revised Statutes. So, as we sit here today these authorities are already delegated and the change is just the underlined words in number 2. So, I hope that gives you a little bit of background on this amendment and then I hope that helps everyone and I'll pass it to Director Kern to address your question. KERN: Yeah. Thank you very much. So, the essence of those three components are really when there is a need and they're really based on the public right now. There's also the ability that if the Director makes a decision there's the ability to file an appeal against that as well. So, there's an additional layer. But the intent of these are when there's really a true need for that based on that criteria otherwise everything gets sent forward to a public hearing. It's like Sinclair said this has been in place for a long time. I'm not aware of any use of this but certainly want people to feel comfortable. Yes, it's for emergencies. LIN: Yes, I do see hands up on the screen. Commissioners do want the staff to continue, or do you want a clarification on what was said. DEFRANCO: I wanted a clarification from the Planning Director on to give us an example of when it is used. When is that waiver ever been used. Can you tell us. KERN: Let me just read these real quick. So the Commission hereby delegates the authority to waive the public hearing and take action on a variance application for one stabilization of shoreline erosion by moving sand entirely on public lands. Go ahead. JACKSON: If you guys don't mind. I'd like to actually share screen so that everybody can read — 12 EXHIBIT B (DRAFT)