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

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LIN: Maij a. JACKSON: There is also a requirement that the Department provide public and private notice including reasonable notice to the abutting property owners prior to making a decision on a shoreline setback variance outside of a public hearing. The Director also has to follow all the criteria for issuing a variance. So, there is a set of strict standards for issuing a shoreline setback variance and he issues a determination of how the request meets those standards and that's a public determination that can be appealed then to the Board of Appeals. So, there are, there is, there are protections for the public and also opportunity for the public to be notified of what's occurring. DANIELE: Yeah, this is Commissioner Daniele. Yeah, I'd just like to add that it's curious that no one can remember when this has been used. So, I think that's a good testament to the process. Thank you. KERN: I think it might be helpful to go through, thanks for putting those up on the screen. But let's just go through those again. 1) Stabilization of shoreline erosion by moving sand entirely on public lands; 2) Protection of a structure determined by the Department to be legally constructed. A legal structure or public facility, including any facility owned by a public utility that is regulated pursuant to Chapter 269, HRS that does not fix the shoreline, under an emergency authorization issued by the authority, provided that the structure or public facility is at risk of immediate damage from the shoreline erosion as determined by the Department in consultation with the appropriate agencies i.e. U.S. Army Corps of Engineers, DPW and the authorization does not exceed 3 years. And maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreation facilities that result in little or no interference with natural shoreline processes. To me, all 3 of these are legitimate areas to have that ability to move forward if it's necessary and again it's been something that's been on the books for many, many years. LIN: Okay, I don't see Commissioner Paishon-Duarte's camera, but did you have any further questions for staff or Director Kern regarding this specific rule? PAISHON-DUARTE: No further questions,just comment. Just because we don't have a lot of examples for which this rule has been in practice and hasn't been applied. For me, that can be looked at in two ways. One that can be positive, and it can also not be positive in the sense that it has not yet been fully applied. These rules hasn't been tested right in interpretation in a real case scenario. So, I still have questions regarding Rule 8 through 10, Rule 8-10. All the other proposed amendments I don't have a problem there. I think it makes sense. I just want to state clearly, where not. LIN: Yeah, so Commissioner Paishon-Duarte. I guess there's several options I guess we could go here is one you could propose further language to strengthen what you feel needs to be strengthened in this rule or we can further have a discussion on the questions that you may have regarding this particular section. So, because it hasn't been implemented then 14 EXHIBIT B (DRAFT)