2017-10-30 Hearing Transcript - Amendments to PC Rule 9 (Joint Meeting)

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authorizing the development, the valuation of which is not in excess of 500,000 and which has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects. SMA Minor Permits are permits issued administratively by the Planning Department. No public hearing is necessary. Special Management Area Use Permit means an action by the authority authorizing the development, the valuation of which exceeds $500,000 or which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. An SMA Use Permit, are issued, they're issued by the Planning Commissions and require public hearings. There are a total of seven references in Rule 9 changing the monetary reference from 125,000 to 500,000. These are listed are Rule 9-4, Subsection Q and R under the definition section; Rule 9- 10, A, D, E, and F, which is under the assessment section; and Rule 9-11(b) which is under the Use Permit, SMA Use Permit procedures section. Continuing on, additionally Act 153 amended Chapter 171-6, Hawaii Revised Statutes, regarding powers of the State Board of Land and Natural Resources which states that the Board may notwithstanding Part II of Chapter 205A to the contrary, plan, design, construct, operate, and maintain any lands or facilities under the jurisdiction of the Division of Boating and Ocean Recreation of the department without the need to obtain a Special Management Area Minor Permit or Special Management Area Use Permit. This provision basically exempts the State Department of Boating and Ocean Recreation from having to obtain an SMA Permit for the construction, maintenance, and operation of any facilities under its jurisdiction. Based on the change in the State law, the following amendment is being introduced under the definition of what development does not include under Rule 9-4(2) and then we're including "R." And, it states to plan, design, construct, operate, and maintain any lands or facilities under the jurisdiction of the Division of Boating and Ocean Recreation of the State Department of Land and Natural Resources. And, again, to clarify, this is being added under our definition section of what development does not include which will not require a permit. Prior to this amendment, the jurisdiction for Harbors was under the Department of Transportation, and they were exempt from this requiring SMA Permits. When the jurisdiction transferred, the exemption did not transfer so the Legislature provided this rule change for that exemption. HENKEL: Any questions on this portion? Leeward? Windward? Go ahead, Jeff. DARROW: Thank you, Mr. Chairman. Continuing on. Okay, these are the additional changes proposed to Planning Commission Rule 9 separate from those changes proposed by Act 153. These changes are being brought to the Commission's attention because as the Planning Director EXHIBIT A 24