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

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and the Planning Department work through the process of dealing with SMA Minor Permits and Assessments. There are certain things that we see that may need to be addressed as far as rule changes. Also, to bring to your attention, these are minor changes that we're looking at currently since we were bringing this change before the Commission in reference to the State law change. We are actively and have been actively working for a period of time on a major rule change for Rule 9, and we will be providing to both the Joint Commission, Windward and Leeward, once we finalize the major rule change. So, we'll continue on. Currently, Rule 9-8(c), permit required for development. This is retroactive language, and this is a direct result of the situation that just has occurred with the State law changing and the County rule not changing to line up with that State law, and that transition time. So, this will kind of give a buffer for the Department to be able to work under the State law change until the rules are amended to reflect that. There's been some good input regarding this, and we are taking that into consideration. One of the suggestions is that rather than trying to change our rules every time the State law changes, is to be able to come up with language that our rule directly reflects the State law so that our rule would just reflect that without needing to change our rule. That's something we're going to be considering in the overall change so that we can do it across the board for Rule 9. But, in this particular, since we were bringing this amendment and it was in response to this, we thought we would address this at this time. This change states the following. Special Management Area Minor Use or Emergency Permits or exemptions validly issued by the Department or the Commission subsequent to any amendment to Chapter 205A, Hawaii Revised Statutes, but preceding any supportive amendment to this Rule, Rule 9, shall continue to be considered valid. Okay, the, what this provision does is it allows for retroactive approvals or determinations that have been made by the Department based on the changes to Chapter 205A of the Hawaii Revised Statutes, as amended, during the interim periods when the Planning Commission Rule 9 has not been updated and amended to reflect the change in the State law. This provision will allow the previous SMA Minor Permits that have been issued by the Department based on the current State law to remain as valid permits. HENKEL: Any questions from Leeward so far? KAY: No, Mr. Chair. HENKEL: Windward? CLARKSON: Yes, I have some confusion about this. It seems to say that permits issued but not according to the Commission Rules permits issued by the Commission or the Department subject to, subsequent to the change in the State Law, but in contravention of our actual rules, will be valid until we change the rules but there's no number limit, time limit, procedural limit. If we never change the rules ever, they would all still be considered valid, and I, I also have a EXHIBIT A 25