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

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HALL: Self, Self. HENKEL: Amy Self, I'm sorry. SELF: I like that last name, Smart. Better than Self Amy Self, Deputy Corporation Counsel. I'm the Corporation Counsel assigned to the Planning Department, so I advise the Planning Department. So, I'd like to bring your attention to HRS 205A-27 which is the designation of Special Management Area authority. Okay, and you are the authority that is designated under this section. Under that section it says the authority, meaning the Planning Commission, is designated to Special Management Area authority and is authorized to carry out the objectives, policies, and procedures of this part. So, in other words, the State Legislature made the planning commissions of the counties the authority to carry out the objectives of 205A. So, if you look at the objectives of 205A and the policies and procedures that includes the definitions of what development is and what development is not. So, in other words, when the State law changes, this 205A chapter, it's assumed that the authority is going to still carry out the objectives, policies, and procedures of this part regardless of how it is when it was first written because it's going to be amended from time to time. But, it's, you know, the authority's job is to carry out the intent of 205A which will from time to time be amended by the State Legislature. I hope I didn't make things worse HENKEL: Any questions from Leeward? DARROW: If I can just KAY: Not that I see here, Mr. Chair. HENKEL: Okay. Windward? Go ahead, Jeff DARROW: So, just touching base with what Joe is mentioning, and I believe you are correct. The definition remains the same. You have a definition that's been changed from minor permit up to 500,000. Anything beyond that is a major use permit. Currently, the authority for, you have designated the Planning Department, Planning Director with the authority to administer the applications for the minor permits. If you changed your rule or if, if it remained the same, and minor permits could only be issued by the Planning Director at 125,000, we would have to come up with a process to be able to bring anything beyond that to the Planning Commission. Currently, we don't have that process in place. We have the process in place for the Planning Department but not for minor permits to go to the Planning Commission. SELF: May I add one other thing. Maija just explained to me what you're actually asking. The reason I had stated what I just stated was to let you know that, yeah, your job is to carry out 205A, but you have the ability to delegate whatever, whatever authority you have toI mean, you can delegate whatever you want. But, the problem with delegating the authority to the Planning Director for an amount that is less than what 205A has, because they've amended it, it EXHIBIT A 29