HomeMy WebLinkAboutCOM 0017.016 2020-2022 i
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COMM.17
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Comments on Bill 5 re. use permits
for Hawai'i County Council 9 AM Wednesday, March 3, 2021
from Cory Harden, Sierra Club, Hawai'i Island Group 133cor mail.com
Please defer this bill until provisions for automatic denial are added.
Bill 5 (and the laws it replaces) call for automatic approval if Planning Commission does not make a
decision in time.
Bill 5, 25-2-64 (c)
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Ms. Kierkiewicz and Corporation Counsel are working on a measure for automatic denial. But it would be
wise to see how their ideas work with Bill 5 before passing Bill 5. j
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If an automatic denial deadline is looming, an extension can be granted if all parties agree. Or if the
permit is denied, the applicant can try again later. I
Bill 5, 25-2-64 (c)
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Automatic approval means projects are approved with no conditions, such as measures to protect the
environment, reduce impacts to neighbors, require building of infrastructure and affordable housing, and
collect impact fees.
Bill 5 now says automatic approval can only be stopped by a contested case hearing.
Bill 5, 25-2-64 (c) I
Mr. Kern said contested cases are "actually relatively simple" at the February 2 Planning Committee
But the filing fee is $200.
Planning Commission rules 4-6 (a)
The poverty rate in Hawai'i County was 13.1% in 2019–before the pandemic. I
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In 2021, it appears Planning Commission meeting notices were mailed out about three weeks ahead.
Mail is supposed to take one to three days—business days. As we know, it can take longer.
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A contested case petition must be received seven calendar days before the first meeting on a project.
Planning Commission rules 4-6(a)
If the mail takes one day each way, you end up with two weeks to prepare your petition. If the mail is
slow, you have less time.
If you are filing as a native Hawaiian, you are asked for genealogical and historical evidence showing
exercise of your rights, which may take some time to gather.
The petition must be notarized, taking more time.
see pp. 6-7 on attached petition form
Then you have to attend a Planning Commission meeting to get standing. If you have a job, you miss
work. I went to one meeting where the project I came for was scheduled for 9:30 AM. but was not heard
till 2 PM. I had to sit there the whole time to be sure not to miss it.
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Then you have to show up for contested case proceedings, all held on weekdays. The cases can drag on
for months.
You will be arguing against experienced consultants and often against lawyers. If you get your own
lawyer, that's expensive.
People with poo/ Internet access may have trouble even getting the contested case form. | left phone
message with the (overworked) Planning Department asking that they mail me a form, and never heard
back.
Socontested cases may not work well hustop automatic approvals.
Please add automatic denial provisions to Bill 5 before passing it.