(a) Those functions identified in paragraphs (1) and (2) insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits and other authorizations issued by agencies with respect to the development, construction, installation, operation, maintenance, repair, and replacement of the project, or any portion or portions thereof, are transferred to the department. With respect to each of the statutory authorities cited in paragraphs (1) and (2), the transferred functions include all enforcement functions of the agencies or their officials under the statute cited as may be related to the enforcement of the terms, conditions, and stipulations of permits, including but not limited to the specific sections of the statute cited. “Enforcement”, for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:

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Terms Used In Hawaii Revised Statutes 196D-10

  • Agency: means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project. See Hawaii Revised Statutes 196D-3
  • Applicant: means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project. See Hawaii Revised Statutes 196D-3
  • Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 196D-3
  • Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project. See Hawaii Revised Statutes 196D-3
  • Project: means the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:

    (1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and

    (2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. See Hawaii Revised Statutes 196D-3

  • Statute: A law passed by a legislature.
(1) Such functions of the land use commission related to: district boundary amendments as set forth in section 205-3.1 et seq.; and changes in zoning as set forth in § 205-5; and
(2) The permit approval and enforcement functions of the director of transportation or other appropriate official or entity in the department of transportation related to permits or approvals issued for the use of or commercial activities in or affecting the ocean waters and shores of the State under chapter 266.
(b) Nothing in this section shall be construed to relieve an applicant from the laws, ordinances, and rules of any agency whose functions are not transferred by this section to the department for the purposes of the project.
(c) This section shall not apply to any permit issued by the public utilities commission under chapter 269.
(d) Notwithstanding any other provision of this chapter, this section shall take effect on July 1, 1989.

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