(a) The department shall serve as the lead agency for the consolidated permit application and review process established pursuant to section 196D-4(b) and as set forth in this section for the project. All agencies whose permitting functions are not transferred by § 196D-10 to the department for the purposes of the project are required to participate in the consolidated permit application and review process.
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Terms Used In Hawaii Revised Statutes 196D-5

  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
  • Environmental impact statement: means , as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190). See Hawaii Revised Statutes 196D-3
  • Interagency group: means the body established pursuant to § 196D-6. See Hawaii Revised Statutes 196D-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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

(b) To the greatest extent possible, the department and each agency whose permitting functions are not transferred by § 196D-10 to the department for the purposes of the project shall complete all of their respective permitting functions for the purposes of the project, in accordance with the timetable for regulatory review set forth in the joint agreement described in subsection (c)(3) and within the time limits contained in the applicable permit statutes, ordinances, regulations, or rules; except that the department or any agency shall have good cause to extend, if and as permitted, the applicable time limit if the permit-issuing agency must rely on another agency, including any federal agency, for all or part of the permit processing and the delay is caused by the other agency.
(c) The procedure shall be as follows:

(1) The applicant shall submit the consolidated permit application using the consolidated permit application form, which shall include whatever data about the proposed project that the department deems necessary to fulfill the purposes of this chapter and to determine which other agencies may have jurisdiction over any aspect of the proposed project.
(2) Upon receipt of the consolidated permit application, the department shall notify all agencies whose permitting functions are not transferred by § 196D-10 to the department for the purposes of the project, as well as all federal agencies, that the department determines may have jurisdiction over any aspect of the proposed project as set forth in the application, and shall invite the federal agencies so notified to participate in the consolidated permit application process. The agencies, and those federal agencies that accept the invitation, thereafter shall participate in the consolidated permit application and review process.
(3) The representatives of the department and the state, county, and federal agencies and the applicant shall develop and sign a joint agreement among themselves which shall:

(A) Identify the members of the consolidated permit application and review team;
(B) Identify all permits required for the project;
(C) Specify the regulatory and review responsibilities of the department and each state, county, and federal agency and set forth the responsibilities of the applicant;
(D) Establish a timetable for regulatory review, the conduct of necessary hearings, the preparation of an environmental impact statement if necessary, and other actions required to minimize duplication and to coordinate and consolidate the activities of the applicant, the department, and the state, county, and federal agencies; and
(E) Provide that a hearing required for a permit shall be held on the island where the proposed activity shall occur.
(4) A consolidated permit application and review team shall be established and shall consist of the members of the interagency group established pursuant to section 196D-6(a). The applicant shall designate its representative to be available to the review team, as it may require, for purposes of processing the applicant’s consolidated permit application.
(5) The department and each agency whose permitting functions are not transferred by § 196D-10 to the department for the purposes of the project, and each federal agency shall issue its own permit or approval based upon its own jurisdiction. The consolidated permit application and review process shall not affect or invalidate the jurisdiction or authority of any agency under existing law, except to the extent that the permitting functions of any agency are transferred by § 196D-10 to the department for the purposes of the project.
(6) The applicant shall apply directly to each federal agency that does not participate in the consolidated permit application and review process.
(7) The department shall review for completeness and thereafter shall process the consolidated permit application submitted by an applicant for the project, and shall monitor the processing of permit application by those agencies whose permitting functions are not transferred by § 196D-10 to the department for the purposes of the project. The department shall coordinate, and seek to consolidate where possible, the permitting functions and shall monitor and assist in the permitting functions conducted by all of these agencies, and to the fullest extent possible the federal agencies, in accordance with the consolidated permit application and review process.
(8) Once the processing of the consolidated permit application has been completed and the permits requested have been issued to the applicant, the department shall monitor the applicant’s work undertaken pursuant to the permits to ensure the applicant’s compliance with the terms and conditions of the permits.
(d) Where the contested case provisions under chapter 91 apply to any one or more of the permits to be issued by the agency for the purposes of the project, the agency, if there is a contested case involving any of the permits, may be required to conduct only one contested case hearing on the permit or permits within its jurisdiction. Any appeal from a decision made by the agency pursuant to a public hearing or hearings required in connection with a permit shall be made directly on the record to the intermediate appellate court, subject to chapter 602.

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