Geothermal and cable development permitting : a report to the 1990 Legislature

Prepared by the Department of Land and Natural Resources Division of Water and Land Development State of Hawaii in response to Section 196D-ll, Hawaii Revised Statutes Honolulu, Hawaii, November 1989. Act 301, Session Laws of Hawaii 1988, requires that the Department of Land and Natural Resources establish a consolidated permit application and review process in which County and State agencies would be required to participate and to the fullest extent possible, all Federal agencies having jurisdiction over any aspect of the project. The Act, now codified as Chapter 196D, Hawaii Revised Statutes, calls for the following actions to be undertaken: the establishment of an Interagency Group to perform liaison and assistance functions; the adoption of an interagency agreement designating members of a permit review team; and the identification of all applicable permits required for any project, including the regulatory responsibilities of each agency and the applicant. The joint interagency agreement shall establish a timetable for regulatory review, the conduct of required hearings, and other actions relative to the project and the island where the proposed activity is to occur. Chapter 196D, HRS, also sets forth the transfer of certain regulatory functions of. the Department of Transportation and the Land Use Commission to the Department for purposes of geothermal and cable system development permitting. In addition, the statute requires that the Department implement a resolution process for administrative and/or procedural conflicts between agencies; establish a program to monitor compliance of all permitted activities; and provide any streamlining mechanism that may assist agency and public review of permit applications. The statute also charges the Department with the responsibiilty for providing permitting and regulatory informational services, and the establishment of a repository of laws, rules, and related information concerning geothermal/cable development, Lastly, the statute prescribes that the Department implement, and utilize other measures as appropriate to carry outJthe consolidated permitting application process effectively and efficiently. The scope of this annual report is limited to a review of the Department's accomplishments and the current status of ongoing activities of the Department in efforts to the facilitate the permit processes related to the development of one of Hawaii's most significant energy resources