Rules Update

The Environmental Council (Council) is updating Hawaiʻi Administrative Rules (HAR) Chapter 11-200, Environmental Impact Statement (EIS) Rules. This chapter establishes the procedures, content requirements, criteria, and definitions for implementing Hawaiʻi Revised Statutes (HRS) Chapter 343, the EIS law.

The timeline for the public hearings has been set! Here is the link to the public notice:
https://health.hawaii.gov/opppd/files/2018/04/NOTICE-OF-PUBLIC-HEARING-Docket-No.-R11-200-05-18-Environmental-Impact-Statement-003.pdf

PUBLIC NOTICE DOCKET NO. R11-200-05-18 HAWAII DEPARTMENT OF HEALTH

The State of Hawaii Department of Health (DOH) will hold public hearings for the proposed repeal of Hawaii Administrative Rules (HAR) Title 11 Chapter 200, “Environmental Impact Statement Rules” and adoption of Chapter 200.1, “Environmental Impact Statement Rules”. The proposed repeal and adoption will update and substantially revise rules regarding the system of environmental review at the state and county levels which shall ensure that environmental, economic, and technical concerns are given appropriate consideration in decision making in accordance with Chapter 343, Hawaii Revised Statutes. The purpose of this rule is to provide agencies, applicants, and the public with environmental review procedures, specifications of contents of environmental assessments and environmental impact statements, and criteria and definitions that apply statewide. The Council urges the public to review the Rules Rationale document for explanations of the proposed changes.

The proposed amendments can be viewed for free in person at DOH, 1250 Punchbowl Street, Honolulu or at the Office of Environmental Quality Control (OEQC) at 235 South Beretania Street, Suite 702, Honolulu – between 8 am to 4 pm.  The amendments are also posted online at: http://health.hawaii.gov/oeqc/rules-update; or available by making a request to the OEQC at oeqchawaii@doh.hawaii.gov.  Hard copies will be mailed on request and a prepayment of 5 cent/page copy fee and postage; call 808-586-4185 to request.

Public hearings will be on:

  • Oahu (2)
    • Monday, May 21, 2018, 9:00-11:00 am, State Capitol Auditorium (Basement). Metered parking available.
    • Monday, May 21, 2018, 6:00-8:00 pm, DOH, Board Room, 1250 Punchbowl Street. Parking available. After hours entrance to the Board Room use door facing Punchbowl Street, follow signs.
  • Hawaii Island (2)
    • Hilo – Tuesday, May 22, 2018, 9:00-11:00 am, Hawaii Environmental Health Conference Room, 1582 Kamehameha Avenue, Hilo.  Parking is available at the building or next door at the Waiakea Recreation Center parking lot.
    • Kona – Tuesday, May 22, 2018, 5:00-7:00 pm, West Hawaii Civic Center, Council Chambers, 74-5044 Ane Keohokalole Highway, Kailua-Kona. Parking is available.
  • Molokai (1)
    • Thursday, May 24, 2018 3:00-5:00 pm, Mitchell Pauole Community Center, 90 Ainoa Street, Kaunakakai.  Parking is available.
  • Kauai (1)
    • Tuesday, May 29, 2018, 6:00-8:00 pm, Elsie H. Wilcox Elementary School, Cafeteria, 4319 Hardy Street, Lihue. Parking is available.
  • Lanai (1)
    • Wednesday, May 30, 2018, 3:00-5:00 pm, Lanai High and Elementary School, Cafeteria, 555 Fraser Avenue, Lanai City. Parking is available.
  • Maui (2)
    • Thursday, May 31, 2018, 9:30-11:30 am, Wailuku State Office Building, 54 South High Street, 3rd Floor Conference Room A,B,C. Metered parking is available around building.
    • Thursday, May 31, 2018, 5:00-7:00 pm, Maui Waena Intermediate School, Cafeteria, 795 Onehee Avenue, Kahului. Parking is available.

 PUBLIC TESTIMONY

All interested parties may attend to present relevant information and individual opinion.  Anyone unable to attend may send written testimony to Attn: EIS Rules, 235 South Beretania Street, Suite 702, Honolulu, Hawaii 96813 or email to: oeqchawaii@doh.hawaii.gov. Oral testimony shall be limited to three (3) minutes per testifier.  Written Testimony must be received by Tuesday, June 5, 2018 at 4:30 pm.  To request an auxiliary aid or service (e.g. ASL interpreter, large print) for the hearing, call 808-586-4185 (voice/TDD) or email oeqchawaii@doh.hawaii.gov at least ten business days before the hearing.

The Council has published Draft Version 1.0 and accompanying documents (“the Rules Package”) here. Click on the links below to open a PDF of the file:

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Commenting on Draft Version 1.0 of the proposed rules is open.
Click the link above to review comments made directly on the PDF of the latest version of the revised rules, and to see other comments. You can comment anonymously or register and login to identify yourself and get additional features, like the ability to edit, delete, upvote, and downvote comments. For general comments that are not associated with specific lines within the document, please email oeqchawaii@doh.hawaii.gov.

Alternatively, comments may be sent directly to oeqchawaii@doh.hawaii.gov.

Please note that comments submitted on the draft rules are public documents. Do not include any information that you do not want shared with the public, such as personal information like phone numbers or email addresses. All comments received will be shared with the public as is without redaction. The Council and OEQC will not be responsible for redacting information.

Comments Received on Past Drafts

Timeline

Date Event Version Additional Info
7/27/17 Council Meeting Agenda & Minutes Version 0.1 as prepared by the Permitted Interaction Group and introduced to the Council Department of Health News Release: State Environmental Council Updating EIS Rules
8/8/17 Council Meeting Agenda & Minutes Version 0.1 discussed and approved as baseline document None
8/22/17 Council Meeting Agenda & Minutes Version 0.1 discussed Discussion on rules only
9/5/17 Council Meeting Agenda & Minutes Version 0.2 introduced and discussed Discussion includes other Council business (committees)
9/19/17 Council Meeting Cancelled Version 0.2 under review EC offering additional time to agencies and the public for review prior to meeting to discuss in depth
10/3/17 Council Meeting Agenda & Minutes Version 0.2 discussed Discussion on rules only
10/18/17 Council Meeting Agenda & Minutes Agenda to include public testimony on Version 0.2 Normal business
10/20/17 Deadline for written comments on Version 0.2 Version 0.2 None
10/31/17 Council Meeting Agenda & Minutes Version 0.3 to be introduced and considered; distributed to the Council and public on October 29, 2017 Agenda includes comments received on Version 0.2 by October 20, 2017
11/7/17 Council Meeting Agenda & Minutes (forthcoming) Version 0.3 (CiviComment)
Version 0.3 (PDF)
Normal business; Version 0.3 is out for review and only the Version 0.3 exemption provisions are on the agenda for discussion at this meeting. No decision making will occur on Version 0.3 at this meeting.
11/27/17 Deadline for written comments on Version 0.3 Version 0.3 (CiviComment)
Version 0.3 (PDF)
Note: deadline changed from November 17 to November 27 to provide more time to review Version 0.3 and make comments.
12/5/17 Council Meeting Agenda & Minutes (forthcoming) Discussion of comments received on Version 0.3 and potential revisions to language in Version 0.3 The version would be revised by the Council and voted on at a subsequent meeting to be prepared as Version 1.0 for the public hearing request
1/9/18 Council Meeting Agenda & Minutes (forthcoming) Discussion of comments received on Version 0.3 and potential revisions to language in Version 0.3 Agenda anticipated to focus on the annual report and other Council business, anticipated to include additional discussion on Version 0.3 and comments received
1/12/18 Extended deadline for written comments on Version 0.3 Version 0.3 (CiviComment)
Version 0.3 (PDF)
Deadline extended to January 12, 2018 to provide more time to review Version 0.3 and make comments.
Version 0.4 anticipated release date moved to February 16, 2018 and first discussed on February 20, 2018 with decision making to occur on March 6, 2018.
2/20/18 Release of Version 0.4 Version 0.4 was released at the February 20, 2018 Council meeting; Version 0.4 has three documents: 1) the official version formatted per the Legislative Reference Bureau (LRB); the official rationale document for the proposed changes; and the unofficial version formatted in a “Ramseyer-light” style.
2/20/18 Council Meeting Agenda & Minutes (forthcoming) Agenda includes presentation and discussion of Version 0.4 of the draft EIS Rules.
3/5/18 Deadline for proposed changes on Version 0.4. Rules Update Process for Decision Making on Version 0.4.
The Council will accept comment on Version 0.4 until the March 5, 2018 Council meeting.
3/6/18 Council Meeting Agenda & Minutes Rules Update Process for Decision Making on Version 0.4.
The Council voted to request public hearings for the repeal of Chapter 11-200, HAR and the promulgation of Chapter 11-200.1. The updated document will be posted as Version 1.0 when it is ready. Version 1.0 will be based on Version 0.4a with amendments made at the March 6, 2018 meeting.
3/21/18 Small Business Regulatory Review Board Agenda & Minutes The SBRRB recommended that the draft rules go out for public hearing.
4/20/18 Notice of Public Hearings DOH Public Hearing Notice The same public hearing notice is published in each of the newspapers below.
30 Days
from Notice
Public Comment Period Version 1 – Draft Rules
5/21/18
Mon
Public Hearing 1
Oahu – Downtown
9:00-11:00 am
State Capitol
Auditorium (Basement). Metered parking available
Star-Advertiser Notice
5/21/18
Mon
Public Hearing 2
Oahu – Downtown
6:00-8:00 pm
DOH, Board Room, 1250
Punchbowl Street. Parking available. After hours entrance to the Board Room use door facing Punchbowl Street, follow signs.
Star-Advertiser Notice
5/22/18
Tue
Public Hearing 3
Hawaii – Hilo
9:00-11:00 am
Hawaii Environmental Health Conference Room, 1582 Kamehameha
Avenue, Hilo. Parking is available at the building or next door at
the Waiakea Recreation Center parking lot.
Hawaii Tribune Herald Notice
5/22/18
Tue
Public Hearing 4
Hawaii – Kona
5:00-7:00 pm
West Hawaii Civic
Center, Council Chambers, 74-5044 Ane Keohokalole Highway,
Kailua-Kona. Parking is available.
Hawaii Tribune Herald Notice
5/24/18
Thu
Public Hearing 5
Maui – Molokai
3:00-5:00 pm
Mitchell Pauole Community Center, 90 Ainoa Street, Kaunakakai. Parking is available.
To be published in the Molokai Dispatch on Wed, 4/25/18
5/29/18
Tue
Public Hearing 6
Kauai – Lihue
6:00-8:00 pm
Elsie H. Wilcox Elementary School, Cafeteria, 4319 Hardy Street, Lihue. Parking is available.
Garden Island Notice (link is to page, then scroll to find this specific notice)
5/30/18
Wed
Public Hearing 7
Maui – Lanai
3:00-5:00 pm
Lanai High and Elementary School, Cafeteria, 555 Fraser Avenue, Lanai City. Parking is available.
(Online link to Maui News Notice forthcoming)
5/31/18
Thu
Public Hearing 8
Maui – Wailuku
9:30-11:30 am
Wailuku State Office Building, 54 South High Street, 3rd Floor Conference Room A,B,C. Metered parking is available around building.
(Online link to Maui News Notice forthcoming)
5/31/18
Thu
Public Hearing 9
Maui – Kahului
5:00-7:00 pm
Maui Waena Intermediate School, Cafeteria, 795 Onehee Avenue, Kahului. Parking is available.
(Online link to Maui News Notice forthcoming)
TBD Council to consider results of the public hearings and review proposed language Version 1.1 etc. until finalized as Version 2 and submitted to Governor for approval TBD

Relevant statutes and rules

Hawaiʻi Revised Statutes (HRS) are written by the state legislature and signed by the governor, and can only be changed through legislative action.

Hawaiʻi Administrative Rules (HAR) establish the specific processes used to enact the statutes and are written by state agencies.