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.

NEW! The Council has completed amending the draft rules based on testimony received during the public hearings period. The Council plans to release the amended draft rules on December 12 as part of its agenda for its December 18 meeting to adopt the rules as amended to become the final rule to submit to the Governor.

Click here for a PDF of the Report of the Environmental Council’s “Permitted Interaction Group” that includes Discussion Points for the Council in Consideration of Written and Oral Comments to the Proposed Revisions to HAR 11-200.1 Environmental Impact Statement Rules

Click here for a PDF of the written and oral testimony received during the public hearings period.

The public hearings have been completed. 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

For the public hearings, the Council published Draft Version 1.0 and accompanying documents (“the Rules Package”). Click on the links below to open a PDF of the file:

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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 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.
4/10/18 Council Meeting Agenda & Minutes Report from Director about the logistics for the public hearings. No discussion or decision making regarding the rules themselves occurred.
4/20/18 Notice of Public Hearings DOH Public Hearing Notice The same public hearing notice is published in each of the island newspapers, e.g., Star-Advertiser Notice.
30 Days
from Notice
Public Comment Period Version 1.0 – Draft Rules
5/1/18 Council Meeting Agenda & Minutes Report from Director about the logistics for the public hearings. No discussion or decision making regarding the rules themselves occurred.
5/21/18
Mon
Public Hearing 1
Oahu – Downtown
9:00-11:00 am
State Capitol Auditorium (Basement). Metered parking available
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
No oral testimony was made at this hearing.
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
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.
No oral testimony was made at this hearing.
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.
Read oral comments (opens PDF in new tab to where the oral comments begin for this hearing).
6/5/18
Tue
Deadline to submit written comments on draft rules Send to oeqchawaii@doh.hawaii.gov or
235 S. Beretania St, Suite 702 HNL 96813
6/12/18 Council Meeting Agenda and Minutes Version 1.0 Written Comments (only; does not include oral comments) Council discussed the public hearings and distributed written comments to the Council and public. Council created a Permitted Interaction Group (PIG) to review the public feedback and develop draft responses for the Council’s consideration.
7/17/18 Council Meeting Agenda and Minutes (forthcoming) Update from the Permitted Interaction Group
8/7/18 Council Meeting Agenda and Minutes (forthcoming) Update from the Permitted Interaction Group
10/2/18 Council Meeting Agenda (cancelled) Version 1.0 All Comments (written and oral) Meeting was cancelled due to potential defects in the agenda.
10/25/18 Council Meeting Agenda and Minutes Version 1.0 PIG  Report on All Comments Receipt and discussion of PIG report.
11/13/18 Council Meeting Agenda and Minutes Decision making on adoption of final rule language. Council members may propose amendments to the proposed rules.
11/27/18 Council Meeting Agenda and Minutes (forthcoming) Decision making on adoption of final rule language. Council members may propose amendments to the proposed rules.
12/18/18 Council Meeting Agenda (forthcoming) Version 1.1 (forthcoming) Decision making on adoption of final rule. Council members may propose amendments to the rule.

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.