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.

Pursuant to HRS § 343-6, the Council must consult with affected agencies before revising. In addition, the Council is requesting feedback from the general public on its working draft language. The Council is not required to do this additional consultation. But, it is a citizen-led board responsible for the EIS process and subject to the Sunshine Law. Therefore, it believes that proactive engagement with stakeholders and the public prior to formalizing a draft rules package best embodies the spirit of the EIS and Sunshine laws. Once the Council has agreed upon a draft of revisions, it will request approval to go out for public hearings.

Pursuant to HRS Chapter 91, the Environmental Council must give 30 days notice for public hearings, and per HRS § 343-6, the Council must hold a public hearing in each county. The timeline for the public hearings and afterward is still to be determined.

Comment on the latest Version (0.4) of the revised rules.

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. When future drafts are posted, 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.

Version 0.4 Proposed HAR Chapter 11-200.1 (pdf) and Rationale (pdf).
Link to the Rules Update Process for Decision Making on Version 0.4.

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. After August 16, 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 (TBD) Rules Update Process for Decision Making on Version 0.4.
Agenda anticipated to include decision making regarding approval of Version 0.4 of the draft EIS Rules (as amended) and decision making on Version 0.4 as the version to request the Governor to allow to go out for public hearings.
TBD Notice of Public Hearings Version 1 – Draft Rules TBD
30 Days
from Notice
Public Hearings (4 hearings; 1 in each county) Version 1 – Draft Rules TBD
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.