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.
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 email@example.com.
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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
|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|
|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.
- HRS Chapter 341 establish the Office of Environmental Quality Control, the Environmental Center, and the Environmental Council.
- HRS Chapter 343, “Environmental Impact Statements,” establish the state’s environmental review process.
- HRS Chapter 344 establish the state’s environmental policy to prevent or eliminate damage to the environment.
Hawaiʻi Administrative Rules (HAR) establish the specific processes used to enact the statutes and are written by state agencies.
- HAR Chapter 11-200, “Environmental Impact Statement Rules,” establish the procedures, content requirements, criteria, and definitions for applying HRS Chapter 343.
- HAR Chapter 11-201, establish rules and procedures for the Environmental Council.