Rules Update
The Environmental Advisory Council (Council) has completed updating the administrative rules for the environmental review process. Hawaiʻi Administrative Rules (HAR) Chapter 11-200.1, Environmental Impact Statement (EIS) Rules, is now in effect. This chapter establishes the procedures, content requirements, criteria, and definitions for implementing Hawaiʻi Revised Statutes (HRS) Chapter 343, the EIS law.
HAR Chapter 11-200.1 rules are in effect as of Aug. 9, 2019.
Governor Ige signed the new rules on July 30, 2019.
For background the documents submitted to Governor and as Version 2.0 are available here:
Rules in Standard Format
v2.0-Proposed-HAR-11-200.1-Rules-Standard_Final.pdf.
Rules in Ramseyer (Official) Format
v2.0-Proposed-HAR-11-200.1-Rules-Ramseyer_Final.pdf
Rules Rationale
v2.0-Proposed-HAR-11-200.1-Rules-Rationale_Final.pdf
Rules Rationale Appendix 1: Unofficial Ramseyer format showing changes from the existing rules to Draft to Final
v2.0-Proposed-HAR-11-200.1-Rules-Rationale-App-1-Ramseyer-Unofficial_96-1.0-2.0.pdf
Rules Rationale Appendix 2: Unofficial Ramseyer format showing changes from the existing rules to Final (This is the really useful document!)
v2.0-Proposed-HAR-11-200.1-Rules-Rationale-App-2-Ramseyer-Unofficial_96-2.0.pdf
Click here for a PDF of the Council’s Responses to Public Comments (final) received during the public hearings period.
Click here for a PDF of the written and oral testimony received during the public hearings period.
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 (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 (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 (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. |
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| 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. |
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| 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 [email protected] or 235 S. Beretania St, Suite 702 HNL 96813 |
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| 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 proposed amendments to the proposed rules. | |
| 11/27/18 | Council Meeting Agenda and Minutes | Decision making on adoption of final rule language. Council members proposed amendments to the proposed rules. | |
| 12/18/18 | Council Meeting Agenda and Minutes | Council’s Response to Public Comments on Version 1.0
Version 1.1 Final Proposed Rules
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Decision making on the Council’s response to public comments received during the public comment period on the Draft Proposed Rules (Version 1.0).
Decision making on adoption of Final Proposed Rules. Council members approved amendments and then the Final Proposed Rules. |
| 1/17/19 | Small Business Regulatory Review Board Agenda & Minutes | Version 2.0 Final Proposed Rules | |
| 1/22/19 | Small Business Regulatory Review Board Letter | ||
| 4/1/19 | Transmitted the Final Proposed Rules, Version 2.0, to the Governor’s Office via the Department of Health |
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| 5/7/19 | Governor Ige announces intent to sign the rules on July 30, 2019. | Governor’s Office news release | |
| 7/30/19 | Governor Ige signs the new rules. The rules take effect on Aug. 9, 2019. | Governor’s Office news release | |
| 8/9/19 | Hawaii Administrative Rules (HAR) Chapter 11-200.1 takes effect. |
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.
- Act 152, HB1318 HD1SD1CD1, 7/02/21, establishes the Environmental Advisory Council and transfers the Office of Environmental Quality Control to the Office of Planning and Sustainable Development.
- 2021-Act 152, HB1318 HD1SD1CD1, 7/02/21, details of the bill.
- 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 Advisory Council.