reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 6 - APPLICABILITY › Section 11-200.1-8 - Applicability of chapter 343, HRS, to agency actions

Current through June, 2024
(a)
				  Chapter 343, HRS, environmental review shall be required for any agency action
				  that includes one or more triggers as identified in section
				  343-5(a),
				  HRS.
(1) Under section
				  343-5(a),
				  HRS, use of state or county funds shall include any form of funding assistance
				  flowing from the State or a county, and use of state or county lands includes
				  any use (title, lease, permit, easement, license, etc.) or entitlement to those
				  lands.
(2) Under section
				  343-5(a),
				  HRS, any feasibility or planning study for possible future programs or projects
				  that the agency has not approved, adopted, or funded are exempted from chapter
				  34 3, HRS, environmental review. Nevertheless, if an agency is studying the
				  feasibility of a proposal, it shall consider environmental factors and
				  available alternatives and disclose these in any future EA or EIS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 6 - APPLICABILITY › Section 11-200.1-9 - Applicability of chapter 343, HRS, to applicant actions

Current through June, 2024
(a) Chapter 343, HRS, environmental review
				  shall be required for any applicant action that:
(1) Requires one or more approvals prior to
				  implementation; and
(2) Includes
				  one or more triggers identified in section
				  343-5(a),
				  HRS.
(A) Under section
				  343-5(a),
				  HRS, use of state or county funds shall include any form of funding assistance
				  flowing from the State or a county, and use of state or county lands includes
				  any use (title, lease, permit, easement, license, etc.) or entitlement to those
				  lands.
(B) Under section
				  343-5(a)(1),
				  HRS, actions involving agricultural tourism under section
				  205-2(d)(11)
				  or section
				  205-4.5(a)(13),
				  HRS, are subject to environmental review when the respective county requires
				  environmental review under an ordinance adopted pursuant to section
				  205-5(b),
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 6 - APPLICABILITY › Section 11-200.1-10 - Multiple or phased actions

Current through June, 2024
A group of actions shall be treated as a single action
					 when:
(1) The component actions are
				  phases or increments of a larger total program;
(2) An individual action is a necessary
				  precedent to a larger action;
(3)
				  An individual action represents a commitment to a larger action; or
(4) The actions in question are essentially
				  identical and a single EA or EIS will adequately address the impacts of each
				  individual action and those of the group of actions as a whole.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 6 - APPLICABILITY › Section 11-200.1-11 - Use of prior exemptions, findings of no significant impact, or accepted environmental impact statements to satisfy chapter 343, HRS, for proposed actions

Current through June, 2024
(a) When an agency
				  is considering whether a prior exemption, FONSI, or an accepted EIS satisfies
				  chapter 343, HRS, for a proposed action, the agency may determine that
				  additional environmental review is not required because:
(1) The proposed action was a component of,
				  or is substantially similar to, an action that received an exemption, FONSI, or
				  an accepted EIS (for example, a project that was analyzed in a program
				  EIS);
(2) The proposed action is
				  anticipated to have direct, indirect, and cumulative effects similar to those
				  analyzed in a prior exemption, final EA, or accepted EIS; and
(3) In the case of a final EA or an accepted
				  EIS, the proposed action was analyzed within the range of
				  alternatives.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 7 - DETERMINATION OF SIGNIFICANCE › Section 11-200.1-12 - Consideration of previous determinations and accepted statements

Current through June, 2024
A proposing agency or applicant may incorporate
					 information or analysis from a relevant prior exemption notice, final EA, or
					 accepted EIS into an exemption notice, EA, EISPN, or EIS, for a proposed action
					 whenever the information or analysis is pertinent and has logical relevancy and
					 bearing to the proposed action (for example, a project that was broadly
					 considered as part of an accepted program EIS may incorporate relevant portions
					 from the accepted program EIS by reference).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 7 - DETERMINATION OF SIGNIFICANCE › Section 11-200.1-13 - Significance criteria

Current through June, 2024
(a) In considering
				  the significance of potential environmental effects, agencies shall consider
				  and evaluate the sum of effects of the proposed action on the quality of the
				  environment.
(b) In determining
				  whether an action may have a significant effect on the environment, the agency
				  shall consider every phase of a proposed action, the expected impacts, and the
				  proposed mitigation measures. In most instances, an action shall be determined
				  to have a significant effect on the environment if it may:
(1) Irrevocably commit a natural, cultural,
				  or historic resource;
(2) Curtail
				  the range of beneficial uses of the environment;
(3) Conflict with the State's environmental
				  policies or long-term environmental goals established by law;
(4) Have a substantial adverse effect on the
				  economic welfare, social welfare, or cultural practices of the community and
				  State;
(5) Have a substantial
				  adverse effect on public health;
(6) Involve adverse secondary impacts, such
				  as population changes or effects on public facilities;
(7) Involve a substantial degradation of
				  environmental quality;
(8) Be
				  individually limited but cumulatively have substantial adverse effect upon the
				  environment or involves a commitment for larger actions;
(9) Have a substantial adverse effect on a
				  rare, threatened, or endangered species, or its habitat;
(10) Have a substantial adverse effect on air
				  or water quality or ambient noise levels;
(11) Have a substantial adverse effect on or
				  be likely to suffer damage by being located in an environmentally sensitive
				  area such as a flood plain, tsunami zone, sea level rise exposure area, beach,
				  erosion-prone area, geologically hazardous land, estuary, fresh water, or
				  coastal waters;
(12) Have a
				  substantial adverse effect on scenic vistas and view planes, during day or
				  night, identified in county or state plans or studies; or
(13) Require substantial energy consumption
				  or emit substantial greenhouse gases.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 7 - DETERMINATION OF SIGNIFICANCE › Section 11-200.1-14 - Determination of level of environmental review

Current through June, 2024
(a) Fcr an
				  agency action, through its judgment and experience, a proposing agency shall
				  assess the significance of the potential impacts of the action to determine the
				  level of environmental review necessary for the action.
(b) For an applicant action, within thirty
				  days from the receipt of the applicant's complete request for approval to the
				  approving agency, through its judgment and experience, an approving agency
				  shall assess the significance of the potential impacts of the action to
				  determine the level of environmental review necessary for the action.
(c) If the proposing agency or approving
				  agency determines, through its judgment and experience, that the action will
				  individually and cumulatively probably have minimal or no significant effects,
				  and the action is one that is eligible for exemption under subchapter
				  8, then the proposing agency or the
				  approving agency in the case of an applicant may prepare an exemption notice in
				  accordance with subchapter
				  8.
(d) If the proposing agency or approving
				  agency determines, through its judgment and experience that the action is not
				  eligible for an exemption, then the proposing agency shall prepare, or the
				  approving agency shall require the applicant to prepare, an EA beginning with a
				  draft EA in accordance with subchapter 9, unless:
(1) In the course of preparing the draft EA,
				  the proposing agency or approving agency determines, through its judgment and
				  experience that the action may have a significant effect and therefore require
				  preparation of an EIS, then the proposing agency may prepare, or the approving
				  agency may authorize the applicant to prepare, an EA as a final EA to support
				  the determination prior to preparing or requiring preparation of an EIS in
				  accordance with subchapter 10; or
(2) The proposing agency or approving agency
				  determines, through its judgment and experience that an EIS is likely to be
				  required, then the proposing agency may choose to prepare, or an approving
				  agency may authorize an applicant to prepare, an EIS in accordance with
				  subchapter 10, beginning with preparation of an EISPN.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 8 - EXEMPT ACTIONS, LIST, AND NOTICE REQUIREMENTS › Section 11-200.1-16 - Exemption lists

Current through June, 2024
(a) Each agency,
				  through time and experience, may develop its own exemption list consistent with
				  both the letter and intent expressed in this subchapter and in chapter 343,
				  HRS, of:
(1) Routine activities and ordinary
				  functions within the jurisdiction or expertise of the agency that by their
				  nature do not have the potential to individually or cumulatively adversely
				  affect the environment more than negligibly and that the agency considers to
				  not rise to the level of requiring chapter 343, HRS, environmental review.
				  Examples of routine activities and ordinary functions may include, among
				  others: routine repair, routine maintenance, purchase of supplies, and
				  continuing administrative activities involving personnel only, nondestructive
				  data collection, installation of routine signs and markers, financial
				  transactions, personnel-related matters, construction or placement of minor
				  structures accessory to existing facilities; interior alterations involving
				  things such as partitions, plumbing, and electrical conveyances; and
(2) Types of actions that the agency
				  considers to be included within the exempt general types listed in section
				  11-200.1-15.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 8 - EXEMPT ACTIONS, LIST, AND NOTICE REQUIREMENTS › Section 11-200.1-17 - Exemption notices

Current through June, 2024
(a) Each agency
				  shall create an exemption notice for an action that it has found to be exempt
				  from the requirements for preparation of an EA pursuant to section
				  11-200.1-16(a)(2) or that an agency considers to be included within a general
				  type of action pursuant to section 11-200.1-15. An agency may create an
				  exemption notice for an action that it has found to be exempt from the
				  requirements for preparation of an EA pursuant to section 11-200.1-16 (a) (1)
				  or that an agency considers to be a routine activity and ordinary function
				  within the jurisdiction or expertise of the agency that by its nature does not
				  have the potential to individually or cumulatively adversely affect the
				  environment more than negligibly,
(b) To declare an exemption prior to
				  implementing an action, an agency shall undertake an analysis to determine
				  whether the action merits exemption pursuant to section 11-200.1-15 and is
				  consistent with one or several of the general types listed in section
				  11-200.1-15 or the agency's exemption list produced in accordance with section
				  11-200.1-16, and whether significant cumulative impacts or particularly
				  sensitive environments would make the exemption inapplicable. An agency shall
				  obtain the advice of other outside agencies or individuals having jurisdiction
				  or expertise on the propriety of the exemption. This analysis and consultation
				  shall be documented in an exemption notice.
(c) Each agency shall electronically provide
				  its exemption notices for review upon request by the public or an agency, and
				  shall submit a list of exemption notices that the agency has created to the
				  office for publication in the bulletin on the eighth day of each month pursuant
				  to subchapter
				  4.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 9 - PREPARATION OF ENVIRONMENTAL ASSESSMENTS › Section 11-200.1-19 - Notice of determination for draft environmental assessments

Current through June, 2024
(a) After:
(1) Preparing, or causing to be prepared, a
				  draft EA;
(2) Reviewing any public
				  and agency comments; and
(3)
				  Applying the significance criteria in section 11-200.1-13,
if the proposing agency or the approving agency anticipates
					 that the proposed action is not likely to have a significant effect, the
					 proposing agency or approving agency shall issue a notice of an anticipated
					 FONSI subject to the public review provisions of section 11-200.1-20.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 9 - PREPARATION OF ENVIRONMENTAL ASSESSMENTS › Section 11-200.1-21 - Contents of a final environmental assessment

Current through June, 2024
A final EA shall contain, but not be limited to, the
					 following information:
(1)
				  Identification of applicant or proposing agency;
(2) For applicant actions, identification of
				  the approving agency;
(3)
				  Identification of agencies, citizen groups, and individuals consulted in
				  preparing the EA;
(4) General
				  description of the action's technical, economic, social, cultural, historical,
				  and environmental characteristics;
(5) Summary description of the affected
				  environment, including suitable and adequate regional, location, and site maps
				  such as Flood Insurance Rate Maps, Floodway Boundary Maps, United States
				  Geological Survey topographic maps, or state sea level rise exposure area
				  maps;
(6) Identification and
				  analysis of impacts and alternatives considered;
(7) Proposed mitigation measures;
(8) The agency determination and the findings
				  and reasons supporting the determination;
(9) List of all required permits and
				  approvals (state, federal, and county) and, for applicants, identification of
				  which approval necessitates chapter 343, HRS, environmental review;
				  and
(10) Written comments, if any,
				  and responses to the comments received, if any, pursuant to the early
				  consultation provisions of section 11-200.1-18(a), and statutorily prescribed
				  public review periods in accordance with section 11-200,
				  1-20.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 9 - PREPARATION OF ENVIRONMENTAL ASSESSMENTS › Section 11-200.1-22 - Notice of determination for final environmental assessments

Current through June, 2024
(a) After:
(1) Preparing, or causing to be prepared, a
				  final EA;
(2) Reviewing any public
				  and agency comments; and
(3)
				  Applying the significance criteria in section 11-200.1-13, the proposing agency
				  or the approving agency shall issue a notice of a FONSI or EISPN in accordance
				  with subchapter 9, and file the notice with the office in accordance with
				  subchapter
				  4. For
				  applicant actions, the approving agency shall issue a determination within
				  thirty days of receiving the final EA.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-23 - Consultation prior to filing a draft environmental impact statement

Current through June, 2024
(a) An EISPN, including one resulting from an
				  agency authorizing the preparation of an EIS without first requiring an EA,
				  shall indicate in a concise manner;
(1)
				  Identification of the proposing agency or applicant;
(2) Identification of the accepting
				  authority;
(3) List of all required
				  permits and approvals (state, federal, and county) and, for applicants,
				  identification of which approval necessitates chapter 343, HRS, environmental
				  review;
(4) The determination to
				  prepare an EIS;
(5) Reasons
				  supporting the determination to prepare an EIS;
(6) A description of the proposed action and
				  its location;
(7) A description of
				  the affected environment, including regional, location, and site
				  maps;
(8) Possible alternatives to
				  the proposed action;
(9) The
				  proposing agency's or applicant's proposed scoping process, including when and
				  where any EIS public scoping meeting will be held; and
(10) The name, title, email address, physical
				  address, and phone number of an individual representative of the proposing
				  agency or applicant who may be contacted for further information.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-24 - Content requirements; draft environmental impact statement

Current through June, 2024
(a) The draft EIS, at a minimum, shall
				  contain the information required in this section. The contents shall fully
				  declare the environmental implications of the proposed action and shall discuss
				  all reasonably foreseeable consequences of the action. In order that the public
				  can be fully informed and that the accepting authority can make a sound
				  decision based upon the full range of responsible opinion on environmental
				  effects, an EIS shall include responsible opposing views, if any, on
				  significant environmental issues raised by the proposal.
(b) The scope of the draft EIS may vary with
				  the scope of the proposed action and its impact, taking into consideration
				  whether the action is a project or a program. Data and analyses in a draft EIS
				  shall be commensurate with the importance of the impact, and less important
				  material may be summarized, consolidated, or simply referenced. A draft EIS
				  shall indicate at appropriate points in the text any underlying studies,
				  reports, and other information obtained and considered in preparing the draft
				  EIS, including cost-benefit analyses and reports required under other legal
				  authorities.
(c) The level of
				  detail in a draft EIS may be more broad for programs or components of a program
				  for which site-specific impacts are not discernible, and shall be more specific
				  for components of the program for which site-specific, project-level impacts
				  are discernible. A draft EIS for a program may, where necessary, omit
				  evaluating issues that are not yet ready for decision at the project level.
				  Analysis of the program may discuss in general terms the constraints and
				  sequences of events likely to result in any narrowing of future options. It may
				  present and analyze in general terms hypothetical scenarios that are likely to
				  occur.
(d) The draft EIS shall
				  contain a summary that concisely discusses the following:
(1) Brief description of the
				  action;
(2) Significant beneficial
				  and adverse impacts,*
(3) Proposed
				  mitigation measures;
(4)
				  Alternatives considered*
(5)
				  Unresolved issues;
(6)
				  Compatibility with land use plans and policies, and a list of permits or
				  approvals; and
(7) A list of
				  relevant EAs and EISs considered in the analysis of the preparation of the
				  EIS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-25 - Public review requirements for draft environmental impact statements

Current through June, 2024
(a) Public review shall not substitute for
				  early and open discussion with interested persons and agencies concerning the
				  environmental impacts of a proposed action. Review of the draft EIS shall serve
				  to provide the public and other agencies an opportunity to discover the extent
				  to which a proposing agency or applicant has examined environmental concerns
				  and available alternatives.
(b) The
				  period for public review and for submitting written comments shall commence
				  from the date that notice of availability of the draft EIS is initially
				  published in the periodic bulletin and shall continue for a period of
				  forty-five days, unless mandated otherwise by statute. Written comments shall
				  be received by or postmarked to the accepting authority, and in the case of
				  applicants, to either the accepting authority or the applicant, within the
				  forty-five-day comment period. Any comments outside of the forty-five-day
				  comment period need not be responded to nor considered.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-26 - Comment response requirements for draft environmental impact statements

Current through June, 2024
(a) In accordance with the content
				  requirements of section 11-200.1-27, the proposing agency or applicant shall
				  respond within the final EIS to all substantive written comments received
				  pursuant to section 11-200.1-25. In deciding whether a written comment is
				  substantive, the proposing agency or applicant shall give careful consideration
				  to the validity, significance, and relevance of the comment to the scope,
				  analysis, or process of the EIS, bearing in mind the purpose of this chapter
				  and chapter 343, HRS. Written comments deemed by the proposing agency or
				  applicant as non-substantive and to which no response was provided shall be
				  clearly indicated.
(b) Proposing
				  agencies and applicants shall respond in the final EIS to all substantive
				  written comments in one of two ways, or a combination of both, so long as each
				  substantive comment has clearly received a response:
(1) By grouping comment responses under topic
				  headings and addressing each substantive comment raised by an individual
				  commenter under that topic heading by issue. When grouping comments by topic
				  and issue, the names of commenters who raised an issue under a topic heading
				  shall be clearly identified in a distinctly labeled section with that topic
				  heading. All substantive comments within a single comment letter must be
				  addressed, but may be addressed throughout the applicable topic areas with the
				  commenter identified in each applicable topic area. All comments, except those
				  described in subsection (c), must be appended in full to the final document;
				  or
(2) By providing a separate and
				  distinct response to each comment clearly identifying the commenter and the
				  comment receiving a response for each comment letter submitted. All comments,
				  except those described in subsection (c), must either be included with the
				  response or appended in full to the final document.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-27 - Content requirements; final environmental impact statement

Current through June, 2024
(a) The final EIS, at a minimum, shall
				  contain the information required in this section. The contents shall fully
				  declare the environmental implications of the proposed action and shall discuss
				  all reasonably foreseeable consequences of the action. In order that the public
				  can be fully informed and the accepting authority can make a sound decision
				  based upon the full range of responsible opinion on environmental effects, an
				  EIS shall include responsible opposing views, if any, on significant
				  environmental issues raised by the proposal.
(b) The final EIS shall consist of:
(1) The draft EIS prepared in compliance with
				  this subchapter, as revised to incorporate substantive comments received during
				  the review processes in conformity with section 11-200.1-26, including
				  reproduction of all comments and responses to substantive written
				  comments;
(2) A list of persons,
				  organizations, and public agencies commenting on the draft EIS;
(3) A list of those persons or agencies who
				  were consulted in preparing the final EIS and those who had no comment shall be
				  included in a manner indicating that no comment was provided;
(4) A written general summary of oral
				  comments made at any EIS public scoping meeting; and
(5) The text of the final EIS written in a
				  format that allows the reader to easily distinguish changes made to the text of
				  the draft EIS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-28 - Acceptability

Current through June, 2024
(a) Acceptability of a final EIS shall be
				  evaluated on the basis of whether the final EIS, in its completed form,
				  represents an informational instrument that fulfills the intent and provisions
				  of chapter 343, HRS, and adequately discloses and describes all identifiable
				  environmental impacts and satisfactorily responds to review comments.
(b) A final EIS shall be deemed to be an
				  acceptable document by the accepting authority only if all of the following
				  criteria are satisfied:
(1) The procedures for
				  assessment, consultation process, review, and the preparation and submission of
				  the EIS, from proposal of the action to publication of the final EIS, have all
				  been completed satisfactorily as specified in this chapter;
(2) The content requirements described in
				  this chapter have been satisfied; and
(3) Comments submitted during the review
				  process have received responses satisfactory to the accepting authority,
				  including properly identifying comments as substantive and responding in a way
				  commensurate to the comment, and have been appropriately incorporated into the
				  final EIS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 10 - PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS › Section 11-200.1-29 - Appeals to the council

Current through June, 2024
An applicant, within sixty days after a non-acceptance
					 determination by the accepting authority under section 11-200,
					 1-28 of
					 a final EIS, may appeal the non-acceptance to the council, which within the
					 statutorily mandated period after receipt of the appeal, shall notify the
					 applicant appealing of its determination to affirm the accepting authority's
					 non-acceptance or to reverse it. The council chairperson shall include the
					 appeal on the agenda of the next council meeting following receipt of the
					 appeal. In any affirmation or reversal of an appealed non-acceptance, the
					 council shall provide the applicant and the accepting authority with specific
					 findings and reasons for its determination. The accepting authority shall abide
					 by the council's decision.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 12 - RETROACTIVITY AND SEVERABILITY › Section 11-200.1 32 - Retroactivity

Current through June, 2024
(a) This chapter shall apply immediately upon
				  taking effect, except as otherwise provided below.
(b) Chapter 11-200 shall continue to apply to
				  environmental review of agency and applicant actions which began prior to the
				  adoption of chapter 11-200.1, provided that:
(1) For EAs, if the draft EA was published by
				  the office prior to the adoption of this chapter and has not received a
				  determination within a period of five years from the implementation of this
				  chapter, then the proposing agency or applicant must comply with the
				  requirements of this chapter. All subsequent environmental review, including an
				  EISPN must comply with this chapter.
(2) For EISs, if the EISPN was published by
				  the office prior to the adoption of this chapter and the final EIS has not been
				  accepted within five years from the implementation of this chapter, then the
				  proposing agency or applicant must comply with the requirements of this
				  chapter.
(3) A judicial proceeding
				  pursuant to section
				  343-7, HRS,
				  shall not count towards the five-year time period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 12 - RETROACTIVITY AND SEVERABILITY › Section 11-200.1-33 - Severability

Current through June, 2024
If any provision of this chapter or the application thereof
					 to any person or circumstance is held invalid, the invalidity shall not affect
					 other provisions or applications of this chapter which can be given effect
					 without the invalid provision or application; and to this end, the provisions
					 of this chapter are declared to be severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 1 - Purpose › Section 11-201-1 - Purpose

Current through June, 2024
This chapter governs procedures before the environmental
					 council of the State of Hawaii under chapter 343, Hawaii Revised Statutes, and
					 other-related acts as may now or hereafter be administered by the council. They
					 shall be construed to effectuate the purposes of chapter 343, Hawaii Revised
					 Statutes, and to secure the just and speedy determination of every
					 proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 2 - Definition › Section 11-201-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
					 specifically requires:
* "Appellant" means an applicant who appeals the
					 non-acceptance by an agency of that person's environmental impact
					 statement.
* "Council" means the environmental council of the State
					 of Hawaii. Its membership shall be as provided in section
					 341-3,
					 Hawaii Revised Statutes.
* "Director" means the director of environmental quality
					 control.
* "Office" means the office of environmental quality
					 control.
* "Party" means each person or agency specifically
					 affected by a proceeding other than as a member of the general public. The
					 attorney general or the attorney general's representative shall be designated
					 as "counsel for the council" and shall be party to all proceedings governed by
					 this chapter.
* "Petitioner" means the person or agency on whose behalf
					 a petition is made to the council for a declaratory ruling or for the adoption,
					 amendment, or repeal of any rule of the council.
* "Proceeding" means the council's elucidation and
					 consideration of the relevant facts and applicable laws and its action
					 thereupon with respect to a particular subject within its jurisdiction,
					 initiated by a filing or submittal by petition, appeals, and applications by an
					 interested person or agency or by a council notice or order, and shall include,
					 but not be limited to:
1. Proceedings involving the adoption, amendment, or repeal
					 of any rule of the council;
2. Proceedings involving declaratoryrulings; and
3. Appeals instituted at the request of an applicant,
					 involving the non-acceptance of the applicant's environmental impact statement
					 by the agency responsible for accepting that statement
* "Respondent" means an agency whose determination is
					 subject to an appeal filed with the council.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 3 - Environmental Council › Section 11-201-3 - Environmental Council

Current through June, 2024
A. The office of
				  the environmental council shall be located at such place and address as the
				  council shall from time to time designate. All communications to the council
				  shall be addressed to the environmental council, unless otherwise specifically
				  directed.
B. The office of the
				  council shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday,
				  unless otherwise provided by statute or executive order.
C. The council may meet and exercise its
				  powers in any part of the State of Hawaii. All meetings of the council shall be
				  open to the public, except that the council may meet in executive meetings,
				  from which the public may be excluded, by a recorded vote of not less than
				  two-thirds of the members present. An executive meeting shall be authorized
				  only when, in accordance with law, it is deemed necessary for the protection of
				  the character or reputation of any person or the protection of secret processes
				  or methods of manufacture of any person or when the attorney general determines
				  it is necessary for the preparation of the prosecution or defense of any action
				  or proceeding. No order, ruling, appointment, contract, or decision shall be
				  finally acted upon at an executive meeting. Meetings shall be held at times as
				  the council deems advisable. Meetings may be scheduled by consensus of the
				  council during the course of a meeting or during intervening days, at the call
				  of the council chairperson or the director upon notifying the council
				  chairperson. The public, petitioners, appellants, and respondents shall receive
				  reasonable notice of all meetings. Notice of meetings of the council shall:
1. Be sent to all requesting to be on the
				  mailing list for this purpose and other interested parties;
2. Be posted in the office of the
				  environmental council; and
3. Be
				  distributed to the news media, if possible.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 3 - Environmental Council › Section 11-201-4 - Delegation of Administrative Duties

Current through June, 2024
A. The council may
				  delegate to any individual the power or authority vested in the council as it
				  deems reasonable and proper for the effective administration of chapter 343,
				  Hawaii Revised Statutes, except the power to adopt, amend, or repeal
				  rules.
B. The council by written
				  resolution adopted by a majority of the members to which it is entitled, may
				  appoint a hearing officer or officers, who may, but need not be, members of the
				  council, or a disinterested attorney at law or other person or a combination of
				  any of them to hold a hearing as provided in this chapter and take testimony
				  upon the matters involved in the hearing and transmit to the council a record
				  of the hearing, including a recording or transcript and a summary of the
				  evidence taken at the hearing. After review of the testimony and evidence, a
				  majority of the members to which the council is entitled shall render a
				  decision on the matter.
C. Any
				  hearing officer may be paid a reasonable compensation as shall be determined by
				  the council, provided that no member of the council shall be eligible to
				  receive any compensation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 4 - Public Records › Section 11-201-5 - Public Records

Current through June, 2024
A. The term "public
				  records" as used in this chapter is defined as in section 92-50, Hawaii Revised
				  Statutes, and shall include all maps, rules, environmental impact statements
				  and related documents, written statements of policy or interpretation
				  formulated, adopted, or used by the council all final opinions and orders, the
				  minutes of meeting of the council, and any other material on file in the office
				  of the council, which shall include all statements and other documents prepared
				  under the provisions of chapter
				  343, Hawaii Revised Statutes, except
				  materials and minutes submitted and reported in executive meetings of the
				  council.
B. All public records
				  shall be available for inspection in the office of the council at Honolulu,
				  Hawaii, during established office hours unless public inspection of those
				  records is in violation of any state or federal law.
C. Public records printed or reproduced by
				  the council shall be given to any person requesting them and paying the
				  reasonable cost thereof.
D.
				  Requests for public information, for permission to inspect official records, or
				  for copies of public records shall be handled expeditiously.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-7 - Disqualification of Council Member or Hearing Officer

Current through June, 2024
Any party to a hearing, up to five days before the
					 proceeding, may file an affidavit that one or more of the council members or a
					 hearing officer has a personal bias or prejudice. The council member against
					 whom the affidavit is so filed may answer the affidavit or may file a
					 disqualifying certificate with the council. If the council member or hearing
					 officer chooses to answer the affidavit, the remaining council members shall
					 decide by a majority of all the members to which the council is entitled
					 whether that council member or hearing officer shall be disqualified from the
					 proceeding. Every affidavit shall state the facts and reasons for the belief
					 that bias or prejudice exists and shall be filed at least five days before the
					 hearing, or good cause shall be shown for the failure to file it within the
					 time. Any council member or hearing officer may request disqualification by
					 filing with the chairperson a certificate that deems that person unable for any
					 reason to preside with impartiality in the pending hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-8 - Consolidations

Current through June, 2024
The council, upon its own initiative or upon motion, may
					 consolidate for hearing or for other purposes or may contemporaneously consider
					 two or more proceedings that involve substantially the same parties, or issues
					 that are the same or closely related, if it finds that the consolidation or
					 contemporaneous hearing will be conducive to the proper dispatch of its
					 business and to the ends of justice and will not unduly delay the
					 proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-9 - Filing of Documents

Current through June, 2024
A. All requests,
				  appeals, pleadings, submittals, petitions, reports, maps, exceptions, briefs,
				  memoranda, and other papers required to be filed with the council in any
				  proceeding shall be filed at the office of the council at Honolulu, Hawaii,
				  within the time limits prescribed by law, this chapter, or by order of the
				  council. The date on which the papers are received shall be regarded as the
				  date of filing.
B. All requests and
				  appeals filed with the council shall be written in black ink, typewritten,
				  mimeographed, or printed; shall be plainly legible; and shall be on strong,
				  durable paper not larger than
				  8-1/2" X 14"
				  in size, except that maps, charts, tables, and other like documents may be
				  larger, folded to the size of the papers to which they are attached.
C. All documents shall be signed in indelible
				  ink by the party signing or by a duly authorized agent or attorney. The
				  signature of the person signing the document constitutes a certification that
				  the person has read the document; that to the best of that person's knowledge,
				  information, and belief, every statement contained therein is true, and no such
				  statement is misleading; and that it is not interposed for delay.
D. Unless otherwise specifically provided by
				  a particular rule or order of the council, an original and fifteen copies of
				  all papers shall be filed.
E. All
				  documents filed by any person or agency in any proceeding shall state on the
				  first page thereof the name, mailing address, and business telephone number, if
				  any, of the individual or individuals who may be served with any documents
				  filed in the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-10 - Amendment of Documents and Dismissal

Current through June, 2024
If any document filed in a proceeding is not in
					 substantial conformity with the applicable rules of the council as to contents
					 thereof, or is otherwise insufficient, the council, on its own motion or on
					 motion of any party, may strike the document or require its amendment. If
					 amended, the document shall be effective as of the date of the receipt of the
					 amendment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-11 - Retention of Documents

Current through June, 2024
All documents filed with or presented to the council shall
					 be retained in the files of the council. The council may permit the withdrawal
					 of original documents upon submission of properly authenticated copies to
					 replace the documents.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-12 - Service of Process

Current through June, 2024
A. The council
				  shall cause to be served all orders, notices, and other papers issued by it,
				  together with any other papers that it is required by law to serve. All other
				  papers shall be served by the parties filing them.
B. All papers served by either the council or
				  any party shall be served upon all parties or their counsel. Any counsel
				  entering an appearance subsequent to the proceeding shall notify all other
				  counsel then of record and all parties not represented by counsel of the
				  fact.
C. The final order, and any
				  other paper required to be served by the council upon a party, shall be served
				  upon the party and a copy shall be furnished to counsel of record.
D. Service of papers shall be made personally
				  or, unless otherwise provided by law, by first-class mail.
E. Service upon parties, other than the
				  council, shall be regarded as complete by mail upon deposit in the United
				  States mail, properly stamped and properly addressed to the parties
				  involved.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-13 - Council Decision

Current through June, 2024
All final orders, opinions, or rulings entered by the
					 council in the proceeding and rules adopted by the council shall be served upon
					 the parties participating in the proceeding by regular mail or personal
					 delivery by the council and shall be released for general publication. Copies
					 of the published material shall be available for public inspection in the
					 office of the council or may be obtained upon request and upon payment of
					 reasonable charges.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-14 - Computation of Time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 this chapter, order of the council, or by any applicable statute, the day of
					 the act, event, or default after which the designated period of time is to run,
					 shall not be included. The last day of the period so computed shall be included
					 unless it is a Sunday or legal holiday in the State of
					 Hawaii.