§343-6 Rules. (a) After consultation
with the affected agencies and the environmental advisory council, the office
of planning and sustainable development shall adopt, amend, or repeal necessary
rules for the purposes of this chapter in accordance with chapter 91 including
but not limited to rules that shall:
(1) Prescribe the procedures whereby a group of
proposed actions may be treated by a single environmental assessment or
statement;
(2) Establish procedures whereby specific types of
actions, because they will probably have minimal or no significant effects on
the environment, are declared exempt from the preparation of an environmental
assessment;
(3) Prescribe procedures for the preparation of an
environmental assessment;
(4) Prescribe the contents of an environmental
assessment;
(5) Prescribe procedures for informing the public of
determinations that a statement is either required or not required, for
informing the public of the availability of draft environmental impact
statements for review and comments, and for informing the public of the
acceptance or nonacceptance of the final environmental statement;
(6) Prescribe the contents of an environmental impact
statement;
(7) Prescribe procedures for the submission,
distribution, review, acceptance or nonacceptance, and withdrawal of an
environmental impact statement; and
(8) Establish criteria to determine whether an
environmental impact statement is acceptable or not.
(b) At least one public hearing shall be held
in each county prior to the final adoption, amendment, or repeal of any rule.
[L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(7); am L 1983, c 140,
§9; am L 1986, c 186, §2; am L 1987, c 187, §3; am L 2008, c 110, §3; am L
2021, c 152, §14 and c 153, §9]
Law Journals and Reviews
Determining the Expiration Date of an Environmental Impact
Statement: When to Supplement a Stale EIS in Hawai`i. 35 UH L. Rev. 249
(2013).
Case Notes
Project requiring completely new drainage system serving over
300 residences was qualitatively incompatible with both letter and intent of
administrative rules implementing subsection (a)(7) which intended to exempt
only very minor projects from requirements of this chapter. 86 H. 66, 947 P.2d
378 (1997).
Where all three elements under §343-5(c) were present: (1)
an applicant proposed an action specified by §343-5(a), (2) the action required
the approval of an agency, and (3) the action was not exempt under this
section, the land use commission, as the agency that received the request for
approval of the boundary amendment petition, was required by statute to prepare
an environmental assessment of the proposed action at the earliest practical
time. 109 H. 411, 126 P.3d 1098 (2006).
The environmental council is expressly granted the power to
promulgate rules regarding environmental impact statements, and it clearly
contemplates the possibility of changes to an original project that may dictate
the need for a supplemental environmental impact statement (SEIS); the rules
promulgated to address SEISs, including HAR §§11-200-26 and 11-200-27, were
within the implied powers reasonably necessary to carry out the powers
expressly granted; as the SEIS process was consistent with the Hawaii environmental
protection act, the council did not exceed its authority in promulgating rules
to guide the SEIS process, including HAR §§11-200-26 and 11-200-27. 123 H.
150, 231 P.3d 423 (2010).
Commercial aquarium collection under §188-31 is subject to
the requirements of the Hawaii environmental policy act (HEPA) because
commercial aquarium collection: (1) is a "program or project" that
constitutes a HEPA "action" as used in §343-2; (2) is a "use of
state . . . lands" and a "use within . . . a conservation
district" enumerated under §343-5(a); (3) is not exempt from HEPA pursuant
to subsection (a)(2); and (4) requires discretionary consent by the department
of land and natural resources in the approval process. 140 H. 500, 403 P.3d
277 (2017).
Notes of Decisions
Umberger v. Dep't of Land & Nat. Resources., 403 P.3d 277 (Haw. 2017).
· cites it 17× “HRS § 343-6 requires the Environmental Council to adopt, amend, or repeal rules that shall “[e]stablish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of…”
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
· cites it 14× “Exemption determinations are governed by HRS § 343-6(7) (1993), which delegates to the Environmental Council 7 the responsibility to “adopt, amend, or repeal” rules which shall “[establish procedures whereby specific types of actions, because they will probably have minimal or…”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 231 P.3d 423 (Haw. 2010).
· cites it 14× “The Environmental Council [20] is charged, pursuant to HRS § 343-6 (1993), quoted infra, with the task of promulgating rules to further the purpose of HEPA.”
Sierra Club v. Off. of Plan., State, 126 P.3d 1098 (Haw. 2006).
· cites it 9× “RS § 343-5(c), as set forth supra, if the following three elements are present, “the agency receiving the request for approval shall prepare an environmental assessment of [the] proposed action at the earliest practicable time”: (1) an applicant proposes an action specified by…”
Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008).
· cites it 6× “The general rule that environmental assessments are required for all proposed actions is qualified by HRS § 343-6(a)(7) (1993), which provides for exemptions for certain classes of actions, which, "because they will probably have minimal or no significant effects on the…”
Kahana Sunset Owners Ass'n v. Cnty. of Maui, 947 P.2d 378 (Haw. 1997).
· cites it 10× “HRS § 343-5(c) (1993) provides that [wjhenever an applicant proposes an action specified by subsection (a) which requires approval of an agency, and which is not a specific type of action declared exempt under section 343-6, the agency receiving the request for approval shall…”
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
· cites it 4× “b) provided in relevant part: Whenever an agency proposes an action in subsection (a), other than feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or other than the use of state or county funds for the…”
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002).
· cites it 8× “" An "EIS" is defined as follows: [A]n informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural…”
Tax Found. of Hawaiʻi v. State., 439 P.3d 127 (Haw. 2019).
· cites it 2× “" HRS § 343-6(c) (1976) (emphasis added) (current version at HRS § 343-7(c) (1993)).”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 209 P.3d 1271 (Haw. App. 2009).
· cites it 10× “Pursuant to its rule-making authority set forth in HRS § 343-6 (1993), the Environmental Council promulgated Hawaii Administrative Rules (HAR) Title 11, Chapter 200.”
Umberger v. Dep't of Land & Nat. Resources, 382 P.3d 320 (Haw. App. 2016).
· cites it 14× “Pursuant to HEPA an EA is mandatory unless the “action” is declared exempt under HRS § 343-6. Id. at 71, 947 P.2d at 383 .”
Kelly v. 1250 Oceanside Partners, 140 P.3d 985 (Haw. 2006).
· cites it 2× “2005) defines "environmental impact statement” in pertinent part, as follows: [A]n informational document prepared in compliance with the rules adopted under HRS § 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the…”
— Haw. Rev. Stat. § 343-6(7) — 1 case
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“Exemption determinations are governed by HRS § 343-6(7) (1993), which delegates to the Environmental Council 7 the responsibility to “adopt, amend, or repeal” rules which shall “[establish procedures whereby specific types of actions, because they will probably have minimal or…”
— Haw. Rev. Stat. § 343-6(a) — 6 cases
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002).
“" An "EIS" is defined as follows: [A]n informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural…”
— Haw. Rev. Stat. § 343-6(a)(2) — 9 cases
Umberger v. Dep't of Land & Nat. Resources., 403 P.3d 277 (Haw. 2017).
“HRS § 343-6 requires the Environmental Council to adopt, amend, or repeal rules that shall “[e]stablish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of…”
— Haw. Rev. Stat. § 343-6(a)(2)(2010) — 2 cases
— Haw. Rev. Stat. § 343-6(a)(7) — 3 cases
Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008).
“The general rule that environmental assessments are required for all proposed actions is qualified by HRS § 343-6(a)(7) (1993), which provides for exemptions for certain classes of actions, which, "because they will probably have minimal or no significant effects on the…”
Kahana Sunset Owners Ass'n v. Cnty. of Maui, 947 P.2d 378 (Haw. 1997).
“HRS § 343-5(c) (1993) provides that [wjhenever an applicant proposes an action specified by subsection (a) which requires approval of an agency, and which is not a specific type of action declared exempt under section 343-6, the agency receiving the request for approval shall…”
Sierra Club v. Off. of Plan., State, 126 P.3d 1098 (Haw. 2006).
“RS § 343-5(c), as set forth supra, if the following three elements are present, “the agency receiving the request for approval shall prepare an environmental assessment of [the] proposed action at the earliest practicable time”: (1) an applicant proposes an action specified by…”
— Haw. Rev. Stat. § 343-6(a)(9) — 1 case
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002).
“" An "EIS" is defined as follows: [A]n informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural…”
— Haw. Rev. Stat. § 343-6(a)(l) — 1 case
Umberger v. Dep't of Land & Nat. Resources., 403 P.3d 277 (Haw. 2017).
“HRS § 343-6 requires the Environmental Council to adopt, amend, or repeal rules that shall “[e]stablish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of…”
— Haw. Rev. Stat. § 343-6(b) — 4 cases
— Haw. Rev. Stat. § 343-6(c) — 2 cases
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“Exemption determinations are governed by HRS § 343-6(7) (1993), which delegates to the Environmental Council 7 the responsibility to “adopt, amend, or repeal” rules which shall “[establish procedures whereby specific types of actions, because they will probably have minimal or…”
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