HAR §11-200-5. Agency actions

(a) For all proposed actions which are not exempt as defined in section 11-200-8, the agency shall assess at the earliest practicable time the significance of potential impacts of its actions, including the overall, cumulative impact in light of related actions in the region and further actions contemplated. (b) The applicability of chapter 343, HRS, to specific agency proposed actions is conditioned by the agency’s proposed use of state or county lands or funds. Therefore, when an agency proposes to implement an action to use state or county lands or funds, it shall be subject to the provisions of chapter 343, HRS, and this chapter. (c) Use of state or county funds shall include any form of funding assistance flowing from the State or county, and use of state or county lands includes any use (title, lease, permit, easement, licenses, etc.) or entitlement to those lands. (d) For agency actions, chapter 343, HRS, exempts from applicability any feasibility or planning study for possible future programs or projects which the agency has not approved, adopted, or funded. 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 assessment or subsequent statement. If, however, the planning and feasibility - 7 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial studies involve testing or other actions which may have a significant impact on the environment, then an environmental assessment shall be prepared. (e) Any amendment to existing county general plans, however denominated, which may include but not be limited to development plans, or community plans, where the amendment would result in designations other than agriculture, conservation, or preservation requires an environmental assessment. (Actions by a county initiating a comprehensive review toward effectuating either a general plan or amendment thereof may be excepted. General plan amendments requested by a private owner or developer outside of the comprehensive review process are not excepted.) [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5(b), 343-6)