HAR §11-200-9. Assessment of agency actions and applicant actions

(a) For agency actions, except those actions exempt from the preparation of an environmental assessment pursuant to section 343-5, HRS, or section 11-200-8, the proposing agency shall: (1) Seek, at the earliest practicable time, the advice and input of the county agency responsible for implementing the county’s general plan for each county in which the proposed action is to occur, and consult with other agencies having jurisdiction or expertise as well as those citizen groups and individuals which the proposing agency reasonably believes to be affected; (2) Identify the accepting authority pursuant to section 11-200-4 and specify what statutory conditions under section 343-5(a), HRS, require the preparation of an environmental assessment; (3) Prepare an environmental assessment pursuant to section 11-200-10 of this chapter which shall also identify potential impacts, evaluate the potential significance of each impact, and provide for detailed study of significant impacts; (4) Determine, after reviewing the environmental assessment described in paragraph (3), and considering the significance criteria in section 11-200-12, whether the proposed action warrants an anticipated negative declaration or an environmental impact statement preparation notice, provided that for an environmental impact statement preparation notice, the proposing agency shall inform the accepting authority of the proposed action; (5) File the appropriate notice of determination (anticipated negative declaration or environmental impact statement preparation notice in accordance with section 11-200-11.1 or 11-200-11.2, as appropriate), the completed - 11 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial informational form in section 11-200-3(d), and four copies of the supporting environmental assessment (a draft environmental assessment for the anticipated negative declaration or a final environmental assessment for the environmental impact statement preparation notice) with the office in accordance with sections 11-200-3, 11-200-11.1, 11-200-11.2, and other applicable sections of this chapter; (6) Distribute, concurrently with the filing in paragraph (5), the draft environmental assessment to other agencies having jurisdiction or expertise as well as citizen groups and individuals which the proposing agency reasonably believes to be affected; (7) Deposit, concurrently with the filing in paragraph (5), one copy of the draft environmental assessment at the nearest state library in each county in which the proposed action is to occur; (8) Receive and respond to public comments in accordance with: section 11-200- 9.1 for draft environmental assessments for anticipated negative declaration determinations; or, section 11-200-15 for environmental assessments for preparation notices. For draft environmental assessments, the proposing agency shall revise the environmental assessment to incorporate public comments as appropriate, and append copies of comment letters and responses in the environmental assessment (the draft environmental assessment as revised, shall be filed as a final environmental assessment as described in section 11-200-11.2); and (9) As appropriate, issue either a negative declaration determination or an environmental impact statement preparation notice pursuant to the requirements of section 11-200-11.2, provided that for preparation notice determinations, the proposing agency shall proceed to section 11-200-15 after fulfilling the requirements of sections 11-200-10, 11-200-11.2, 11-200-13, and 11-200-14, as appropriate. (b) For applicant actions, except those actions exempt from the preparation of an environmental assessment pursuant to section 343-5, HRS, or those actions which the approving agency declares exempt pursuant to section 11-200-8, the approving agency shall: (1) Require the applicant, at the earliest practicable time, to seek the advice and input of the lead county agency responsible for implementing the county’s general plan for each county in which the proposed action is to occur, and consult with other agencies having jurisdiction or expertise as well as those citizen groups and individuals which the approving agency reasonably believes to be affected; (2) Require the applicant to provide whatever information the approving agency deems necessary to complete the preparation of an environmental assessment in accordance with section 11-200-10; (3) Within thirty days from the date of receipt of the applicant’s complete request for approval to the approving agency: - 12 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial (A) prepare an environmental assessment pursuant to section 11-200-10; and (B) determine, after reviewing the environmental assessment and considering the significance criteria in section 11-200-12 whether the proposed action warrants an anticipated negative declaration or an environmental impact statement preparation notice; (4) File the appropriate notice of determination (anticipated negative declaration or environmental impact statement preparation notice in accordance with section 11-200-11.1 or 11-200-11.2), the completed informational form in section 11-200-3(d) and four copies of the supporting environmental assessment (a draft environmental assessment for the anticipated negative declaration or a final environmental assessment for the environmental impact statement preparation notice) with the office in accordance with sections 11- 200-3, and 11-200-11.1, or 11-200-11.2; (5) Distribute, or require the applicant to distribute, concurrently with the filing in paragraph (4), the draft environmental assessment to other agencies having jurisdiction or expertise as well as citizen groups and individuals which the approving agency reasonably believes to be affected; (6) Deposit or require the applicant to deposit, concurrently with the filing in paragraph (4), one copy of the draft environmental assessment at the nearest state library in each county in which the proposed action is to occur; (7) Receive public comments, transmit copies of public comments to the applicant and require the applicant to respond to public comments, all in accordance with section 11-200-9.1 for draft environmental assessments, or 11-200-15 for preparation notices and their associated final environmental assessments. For draft environmental assessments, the approving agency shall require the applicant: to provide whatever information the approving agency deems necessary to revise the draft environmental assessment; to incorporate comments as appropriate; and, to include copies of comment letters and the applicant responses (the draft environmental assessment as revised shall be filed as a final environmental assessment as described in section 11-200-11.2); and (8) As appropriate, issue a negative declaration determination or an environmental impact statement preparation notice with appropriate notice of determination thereof pursuant to section 11-200-11.2 within thirty days from the end of the thirty-day public comment period. For preparation notice determinations, the approving agency shall proceed to section 11-200-15 after fulfilling the requirements of sections 11-200-10, 11-200-11.2, 11-200-13, and 11-200-14, as appropriate. (c) For agency or applicant actions, the proposing agency or the approving agency, as appropriate, shall analyze alternatives, in addition to the proposed action in the environmental assessment. [Eff 12/6/85; am and comp AUG 31 1996](Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6) - 13 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial §11-200-9.1 Public review and response requirements for draft environmental assessments for anticipated negative declaration determinations and addenda to draft environmental assessments. (a) This section shall apply only if a proposing agency or an approving agency anticipates a negative declaration determination for a proposed action and that agency has completed the requirements of section 11-200-9(a), paragraphs (1), (2), (3), (4), (5), (6) and (7), or section 11-200-9(b), paragraphs (1), (2), (3), (4), (5) and (6), as appropriate. (b) The period for public review and for submitting written comments for both agency actions and applicant actions shall begin as of the initial issue date that notice of availability of the draft environmental assessment was published in the periodic bulletin and shall continue for a period of thirty days. Written comments to the proposing agency or approving agency, whichever is applicable, with a copy of the comments to the applicant or proposing agency, shall be received or postmarked to the proposing agency or approving agency, within the thirty-day period. Any comments outside of the thirty-day period need not be considered or responded to. (c) For agency actions, the proposing agency shall respond in writing to all comments received or postmarked during the thirty-day review period, incorporate comments as appropriate, and append the comments and responses in the final environmental assessment. Each response shall be sent directly to the person commenting, with copies of the response also sent to the office. (d) For applicant actions, the applicant shall respond in writing to all comments received or postmarked during the thirty-day review period and the approving agency shall incorporate or append the comments and responses in the final environmental assessment. Each response shall be sent directly to the person commenting with a copy to the office. A copy of each response shall be sent to the approving agency for its timely preparation of a determination and notice thereof pursuant to sections 11-200-9(b) and 11-200-11.1 or 11- 200-11.2. (e) An addendum document to a draft environmental assessment shall reference the original draft environmental assessment it attaches to and shall comply with all applicable public review and comment requirements set forth in sections 11-200-3 and 11-200-9. [Eff and comp AUG 31 1996](Auth: HRS §343-3, 343-5, 343-6) (Imp: HRS §343-3, 343-5, 343- 6)