Bill Text: HI HCR120 | 2017 | Regular Session | Amended

---

Bill Title: Requesting That The Environmental Council Update Hawaii Administrative Rules Title 11 Chapter 200 And That The Office Of Environmental Quality Control Support The Environmental Council In This Endeavor, And To Update Legislators On Guidance Updates And Interpretations.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed - Dead) 2017-04-07 - Referred to AEN. [HCR120 Detail]

Download: Hawaii-2017-HCR120-Amended.html

---

HOUSE OF REPRESENTATIVES	H.C.R. NO.	120
TWENTY-NINTH LEGISLATURE, 2017		H.D. 2
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THAT THE ENVIRONMENTAL COUNCIL UPDATE HAWAII ADMINISTRATIVE RULES TITLE 11 CHAPTER 200 AND THAT THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL SUPPORT THE ENVIRONMENTAL COUNCIL IN THIS ENDEAVOR, AND TO UPDATE LEGISLATORS ON GUIDANCE UPDATES AND INTERPRETATIONS.

 

 

 

     WHEREAS, the purpose of Hawaii's environmental review process, as stated in section 343-1, Hawaii Revised Statutes (HRS), is to integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions; and

 

     WHEREAS, also according to section 343-1, HRS, "the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole"; and

 

     WHEREAS, Hawaii Administrative Rules (HAR) title 11 chapter 200, which implements chapter 343, HRS, was last amended and compiled in 1996; and

 

     WHEREAS, chapter 343, HRS, has been amended numerous times since 1996, including adding new triggers, cultural impacts, and a "direct to environmental impact statement" pathway; and

 

     WHEREAS, legislative actions since 1996 relating to chapter 343, HRS, are not reflected in the administrative rules; and 

 

     WHEREAS, ambiguities in the interpretation of the law exist due to several factors, including numerous statutory amendments, lack of corresponding updates to the administrative rules, and discrepancies between the changing statutes, outdated rules, and evolving practices; and

 

     WHEREAS, these ambiguities have, in some cases, resulted in uncertainty about the environmental review process and in unnecessary litigation; and

 

     WHEREAS, the Hawaii Supreme Court has been asked to decide numerous cases involving the interpretation of the environmental impact statement statute and rules; and

 

     WHEREAS, updating HAR title 11 chapter 200 to ensure that the rules are consistent with current statute, guidance, and any relevant court decisions would help to reduce uncertainty and clarify the process; and

 

     WHEREAS, the Environmental Council is responsible for rule updates, but has challenges in carrying out this task because it does not have its own budget or dedicated staff; and

 

     WHEREAS, the Office of Environmental Quality Control uses its funds and staff to support the Environmental Council; and

 

     WHEREAS, the Office of Environmental Quality Control creates guidance documents to elaborate upon the statutory and regulatory provisions and provides assistance to agencies, applicants, and the general public on how to proceed when there is a lack of direction from the statute, rules, or courts; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Environmental Council, with the support of the Office of Environmental Quality Control, is requested to update HAR title 11 chapter 200; and

 

     BE IT FURTHER RESOLVED that the Office of Environmental Quality Control is requested to issue updated guidance based on and following any administrative rule amendments and to engage the environmental review stakeholder community in developing such guidance; and

     BE IT FURTHER RESOLVED that the Office of Environmental Quality Control is requested to submit a report of findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2018; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Director of Environmental Quality Control, and Chairperson of the Environmental Council.

 

 

 

Report Title: 

Environmental Quality Control