Section 11-200.1-7 - Identification of approving agency and accepting authority(a) Whenever an agency proposes an action, the authority to accept an EIS shall rest with: (1) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or state funds or whenever a state agency proposes an action under section 11-200.1-8; or(2) The mayor, or the mayor's authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.(b) For agency actions involving state and county lands, state and county funds, or both state and county lands and funds, the governor or the governor's authorized representative shall have final authority to accept the EIS. In cases involving only county funds or lands, the mayor of the respective county or the mayor's authorized representative shall have final authority to accept the EIS.(c) Whenever an applicant proposes an action, the authority for requiring an EA or EIS, making a determination regarding any required EA, and accepting any required EIS shall rest with the approving agency that initially received and agreed to process the request for an approval. With respect to EISs, this approving agency is also called the accepting authority.(d) If more than one agency is proposing the action or, in the case of applicants, more than one agency has jurisdiction over the action, and these agencies are unable to agree as to which agency has the responsibility for complying with chapter 343, HRS, the agencies involved shall consult with one another to determine which agency is responsible for compliance. In making the decision, the agencies shall take into consideration, including but not limited to, the following factors: (1) Which agency has the greatest responsibility for supervising or approving the action as a whole;(2) Which agency can most adequately fulfill the requirements of chapter 343, HRS, and this chapter;(3) Which agency has special expertise or greatest access to information relevant to the action's implementation and impacts;(4) The extent of participation of each agency in the action; and(5) In the case of an action with proposed use of state or county lands or funds, which agency has the most land or funds involved in the action. (e) If there is more than one agency that is proposing the action, or in the case of applicants, more than one agency has jurisdiction over the action, and after applying the criteria in subsection (d) these agencies are unable to agree as to which agency has the responsibility for complying with chapter 343, HRS, the office, after consultation with the agencies involved, shall apply the same considerations in subsection (d) to decide which agency is responsible for compliance.(f) The office shall not serve as the accepting authority for any agency or applicant action.(g) The office may provide recommendations to the agency or applicant responsible for the EA or EIS regarding any applicable administrative coatent-requirements set forth in this chapter. Haw. Code R. § 11-200.1-7
[Eff AUG 9 2019] (Auth; HRS §§ 343-5, 343-6) (Imp: HRS §§ 343-5, 343-6)