Report Title:

Renewable Energy Facilities; Conservation District; Agricultural District; Special Management Area

 

Description:

Deems renewable energy facilities compatible with the (1) purposes, standards, and permissible uses in the conservation and agricultural districts; and (2) the objectives, policies, and guidelines of the special management area.


HOUSE OF REPRESENTATIVES

H.B. NO.

245

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to renewable energy facilities.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that:

     (1)  Large renewable energy facilities under Act 207, Session Laws of Hawaii 2008, further the health, safety, and welfare of the residents of Hawaii by reducing Hawaii's over-dependence on fossil fuels and helping to meet Hawaii's energy self-sufficiency goals, mandates, and timely development and utilization of indigenous renewable energy resources;

     (2)  Hawaii's dependence on petroleum for over ninety per cent of its energy needs is more than any other state in the nation and makes Hawaii extremely vulnerable to any oil embargo, supply disruption, international market dysfunction, and many other factors beyond the control of the State;

     (3)  Continued consumption of conventional petroleum fuel and price volatility can negatively impact the viability of agricultural operations; and

     (4)  Increased energy efficiency and use of renewable energy resources will increase Hawaii's energy self-sufficiency, achieve broad societal benefits, including increased energy security, resistance in oil prices, environmental sustainability, economic development, and job creation, and achieve the goal of energy and food self-sufficiency.

     The legislature further finds that renewable energy facilities and their reduction of greenhouse gas emissions and other environmental and societal benefits will further the conservation, protection, and preservation of important natural resources of the State and will promote their long-term sustainability, along with the public's health, safety, and welfare, consistent with the intent and purposes of the state conservation district.

     Renewable energy facilities are likely to be sited on large, remote tracts of land that could be within the state conservation or agriculture districts or within the special management area designated pursuant to chapter 205A, Hawaii Revised Statutes.

     Renewable energy facilities, together with their normal and necessary infrastructure, appurtenances, and accessory facilities and improvements, as a result of their scale and size, may change the nature and intensity of uses of the lands used for renewable energy purposes and could have material impacts on surrounding lands.

     Existing state and county statutes, ordinances, administrative rules, and general plans governing uses on lands within the state conservation and agricultural districts and special management areas reflect state and county policy with respect to the purposes, criteria, objectives, policies, and guidelines for uses within those districts, and these could be interpreted as inconsistent with renewable energy facilities, which could defeat the state policy and purposes supporting large scale renewable energy facilities.

     The legislature finds that achieving Hawaii's renewable energy goals of energy independence and self-sufficiency and avoiding the importing and burning of fossil fuels will ultimately:

     (1)  Benefit, further, and achieve the conservation, protection, and preservation of important natural resources of the State of Hawaii;

     (2)  Promote their long-term sustainability; and

     (3)  Benefit the economy and the health, safety, and welfare of the residents of Hawaii.

     Therefore, the legislature determines that allowing renewable energy facilities within the conservation and agriculture districts furthers and is consistent with the purposes, standards, and criteria for uses within state conservation and agricultural lands and the objectives, policies, and guidelines for uses within special management areas.

     The purpose of this Act is to declare that renewable energy facilities, including all normal and necessary infrastructure, appurtenances, and accessory uses, shall be deemed consistent and compatible with:

     (1)  The purposes, standards, and permissible uses on lands within the state conservation and agricultural districts; and

     (2)  The objectives, policies, and guidelines of the special management area under chapter 205A, Hawaii Revised Statutes, and applicable county general plans and zoning.

     SECTION 2.  Chapter 201N, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201N-     Compatibility with the conservation and agricultural districts and the special management area.  (a)  Anything to the contrary notwithstanding, the siting, development, construction, and operation of a renewable energy facility shall be deemed to be compatible with the:

     (1)  Purposes, standards, and permissible uses of lands within the conservation and agricultural districts; and

     (2)  Objectives, policies, and guidelines of the special management area pursuant to chapter 205A and applicable county general plans and zoning ordinances.

     (b)  This section shall not:

     (1)  Exempt renewable energy facilities from the permit and approval processes of chapter 205, 205A, and 343; or

     (2)  Allow solar facilities on agricultural lands not otherwise permissible under section 205-2."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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