THE SENATE

S.B. NO.

347

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AIR POLLUTION.

 

 

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

 


     SECTION 1.  The legislature finds that coal as an energy source is not part of a clean and sustainable energy future for Hawaii.  All of the coal consumed in the State is imported and shipped for various energy needs; however, burning coal detrimentally affects the State's air quality and health.

     Coal-fired power plants are responsible for seventy per cent of our nation's mercury emissions.  After being released into the air, mercury falls into soil and water, where it contaminates food, especially fish.  As a result, Hawaii has a fish consumption advisory for unsafe levels of mercury.

     Mercury from coal-fired power plants is responsible for thousands of premature deaths, heart attacks, and serious respiratory illnesses every year.  Mercury is especially threatening to pregnant women and young children.  As many as one in six American women have enough mercury in their bodies to place a baby at risk.  Mercury is one of the leading causes of preventable birth defects including brain damage and cerebral palsy.

     Further, coal is the most carbon intense of any fossil fuel and it releases more greenhouse gas emissions per unit of electricity produced than any other fuel source.  If greenhouse emissions continue to proceed unabated, current scientific studies predict that Hawaii's future lifestyle and environment will be drastically different from what its residents and visitors enjoy today.  The Pacific ocean may inundate most of Waikiki, the business district in Honolulu, and the coastal resort areas on neighboring islands.  As a result, the State's aquifers may become increasingly contaminated with the intrusion of salt water.  More frequent and severe storms and hurricanes may strike the islands, droughts may be prolonged, and subtle shifts in microclimates may rapidly increase the rate of extinction of endangered plants and animals.  Thus, the legislature further finds that it is vital for the State to contribute to the reduction of global warming by decreasing the usage of coal to generate Hawaii's energy needs.

     Recognizing that coal was not in Hawaii's best interest, the participating parties to the Hawaii clean energy initiative, including the State of Hawaii and the United States Department of Energy, expressly agreed to oppose any attempts to add new coal-based generation to Hawaii and planned a future to replace this fossil fuel with renewable energy sources.

     The purpose of this Act is to prohibit the issuance or renewal of any new power purchase agreement or department of health permit to any facilities that burn or consume coal.

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269‑    Restriction on certain coal power purchase agreements.  (a)  After July 1, 2015, the public utilities commission shall not approve any new, modified, or renewed power purchase agreements that propose to burn or consume coal that will generate more than fifty megawatts of energy.

     (b)  For purposes of this section, "power purchase agreement" has the same meaning as in section 269-131."

     SECTION 3.  Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342B‑    Permits for coal burning covered sources.  (a)  After July 1, 2015, the department shall not issue any permit for any term to an owner or operator of a covered source, of which construction has not begun, that will burn or consume coal to generate energy.

     (b)  The department shall not issue any permit for any term to an owner or operator of an existing covered source who intends to expand, relocate, or modify the covered source in a way that will result in an increase in the burning or consumption of coal for energy."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Coal Permits; Air Pollution; Power Purchase Agreements

 

Description:

Prohibits the public utilities commission from approving any new, modified, or renewed power purchase agreements that propose to burn or consume coal that will generate more than fifty megawatts of energy.  Prohibits the department of health from issuing any permit for any term to an owner or operator of an existing covered source who intends to expand, relocate, or modify the covered source in a way that will result in an increase in the burning or consumption of coal for energy.

 

 

 

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