Hawaii-2010-HB1-Introduced

SECTION 1. The legislature finds that limitless resources exist to generate electricity from alternative energy sources; however, Hawaii remains dependent on imported fossil fuels for eighty per cent of its energy generation. The vast majority of electricity in Hawaii is generated in diesel and fossil fuel-powered facilities. This dependence on imported fuel results in Hawaii's residents paying electric rates that are one hundred to two hundred per cent higher than the national average. This dependence on imported fuels handicaps the economic growth of the State and makes the economy of the State vulnerable to unpredictable and volatile external energy market forces.

The legislature finds that nuclear energy is a safe and efficient alternative to fossil fuels. Nuclear energy is used to produce electricity in many areas of the mainland United States. Nuclear power is also widely used in many countries throughout Europe and Asia. In fact, since 1973, France has constructed fifty-eight nuclear power facilities that provide almost ninety per cent of that country's electricity. The legislature further finds that nuclear power generation facilities already exist in Hawaii in the form of the United States Navy's nuclear powered vessels berthed at Pearl Harbor. The legislature further finds that the opportunity exists to safely use nuclear energy to generate electricity for the public and end or at least substantially reduce Hawaii's dependence on expensive polluting fossil fuels.

The purpose of this Act is to direct the department of business, economic development, and tourism to develop the proposed legislation and rules necessary to establish an appropriate permitting process to enable the construction and operation of nuclear energy generation facilities in Hawaii.

SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§196- Nuclear energy generation facilities. (a) No later than January 1, 2012, the department shall develop procedures for licensing, siting, and permitting the construction and operation of nuclear energy generation facilities in the State. These procedures shall take into account the requirements of article XI, section 8 of the Constitution of the State of Hawaii, the health and safety of the residents of the State, compliance with the Energy Reorganization Act of 1974 (Public Law 93-4338), as amended, and regulations adopted by the Nuclear Regulatory Commission, and the preservation and conservation of the natural environment of the State.

(b) The department shall develop procedures for the disposal, storage, or reprocessing of radioactive waste material produced in nuclear energy generation facilities in the State.

(c) The department shall seek input and recommendations from other county, state, and federal agencies in the development of procedures under this section.

(d) The director shall adopt rules, pursuant to chapter 91, necessary for the implementation of this section.

(e) As used in this section:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism.

"Nuclear energy generation facility" or "facility" means a new nuclear fission power plant or facility located in the State with the capacity to produce from nuclear fissile material at least two hundred megawatts of electricity. The term includes any of the following associated with the initial permitting and construction of the facility:

(1) The land parcel on which the facility is situated;

(2) Any nuclear energy production structure or equipment;

(3) Any energy transmission line from the facility to a public utility's electricity transmission or distribution system;

(4) Any on-site infrastructure; and

(5) Any on-site building, structure, other improvement, or equipment necessary for the production of electricity, transmission of the electricity, or any accommodation for employees of the facility."

SECTION 3. The department of business, economic development, and tourism shall issue progress reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2010 and 2011, and a final report to the legislature of its findings, recommendations, proposed legislation, and proposed rules no later than twenty days prior to convening of the regular session of 2012.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII