Hawaii-2012-HB713-Introduced

SECTION 1. The legislature finds that many of Hawaii's most desirable renewable energy resources, such as wind, may be found on one island, while the majority of Hawaii's population and energy load center is located on another island. Since the benefits and consequences of a statewide systems approach to harvesting renewable energy from one island to another are considerable, serious consideration must be given to the social, economic, and environmental issues that may impact the island hosting a renewable energy facility.

The legislature also finds that to ensure that a host island shares in the benefits of a renewable energy project, community benefits agreements should be used. These agreements outline specific commitments that are legally enforceable in exchange for permitting development projects, including renewable energy projects.

The purpose of this Act is to require the state energy resources coordinator to:

(1) Convene a meeting between a renewable energy facility applicant and stakeholder groups from any host island where the applicant is proposing a renewable energy facility to export the majority of the electricity generated from the facility offshore; and

(2) Negotiate a binding community benefits agreement between the applicant and stakeholder groups prior to a project's final approval.

The Act also requires representatives from the host island to participate in determining the terms and conditions of any permit plan and permits with respect to community benefits agreements.

SECTION 2. Section 201N-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201N-3[]] General duties of the coordinator. (a) The coordinator shall:

(1) Consult with appropriate state and county agencies to develop and establish a permit plan application format and procedure designed to ensure a timely review to obtain required permits and approvals for renewable energy facilities;

(2) Receive a permit plan application, in a form as the coordinator shall prescribe, from an applicant for the approval of the siting, development, construction, and operation of a renewable energy facility, with an appropriate initial application fee as determined by the coordinator;

(3) Identify all state and county permits necessary for approval of the renewable energy facility;

(4) Assist in the permit plan application process by coordinating permitting processes, giving technical assistance, overseeing the creation of the permit plan, and providing general oversight to facilitate the timely review and permitting of the siting of a renewable energy facility;

(5) Gather from the applicant any information the coordinator finds relevant and necessary for the reviewing and processing of a permit application by the federal, state, and county agencies;

(6) Coordinate public meetings on the island where a renewable energy facility is proposed to be developed to:

(A) Allow members of the affected communities to provide input regarding the development of the renewable energy facility;

(B) Promote public awareness of the plan for the renewable energy facility in the proposed area; and

(C) Allow the coordinator, the applicant, and any applicable agency to gain public sentiment and input regarding the proposed development of the renewable energy facility, and incorporate the public sentiment and input into the planning of the proposed renewable energy facility; [~~and~~]

(7) Work with the federal, state, and county agencies and the applicant and representatives from the island where a renewable energy facility is proposed to be developed to determine the terms and conditions of the permit plan and permits that are necessary to effectuate this chapter and to protect the public health and safety and promote the general welfare[.]; and

(8) Meet with an applicant seeking to develop a renewable energy facility and stakeholder groups from the island that is the site of the proposed renewable energy facility for the purpose of negotiating a community benefits agreement.

(b) For purposes of this section, "community benefits agreement" means a negotiated and enforceable contract executed before the finalization of the permitting process between an applicant seeking to develop a renewable energy facility and stakeholder groups from the island on which the proposed facility will be located; provided that a preponderance of the electricity generated by the facility is sold on another island."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	713
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII