Hawaii-2010-SB2296-Introduced

THE SENATE	S.B. NO.	2296
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to renewable energy.

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

SECTION 1. Following the 2009 legislative session, the chairs of the senate committee on economic development and technology and the house committee on economic revitalization, business and military affairs convened a technology caucus work group to bring together industry stakeholders and interested policymakers to develop recommendations for legislation to enhance Hawaii's struggling economy. The work group provided a forum to review the current status of Hawaii's science/technology industry, identify state or county actions that impede long-term growth and expansion of technology companies, and develop recommendations to address these impediments. The work group also identified best practices supporting the growth and development of science/technology industries in other jurisdictions to aid in developing proposed suggestions for future legislation.

The legislature finds that while there is a growing consensus that Hawaii could greatly reduce its dependency upon fossil fuel by facilitating the development of renewable and sustainable energy facilities within the State, implementing new projects is difficult due to restrictions imposed by existing land use controls. Expanding the uses allowed within the State's conservation districts, which cover approximately forty-eight per cent of the State, would greatly expand renewable energy opportunities at a time when the greatest flexibility and creativity is needed.

The purpose of this Act is to implement recommendations of the technology caucus work group by allowing certain renewable energy projects in the conservation district, subject to the zoning and rulemaking requirements of chapter 183C, Hawaii Revised Statutes, and the department of land and natural resources.

SECTION 2. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department shall establish zones within the conservation district, which shall be restricted to certain uses. The department, by rules, may specify the land uses permitted therein which may include, but are not limited to, farming, flower gardening, operation of nurseries or orchards, growth of commercial timber, grazing, recreational or hunting pursuits, establishment of wind turbines, wind farms, solar energy facilities, and low-impact hydropower facilities, or residential use. The rules may control the extent, manner, and times of the uses, and may specifically prohibit unlimited cutting of forest growth, soil mining, or other activities detrimental to good conservation practices."

SECTION 3. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Conservation districts shall include areas necessary for protecting watersheds and water sources; preserving scenic and historic areas; providing park lands, wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; preventing floods and soil erosion; forestry; open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources; areas of value for recreational purposes; other related activities; and other permitted uses not detrimental to a multiple use conservation concept[.], including the establishment of wind turbines, wind farms, solar energy facilities, and low-impact hydropower facilities."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________