THE SENATE

S.B. NO.

2804

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING to energy.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii's clean energy initiative is admirable and worthy of our best efforts to achieve one hundred per cent renewable energy by 2045.  However, the goal to eliminate fossil fuels should not result in the avoidance of scrutiny of green technologies.  While wind-powered energy systems are a valuable source of renewable energy, there are many unintended consequences of wind-powered energy systems.  There are enormous financial, societal and environmental costs to industrial wind energy.  The building of wind turbines requires large infusions of tax dollars.  The turbines generate only a quarter to a third of their capacity due to fluctuations in wind currents; thereby requiring a spinning reserve or the burning of fossil-fueled generators to spin in neutral and not make electricity to enable rapidly engagement when wind speeds fluctuate.  Large wind turbines pose a threat to wildlife, including endangered species like the ‘ōpe‘ape‘a, or Hawaiian hoary bat.  Studies have shown human health risks to be related to the proximity of industrial wind turbines.  Additionally, such structures are unsightly and mar the natural beauty of Hawaii.

     The legislature further finds that vast amounts of land are damaged in the building of new roads, clearing of trees and vegetation, moving of hillsides, and pouring of massive concrete foundations during the construction of large wind turbines.  The carbon footprint to build and deliver each turbine is therefore very high.  Furthermore, the cost to decommission each turbine is hundreds of thousands of dollars, which could be borne by taxpayers should a company go bankrupt.  Used turbine parts, particularly the turbine blades, cannot be recycled and are destined for the land fill.  Communities near wind-powered energy systems are often subject to extended exposure to excessive noise levels and are concerned about the safety of children, who are especially vulnerable to noise pollution.  Individuals living or working near wind-powered energy systems have reported numerous negative health impacts, including earaches, dizziness, fainting, migraines, and trouble sleeping.  These symptoms are in addition to nuisance noise levels and shadow flickers caused by the operation of the wind-powered systems.

     The purpose of this Act is to require each county to adopt ordinances that require wind turbines and other wind-powered energy systems to be set back at least fifteen feet for each one foot of height, measured from the highest vertical extension of the system, from all property lines on any land classified as urban or rural land.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Wind-powered energy systems; required setbacks.  Each county shall adopt ordinances that establish setback requirements for wind-powered energy systems.  At a minimum, such ordinances shall require that wind-powered energy systems be set back fifteen feet for each one foot of height, measured from the highest vertical extension of the system, from all property lines on any land classified as urban or rural land."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Renewable Energy Technologies Income Tax Credit; Wind-powered Energy Systems; Wind Turbines; Urban Lands; Rural Lands; Setback Requirements

 

Description:

Requires each county to adopt ordinances that require wind turbines and other wind-powered energy systems to be setback at least fifteen feet for each one foot of height, measured from the highest vertical extension of the system, from all property lines on any land classified as urban or rural land.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.