THE SENATE	S.B. NO.	957
THIRTY-FIRST LEGISLATURE, 2021
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.  Hawaii is blessed with diverse and abundant alternative energy potential, yet the legislature recognizes the importance of properly siting renewable energy systems if we are to successfully implement this energy transformation.  Wind-powered systems can be a valuable part of the renewable energy portfolio, but intense community opposition to the latest wind energy development on the north shore of Oahu demonstrates the need to update setback policies.

     More specifically, the legislature finds that the current setback policy for industrial wind turbines is inadequate for siting near residential communities.  Existing policies were established when wind turbines were much smaller and far less imposing on a surrounding community.  A ratio of one foot setback for one foot of height may have been appropriate when turbines were two hundred feet tall, but it is no longer appropriate as turbine heights approach six hundred feet and technology pushes turbines ever higher into the sky.  The taller the structure, the more it should be set back relative to its surroundings.

     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 ten feet for each one foot of height, measured from the highest vertical extension of the system, from all property lines.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I 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, the ordinances shall require that a wind-powered energy system be set back ten feet for each one foot of the system's height, as 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:	_____________________________

 

 

Report Title:

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

 

Description:

Requires each county to adopt ordinances that require wind turbines and other wind-powered energy systems to be set back at least 10 feet for each 1 foot of the system's height, measured from the highest vertical extension of the system, from all property lines on any land classified as urban or rural land.

 

 

 

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