HB2554

SECTION 1. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§196‑ Placement of small wind energy systems. (a) Small wind energy systems shall be a permitted use in all land use districts under chapter 205 where structures of any sort are allowed, except for the conservation district unless permitted by the department of land and natural resources pursuant to chapter 183C; provided that with respect to any small wind energy system:

(1) For property sizes:

(A) Between half an acre and one acre, the tower height shall be limited to eighty feet; and

(B) Over one acre, there shall be no limitation on the tower height except as imposed by federal regulations;

(2) No part of the wind energy system structure, including any guy wire anchors, shall extend closer than ten feet to the property boundaries of the installation site;

(3) Small wind energy systems shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling; provided that the decibel level may be exceeded during short‑term events such as utility outages or severe wind storms;

(4) The wind turbine for the small wind energy system shall have been approved by a small wind certification program recognized by the American Wind Energy Association; and

(5) A permit application for a small wind energy system shall be accompanied by:

(A) Standard drawings of the wind turbine structure, including the tower, base, and footings;

(B) An engineering analysis of the tower certified by a licensed professional engineer; and

(C) A line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code which is made applicable to the State of Hawaii for purposes of this section only;

(6) All small wind energy systems shall comply with applicable Federal Aviation Administration regulations, including any necessary approvals for installations close to airports; and

(7) No small wind energy system shall be installed until evidence is provided to the permitting agency that the applicable utility company's interconnection agreement has been executed.

(b) For purposes of this section, "small wind energy system" means a wind energy conversion system that:

(1) Consists of a wind turbine, a tower, and associated control or conversion electronics;

(2) Has a rated capacity of no more than 100 kW; and

(3) Is intended to primarily reduce on‑site consumption of utility power.

(c) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a small wind energy system on any real property that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void as against public policy."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2554
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII